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Terms Of Use

1. Acceptance of the Terms of Use

1.1 ReWorks, (herein referred to as “ReWorks,” “we,” “us” or “our”) owns and operates certain web sites, including www.reworks.in and other affiliated websites (the “Web Sites”) and makes available other marketing and promotional services, fulfilment of promotional items, and promotional item administration through ReWorks’s proprietary promotional item management software platform (the “Platform”) (collectively, such items and services with the Platform, the “ReWorks Services”). Use of the Web Sites and ReWorks Services is subject to the terms and conditions contained in this Terms of Use Agreement, as amended from time to time (these “Terms of Use” or “Agreement”). By accessing, browsing, or otherwise using the ReWorks Web Sites or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. Please read these Terms of Use carefully before you start or authorize any users under your account to use the ReWorks Services. By using the ReWorks Services, you represent you are at least 18 years of age and agree to be bound by these Terms of Use on behalf of yourself and any authorized users. If you do not agree to these Terms of Use, you must not access, use or authorize use of the ReWorks Services or the Web Sites. Please check these Terms of Use periodically for changes as every term in this agreement is subject to amendment. We reserve the right to change these Terms of Use at any time; provided however, you have the right to reject such amendment or cancel the contract without cost, penalty or cancellation by sending the company a notice to that effect no later than 30 days following such amendment. Your continued use of the ReWorks Services following this 30 day period means that you agree to such changes.

1.2 Additional Terms. When using the ReWorks Services, you will be subject to, and agree to be bound by, any additional terms applicable to such ReWorks Services that may be posted on the ReWorks Services or Web Sites from time to time, including without limitation, ReWorks’s Privacy Policy (the “Privacy Policy”), additional terms and conditions with respect to your use of a specific ReWorks Service (as indicated by separate agreement), and any additional terms and conditions. If there is a conflict between these terms and the additional terms, the additional terms will control for the conflict.

2. ReWorks Services

2.1 General. The ReWorks Services are designed to offer organizations or individuals who register to use such services to order promotional items, manage their promotional items, or fulfill their promotional items (“Customers”), and organizations or individuals who receive promotional items through our services (“Recipients”), (collectively, Customers and Recipients are referred to herein as “Users”).

2.2 Registration; Age Restrictions. You may be required to register with ReWorks in order to access and use certain ReWorks Services. If you choose to register for the ReWorks Services, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur within your account. You agree to (a) immediately notify ReWorks of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session when accessing the ReWorks Services. ReWorks will not be liable for any loss or damage arising from your failure to comply with this Section. Registration data and certain other information about you are governed by the Privacy Policy. If you are under 13 years of age, with or without registering, you are not authorized to use the ReWorks Services. In addition, if you are under 18 years old, with or without registering, you may use the ReWorks Services only with the approval of your parent or guardian.

2.3 Changes to ReWorks Services. ReWorks reserves the right to modify, suspend, or discontinue the ReWorks Services (or any part thereof) with or without notice. You agree that ReWorks will not be liable to you or any third-party for any modification, suspension, or discontinuance of the ReWorks Services (or any part thereof).

3. Restrictions on Use of ReWorks Services and Web Sites

3.1 Restrictions. Unless otherwise expressly authorized within the ReWorks Services or by ReWorks, you agree to not display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any content of the Platform or the Web Sites. Unless otherwise expressly agreed by ReWorks, the ReWorks Services are for your personal use. Nothing stated or implied on the Platform or Web Sites confers on you any license or right under any copyright, trademark, or other intellectual property right of ReWorks or any third party.

3.2 You agree not to:

(a) take any action that imposes an unreasonable load on the infrastructure of the Web Sites or the ReWorks Services;

(b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Sites or ReWorks Services or any activity being conducted on the Web Sites or ReWorks Services;

(c) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Web Sites or ReWorks Services;

(d) delete or alter any material posted on the Web Sites or ReWorks Services by ReWorks or any other person or entity; or

(e) frame or link to any of the materials or information available on the Web Sites or ReWorks Services.

3.3 You agree to not use the Web Sites or ReWorks Services to:

(a) submit or distribute any data or content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, or ethnically or otherwise objectionable; or (vii) in our sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying the ReWorks Services, or which may expose ReWorks or its Users to any harm or liability of any type;

(b) interfere with or disrupt, or attempt to interfere or disrupt, the Web Sites or ReWorks Services, any service to any User, host, or network, including without limitation, by way of submitting a virus to, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” the Web Sites or ReWorks Services;

(c) forge any TCP/IP packet header or any part of the header information in any e-mail or posting;

(d) violate any applicable local, state, national, or international law, or any regulations having the force of law;

(e) impersonate any person or entity;

(f) falsely state or otherwise misrepresent your affiliation with a person or entity, including our Customers;

(g) solicit personal information from anyone, send invitations to use the Web Sites or ReWorks Services to individuals under the age of 18, or send unsolicited e-mail, including any promotions and/or advertising;

(h) harvest or collect email addresses or other contact information of Users of Web Sites or ReWorks Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(i) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

(j) further or promote any criminal activity or enterprise;

(k) delete or revise any material or other information of any other User or ReWorks;

(l) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Web Sites or ReWorks Services other than the search engine and search agents available from ReWorks on the Web Sites or ReWorks Services and other than generally available third party web browsers;

(m) use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper,” or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web Sites pages, data or content found on or accessed through the Web Sites or ReWorks Services.Violations of system or network security may result in civil or criminal liability. ReWorks will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

ReWorks reserves the right to review postings on its Web Sites and ReWorks Services, to remove any postings and to terminate your ability to post to the Web Sites or ReWorks Services at any time and without notice, in its sole discretion. ReWorks also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access the Web Sites or ReWorks Services is virus free.

