Last updated: 9/16/2020
This Terms of Use Agreement (the "Agreement") constitutes a legally binding agreement between Sustanovo, LLC, a limited liability company organized under the laws of INDIA (“Sustanovo”), and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Sustanovo’s website: [https://sustanovo-1.webflow.io/] (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Sustanovo shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Sustanovo for services rendered shall remain and continue to be an ongoing obligation owed by Client to Sustanovo.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Sustanovo, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Sustanovo and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of India, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Sustanovo’s express prior written permission. Sustanovo reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Sustanovo’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all Reports and Data source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Sustanovo to become the owner of a Project, in whole or in part, rather than Client, Sustanovo irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Sustanovo as examples or as material to be incorporated into a project during the Assessment process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Sustanovo always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Data & Licenses
In the event that any Project incorporates data source files and Licenses that are not owned by Sustanovo and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Data(s)”), Sustanovo will inform Client in writing that one or more Third-Party Data source files and Licenses have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Data source files from the rights-holder(s) of said Third Party Data and Licenses in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Sustanovo has informed Client of the incorporation of Third-Party Data source files as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Data incorporated into a Project.
4. User Representations
By using the Website, Client represents and warrants that:
5. Prohibited Activities
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Sustanovo on behalf of the Client. Further, Client agrees to refrain from the following: