Welcome to Afterbricks! Afterbricks is an online platform dedicated to home renovation and assisted sourcing. Afterbricks brings together professionals, sellers of home renovation products, other businesses, homeowners, renters, and remodeling enthusiasts. Through Afterbricks, people can find renovation ideas, advice, products, and services related to home renovation.
These Terms provide important information to you, including your agreement to grant rights to your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action (described in Section 8 below) and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.
We encourage you to review this Agreement carefully. Any use of the Afterbricks Platform, including browsing www.afterbricks.com , shall be governed by the Agreement. If you do not agree to any of the Terms, you should stop using the Afterbricks Platform.
1. Using the Afterbricks Platform.
a. Who can use it. Anyone except Legally prohibited entities and individuals. Use of the Afterbricks Platform by individuals under 13 years of age is strictly prohibited.
d. Profile for Professionals. If you are a professional services provider / manufacturer or their authorized dealer, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the Afterbricks Platform while identified by your professional profile. \
e. Acceptable Use Policy. When using the Afterbricks Platform, you agree to abide by common standards of etiquette and act in accordance with the law.
f. Termination. You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Afterbricks policy.
g. Feedback. We welcome your feedback and suggestions about how to improve the Afterbricks Platform. Feel free to submit feedback on our platform. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
a. Definition of Your Content. The Afterbricks Platform enables you to post materials, including without limitation photos, profile pictures, messages, and commentary. You may also post reviews of third-party service providers, third-party products, or third-party services ("Reviews"). All materials that you post on the Afterbricks Platform will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the Afterbricks Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
b. License and Permission to Use Your Content. You hereby grant to us and our affiliates, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display,, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
c. Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to Afterbricks product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Afterbricks Business Purposes. "Afterbricks Business Purposes" means any use in connection with a Afterbricks-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Afterbricks Platform, the services or the information it contains, Afterbricks, or its affiliates. Afterbricks Business Purpose specifically includes the use of Your Content on the Afterbricks Platform in connection with features and functions offered by Afterbricks to our users that enable them to view and interact with Your Content.
d. Limits. We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
a. Definition of Our Content and Materials. All intellectual property in or related to the Afterbricks Platform (specifically including, but not limited to, our software, the Afterbricks marks, the Afterbricks logo, and Afterbricks buttons, badges, and widgets, but excluding Your Content), is the property of Afterbricks , its subsidiaries and affiliates or its licensors
c. No Endorsement or Verification. Please note that the Afterbricks Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Afterbricks Platform by anyone.
d. Ownership. You acknowledge and agree that the Afterbricks Platform and Afterbricks marks will remain the property of Afterbricks. The content, information and services made available on the Afterbricks Platform are protected by international copyright, trademark, and other laws and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Afterbricks Platform.
We have a special process for reporting violations of your intellectual property rights or other violations of Afterbricks policies or applicable laws.
a. Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. Any infringement will be dealt with in accordance with the law of the land. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and as per applicable law.
THE "AFTERBRICKS ENTITIES" MEANS AFTERBRICKS Consulting Pvt Ltd, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
a. WE ARE PROVIDING YOU THE AFTERBRICKS PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE AFTERBRICKS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
b. THE AFTERBRICKS ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE AFTERBRICKS PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE AFTERBRICKS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AFTERBRICKS ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE AFTERBRICKS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE AFTERBRICKS PLATFORM OR PRODUCTS. YOUR USE OF THE AFTERBRICKS PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend, and hold the Afterbricks Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to the Acceptable Use Policy (b) any allegation that any materials you submit to us or transmit to the Afterbricks Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Afterbricks Platform or other websites to which the Afterbricks Platform is linked; and/or (d) your negligent or willful misconduct.
If you have a dispute with Afterbricks, you agree to contact us through our platform or at our registered address to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that relates to the Afterbricks Platform or involves our services.
a. Binding Arbitration. You and Afterbricks agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Afterbricks Platform (collectively " Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Afterbricks both agree to waive the right to a trial. Notwithstanding the foregoing, you may bring a claim against Afterbricks in "consumer court" , instead of by arbitration, but only if the claim is eligible under the rules of the consumer court and is brought in an individual, non-class, and non-representative basis, and only for so long as it it remains in the consumer court and in an individual, non-class, and non-representative basis.
b. Class Action Waiver. You and Afterbricks agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Afterbricks both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Afterbricks agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
c. Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as per the law of land. The arbitrator will be either a retired judge or an attorney licensed to practice law
d. Arbitration Location and Procedure. Unless you and Afterbricks agree otherwise, the seat of the arbitration shall be in New Delhi. If your claim does not exceed INR 50,000, then the arbitration will be conducted solely on the basis of documents you and Afterbricks submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds INR 50,000, your right to a hearing will be determined by applicable Rules. The arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
e. Arbitrator's Decision and Governing Law. The arbitrator shall apply law of the land consistent with the relevant Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. Judgment on the arbitration may be entered in any court at New Delhi having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the "Disclaimers and Limitations of Liability" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.
f. Fees. Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the applicable judicial provisions.
You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Afterbricks Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Afterbricks Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Afterbricks Platform, updates concerning new and existing features on the Afterbricks Platform, communications concerning promotions run by us or third parties, and news relating to the Afterbricks Platform and industry developments.
If you wish to stop receiving promotional emails or promotional text messages, you can exercise your right to opt-out or unsubscribe.
b. Languages. English is the authoritative text of this Agreement and all communications, notices, arbitrations and other actions and proceedings relating to this Agreement will be made and conducted in English.
c. Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Afterbricks's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Afterbricks may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
d. Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
e. Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
f. Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Afterbricks Platform and constitutes the entire agreement between you and us regarding the Afterbricks Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
g. Contact. Feel free to contact us by visiting www.afterbricks.com with any questions about this agreement.
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