Damned.com (“Damned”, “Site”) offers all content, information,and Services available to User (“you”, “your”, “yours”) conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. User for the purposes of this Site is anybody who visits the site to view the content herein and/or also submits his/her work in different formats including but not limited to written, visual, video, audio etc. in line with the content and format of the Damned.com, for the purpose of getting such work featured on this Site.
Please read these Terms And Conditions (T&Cs) carefully before accessing or using Site. By accessing or using any part of the Site, you agree to be bound by these T&Cs and a contractual relationship is established between you and Damned. If you do not agree to all the terms of this agreement, then you must not access the Site or use any of its Services.
Damned.com is an online humour and satire platform, showcasing the work of various authors and creators in different formats including but not limited to written, visual, video, audio etc. It allows Users to view this content and also provides an opportunity to those interested to get their work featured on this Site.
Subject to your compliance of the terms mentioned herein and the restrictions set out below and elsewhere in the Terms & Conditions, Damned grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the Site solely in connection with purpose mentioned herein; and (ii) access any content, information and related materials that may be made available through the Site, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Damned.com
You shall not:
- Submit content that is untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
- remove any copyright, trademark or other proprietary notices from any portion of the Site;
- reproduce, modify, prepare derivative works based upon the content, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the content herein except as expressly permitted by Damned;
- decompile, reverse engineer or disassemble the Services;
- attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
- edit, modify any material on the Site, Services and/or republish material relating to the Site and the content published herein;
- perform any activity that may hinder any operation and/or functionality of any aspect of the Site;
- sell, rent or sub-license any content from the Site;
- show any material from the Site for commercial purpose;
- reproduce, duplicate, copy or otherwise exploit material relating to the Site or the content showcased herein;
- redistribute content/works from this Site or the advertisement(s) of the third party;
- tamper with content, registration information, profiles, submissions or Content belonging to Damned or other users of Damned.
- USER OBLIGATIONS
- This Platform should be used by individuals/entities who can form legally binding agreements under the applicable laws. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the T&Cs of this Agreement.
- The work/content submitted by you should be your own and not plagiarized or you should have the authorization to use the same.
- The work/content should not have been previously published, telecast, circulated.
- You shall not copy or make duplicate copies of the content featuring on the Site without Damned’s consent.
- You shall abide by the terms mentioned in this Agreement.
- When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to Damned you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if Damned so chooses, it may use and disclose your Submissions in any way.
- SITE ACCESS
Damned.com grants you the right to access and view the content showcased on the Site. However, the said permission does not include :
- Download or modification of any content or portion of it from the Site for commercial usage;
- any resale or commercial use of this site or its contents;
- any derivative use of this site or its contents;
- any downloading or copying of content for own benefit or for the benefit of any other party;
- any use of data mining, robots, or similar data gathering and extraction tools;
- this site or any portion of this site to be reproduced, duplicated, sold, resold, altered or otherwise exploited for commercial purposes without Damned’s express written consent; or
- Usage of any proprietary information (including images, text, page layout, or form) of Damned.com and its affiliates without its express written consent.
Any unauthorized use of the Site by you, terminates the permission granted by Damned. You may not use Damned’s logos or other proprietary graphic or trademark as part of the link without express written permission.
- PUBLICATION OF CONTENT
In case any User wishes to get his/her work featured on the Site, you may reach Damned at email@example.com
Acceptance of the content/work to be showcased will be at the sole discretion of Damned.com. You agree that the work submitted by you is subject to alteration/rectification by us without altering the spirit and essence of such work. However, Damned has no obligation to pay or reimburse you for your work or our use of your work.
- USER CONDUCT
You agree and undertake that you shall not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of Damned.com or any other party;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any content posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of content;
- violate any applicable laws or regulations;
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Site contained elsewhere herein;
- Damned may refuse any of the Services including but not limited to featuring your work/content, at its discretion and/or if Damned believes that User’s conduct violates applicable law or is harmful to its interests;
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Site, other Users, its associates and partners on any property owned or operated by the Site.
No joint venture, partnership, employment or agency relationship exists between you and Damned.com as a result of this Agreement and/ or use of the Services of the Site.
Damned may revise these T&Cs and its Services from time to time. The revised Terms and Conditions shall apply to the use of the Site from the date of publication of the revised Terms and Conditions on the Site, and you hereby, waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions.
In case of substantial change(s) to the terms of T&cs Damned will display notice on the Site’s homepage or give you notice of any such revision via mail. The revised Terms and Conditions will apply to the use of the Site from the date that such notice is given; if you do not agree to the revised Terms and Conditions, you must stop using the Site.
