Referral Terms & Condition

This is an important document which you must consider carefully when choosing whether to use the www.Bhanimation.com website at any time.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BLUE HORSE ANIMATION INDUSTRY OFFERS YOU ACCESS TO OUR SERVICES.

Acceptance of User Agreement

This user agreement ("User Agreement" or "Agreement") is a contract between you and Blue Horse Animation if you are a user of www.Bhanimation.com. The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.

This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and Bhanimation.com as to its subject matter.

If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your Bhanimation.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.

Amendment of User Agreement

Bhanimation.com may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.

1. ELIGIBILITY

Bhanimation.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of Bhanimation.com’s Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us.

2. USERS

The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
Bhanimation.com provides a venue to introduce Users who wish to provide professional services ("Bhanimation") and Users who seek such professional services ("Hirers") (respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.

3. LEGAL RELATIONSHIP BETWEEN YOU AND BHANIMATION.COM

3.1 Termination

Bhanimation.com reserves the right to terminate the participation of any User without reason but expressly including any User that Bhanimation.com judges to be in violation of the User Agreement. Without limiting the foregoing, Bhanimation.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3.2 Relationship between Users

The only parties to a project are the Bhanimation.com and the Hirer. Upon the Hirer awarding a project to a Bhanimation.com and the Bhanimation.com acceptance of a project on the Site, the Hirer agrees to purchase, and the Blue Horse Animation agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Hirer and Employer available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Bhanimation.com and Hirer uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.

You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.

3.3 User Responsibilities

The responsibilities of the Bhanimation.com and Hirer are set out in the Services Agreement between Bhanimation.com and Hirer.

When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.

You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Hirer, or in any other uses you make of the Site.

If another user breaches any obligation to you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Bhanimation.com has no responsibility for enforcing any User rights.

3.4 No Insurance

Bhanimation.com does not offer any form of insurance or other Hirer or Employer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Hirers and Employers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through the Site.

Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.

3.5 Independent Contractors

Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.

3.6 Services offered by Bhanimation.com

Bhanimation.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Animators and to enable Animators too efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.

Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Bhanimation.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

3.7 Terms of use

The User understands and agrees to the following terms:

Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that Bhanimation.com is not involved in the actual transaction between the Employers and Hirers. As a result, Bhanimation.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Animators to provide the services or the Hirers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.

Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that Bhanimation.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Bhanimation.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

Bhanimation.com provides unmonitored access to third-party content. Bhanimation.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Bhanimation.com does not control nor always review the web sites to which we link from the Site. Bhanimation.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site and Users should not treat any link as such an endorsement or acceptance of veracity or value.

Bhanimation.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Bhanimation.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using Bhanimation.com for User's Account.

3.8 Promotion

You agree and acknowledge that unless explicitly requested, Bhanimation.com may display your company name, logo and public description of your projects and profile as part of the Bhanimation.com website(s) and marketing material.

4. FEES

All fees are set forth in the summary of Bhanimation.com's fees and charges which can be found on the Site. All fees will be assessed in Indian Rupees. You’re Account and all transactions are made and displayed in Indian Rupees unless otherwise specified.
Bhanimation.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by Bhanimation.com that are accessible through the Site and to cover expenses and fees Bhanimation.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Bhanimation.com transfers the remaining payment amount to the Animators.
Bhanimation.com charges fees in relation to the posting of a project; selecting a user; posting a featured project; hiding a project from search engines; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site.
Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.

6. MILESTONE PAYMENTS

6.1 Not an escrow service

Bhanimation.com does not operate an escrow service. Bhanimation.com does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to an Animator. At your request, Bhanimation.com will accept an advance payment from a Hirer for a project. We will hold such funds ("Milestone Payments") until the Hirer and the Animator agree that the funds should be released to the Animator or until the Hirer and the Animator have concluded the process of the Dispute Resolution Services (as defined below) Once a Hirer instructs Bhanimation.com to pay an Animator that performed a service for him/her, the Hirer acknowledges that the Animator has completed the service fully and satisfactory.

Bhanimation.com will then disburse the Milestone Payment to the Animator. If a Hirer does not approve of the Animator's work product, the Parties agree to be bound by the terms of the Dispute Resolution Services set out below.

6.2 Inactive Users

In the event that the Hirer has not provided any instruction to Bhanimation.com with respect to a Milestone Payment within 1 year after the day that the Milestone Payment was made, and has not logged in during that time period, such Milestone Payment will be refunded to the User account of the person who initially paid it.

