Terms of Use

Effective Date: 24.07.2023

Welcome to Xclamatory Digital Web Studio, a leading digital marketing and web development agency (“we,” “our,” or “us”). By accessing or using www.xclamatory.com (the “Website”), you agree to be bound by the following Terms of Use. If you do not agree to these terms, please refrain from using our Website.

1. Use of the Website

1.1. Eligibility: You must be at least 18 years old to use our Website or have the necessary legal authority to enter into these Terms of Use. If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Use.

1.2. Permitted Use: You may use our Website for lawful purposes only and in accordance with these Terms of Use. Any unauthorized use or misuse of the Website is strictly prohibited.

1.3. User Accounts: Some features of the Website may require you to create a user account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

1.4. Availability: We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice. We shall not be liable to you or any third party for any such modifications, suspensions, or discontinuances.

2. Intellectual Property Rights

2.1. Ownership: All content, materials, and intellectual property on the Website, including but not limited to text, images, logos, trademarks, and software, are the exclusive property of Xclamatory Digital Web Studio or its licensors and are protected by copyright and other intellectual property laws.

2.2. Limited License: We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Website for personal or internal business purposes. You may not copy, modify, distribute, sell, or create derivative works based on our content or the Website.

2.3. Trademarks: The trademarks, logos, and service marks displayed on the Website are registered and unregistered marks of Xclamatory Digital Web Studio or third parties. You may not use any of these marks without our prior written consent or the consent of the respective owner.

3. User-Generated Content

3.1. Submissions: If you submit any content to our Website, such as comments, reviews, or user-generated materials, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute the content in any media.

3.2. Responsibility: You are solely responsible for the content you submit to our Website, and you represent and warrant that you have all necessary rights and permissions to do so.

3.3. Monitoring: We may, but have no obligation to, monitor, edit, or remove any user-generated content that we determine, in our sole discretion, violates these Terms of Use or is otherwise inappropriate or harmful.

4. Prohibited Activities

When using our Website, you agree not to engage in the following activities:

4.1. Violating any applicable laws or regulations.

4.2. Interfering with the security, integrity, or performance of the Website.

4.3. Uploading viruses, malware, or any harmful code.

4.4. Attempting to gain unauthorized access to our servers, accounts, or databases.

4.5. Impersonating any person or entity or falsely representing your affiliation with any person or entity.

4.6. Using the Website for any illegal, harmful, or unethical purposes.

5. Third-Party Links

Our Website may contain links to third-party websites or services. We do not endorse, control, or monitor the content or practices of any third-party websites. Your interactions with these third-party websites are at your own risk, and we are not responsible for any damages or losses arising from such interactions.

6. Limitation of Liability

To the maximum extent permitted by law, Xclamatory and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use of the Website or these Terms of Use.

7. Indemnification

You agree to indemnify and hold harmless Xclamatory and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of your breach of these Terms of Use or your use of the Website.

8. Changes to the Terms of Use

We reserve the right to modify or update these Terms of Use at any time. The revised Terms of Use will be effective upon posting on the Website. Your continued use of the Website after any changes constitute your acceptance of the revised Terms of Use.

9. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India (referred to as ‘The Republic of India’ in legal context), without regard to its conflicts of law principles. Any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the courts located in India (referred to as ‘The Republic of India’ in legal context), and you consent to the jurisdiction of such courts.

10. Entire Agreement

These Terms of Use constitute the entire agreement between you and Xclamatory regarding the use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

11. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at contact@xclamatory.com.

By using our Website, you signify your acceptance of these Terms of Use. If you do not agree with these terms, please do not use our Website.