Terms and Conditions

Introduction

These terms and conditions outline the rules and regulations for the use of elementFX Digital Agency's Website http:///www.elementfx.in.

elementFX Digital Agency is located at:

Kandivali, MUMBAI
MAHARASHTRA - 400067, India

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use http:///www.elementfx.in website if you do not accept all of the terms and conditions stated on this page.

Minors or people below 16 years old are not allowed to use this Website.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using elementFX Digital Agency's website you consent to the use of cookies in accordance with elementFX Digital Agency’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

Intellectual Property Rights / License

Other than the content you own, under these Terms, http:///www.elementfx.in and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

All intellectual property rights are reserved. You may view and/or print pages from http:///www.elementfx.in for your own personal use subject to restrictions set in these terms and conditions.

You are specifically restricted from all of the following:

• - Re-Publishing any of our website material in any other media;
• - Selling, Sublicensing and/or otherwise commercializing any of our website material;
• - Reproduce, duplicate or copy material from http:///www.elementfx.in
• - Publicly performing and/or showing any Website material;
• - Using this Website in any way that is or may be damaging to this Website;
• - Using this Website in any way that impacts user access to this Website;
• - Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• - Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• - Using this Website to engage in any advertising or marketing.

Redistribute content from elementfx.in (unless content is specifically made for redistribution).

Certain areas of this Website are restricted from being access by you and elementFX Digital Agency may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant elementFX Digital Agency a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. elementFX Digital Agency reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read Privacy Policy.

User Comments

1. This Agreement shall begin on the date hereof.


2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. elementFX Digital Agency does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of elementFX Digital Agency, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws elementFX Digital Agency shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.


3. elementFX Digital Agency reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.


4. You warrant and represent that:
   • - You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
   • - The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
   • - The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
   • - The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.


5. You hereby grant to elementFX Digital Agency a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

1. The following organizations may link to our Web site without prior written approval:
   1. Government agencies;
   2. Search engines;
   3. News organizations;
   
   
   4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
   
   
   5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

2. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.


3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
   
   
   1. - commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
   2. - dot.com community sites;
   3. - associations or other groups representing charities, including charity giving sites,
   4. - online directory distributors;
   5. - internet portals;
   6. - accounting, law and consulting firms whose primary clients are businesses; and
   7. - educational institutions and trade associations.

We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b) the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of elementFX Digital Agency and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
(c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@elementfx.in. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

1. - By use of our corporate name; or
2. - By use of the uniform resource locator (Web address) being linked to; or
3. - By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of elementFX Digital Agency's logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

No warranties

This Website is provided "as is," with all faults, and elementFX Digital Agency express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

In no event shall elementFX Digital Agency, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. elementFX Digital Agency, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent elementFX Digital Agency from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

elementFX Digital Agency is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The elementFX Digital Agency is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between elementFX Digital Agency and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of in, and you submit to the non-exclusive jurisdiction of the state and federal courts located in in for the resolution of any disputes.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. - limit or exclude our or your liability for death or personal injury resulting from negligence;
2. - limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. - limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. - exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.