7. ACCOUNTS

7.1 Opening Account

To become a User and access the Site and Services you must register for an "Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

7.2 Accounts

You agree that you will not receive interest or other earnings on the funds that Bhanimation.com handles as your contractor. Bhanimation.com may receive interest on those funds. Bhanimation.com will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in Indian Rupees. Bhanimation.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Bhanimation.com account or face account termination and any other remedies available to Bhanimation.com to recover the funds.

Any User that Bhanimation.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.

Bhanimation.com requires you to make all payments to Bhanimation.com and to make payments to and accept payments from other Users in the purchase and sale of Services for Bhanimation.com projects directly through the mechanisms available on the Site. You understand and agree that Bhanimation.com will not hold funds (including Milestone Payments) delivered to Bhanimation.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of Bhanimation.com in any account, at any institution, or in any other manner Bhanimation.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by Bhanimation.com for general corporate purposes or otherwise, provided that Bhanimation.com will remain contractually obligated to make payment to you, as an Animator or Hirer, for any purchases and sales of Services provided by you through Bhanimation.com. To the extent Bhanimation.com is obligated to make payment to you; you will be an unsecured creditor of Bhanimation.com.

7.3 Acknowledgement

You acknowledge that: (1) Bhanimation.com is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of Bhanimation.com to the User with respect to the purchase and sale of Services through Bhanimation.com; (3) Bhanimation.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute an escrow. By initiating and sending payments through Bhanimation.com, you appoint Bhanimation.com as your agent to obtain the funds and hold and to transfer such funds to the Animator or Hirer for Services, subject to these terms and conditions.

7.4 Inactive Accounts

User Accounts that have been inactive for more than 30 days ("Inactive Accounts") will incur a dormant account fee of 500 Rs. per month until either the Account is terminated or reactivated.

Bhanimation.com reserves the right to cancel Inactive Accounts with a nil or negative balance.

7.5 Chargeback’s

You acknowledge and agree that any chargeback’s (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Hirers through the Site are your responsibility and you will not hold Bhanimation.com liable for such. You agree that Bhanimation.com may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargeback’s, bhanimation.com assesses a 1,000 Rs. fee to Users for credit and debit card payment chargeback’s.

7.6 Insufficient funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees and charges, Bhanimation.com reserves the right to collect any amounts owing to Bhanimation.com by any other legal means.

7.7 Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Bhanimation.com. These taxes will be added to fees billed to you, if applicable.
Please note foreign customers are required to pay an extra 10% goods and services tax on all fees.

8. AVOIDING COMMISSIONS

8.1 Prohibition on negotiation of fee outside of Site

You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of Bhanimation.com) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Service Provider is being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Bhanimation.com if the payment amount increases after the project is closed.

We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance on the Site.

8.2 Email

Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by Bhanimation.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone.

8.3 Providing contact information

You are prohibited from making direct contact with another User, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. Bhanimation.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Fulltime" projects. If a project has the "Fulltime" graphic on it, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.

9. USER CONTENT

9.1 Content

The User is solely responsible for content or any other information the User provides to Bhanimation.com. User understands and agrees to the following:

Bhanimation.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Bhanimation.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Bhanimation.com, harm its business operation or reputation, or cause Bhanimation.com to lose the services of its suppliers.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights

9.2 Grant of License

Subject to clause 9.3 below, by submitting User content to Bhanimation.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to Bhanimation.com). You hereby grant to Bhanimation.com a worldwide, exclusive, sub licensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Bhanimation.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.

9.3 Feedback, Reputation and Reviews

By using the Site, you acknowledge that you transfer copyright of your feedback, reputation and reviews you leave (whether a "Hirer" or "Employer"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by Bhanimation.com ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with Bhanimation.com’s policies as posted on the Site from time to time, without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Animators feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Animator.

Bhanimation.com’s feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your Animator feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by Freelancer.com or its related companies without our written permission.

10. USER RESTRICTIONS

10.1 Advertising

Users are prohibited from advertising a website on the Site. Any URL posted in a Massage board, project description, or the message board, must relate to a project on Bhanimation.com. An example of a permissible URL would be a User's portfolio or resume page.

