THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between WEBCLAM, LLC, a limited liability company organized under the laws of the state of Maryland (“WebClam”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of WebClam’s website: https://www.webclam.com/ (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 WebClam shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay WebClam for services rendered shall remain and continue to be an ongoing obligation owed by Client to WebClam.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of WebClam 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 WebClam and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, 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 WebClam’s express prior written permission. WebClam reserves all rights in the Website, Content and Marks.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by WebClam and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), WebClam will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts 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 WebClam has informed Client of the incorporation of Third-Party Fonts 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 Fonts incorporated into a Project.

4. User Commitments

When engaging with the Website, you affirm that you possess the legal authority to agree to these Terms of Use; you are of legal age in your place of residence; you will not manipulate the Website through automated or non-human methods; you will refrain from utilizing the Website for illicit or unauthorized activities; and your interaction with the Website will adhere to all relevant laws and regulations.

5. Restricted Actions

You are obligated to use the Website solely for its intended purposes. The Website is not to be leveraged for any commercial activities except as directly related to the services provided by WebClam for you. Additionally, you agree not to: Engage in any form of unauthorized Website utilization; Extract data or content to assemble a database or directory without permission; Tamper with, disable, or interfere with Website security features; Partake in unauthorized Website framing or linking; Deceive, defraud, or mislead WebClam or its users; Overburden, disrupt, or interfere with the Website or the networks and servers of WebClam; Employ the Website in competition against WebClam; Decode, decompile, dismantle, or reverse engineer any part of the Website’s software; Override any Website restrictions to access or any of its sections; Intimidate, harass, or threaten WebClam’s staff, contractors, or agents; Remove copyright or rights notices from any Website content; Replicate or modify the Website’s software; Introduce or attempt to introduce viruses, Trojan horses, or disruptive material that could modify, impair, disrupt, alter, or interfere with the Website’s functionality, features, or maintenance; Transmit or attempt to transmit any form of data collection or transmission mechanism; Defame, damage, or otherwise negatively affect WebClam; Utilize the Website in any way that contradicts applicable laws, regulations, or statutes.

6. Client Contributions

Clients acknowledge that any questions, comments, suggestions, or other feedback they provide (collectively, “Contributions”) will become the sole property of WebClam. WebClam is not obligated to treat any Contribution as confidential or take steps to secure its confidentiality. WebClam will own exclusive rights, including all intellectual property rights, to the Contributions and is entitled to the unrestricted use and dissemination of these Contributions for any lawful purpose, without acknowledgment or compensation to the client. Clients confirm they have the authority to make these Contributions and hereby relinquish any claims against WebClam for the use of their Contributions in line with these terms.

7. Website Governance and Supervision

WebClam retains the authority to monitor the Website for breaches of these Terms of Use and to initiate legal proceedings in response to any such breaches or any violations of applicable laws or regulations. WebClam also reserves the right to limit or revoke access to the Website or to deactivate a Client’s access without prior notice or liability at its sole discretion. Decisions regarding the operation and oversight of the Website will be made by WebClam to safeguard its rights and properties, ensuring decisions are in WebClam’s best interest.

8. Privacy Policy

By engaging with the Website, the Client consents to adhere to the Privacy Policy, including all terms expressly outlined and integrated herein. The Website’s hosting location is in the United States of America. Accessing the Website from regions such as the EU, Asia, or elsewhere may expose the user to different legal standards regarding data collection, usage, and disclosure than those in the United States. By continuing to use the Website and transferring data to the United States, the Client explicitly agrees to the processing and transfer of their data within the U.S. WebClam does not intentionally gather or solicit data from anyone below the age of 18. In line with the U.S. Children’s Online Privacy Protection Act, should WebClam become aware that a child under 13 has submitted personal information without parental consent, WebClam commits to erasing such information promptly.

9. Returns and Refunds

WebClam maintains the authority to refuse refunds at its discretion, without obligation to notify or be liable to the Client. Requests for refunds are evaluated individually. If a refund is requested within the initial month of service, all content produced by WebClam remains its property, and the Client is forbidden from any form of utilization.

In cases where a refund is granted, a 25% administrative fee will be applied to the unused portion of the bill.

WebClam reserves the right to pursue legal action against the Client for any violations of this clause.

10. Changes to the Website

WebClam reserves the right to make changes, modifications, deletions, or updates to any part of the Website at its sole discretion, without any obligation to provide prior notice. Additionally, WebClam may at any time, without liability to the Client, decide to suspend or cease operation of the Website, either partially or entirely.

