Terms and Conditions for Rising Creator

Welcome to Rising Creator!

These terms and conditions (“Agreement”) outline the rules and regulations for your use of the risingcreator.com website (“Website”), “Rising Creator” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator and Mobile Application developer (“Operator”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Services. If you do not agree with any part of these terms, please refrain from using the site.

Acceptance of Terms

By accessing or using Rising Creator (referred to as “we,” “us,” or “our”), you confirm that you have read, understood, and agree to be bound by these terms and conditions. These terms apply to all visitors, users, and anyone else who accesses the site. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services. 

Terminology

The following definitions apply to these Terms and Conditions, our Privacy Policy, and any or all Agreements:

  • “Client,” “You,” and “Your” refer to you, the user of this website, in compliance with the terms.
  • “The Company,” “We,” “Our,” and “Us” refer to Rising Creator.
  • “Party” or “Parties” refer to both the Client and us collectively.

Use of Cookies

We use cookies on Rising Creator. By accessing our website, you consent to the use of cookies in line with our Privacy Policy.

Cookies are small data files used to enhance your browsing experience, such as remembering your preferences. Some of our affiliates or advertising partners may also use cookies.

License and Intellectual Property

Unless otherwise stated, Rising Creator and/or its licensors own the intellectual property rights to all content on the website, including articles, images, videos, graphics, logos, and design. All intellectual property rights are reserved. You may access the content for personal use, subject to the restrictions outlined in these terms.

You are not permitted to:

  • Republish material from Rising Creator.
  • Sell, rent, or sub-license material from Rising Creator.
  • Reproduce, duplicate, or copy content from Rising Creator.
  • Redistribute content from Rising Creator without prior written consent.

Accounts and Membership

You must be at least 13 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User-Generated Content

We do not own any data, information, or material (collectively, “Content”) that you submit to the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

If you submit any content, such as comments, blog posts, or other materials, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, modify, distribute, and display that content in any form, media, or format.

By submitting content, you warrant that:

  • You have all the necessary licenses and consents to post the content.
  • The content does not violate any intellectual property rights or any law.
  • The content is not defamatory, offensive, or unlawful.

Rising Creator reserves the right to monitor and remove any inappropriate content, but we are not obligated to do so.

Backups

We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Hyperlinking to Our Website

The following organizations may link to our website without prior written approval:

  • Government agencies.
  • Search engines.
  • News organizations.
  • Online directory distributors.
  • Accredited businesses, except for non-profit organizations, charity groups, and fundraising entities.

These entities may link to our homepage, publications, or other information as long as the link:

  1. Is not misleading.
  2. Does not falsely imply sponsorship, endorsement, or approval.
  3. Fits within the context of the linking party’s site.

We may also consider link requests from other types of organizations at our discretion.

iFrames

Without prior approval and written permission, you may not create frames around our web pages that alter the visual presentation or appearance of our website.

Third-Party Links

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Affiliate Disclosure

Some links on Rising Creator may be affiliate links. If you purchase through these links, we may earn a commission at no extra cost to you. We only recommend products or services we believe in, but it’s always advisable to do your research before making any purchases.

Limitation of Liability

Limitation of Liability:

To the fullest extent permitted by applicable law, Rising Creator, its owners, affiliates, partners, and contributors shall not be held liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your access to, use of, or inability to use the website or its content, products, or services. This includes, but is not limited to, any errors, omissions, interruptions, inaccuracies, defects, delays, or unauthorized access to or use of our systems. We make no warranties, express or implied, regarding the content or services provided. You agree that your use of the website is at your sole risk, and you assume full responsibility for any losses or damages that may result. By using the website, you expressly release Rising Creator from any and all liability, whether based on contract, tort, negligence, strict liability, or otherwise, except to the extent prohibited by applicable law.

Disclaimer of Warranty:

Rising Creator provides its website, content, and services “as is” and “as available,” without any warranties or representations of any kind, whether express or implied. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing usage, or trade practice. We do not guarantee that the website will be uninterrupted, secure, or free from errors, viruses, or harmful components, nor do we warrant the accuracy, completeness, or reliability of any content or information presented on the site. You acknowledge that any reliance on such information is at your own risk. Rising Creator makes no warranty regarding the results that may be obtained from the use of the website or the suitability of the website for your particular needs. Visit our disclaimer page for more information.

As long as the website is offered free of charge, we will not be liable for any loss or damage of any nature.

Assignment:

You may not assign, transfer, or delegate any rights or obligations under these terms without prior written consent from Rising Creator. Any attempted assignment or delegation in violation of this provision will be null and void. Rising Creator reserves the right to freely assign or transfer its rights and obligations under these terms to any party, without notice or consent. This includes any assignment that may occur in connection with a merger, acquisition, sale of assets, or other corporate reorganization. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Governing Law

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of West Bengal, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in West Bengal, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Modifications to Terms

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification within the Services, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Contact Information

If you have any questions about these Terms and Conditions, please get in touch with us:

Rising Creator
Office Address: Darjeeling, Gorkhaland Territorial Administration, Hill Area, West Bengal, Pin- 734101
Email: admin@risingcreator.com | contactbasnet@gmail.com
Phone: 9647795637
Website: https://risingcreator.com

This document was last updated on January 1, 2024

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