10.2 Hirer

The Hirer agrees that:

The Hirer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents and support tickets.
The Hirer will not use the Hirer's Account to post false or misleading project descriptions.
The Hirer will not post project descriptions that, in the judgment and discretion of Bhanimation.com, are inappropriate to Bhanimation.com’s audience, viewers, or visitors in the judgment and discretion of Bhanimation.com.
The Hirer agrees to pay featured project fee if project posted should have been posted as featured.
The Hirer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
The Hirer will not falsify the Hirer's own or any other identity.
The Hirer will comply with all of Bhanimation.com‘s policies as posted on the Site from time to time.

10.3 Animators

The Animators agrees that:

The Animator will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents and support tickets.
The Animator will not falsify Animator's own or any other identity.
The Animator will comply with all Bhanimation.com policies as posted on the Site from time to time.

10.4 Prohibited use of Site content

The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

use this Site or its contents for any commercial purpose;
access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Site for any purpose without our express written permission;
"frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization; or
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.

10.5 General restrictions

Users agree that:

Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of Bhanimation.com.
Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
Users will not contact employers or Animators through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not create multiple user Accounts to suspension or bad ratings on the Site.

10.6 Consequences of termination

In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from Bhanimation.com.

Without limiting Bhanimation.com 's other remedies, to the extent you are in violation of this User Agreement, you must pay Bhanimation.com for all fees owed to us and reimburse us for all losses and costs (including any and all Bhanimation.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You and Bhanimation.com agree that the damages that Bhanimation.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Bhanimation.com may fine you up to 50,000 Rs for each such violation and/or Bhanimation.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to 50,000 Rs is presently a reasonable pre-estimate or minimum estimate of Bhanimation.com’s damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Bhanimation.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.

You agree that Bhanimation.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other Bhanimation.com Account owned by you.

Users that are terminated by Bhanimation.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from Bhanimation.com.

In the event of termination, you will have no claim whatsoever against Bhanimation.com in respect of any such suspension or termination of your membership.

11. DISPUTE RESOLUTION SERVICES (valid since 26/06/2009 )

11.1 Dispute resolution services

Bhanimation.com offers the Dispute Resolution Services only to those registered users that have elected to use the Milestone Payment feature. You agree and acknowledge that (i) Bhanimation.com is not providing legal services; (ii) Bhanimation.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Bhanimation.com for any such counsel. You agree to indemnify and hold harmless Bhanimation.com and any of our affiliates against any damages or liability you may suffer as a result of using the Milestone Payments and/or Dispute Resolution Services.

In the event of any dispute between a Hirer and an Animator regarding return/release of Milestone Payments, either Hirer or Animator may request Dispute Resolution Services through Bhanimation.com. We will then notify both Hirer and Animator that the matter will be addressed through the Dispute Resolution Services.

It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers.

Our dispute resolution services are applied to the Milestone Payments with the amount equal to or more than 1,500 Rs only.

11.2 Bhanimation.com not a party to disputes

Any disputes regarding arrangements between Animators and Hirers remain solely between Hirers and Animators. We are not involved in any transactions between you and any other users of Bhanimation.com. You acknowledge and agree that Bhanimation.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release Bhanimation.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA

Your personal information will be processed by Bhanimation.com in order to fulfill the agreement with you, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Bhanimation.com and any associated entity within the Bhanimation.com organization. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Personal Data Protection Act. The consent hereby given can in whole or in part is recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.

Bhanimation.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.

13. COPYRIGHT

13.1 Copyright of Bhanimation.com

The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Bhanimation.com and are protected by Indian and international copyright laws.

13.2 Copyright infringement

It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out below, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

13.3 DMCA Digital Millennium Copyright Act

The Digital Millennium Copyright Act 1998 provides recourse for owners of copyrighted materials who believe that their rights under Indian copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").

As the owner of the Site, we are committed to complying with the DMCA. Upon receipt of a properly filed complaint under the DMCA, we will block access to the allegedly infringing material. We will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them may submit a notice as set out below.

13.4 DMCA Notice

If you believe that your copyrighted works are contained on our system and you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then we want you to know the proper procedure for notifying us. You should send us a written notice which contains the following:

Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
Information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as a physical address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, your agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical signature. You must be a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Together, "Notice".)

The Notice specified above is consistent with the form suggested by the Indian Digital Millennium Copyright Act (the text of which can be found at the Indian Copyright Office Web Site, http://www.copyright.gov.in) but we will respond to notices of this form from other jurisdictions as well.

Your Notice to us should be sent to us via a reliable means to "Legal Department - DMCA Compliance" at the address in our .contact us. Section of the Site. Generally, you should use certified mail or a carrier that provides not only delivery confirmation but that also requires a signature. While you may email us or call us, this does not constitute a proper Notice to us.

In appropriate circumstances, we will terminate the membership of Users that are repeat infringers. If you believe that a User is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the User is a repeat infringer.

Once we receive your Notice we will follow the procedures outlined above and in the Digital Millennium Copyright Act (India).

13.5 Counter-notice

If a Notice has been filed with us against you, the owner will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter-notice with us. If we receive a valid counter-notice, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
We will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter-notice, unless we first receive notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Site.
Please be advised that Indian copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you obtain legal advice.

14. NO WARRANTY

Bhanimation.com is not involved in the actual transaction between Animators and Hirers. Our Services, the Site and all content on it is provided on an .as is. Basis and without warranties of any kind either express or implied. Without limiting the foregoing, Bhanimation.com does not represent or warrant that:

The Site will be accurate, reliable, uninterrupted, secure or error-free;
defects in the Site will be corrected;
The Site or the server that makes it available is free of viruses or other harmful components.

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in India. If you are considered a consumer under an Indian consumer protection law that applies to Bhanimation.com, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws

To the extent that Bhanimation.com are able to limit the remedies available under this User Agreement, Bhanimation.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Bhanimation.com 's sole discretion):

1) In the case of goods, any one or more of the following:

the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and

2) in the case of services:

the supply of the services again; or
The payment of the cost of having the services supplied again.

However, if you are considered a consumer under an Indian consumer protection law that applies to Bhanimation.com, and you use our Services for personal, domestic or household use, the above clause may not apply to you.

15. LIMITATION OF LIABILITY

15.1 Limitation of liability

In no event shall Bhanimation.com, its affiliates or staff be liable, whether in contract, warranty, and tort (including negligence), or any other form of liability, for:

Any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
The limitations on Bhanimation.com. ’s liability to you above shall apply whether or not Bhanimation.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Bhanimation.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 and relevant state fair trading legislation.

15.2 Jurisdiction’s Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

15.3 Bar to action

Bhanimation.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Bhanimation.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.

16. INDEMNITY

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

17. APPLICABLE LAW

Any dispute arising out of or in connection with this User Agreement shall be governed by the Indian laws. You and Bhanimation.com irrevocably submit to the non-exclusive jurisdiction of the Supreme Court of India.

18. GENERAL

The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Bhanimation.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Bhanimation.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

Please contact us to report violations of terms and conditions.

Bhanimation.com Code of Conduct

Bhanimation.com has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Violations of this Code or any policies or procedures will result in disciplinary action, up to and including account termination. Any questions regarding this Code should be addressed to Bhanimation.com Support where we can provide you with additional information regarding the correct procedure(s) to follow and address any concerns you may have.

Personal Behavior
I will:

act ethically and with integrity;
comply with all of Bhanimation.com 's policies
respect the rights of all Users;
not abuse confidential information, or participate in any other illegal practice;
have regard for Users' interests, rights and safety
not harass, bully or discriminate
not falsify my own or any other identity and I will provide true and correct information

Communication
I will:

avoid exaggeration, derogatory remarks, and inappropriate references
not engage in personal attacks, negative or other unfair criticism or other unprofessional conduct

Confidentiality
I will:

respect confidentiality and privacy
not disclose information or documents acquired, other than as required by law or where authorization is given;

Contact
I will not:

Ask employers for their contact details, or attempt to otherwise contact employers outside the system.

Payments
I will not:

use Bhanimation.com to facilitate money exchange

User Content
I am responsible for the content I post on Bhanimation.com and I will not post content that:

infringes upon any copyright or other intellectual property right
violates any law or regulation;
is defamatory;
is obscene or contains child pornography;
includes incomplete, false or inaccurate information about a any person
contains any viruses or programming routines intended to damage any system;
creates liability for Bhanimation.com or harms its business operation or reputation
participate in illegal projects

Spam or Advertising
I will not:

spam or advertise my website or service unless otherwise allowed

Affiliates
I will not:

refer myself for the Affiliate Program
obtain names from mailing lists, group emails, etc to send unsolicited emails ("Spam")

Fraud
I will:

report any breaches
not engage in fraud
not create multiple accounts
not use the Site to transfer funds illegally
not use the Site to generate false feedback

* Please note Foreign customers are required to pay an extra 10% ST on all fees