You must carefully read and understand the Terms of Use before accessing and using the domain name www.nayakproductions.com (hereinafter referred to as "Website"), its various features, and other related services (hereinafter collectively referred to as Services), which are owned and operated by Nayak Productions, LLC.
The terms and conditions (hereinafter referred to as “Terms”) as well as the Privacy Policy, Legal Disclaimer, and all other applicable laws and regulations which may be applicable to specific Services (hereinafter collectively referred to as the “Agreement”) govern your access and use of the Website and Services.
“You” or “Your" includes, but is not limited to, an individual, organization, company, or branch of government. Persons accessing or using the Website or Services on behalf of any such organization, company, or branch of government hereby represents and warrants that they have the authority to legally bind such entity to the obligations and restrictions of these Terms.
By using or accessing the Website or Services, You agree to be bound by these Terms.
The contents and services provided on the Website are the property of Nayak Production, LLC, or its licensors, and Nayak Production, LLC grants You only a limited, non-exclusive, revocable license to make personal and non-commercial use of the platform unless agreed otherwise through a written agreement.
IF YOU DO NOT AGREE TO THE TERMS OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION OR COMPANY TO THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE OR THE SERVICES PROVIDED HEREIN.
Eligibility
Use and access to this Website and Services is available to all persons who can be legally bound by contract, and who have consented to the governance of these Terms. If You are a minor, i.e. under the age of 18 years, You may not access, transact on, or use the Website or Services. As a minor, if You wish to access, transact on, or use the Website or Services, such access, transaction, or use may be made by Your parent or legal guardian on the Website or Services. Nayak Productions, LLC reserves the right to refuse to provide You with access to the Website or Services, if it is discovered that You are under the age of 18 years.
Content of the Website and Services
Nayak Productions, LLC, its licensors and authorized third parties have the sole, exclusive, and unencumbered right, title, and interest in the Services and Website contents. This includes, but is not limited to, text, audio, videos, songs, designs, advertising copy, graphics, logos, photographs, software, interface, compilations, domain names, images, trademarks, trade names, service marks and trade identities, any and all copyrightable materials, as well as the "look and feel" of the Website, and any other form of intellectual property (hereinafter collectively referred to as “Contents”). The Contents of the Website are protected by applicable copyrights. Other proprietary material or information is owned by, or licensed to, Nayak Productions, LLC or other authorized third parties, and it is protected as intellectual property or as otherwise protected by law.
You may not use any of the Contents on the Website or the Services except as expressly set forth in these Terms.
Prohibited Activity
Your use of this platform shall be strictly governed by the following:
You acknowledge and concede that You may not directly or indirectly make unauthorized use of copyright protected materials on the Website. Further, you may not store, publicly perform, reproduce, modify, distribute, create derivative works, send, transmit, publicly display, decompile, reverse engineer, make available, or otherwise communicate to the public any Contents to which you do not hold necessary rights. Such Contents may be subject to proprietary or other rights of third parties, and doing so may constitute an infringement of third party rights. This includes any Intellectual Property Rights.
You may not directly or indirectly alter or modify any part of the Website or Services, nor use the Website or Services for any illegal purpose. You may not directly or indirectly use any robot, spider, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Contents (except as part of standard use or as part of standard search engine activity).
You may not directly or indirectly reformat or frame any portion of any web page that is part of the Website or Services.
You may not deliberately, either directly or indirectly, impersonate another person, whether real or fictional, or otherwise misrepresent your affiliation with a person or entity.
You may not directly or indirectly alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices contained in, or appearing on, the Website, Services, or Contents appearing on the Website or Services. You may not use any Nayak Production, LLC logo or other proprietary graphic or trademark as part of any link without Nayak Production, LLC’s advance express written permission.
You may not directly or indirectly, exchange, download, redistribute, produce, upload, post, remove, alter, reproduce, repurpose, adapt, copy, republish, rent, lease, rearrange, sell, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Contents or Services on the Website. Nor may you otherwise make use of any reverse-engineering, decompile, disassemble, modify, translate, or create derivative works based on the Contents and Services of the Website.
You may not directly or indirectly retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) the Services or the Contents, or any part thereof, without the express prior written consent from Nayak Productions, LLC (except as, and only to the extent that, any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Services).
Third Party Contents
Website and Services may contain or provide access to third party websites that are not owned or controlled by Nayak Productions, LLC. Nayak Productions, LLC is not responsible for any third-party content, services, advertisements, or links that may be contained on the Website. Further, Nayak Productions, LLC is not responsible for any third party contents. This includes, but is not limited to, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, and any third party generated contents, over which Nayak Productions, LLC has no control.
Representations and Warranties
This Website and its Services are provided by the copyright holders and contributors “as is” and on an “as available” basis. Nayak Productions, LLC, its officers, directors, employees, and agents, make no, and hereby disclaim, any express or implied warranties. This includes, but is not limited to, the implied warranties of merchantability and fitness for a particular purpose (collectively “Warranties”).
In no event shall the copyright holders or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages, whether in contract, strict liability, or tort, arising in any way from the use of the Website or Services, even if advised of the possibility of damage. Such damages include, but are not limited to, those arising from procurement of substitute goods or services; loss of use, data, or profits; or business interruption, however caused and on any theory of liability.
Your use of the Website or Services is at Your sole risk. To the fullest extend permitted by law, Nayak Productions, LLC disclaims all warranties, express or implied, in connection with the services and use thereof.