11. Service Disruptions

WebClam does not promise continuous, uninterrupted, or flawless access to the Website. Service disruptions, delays, or errors caused by hardware issues, software problems, or other unpredictable factors outside of WebClam’s control may occur. The Client recognizes that WebClam is not liable for any loss, damage, or inconvenience resulting from the inability to access or use the Website during any periods of disruption.

12. Applicable Law

These Terms of Use are subject to and will be interpreted according to the laws of the State , without reference to its conflict of law provisions.

13. Legal Proceedings

Should any legal action arise from or relate to these Terms of Use, the parties agree to initially attempt to resolve the dispute amicably. If unresolved, such action, subject to the mandatory arbitration clause as per Indian law, shall be filed in the competent courts of [Specify City], India, for disputes not amenable to arbitration. By agreeing to these Terms of Use, both parties consent to the jurisdiction of these courts and waive any claim that such courts are an inconvenient forum or lack personal jurisdiction over them. It is hereby clarified that this clause is intended to apply to the extent that disputes are permitted to be brought in courts under applicable law, following the exhaustion of the arbitration remedy outlined under the Arbitration and Conciliation Act, 1996, as amended. Furthermore, these Terms of Use explicitly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable. This inclusion ensures that, in cases where arbitration is not applicable or after arbitration processes as mandated by Indian law, legal proceedings can be initiated in the specified jurisdiction within India, respecting the legal framework for dispute resolution in the country.

“The Website is made available to users on an as-is and as-available basis, without any guarantees or warranties of any kind, either expressed or implied. By accessing and using the Website and its Services, the Client acknowledges that they do so at their own risk. WebClam explicitly disclaims all warranties, including but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. WebClam does not guarantee the accuracy, reliability, completeness, or timeliness of the Website, its content, or the content of any linked sites. Furthermore, WebClam will not be responsible for any errors or omissions in the content, any form of damage (including but not limited to personal injury or property damage), unauthorized access to or use of our secure servers, interruptions in the Website service, or the presence of harmful components such as viruses transmitted through our Website by third parties. WebClam also does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked service, and will not be a party to or in any way monitor any transaction between the Client and third-party providers of products or services.

15. Limitations of Liability and Indemnification

WebClam, along with its directors, employees, members, agents, and independent contractors, shall not be held liable for any form of damages or losses, whether direct, indirect, incidental, consequential, special, or punitive, including but not limited to, loss of profits, revenue, data, or any other financial losses arising from the use of the Website by the Client or any third party. The Client agrees to defend, indemnify, and hold harmless WebClam and its affiliates, along with their respective officers, agents, partners, and employees, from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the Client’s use of the Website, violation of these Terms of Use, breach of any representation or warranty provided herein, or infringement of any third-party rights, including intellectual property rights. In the event of a claim for which the Client is obliged to provide indemnification, WebClam reserves the right to assume the exclusive defense and control of any matter, at the Client’s expense, and the Client agrees to cooperate with WebClam’s defense of these claims.”

16. Responsibility for User Data

Clients are solely accountable for any data they send or that pertains to their use of the Website. WebClam is exempt from liability for any data loss or corruption, and clients forfeit the right to pursue any claims against WebClam for such issues.

17. Consent to Electronic Interactions

Clients engaging with the Website agree to accept electronic communications from WebClam. They recognize that electronic agreements, notifications, disclosures, and other types of communications provided by WebClam are legally valid as if they were provided in print. Clients consent to using electronic means for signatures, contracts, orders, and records, including the receipt of notices, policy documents, and records of transactions made or completed via WebClam or its Website. Furthermore, clients waive any legal rights or obligations in any jurisdiction that demand original signatures, the maintenance of physical records, or the execution of transactions in non-electronic formats.

18. Public Display of Design Projects

WebClam reserves the privilege to display design projects on digital platforms, such as social media and its own website, unless an alternative arrangement is specified. Clients have the option to enter into a Non-Disclosure Agreement (NDA) with WebClam, which would prohibit WebClam from publicly displaying or discussing the client’s projects.

19. Referral Program

Referral tracking and compensation processes are handled via our affiliate partner, Rewardful.com.

20. Comprehensive Agreement

This agreement and all mutual understandings between the Client and WebClam are fully detailed within these Terms of Use and any related policies accessible on or concerning the Website. WebClam’s failure to enforce any specific right or provision outlined in these Terms does not constitute a waiver of such right or provision. In the event that any portion of these Terms is found to be invalid, illegal, or unenforceable, such portion shall be excluded from these Terms without affecting the validity and enforceability of the remaining provisions. It is important to note that nothing within these Terms of Use, the Privacy Policy, or any part of the Website is intended to create a joint venture, partnership, employment, or agency relationship between the Client and WebClam.

20. Reaching Out

Should you have any questions or concerns regarding the Website, WebClam can be contacted via email at: info@webclam.com