Welcome to YoungButterfly! Before using YoungButterfly.in . (“YoungButterfly”) Service (as defined below), please carefully and thoroughly read these terms and conditions as they make up the Terms of Service Agreement (“Agreement”) which is a legal, binding agreement between you and YoungButterfly.
This Terms of Service (“Terms of Service” or “Agreement” or “Terms”) is between VIVEFX CONSULTING Private Limited, (“Service Provider”), and User (“User”) governing User’s use of the host of Products and Services of the Service Provider (“Product”).
DEFINATION
“Service Provider” means VIVEFX CONSULTING Private Limited and any other companies that are its subsidiaries and affiliates.
“Product” means all offerings of the Service Provider in the form of mobile app, website, etc.,.
“Subscriber” or “Customer” shall refer to the entity/individual Educators who enters into agreement with the Service Provider for obtaining Services.
“User” shall mean any person or entity or Learner who shall avail Services on the Product, or his/her representatives or affiliates who are registered on the Product.
ACCEPTANCE OF THE TERMS
By signing up for an account with Service provider you acknowledge that you have read, accept and agree to be bound by the terms and conditions set forth in this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree to this Agreement, you may not use this Service.
CHANGES TO TERMS
This Agreement may be updated by Service provider from time to time. All such updates and changes are effective immediately upon posting a revised version of this Agreement on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, or the Service at any time without prior notice to you. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site and Service.
DESCRIPTION OF SERVICE
Service Provider provides businesses and other organizations (“Organizations”) with an Application (the “Service”) that you can purchase through its web site located at www.YoungButterfy.in (the “Site”). The Service allows Organizations to showcase products, services, images, pricing and other SKU-level information (“Products”) within social networks, such as Facebook. The information that Organizations may choose to showcase using the Service includes, but is not limited to, still images, video, product descriptions, product pricing, service descriptions, service pricing, quantity available and links to e-commerce functionality on a third-party site.
ACCESS AND REGISTRATION
In consideration of your use of the Site and Services, you represent that you are of legal age to form a binding contract; you agree that all information that you provide to YoungButterfly in connection with your access to and use of the Site and Services (including, but not limited to, all information that you provide in the registration process) is true, accurate and complete; and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue Service or access to the Site, or any portion or features of this Site and Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and Services, in the event that any information provided by you in the registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or other agreement that you have with us.
You are responsible for maintaining the confidentiality of your password and account and are fully and solely responsible for all activities that occur under your password and account.
USE OF THE SERVICE
Subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title and interest in and to the Service and its components shall remain with and belong exclusively to YoungButterfly. You shall not modify, adapt, reverse engineer or hack the Service or falsely imply any association with YoungButterfly, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. Except as expressly authorized by YoungButterfly in writing, in no event shall you reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site or its Service.
You agree that you shall not use the Service to:
intentionally or unintentionally violate any local, state, federal or international law, rule or regulation; upload, post, transmit, sell or otherwise make available any content, product or service that is unlawful, illegal, stolen, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, transmit, sell or otherwise make available any content, product or service that you do not have a lawful, legal right to make available or sell;
make available any content, product or service that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
access content, data, product or services not intended for you, or log onto a server or account that you are not authorized to access;
attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by YoungButterfly or used by YoungButterfly in providing the Service.
TERMS AND CONDITIONS APPLICABLE TO USER’S CUSTOMERS
You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the operation of your business. Each Organization or person using the Service is responsible for providing its own terms and conditions to its customers that will be accessing the Service to purchase the Products. You shall place the following provision in the Terms and Conditions section of your web site and require your customers to accept and agree to the Terms and Conditions as a condition to using YoungButterfly’s Service: “If you are accessing our web site through the YoungButterfly feature on FaceBook or another social media or online platform, then you must agree to YoungButterfly’s Terms and conditions of use which can be found at http://www. YoungButterfly.com and your use of our site shall signify your agreement to be bound by YoungButterfly’s terms of service.”
CONSENTS
Before continuing to access and use the Site and Service, you must obtain all required consents and approvals from your Company and from any customers, clients and other third parties who may be affected by, or may need to consent to, your access to and use of the Site and Services, whether such consents and approvals are required by this Agreement, law or otherwise.
PRIVACY POLICY
Information that you provide or that we collect about you and your Organization through your access to and use of this Site and Service is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy, please visit http://www. YoungButterfly.in
PAYMENT AND REFUNDS
The Service is made available on month-to-month or year-to-year basis. All annual plans come with an initial 14 days free trial period. You will be billed monthly/annually starting on the day of the month your account was initially created or 14 days thereafter in the case of annual plans. Regardless of your billing cycle, there are no refunds or credits for partial months/years of service. Prices of all Services, including but not limited to monthly fees for the Service, are subject to change upon 14 days’ notice from us. Such notice may be provided at any time and shall be provided by updating this Agreement.
