Terms of Service
- your actions and the Content comply with the terms of service of any third party websites with which you interact; for example, many review sites such as Yelp and Google strictly limit or prohibit the practice of offering incentives to customers in exchange for reviews;
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other pages and web sites, and similar unsolicited promotional methods;
- your page is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your page’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Grab Your Reviews or otherwise.
Payment and Renewal
Optional paid services such as extra features, print services, or domain purchases are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Grab Your Reviews the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Grab Your Reviews before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Billing section of Grab Your Reviews dashboard.
Responsibility of Website Visitors
The Website may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) (“Third Party Materials”) that is owned and controlled by third parties such as Grab Your Reviews’s customers and third-party review platforms. Grab Your Reviews has not reviewed, and cannot review, all Third Party Materials. You acknowledge and agree that Grab Your Reviews is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Grab Your Reviews does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Grab Your Reviews disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Grab Your Reviews links, and that link to Grab Your Reviews. Grab Your Reviews does not have any control over those non-Grab Your Reviews websites and webpages, and is not responsible for their contents or their use. By linking to a non-Grab Your Reviews website or webpage, Grab Your Reviews does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Grab Your Reviews disclaims any responsibility for any harm resulting from your use of non-Grab Your Reviews websites and webpages. Such websites and webpages may be subject to different Terms of Service and Privacy Policies than those that govern your use of the Website.
Copyright Infringement Policy
As Grab Your Reviews asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Grab Your Reviews violates your copyright, you are encouraged to notify Grab Your Reviews in accordance with Grab Your Reviews’s Copy right Law of India. The copy rights remedies are – administrative remedies-civil remedies- and criminal remedies. Copyrights of works of the countries mentioned in the international copyright order are protected in India, as if such works are Indian works. Grab Your Reviews will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Grab Your Reviews will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Grab Your Reviews or others. In the case of such termination, Grab Your Reviews will have no obligation to provide a refund of any amounts previously paid to Grab Your Reviews.
This Agreement does not transfer from Grab Your Reviews to you any Grab Your Reviews intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Grab Your Reviews. Grab Your Reviews, the Grab Your Reviews logo, and all other trademarks, service marks, graphics and logos used to identify Grab Your Reviews or the Website are trademarks or registered trademarks of Grab Your Reviews or Grab Your Reviews’s licensors. Other trademarks, service marks, graphics and logos used on the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Grab Your Reviews or third-party trademarks. All trademarks and trade names are the property of their respective owners. Grab Your Reviews reserves the right to remove any Content that breaches these terms.
Grab Your Reviews reserves the right to display advertisements on your page without any payment or any other consideration to you.
Grab Your Reviews reserves the right to display attribution links such as ‘Powered by Grab Your Reviews,’ theme author, and font and image attribution in your page. Some footer credits, as determined by Grab Your Reviews at its sole discretion, may not be removed regardless of upgrades purchased.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities. Grab Your Reviews reserves the right to remove any domain or subdomain integration that breaches these terms, or the Intellectual Property terms put forth in section 8 of this document.
Grab Your Reviews reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Grab Your Reviews may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Grab Your Reviews may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Grab Your Reviews account (if you have one), you may simply discontinue using the Website or contact Grab Your Reviews customer service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination: (i) all rights granted to you under this Agreement will terminate immediately; and (ii) you must cease all use of the Website. Termination will not limit any of Grab Your Reviews’s rights or remedies at law or in equity.
Disclaimer of Warranties
The Website is provided “as is”. Grab Your Reviews and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Grab Your Reviews nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GRAB YOUR REVIEWS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT FOR: (i) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR (ii) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GRAB YOUR REVIEWS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GRAB YOUR REVIEWS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
General Representation and Warranty
You agree to indemnify, defend, and hold harmless Grab Your Reviews, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of your use or misuse of the Website, including but not limited to your violation of this Agreement and/or any of the warranties contained herein.
This Agreement constitutes the entire agreement between Grab Your Reviews and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Grab Your Reviews, or by the posting by Grab Your Reviews of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed and comply with all laws applicable within the territory of India and pursuant to the terms of this agreement excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be referred to arbitration conducted by a Sole Arbitrator and to be governed under the provisions of the Arbitration and Conciliation Act, 1996 and the venue of the arbitration would be Vadodara-Gujarat-India. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules by sole arbitrator appointed in accordance with such Rules. The arbitration shall take place in Vadodara Gujarat, in the English language and the arbitral decision may be enforced in any court of Vaodara – Gujarat. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Grab Your Reviews may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.