Nayak Productions, LLC makes no representations or guarantees that the Website or Services will be free from any attack, interruption or cessation of transmission to, or of, the Services, unauthorized access to secure servers, any bugs, viruses, Trojan Horses, or the like, which may be transmitted to, or through, our Services by any third party. Further, Nayak Productions, LLC makes no representations or guarantees that the Website or Services will be free of errors or omissions in an content.
Nayak Productions, LLC shall not be liable for any loss or damage of any kind incurred as a result of the use of any Contents posted, emailed, transmitted, or otherwise made available via the Website or Services.
Nayak Productions, LLC does not warrant, endorse, guarantee, nor does it have any control over or assume responsibility for any product or service advertised, or offered by, a third party, or any hyperlinked services or featured in any banner or other advertising. Nayak Productions, LLC will not be a party to, or in any way be responsible for, monitoring any transaction between the user and third-party providers of products or services. Nayak Productions, LLC disclaims any liability relating to the user accessing a product or service advertised or offered by a third party.
Nayak Productions, LLC makes no guarantees, representations, or warranties that any files available for downloading through the Website or Services will be free of viruses or similar contamination or destructive features. You assume all risk as to the quality and performance of the Website or Services and the accuracy and completeness of the Contents. You understand that You may encounter offensive, indecent, or other objectionable content while using the platform and that you may be involuntarily exposed to such offensive and obscene materials. Nayak Productions, LLC does not approve of such unauthorized use, but by using the Website or Services, You acknowledge and agree that we are not responsible for such offensive, indecent, or other objectionable content.
Privacy
Nayak Productions, LLC may collect some of Your personal information and data while accessing, availing, or using the Website or Services. Such collected information is only attributed to the functionality of the Website or Services and for no other purpose whatsoever. Please view our privacy policy for more details.
Disclaimer
THE WEBSITE AND/OR SERVICES AND ALL CONTENTS ACCESSED THROUGH THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.”
Please view our legal disclaimer for more details
Intellectual Property
All right, title, and interest in the Contents (including, but not limited to, all designs, logos, names, text, sound recordings, music, trade dress, photographs, software, interfaces, images, graphics, look and feel of the Website, video and links and all other contents) and Services on the Website, which also includes, but is not limited to, copyright, trademark, patent, or other intellectual properties, are protected under both the laws of the United States and other countries. This applies to Contents and Services in all forms, media, and technologies existing now or hereinafter developed, and which is owned by Nayak Productions, LLC or the respective third parties identified in the Website or Services.
No license or right is granted and Your use of the Services shall not constitute by implication, estoppel, or otherwise, any license or right of use. Contents on the Website or Services shall be accessed and used solely for Your personal, non-commercial use. As such, You shall not reproduce, transmit, republish, upload, post, prepare derivative works, perform, broadcast, adapt, distribute, display, license or alter in whole or in part any of the foregoing in any manner without the express permission from Nayak Productions, LLC.
Indemnity
You agree to indemnify and hold harmless Nayak Productions, LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, suits, legal proceedings and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Website or Services, including any data or content transmitted or received by You; (ii) Your violation of any terms or any act done inconsistent with these Terms, including without limitation to Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) Your violation of any applicable law, rule or regulation; (v) any other party's access and use of the Services with Your username, password or other appropriate security code.
Limitation of Liability
To the maximum extent permitted by applicable law, neither nayak productions, llc, its licensors, suppliers, partners, affiliates, or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or for any other form of damages in any manner arising out of or in connection with these terms or your use of the website, the services, or any content. This is regardless of the form of action or the basis of the claim or whether or not nayak productions, llc has been advised of the possibility of such damages.
Governing Law, Jurisdiction and Dispute Resolution
These Terms shall be governed by and only enforceable under the applicable laws of the United States and the Commonwealth of Massachusetts.
Severability
If any provision of these Terms is held to be unenforceable, the unenforceable provision must be construed as nearly as possible to reflect the original intent of the Parties. Further, the Parties shall resort to replacing it with a legally valid and enforceable provision that replicates the meaning and intent of the original provision. If one provision is unenforceable, all other Terms remain in full force and effect.
Waiver
Failure of any Party to enforce any part of this Agreement at any time shall not be deemed to be a waiver of a right, power, privilege, or remedy. Nor shall it be deemed a waiver to enforce a prior or succeeding breach by either party to this Agreement. A single or partial exercise of any right, power, privilege, or remedy does not preclude any other, or a further, exercise of such right, power, privilege, or remedy provided in this Agreement. All of the rights, powers, privileges, and remedies are several and cumulative, and they are not exclusive of each other or any other rights or remedies otherwise available in law or in equity.
Force Majeure and Act of Third Parties
Nayak Productions, LLC is not liable for any act or failure of performance hereunder that is due to a so-called act of God, accident, fire, civil commotion, riot, a statute or regulation by the state or federal government, or court order that is not within Nayak Productions LLC’s reasonable control. Nor is Nayak Productions, LLC liable for any act or failure to perform, which is due to an act of force majeure.
Nayak Productions, LLC is not liable for an act by a third party that is beyond the control of Nayak Productions, LLC, including, but not limited to, hacking, data theft, unauthorized access to the Website or Services, impersonation, fraud, misrepresentation, and so on.
Modification
Nayak Productions, LLC reserves the right to update, modify, or change any part of these Terms from time to time, without providing any prior written notice. All changes or revisions would become effective immediately upon being posted on the Website. You are encouraged to periodically check this page to stay informed about such changes. If You do not agree to any such changes, You have the discretion to discontinue accessing, availing, or using the Website or Services. Continued access or use of the Website or any of the Services following such changes will indicate your acknowledgement of such changes, and You will be bound by such revised Terms.
Notices
All notices to Nayak Productions, LLC shall be in writing and shall be sent via registered mail to the company.