In case of requirement of express agreement to revised Terms and Conditions, Damned may ask you for the same and if you do not expressly agree to the revised Terms and Conditions within such period as specified, you must stop using the Site and availing the Services mentioned herein.
The Terms mentioned herein shall not be assigned or otherwise transferred by the User. However, in the event of sale of the Site or otherwise, Damned.com’s obligations under these terms are freely assignable or otherwise transferable by it to any third party without the requirement of seeking User’s prior consent . User will be bound by the modified terms (if any) of the Assignee unless the User chooses to terminate this Agreement.
- MONITORING OF SERVICE CONTENT
Damned is under no obligation to restrict or monitor the Service or any content in any way. Damned does not regularly monitor the accuracy or reliability of content. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, Services, offers, or other information or content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Damned. Damned neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made herein.
If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable or there is change in laws, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible
- RIGHTS GRANTED
In consideration of the terms of this Agreement and on submission of the content/work by the User, User agrees to:
- Allow content/work submitted to be published/showcased on the Site.
- Allow alteration/rectification in the work/content submitted.
- Receive feedback, comments, suggestions, ideas with respect to the his/her work including those from other Users.
- TERM AND TERMINATION
The Agreements will continue to apply to you until terminated by either you or Damned.com. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after termination of any of the Agreement for any reason. Damned may terminate the Agreement or suspend your access to the Damned.com at any time, including in the event of your actual or suspected unauthorised use of the Damned.com and/or Content, or non-compliance with the Agreement. In case of termination of this Agreement, you agree that Damned.com shall have no liability or responsibility to you, and Damned will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
- INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights (“IPR”) for the purpose of these terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade adresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork,content and computer code in relation to the Site.
- All IPR on the Site and the content showcased herein exclusively belong to Damned.com and in some cases to the Users who have submitted their work for the purpose of such work being showcased on the Site. User retains ownership of his/her rights in any content that is featured on the Site and is work of the User subject to the non-exclusive rights that you grant to us as described in these terms. Under no circumstance shall any User infringe in any way such IPR of the Site, other Users, any other party including those of the third parties during or pursuant to its use of the Site for any purposes whatsoever.
- User hereby grants Damned.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Damned shall have no liability for any infringement of intellectual property rights with respect to such content created by the User and Users’ request to showcase the same on the Site .
- You hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select)
Except as expressly provided herein, the User acknowledges and agrees that he/she shall not copy, reprint, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Site or owner of such Intellectual Property Rights.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided on “as is” and “as available” basis. Damned makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Damned disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Damned does not warrant that this site, its servers, or e-mail sent are free of viruses or other harmful components. Damned shall not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Damned reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. To the maximum extent permitted by applicable law, Damned.com assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the Site; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site or any product; (iii) any unauthorized access to or use of secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; and/or (v) any bugs, viruses or the like that may be transmitted to or through the Site by any third party.
- DISCLAIMER REGARDING SITE CONTENT AND RELATED MATERIALS
Humour/satire herein including but not limited to the characters, names and places are fictitious and are created/used solely for the purposes of entertainment, comment, criticism, parody, highlighting political and/or social situations etc. All the articles, jokes, cartoons and other content featured here are intended to provide humour and entertainment and it is not Damned’s intention to offend or disrespect any individual or group through the content provided here. Any similarity to real people, without parodic purpose is a coincidence.
The Content may be changed, altered and deleted without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Damned may update the Content at any time without any notice at its sole and absolute discretion. All trade names, product names and trademarks of third parties, including any trademarked characters, used by Damned (whether online, in print or any other media) are used without the authorization of those third parties, and are used only for the purpose of parody and identification. No sponsorship, endorsement or affiliation by or with those third parties exists or should be implied.
Opinions expressed herein are not necessarily those of Damned or team. Any opinions herein have been considered in the context of certain conditions and subject to assumptions that cannot necessarily be applied to an individual case or particular circumstance. The Content may not and should not be used or relied upon for any other purpose, including, but not limited to, use in or in connection with any legal proceeding.
If you find the content/ information featured on this Site offensive, you may not want to use the Site.
You shall indemnify and hold harmless Damned.com, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
- GOVERNING LAWS
This Agreement is governed by the laws of India. You and Damned.com submit to the exclusive jurisdiction of the courts of India.
All notices to be issued pursuant to these terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to firstname.lastname@example.org.