3.4 External Sites. The Web Sites may contain links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as a referral or endorsement by us of any other entity or the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

4. Content; Intellectual Property Rights

4.1 Content. The ReWorks Services contain material, including but not limited to software, text, graphics, and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties, including our Customers. The Content is protected by Indian and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and ReWorks Services shall automatically terminate and you shall immediately destroy any copies of the Content you have made.

4.2 Trademarks. The trademarks, service marks, logos, and design of ReWorks (the “ReWorks Trademarks”) used and displayed on the ReWorks Services are registered and unregistered trademarks or service marks of ReWorks. Other company, product, and service names located on the ReWorks Services may be trademarks or service marks owned by third-parties (collectively with the ReWorks Trademarks, the “Trademarks”). Nothing on the ReWorks Services or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the ReWorks Services without the prior written consent of ReWorks specific for each such use. The Trademarks may not be used to disparage ReWorks or the applicable third-party, ReWorks’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without ReWorks’s prior written consent. All goodwill generated from the use of any ReWorks Trademark shall inure to ReWorks’s benefit. Certain elements of the ReWorks Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 4.1 of the Agreement. None of the Content may be retransmitted without the express written consent from ReWorks for each and every instance.

4.3 Confidentiality. We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any of ReWorks’s confidential information, which includes non-public information related to ReWorks’s software, documentation or information related to pricing, discounts, this Agreement, errors in the ReWorks Services and other competitive or proprietary data (i.e., business, technical or financial information) or information a reasonable person would conclude is confidential, without ReWorks’s written consent. Subject to any applicable terms and conditions set forth in this Agreement or any other agreement entered into with ReWorks, any other communication or material that you send to us through ReWorks Services, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

4.4 Use of Submissions and Feedback. Should you submit to ReWorks any feedback, questions, comments, suggestions, or the like, in whatever form, regarding the content of the Web Sites, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. You hereby grant us a license for such use.

4.5 User Content. You are solely responsible for all information, pictures, trademarks, service marks, logos, data, text, messages, images or other materials that you submit or email to us directly or via the ReWorks Services (“User Content”). ReWorks reserves the right to investigate and take appropriate legal action against anyone who, in ReWorks’s sole discretion, violates this provision, including without limitation, removing content from the Web Site, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities.

(a) Without limiting the restrictions in these Terms of Use, you agree not to transmit, distribute, post, submit, communicate or store information or other material on, to, or through the ReWorks Services or Web Sites that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) is copyrighted, unless you are the copyright owner; (iii) reveals trade secrets, unless you own them; (iv) infringes or violates the privacy or publicity rights or others; (v) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous, or embarrassing to any other person or entity as determined by ReWorks in its sole discretion; (vi) is sexually explicit; (vii) constitutes advertisements or solicitations of business, surveys, contests, chain letters, or pyramid schemes; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) poses or creates a privacy or security risk to any person; (x) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, or ethnically or otherwise objectionable; or (xi) in our sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying the ReWorks Services, or which may expose ReWorks or its Users to any harm or liability of any type.

(b) Users agree and warrant to the following terms in connection with registering with use of the Web Sites and ReWorks Services and understand that ReWorks and third party users of the Web Sites and ReWorks may rely on these agreements and warranties in connection with the ReWorks Services and Web Sites: (i) except as expressly set forth in connection with the license terms established by the User, with respect to User Content submitted to ReWorks, each User represents and warrants that they own or have all necessary and unencumbered right to all rights, title and interest in and to the User Content, including all patent, copyright, trademark, service mark, mask work, moral right, trade secret or other intellectual property or proprietary rights therein; and (ii) Users are solely responsible for ensuring compliance with these Terms of Use and all User Content shall comply with the restrictions set forth herein.

4.6 License to User Content. By submitting any User Content, you hereby grant and will grant ReWorks, its affiliated companies, and its partners, suppliers, and vendors a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use such User Content in connection with the operation of the ReWorks Services or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed.

4.7 Preservation, Disclosure, and Removal of User Content. You acknowledge and agree that ReWorks may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ReWorks, our Users of the ReWorks Services, and the general public. You understand that the technical processing and transmission of the ReWorks Services, including your content, may involve transmissions over various networks and changes to conform and adapt to the technical requirements of connecting networks or devices. In addition, ReWorks has the sole right to remove any User Content from the ReWorks Services that it believes in its sole discretion is in violation of this Agreement or is otherwise inappropriate in any way.

