TERMS OF SERVICES

The present Terms of Service document is being published in accordance with the provisions of the Information Technology Act, 2000 and other applicable Rules thereunder, including but not limited to the Information Technology (Intermediary Guidelines) Rules, 2011.

Welcome to the Kaphal Studio test website- learn.kaphalstudio.com. The Website is provided to you by Kaphal Studio LLP. The Website hereinafter be collectively referred to as "the Platform". For the purposes of this Terms of Service, accessing of the Platform together with any study material made available or uploaded therein or downloaded, embedded therefrom shall hereinafter be collectively be referred to as the "Services".

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INTRODUCTION

By using or accessing the Platform in any way, including registering on the Platform, using, viewing, sharing, embedding and/or downloading any Services, you agree to be bound by the Terms of Services set forth herein. By accepting these Terms of Services, you also accept and agree to be bound by Kaphal Studio Policies, including but not limited to the Kaphal Studio Privacy Policy and the Kaphal Studio Copyright Policy.

If you do not understand the present Terms of Services or do not agree with/accept any part thereof, you should immediately discontinue using or accessing the Platform. Your use and/or continued use of the Platform, as the case may be, amounts to express consent by you to the terms of this Terms of Services as well as other Kaphal Studio Policies.

ELIGIBILITY

By agreeing to these Terms of Services, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Services. You further represent that

1. You are of sound mind.
2. By agreeing to these Terms of Services, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Services. You further represent that
3. Are not prohibited from entering into a legally binding contract as per applicable laws.

In case the Platform is being accessed, and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Services.

YOUR ACCOUNT

You can become a registered user of the Platform by setting up a password-protected account with us. In order to set up such an account, you will be required to enter the details of your registered email id and password or you may login using the account details of any partner website. By setting up an account, you agree to accept any and all responsibility for any and all activities that occur under your account. By setting up the account, you further agree to the contents of the Privacy Policy.

Kaphal Studio reserves the right and sole discretion to refuse access to the Platform, terminate any account, remove or restrict any content, at any time, with or without notice to you in case we notice any illegal activity on or from account or if we have reason to believe that any information provided by you is untrue, inaccurate, outdated or incomplete.

USER CONTENT

Kaphal Studio provides its users with the option of creating discussion posts on the Platform ("User Content"). When you create such discussions on the Platform you represent and warrant that:

• Your use of the Platform will comply with all applicable laws, rules and regulations.
• The content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The content is not misleading and deceptive and does not offer or disseminating fraudulent goods, services, schemes, or promotions.

Kaphal Studio reserves the right to review such content uploaded by the user and in case any content is found to be a violation of any of the Terms of Services and/or any applicable laws, Kaphal Studio may remove any content from the Platform and/or terminate or suspend the user account in its sole discretion.

RESTRICTION AND TERMINATION OF USE

Kaphal Studio may block, restrict, disable, suspend or terminate your access to all or part of the free Services offered on the Platform, at any time in Kaphal Studio’s sole discretion, without prior notice to you upon Kaphal Studio. Specifically, in case of prolonged inactivity, Kaphal Studio reserves the right to disable, deactivate or terminate a user's account. If an account has been disabled or deactivated for inactivity, the user name associated with that account may be given to another user without notice to you or such other party. If you violate the Terms of Services, Kaphal Studio may at its sole discretion, block, restrict, disable, suspend or terminate the paid Services offered on the Platform.

INTELLECTUAL PROPERTY

The Services, including but not limited to digital content on the website i.e. text, graphics, user interface, images, video interface and software as well as their selection and arrangement, may belong to Kaphal Studio or to its partners who have granted Kaphal Studio the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights" ). Any unauthorized use of the Services may violate such laws and the Terms of Services. Kaphal Studio reserves all its legal rights to prohibit, stop or contain any such violations.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. Kaphal Studio grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.

Use of the Platform or Services for any other purpose other than expressly granted hereunder is expressly prohibited and may result in severe civil and criminal penalties.

In relation to any content submitted, uploaded or generated by you on the Platform, you hereby grant an unconditional, unlimited, perpetual, royalty-free, worldwide license and permission to Kaphal Studio and its affiliates, content sharing partners to display, store, host, publish, digitally reproduce or copy, transmit, communicate, modify, translate, distribute or otherwise make such content available on the Platform or in relation to the Services provided by Kaphal Studio. You agree that such content may continue to be made available on Kaphal Studio despite any termination or suspension of your account, if such content has been shared, stored or embedded by any other user(s). You agree not to hold Kaphal Studio responsible for the aforesaid activities in relation to your content.

ADVERTISEMENTS AND PROMOTIONS

This Platform may run advertisements and promotions from third parties, products and/or services in any manner and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties.

You acknowledge and agree that Kaphal Studio is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such non-Kaphal Studio advertisers on the Platform.

Our links with advertisers should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

LINKS TO THIRD PARTY WEBSITES

The Platform may include links that redirect you to other websites. The Terms of Services do not cover these third party websites. You agree that once you leave our servers, any third party websites that you go to or interact with are at your own risk. Kaphal Studio shall not be held liable for any default, loss of function or any risk or consequence that you may be exposed to as a result of the same.

The platform uses YouTube API Services. By using the platform, you are agreeing to YouTube Terms of Service. (https://www.youtube.com/t/terms)

SPAM E-MAIL AND POSTINGS

In the event your access or use of the Platform and Services is found to be spammy, misleading, malicious, annoying or containing/promoting unsolicited e-mails or network postings, Kaphal Studio reserves its right to obtain immediate injunctive relief against you or against such use by you, in addition to all other remedies available at law or in equity. Kaphal Studio may also opt to block, filter or delete unsolicited emails, messages or postings as per its sole discretion.

INDEMNITY

You agree to indemnify, defend and hold Kaphal Studio and its officers, directors, partners, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from

• Your user content and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Platform (including a third party's use of such user content (e.g. reliance on the accuracy, completeness or usefulness of your user content).
• Your access to or use of the Platform and Services (including any use by your employees, contractors or agents and all uses of your account numbers, usernames and passwords, whether or not actually or expressly authorised by you, in connection with the Platform and Services).
• Your breach of any clause of the ‘Terms of Services’.
• Any allegation that while using any of the software made available on the Platform you infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party and/or any dealings between you and any third parties advertising or promoting or linked via the Platform.
• Your activities in connection with the Platform.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

DISCLAIMER

We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical problems with the Internet or infrastructure failures.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.