CANCELLATION AND TERMINATION
You are responsible for properly cancelling your account. You can cancel your YoungButterfly Service at any time. If you cancel the Service before the end of your current paid up month/year, your cancellation will take effect immediately and you will not be charged again at the next month/year billing cycle. YoungButterfly does not refund or prorate monthly/annual service.
YoungButterfly reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service for any reason, including, if YoungButterfly believes that you have violated this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities and you release YoungButterfly from any and all liability stemming from such reporting and cooperating with local, state, federal and international law enforcement officials. Under no circumstances shall YoungButterfly be liable to you or any third party for any modification, suspension or discontinuation of the Service.
MAINTENANCE
YoungButterfly may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, YoungButterfly shall not be liable to you or any third party for any interruption of Service for any reason, and you hereby release and agree to defend, indemnify and hold harmless YoungButterfly from and against any and all claims, costs (including attorneys’ fees), injuries, losses or damages arising in connection with such interruption.
PROPRIETARY CONTENT
YoungButterfly respects the intellectual property rights of others and expects you to do the same. YoungButterfly has expended substantial time, effort, resources and funds to create the Application and Site and to develop and provide the materials, products and Services that are available through the Application and Site. You understand and agree that YoungButterfly owns or (where required, appropriate or applicable) has been licensed by third parties to use all right, title and interest in and to the Site and the products and Services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the “Content”).
You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site, Service and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of YoungButterfly and its licensors.
COMPLIANCE WITH LAW
In connection with your access to and use of the Site and Services and that of any person authorized by you to use the Service, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. These assurances and commitments by you shall survive termination of this Agreement.
LINKED SITES
For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of YoungButterfly. YoungButterfly does not sponsor or endorse such Web sites and is not responsible for the accuracy, content or any aspect thereof. YoungButterfly disclaims all liability for such Web sites, and for any use of the links to such Web sites or use of such Web sites themselves. YoungButterfly also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against YoungButterfly arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites.
DISCLAIMER
Although YoungButterfly strives to make this Site and the Service helpful, reliable and current, you understand that your access to and use of the Site and the Service is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and Service are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Company, may desire to use them; and (ii) free of viruses and other destructive routines. ALL CONENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. YOUNGBUTTERFLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. YOUNGBUTTERFLY DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL YOUNGBUTTERFLY, ITS SUBSIDIARIES, CONTRACTORS, SUPPLIERS, AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “YOUNGBUTTERFLY ASSOCIATES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, YOUNGBUTTERFLY ASSOCIATES SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of THE YOUNGBUTTERFLY ASSOCIATES shall be limited in accordance with this Agreement to the fullest extent permitted by law.
INDEMNIFICATION/ RELEASE
You, on behalf of yourself, your company, subsidiaries, affiliates, officers, directors, members, managers, employees, agents, customers and contractors, (collectively “User Parties”) hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the YoungButterfly Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim User Parties may now or later have due to or arising out of your access to and use of the Content, the Site, and Services, any violation of this Agreement or any violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement. Without limiting the foregoing, to the maximum extent permitted by law, you waive all rights you and User Parties may have under California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor.”
MISCELLANEOUS
This Agreement and the YoungButterfly Privacy Policy referenced herein (as each may be revised and amended from time to time), constitute the entire agreement with respect to your access to and use of the Site and Service available on or through the Site. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of YoungButterfly’s copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you, your Organization and YoungButterfly. YoungButterfly may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of YoungButterfly. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed to make you and YoungButterfly a partner, agent or joint venture of each other.
JURISDICTION
This Site was created and is presently maintained, located and controlled by YoungButterfly in India. This Agreement shall be governed by and construed under the law of India, without regard to conflicts of law principles or rules thereof. You hereby expressly agree to submit to the exclusive personal jurisdiction of the India courts for the purpose of resolving any dispute relating to this Agreement, your access to or use of this Site or the Service. You agree to submit to the personal jurisdiction of the courts located in India and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. Any legal action arising out of or related to this Agreement and your access to and use of this Site or the Service must be commenced within one year after the cause of action arose or it will be forever barred.
INTERNATIONAL USERS AND EXPORT CONTROL LAWS
The Site can be accessed from countries around the world. You agree to comply with all applicable export and import laws and regulations. In particular, you represent that you are not a party identified in any government export exclusion list.
QUESTIONS REGARDING TERMS
Please contact us with any questions regarding this Site, the Service or this Agreement by e-mail at support@YoungButterfly.in