This Agreement sets forth the terms for joining and using the One Billion Minds platform as a Member. This Agreement sets forth the legally binding terms and conditions governing your use of the website at www.onebillionminds.com [Website], and the service owned and operated by One Billion Minds Consulting Private Limited [OBM or One Billion Minds or Company]. By using the Service in any manner, including, but not limited to, visiting or browsing the Website or contributing to content, information, or other materials or services to the Website, you agree to be bound by this Agreement.
Summary of Service
Membership Application Terms and Conditions
You complete and submit an application for membership in the One Billion Minds community and we grant you a temporary non-exclusive license to access and use the platform. By submitting an online application for membership to the One Billion Minds Community, you agree to the terms and conditions of this Agreement and of the Service we describe. OBM reserves the right to reject your application for any reason in our sole discretion. OBM limits the size of its community in order to reach or maintain a balance between the type, number, and size of Projects and the likelihood of any given member posting a winning response while providing its clients with the advantages of mass collaboration and competition. You may not assign or transfer your membership or any part of it to any other person or company. In some instances, you may be asked by OBM to agree to some different terms specifically requested by an individual client for a specific Project. You must agree to all of these and the rest to take part in the Project.
Membership and Privileges
After we receive your membership application, you will be granted privileges to access Project Details and the Project Room for every Project that you participate in and are accepted for. You may use your Project Room to begin working on the specific Project.
Application to Participate in a Project
Each One Billion Minds Project is posed by a One Billion Minds Client [client or Client]. The One Billion Minds Client shortlists winners based on the quality of the full application using a judging system determined by the Client. Only OBM members can submit Proposals in response to Projects posted on this website. To qualify for review by OBM, your Proposal must be submitted on or before the Deadline associated with each posted Project. OBM is under no obligation to forward your Proposal to the Client. We will make reasonable efforts to transmit what we consider to be relevant Proposals to clients, however, nothing in this Agreement or this Service will be construed to require us to transmit every Proposal or any or all of related material to a Client. We may, but are not required to, edit, filter, or review your submission as part of the Project Process. By submitting a Proposal to OBM you are agreeing to provide reasonable assistance to us to facilitate our understanding of your Proposal and to provide additional information concerning your Proposal to OBM at our request.
Acceptance of your Solution
We will inform you if a Client has chosen your Proposal as a winning solution. This means that the client has accepted your submission as meeting the essential criteria, terms, and conditions of the Project Statement posted on this website and is chosen by the client as the winning solution. Acceptance of a winning solution is the sole and exclusive purview and authority of the client. You or other members may have submitted other Proposals, some or all of which may have also met the criteria of the Problem Statement and yet were not selected by the client as the winning solution.
We describe incentives, warranties, confidentiality, termination, liability, indemnification, dispute resolution, and general provisions here.
Warranties and Representation
By using this website(s) and submitting your Proposal, you represent and warrant that you are the owner of all of the intellectual property made the basis of your Proposal and that you are not obligated under any contract, employment agreement or relationship, partnership, or any other relationship or commitment to assign any of your rights to any third party including an employer, university, or governmental body. You warrant that your Proposal does not infringe on any existing patent, copyright, trademark, trade secret or any other third party intellectual property right. You have represented that you are unaware of any pending but unfilled claim or challenge of your ownership or rights to the Proposal you submitted. You also represent that all information provided by you regarding your membership in the OBM Crommunity or as regards the submission of your Proposal is true, accurate, current, and complete. You have agreed to keep your personal information current and to update our files in order to keep our information about you current and true.
During the term of this Agreement and at all times thereafter, you agree to not disclose to any third party any confidential information of which you become aware as a result of the OBM Process without our express, written authorization. Confidential Information includes all information set forth in the password-protected sections of this website(s) and Process and your Proposal (as defined in this Agreement) during the period or at all times thereafter if your Proposal has been accepted as a winning Proposal for a posted Project and a Prize paid to you by the Client.
OBM may terminate your access to the Process or to any or all of your work folders or password-protected sections of this site without any prior notice in its sole discretion. We are under no obligation to notify a client or any third party of our termination of the Process as to you or your use of the website(s). We will not be responsible for any damages or consequences arising from our termination of your use of our website or of the Process. You may terminate this Agreement at any time by notifying us by email of your decision to terminate your membership in the OBM Community. Termination of this Agreement automatically ends your rights and permission to use this site. The rights and obligations of each party to this Agreement to the other party shall be considered terminated upon payment of the Prize or upon notification by OBM that your Proposal(s) has not been accepted by the client which in no event will be longer than twelve months after your submission. You agree that without regard to any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the OBM Process or website or from this Agreement must be filed in a court of proper jurisdiction within one (1) year after the claim or cause accrues or you will be forever barred.
Limitation of Liability
We do not control and are not responsible for the actions of Clients, advertisers, nonprofit implementers, third-party websites linked to ours, visitors to our blog, or users of the Process. We are not responsible for the quality, accuracy, veracity, or legality of the Projects or Prizes posted on our site and we do not guarantee the accuracy or completeness of any posted Project or Prize. We do not guarantee that your use of our website or of the Process will be uninterrupted or error free, nor do we warrant the solutions or Proposals for any particular purpose or that any proposed or suggested impact or outcome will be achieved.
You agree to hold harmless and to indemnify OBM, our agents, employees, officers, and directors against any and all claims for damages, costs, expenses, and liabilities including attorney fees and costs of litigation or defense arising out of or relating to (a) any breach or violation of any term of this Agreement or of the Process by you or others using your name and/or password, and (b) any claim for payment of all or any part of an Award or any other compensation we paid you by your agents, employees, employers, partners, associates, contractors, or sub-contractors.
You understand and agree that you are using our website(s) and the OBM Process at your sole risk. We provide the Process and site without any warranty of any kind, express or implied, including but not limited to any warranty for information, data, services, or uninterrupted access. We disclaim any and all warranties concerning the availability, accuracy, usefulness, or content of information in our Project Statements or Process and of any title, non-infringement, of merchantability, or of fitness for any particular purpose. OBM, its directors, officers, employees, agents, clients , nonprofit implementers, nor its licensors shall be liable to you or to any third party for any compensatory, direct or indirect, incidental, special, or consequential damages arising from your access to or use of the Process or our website or for the inability to gain access to or use the Process or our website. In no event shall our liability under the terms of the Process or of this Agreement exceed the amount of any Award paid to you under the terms of this Agreement. Termination of this Agreement is your sole right and remedy with respect to any dispute with OBM.
Any dispute arising between you and OBM in connection with this Agreement or this Process shall be conducted in English and resolved in and construed under the laws of the Republic of India, without regard to any conflict of law provisions of any jurisdiction. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable Indian law but if any provisions of this Agreement are held to be prohibited or invalid, such provision will be ineffective only to the extent of such prohibition or invalidity and without affect on the remainder of this Agreement or the terms of this Process which shall remain in full force.
We jointly acknowledge and agree that any client shall be a third-party beneficiary of this Agreement and each of us shall have the right to assert and enforce the provisions of this Agreement directly on its own behalf. Nothing herein shall be construed to establish a joint venture, agency, employment, or other business relationship between you and OBM or you and any client. Our failure or that of any client, to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. OBM has the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. We may, at any time, without advance notice and in our sole discretion, modify the various elements, content, and components on this site made a part of this Process and such modification will be effective immediately after being posted on the site.