4.8 No Liability for Customer Content. Under no circumstances will ReWorks be liable in any way for any content submitted by Customers or other third-parties or at the direction of Users of the ReWorks Services, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any content submitted via the ReWorks Services or emailed to ReWorks. You acknowledge that ReWorks may not pre-screen content, but that ReWorks and its designees will have, in their sole discretion, the right (but not the obligation) to refuse or remove any content that is available via the ReWorks Services. You agree that you must evaluate, and bear all risks associated with, the use of any data or content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.9 During the term of this Agreement, ReWorks grants you a non-exclusive, non-transferable, non-sublicensible, revocable and limited right to access and use ReWorks Services and any documentation made available to you by ReWorks solely for purposes of your personal use of ReWorks Services in accordance with the terms of this Agreement. These ReWorks Services are limited to Users in India as applicable based on the product and services description. ReWorks Services are enabled by technology, software and certain content delivered electronically. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of ReWorks Services except to an authorized user. Except for the limited license and use rights expressly granted to you under this Agreement, all title to and the rights in ReWorks Services, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, ReWorks’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of ReWorks and/or the applicable third party.

4.10 Copyright and the DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under Indian copyright law. If in good faith you believe material on the ReWorks Services infringe your copyright, you (or your agent) may send us a notice requesting the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Web Sites or our services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA Notices and counter notices with respect to the Web Sites should be sent to ReWorks by email at hello@reworks.in

ReWorks, in its sole discretion, may limit or terminate access to the ReWorks Services for Users who are deemed to be repeat infringers. ReWorks may also in its sole discretion limit or prevent access to the ReWorks Services by any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. Limitation of Liability and Disclaimer of Warranties

5.1 ReWorks, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ReWorks PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, THE WEB SITES OR THE ReWorks SERVICES, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE ReWorks PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE ReWorks SERVICES, WEB SITES AND THE CONTENT IS AT YOUR OWN RISK.

THE ReWorks PARTIES DO NOT WARRANT THE ReWorks SERVICES WILL OPERATE ERROR FREE OR THAT THE ReWorks SERVICES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE ReWorks SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ReWorks PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ReWorks, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF ReWorks OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

THE ITEMS RECEIVED BY CUSTOMER AND RECIPIENTS CONTAIN NO WARRANTY AND ReWorks IS NOT LIABLE FOR ANY DEFECTIVE OR HARMFUL ITEMS, AND DISCLAIMS ANY LIABILITY TO ANY HARM CAUSED BY SUCH ITEMS WHETHER DEFECTIVE OR NOT. ALL ITEMS ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

5.2 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ReWorks PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE ReWorks PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE ReWorks PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CONTENT UPLOADED BY YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE ReWorks PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

5.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE ReWorks PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

5.4 If you are a Recipient of items (whether redeemed through a link or sent by a ReWorks Customer) ReWorks does not guarantee the quality or safety of items, the availability of any items or that any particular giveaway will be active when you attempt to redeem a link. Furthermore, ReWorks does not guarantee the ability to redeem an item just because you may have received a link to redeem items. ReWorks has no obligation to ship a redeemed item if the Customer cancels the order or cancels the inventory used for that order. ReWorks has no obligation to replace an item sent to you at the direction of a Customer or in the event of a redemption if a shipment is incorrect, lost or stolen. If a ReWorks Customer sends an item to you without your consent, ReWorks disclaims any responsibility for such sent item, including but not limited to any duties or taxes due, and encourages you to contact the Customer that sent you such item.

6. Indemnification

You agree to defend, indemnify, and hold harmless ReWorks Parties from and against any claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms of Use, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Content; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person. ReWorks shall provide notice to you of any such claim, suit, or proceeding. ReWorks reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting ReWorks’s defense of such matter.

7. Term and Termination of the Agreement

7.1 The term of this Agreement will begin upon your first use of any Web Sites or ReWorks Services and will continue until you cease using the Web Sites and/or ReWorks Services unless a term is otherwise set forth in the registration. For those ReWorks Services subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.

7.2 ReWorks reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the ReWorks Services or the Content at any time and for any reason without prior notice or liability. ReWorks reserves the right to change, suspend, or discontinue all or any part of the ReWorks Services or the Content at any time without prior notice or liability.

7.3 Sections 2 (ReWorks Services), 3 (Content; Intellectual Property Rights), 4 (Content; Intellectual Property Rights), 5 (Limitation of Liability and Warranty), 6 (Indemnification), 10 (Dispute Resolution By Binding Arbitration), and 11 (Miscellaneous) shall survive the termination of this Agreement.

8. User Must Comply with Applicable Laws

8.1 The Web Sites are hosted with industry standard third party providers based in India. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of India. If you access the Web Sites or the Content from outside of India, you do so at your own risk. Whether inside or outside of India, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

8.2 India controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

9. Miscellaneous

This Agreement is governed by the internal substantive laws of the State of Uttar Pradesh,  without respect to its conflict of laws provisions. Failure of ReWorks to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against ReWorks unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by ReWorks and you, this Agreement, the Privacy Policy, constitute the entire Agreement between you and ReWorks with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to through the ReWorks Services might be publicly accessible. Important and private information should be protected by you. ReWorks is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

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