Terms & Conditions

Introduction

The following terms and conditions govern all use of the Instascribe.com website by the visitors and users ("Users" or "you") and all content, services and products available at or through the website, including, but not limited to, Instascribe eBook creation app, forums and informational content (taken together, the Website). The Website is owned and operated by Mudranik Technologies Pvt. Ltd., a company incorporated under the Companies Act 1956 and having its registered office at 37, 11^th Cross, Indiranagar 1^st Stage, Bangalore, India ("Company"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Company's Privacy Policy) and procedures that may be published from time to time on this Website by the Company (collectively, the "Agreement").

By using the Website, you warrant and represent that you are of sufficient age under the law of the jurisdiction in which you reside to enter into a binding legal agreement.

Your use of the Website does not give you any authority to act as an agent, legal representative or employee of the Company or of any third party with whom the Company has a relationship, and you agree not to represent that you are otherwise.

Some areas of the Website, including but not limited to the content, products and services provided on or through the Website, may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Webite (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between the Agreement and the rules, license agreement, user agreement or other terms and conditions for a specific area of the Website, the latter shall have precedence with respect to your access and use of that area of the Website.

Intellectual Property

This Agreement does not transfer from the Company to you any Company or third party intellectual property, and all rights, title and interest in and to such property shall remain (as between the parties) solely with the Company.

All content included on the Website, and made available in connection with the products and/or services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its third party content suppliers and is protected by international copyright laws.

All software used on the Webite is the property of the Company or its software suppliers and is protected by international copyright laws.

All of the trademarks, service marks, brand and trade names and logos appearing on the Webite are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.

The Company retains full ownership rights with respect to the products and services including but not limited to design, functionality, and documentation. You may not copy, edit, reverse engineer, re-license, sell or reproduce any part of the products and services.

Acceptable Use

Except as permitted under "books" below, you must not:

• Republish material from the Website in any physical or electronic media or documents (including, but not limited to, republication on another website);
• Sell, rent or sub-license material from the Website;
• Display any material from the Website in public;
• Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
• Edit or otherwise modify any material on the Website;
• Redistribute material from the Website
• Republish or reproduce any part of the Website through the use of iframes or screenscrapers, unless explicitly permitted.
• Use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• Use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• Conduct any systematic or automated data collection activities on or in relation to the Website without the Company's express written consent. This includes:
  • Scraping
  • Data mining
  • Data extraction
  • Data harvesting
  • 'Framing' (iframes)
  • Article 'Spinning'
  • Use the Website or any part of it to transmit or send unsolicited commercial communications.
  • Use the Website for any purposes related to marketing without the express written consent of the Company.
  • Probe, scan, or test the vulnerability of any system or network
  • Breach or otherwise circumvent any security or authentication measures
  • Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • Publish anything that is fraudulent, misleading, or infringes another’s rights;
  • Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • Violate the law in any way, or to violate the privacy of others, or to defame others.

Books

You acknowledge that you alone are responsible for textual and non-textual content ("Books") that you import to, create, store on or access through use of the Website, the Services and/or the Software. Your responsibility for the content and appearance of each Book includes, but is not limited to, its legality, reliability, appropriateness and originality.

Your ability to export the Books created through the use of the Website shall be governed by the plan you have subscribed to. You shall have the right to resell or redistribute the exported files for Books through your own website and/or other channels. You represent and warrant that the any such use of your Books does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. If the exported book file contains an attribution to the Company or the Website in any form, including but not limited to text, web url, image, watermark or any other media, it may not be edited out for reselling and redistribution.

The Company may, without prior notice, terminate or suspend service and/or access to all or any part of the Website or the Service to users whom the Company has in good faith determined have infringed upon the intellectual property rights of others.

Account Security

You are responsible for safeguarding the password that you use to access the Website and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You must immediately notify the Company of any unauthorized uses of your account or any other breaches of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Modifications in the Wesbite

The Company reserves the right to modify, upgrade, suspend and terminate the product, service or content provided by the Website. The Company shall not be liable to you or any third party for any modifications, upgrade, suspension or discontinuation of the Website. The company reserves the right to refuse service to anyone for any reason at any time.

Plan Revision

Price and features included in the plans may be revised when and as deemed necessary by the Company. After the expiry of the already subscribed package or current billing cycle, renewal or new package can be purchased according to the plans prevailing then.

Cancellation of Plans & Refunds

Payments made for paid plans are non-refundable. In case the plan is on auto-renewal, the service can be cancelled from the next billing cycle.

Communication

You may opt-out of the marketing and promotional e-mails from the Company by using the unsubscribe feature. The Company reserves the right to contact you via e-mail or other communication channels for communication deemed essential to your use of the Website.

Support

The medium and scope of support provided by the Company will be governed by the plan you are subscribed to. Though the Company will try to solve a reported problem regarding the use of the Website within a reasonable time, the Company does not guarantee that the problem will be resolved.

Third party content

The Website may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. Any third party links or references are provided solely as a convenience to our users.

The Company:

• Does not control or endorse these third party sites and is not responsible for their content.
• Does not endorse nor assume any liability for any services or products offered by such sites.

Third Party Rights

You may not upload or post to the Website or otherwise use in any way in connection with your use of the Website any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition.

Governing Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of India.

Changes

The Company 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. The Company 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.

Termination

The Company 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, you may simply discontinue using the Website and cancel any services. 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.

Termination shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.

Disclaimer of Warranties

The Website is provided "as is". The Company 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 the Company 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 Liabilities

In no event will the Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Company under this agreement during the three (3) month period prior to the cause of action. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Company's Privacy Policy, with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from India or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.