1. INTRODUCTION
This Intellectual Property Policy (“Policy”) governs the ownership, protection, usage, and enforcement of all intellectual property rights associated with the Bourmeg Platform (“Platform”), including but not limited to its technology, content, branding, and user-generated materials.
This Policy forms a legally binding agreement between Bourmeg and all individuals or entities who access, browse, register, or use the Platform in any manner, including but not limited to Clients, Service Providers (Workers), and Visitors (collectively referred to as “Users”).
By accessing or using the Platform, Users expressly acknowledge, agree, and undertake that they shall:
- Fully comply with all applicable intellectual property laws and regulations
- Not infringe, misappropriate, copy, reproduce, distribute, or exploit any intellectual
property belonging to Bourmeg or any third party
- Use the Platform strictly in accordance with the terms set forth in this Policy and other
applicable legal documents of the Platform
Bourmeg operates as a digital intermediary platform that facilitates connections between Clients and Service Providers. While Users may create and upload content, Bourmeg does not claim ownership over User-Generated Content; however, it enforces strict compliance with intellectual property laws to protect all stakeholders.
Users understand and agree that any violation of intellectual property rights, whether intentional or unintentional, may result in strict enforcement actions, including but not limited to content removal, account suspension or termination, forfeiture of earnings, and legal proceedings under applicable laws.
This Policy is designed to:
- Protect the proprietary rights of Bourmeg, including its platform technology, brand
identity, and business systems
- Establish clear rules regarding ownership and usage of User-Generated Content
- Prevent misuse, infringement, and unauthorized exploitation of intellectual property
- Provide a structured framework for reporting, handling, and resolving intellectual
property disputes
This Policy shall be read in conjunction with other legal documents of the Platform, including but not limited to the Terms and Conditions, Privacy Policy, and any additional guidelines or policies issued by Bourmeg from time to time.
Bourmeg reserves the right to interpret, enforce, and take appropriate action under this Policy at its sole discretion, in order to protect its legal rights, platform integrity, and the interests of its Users.
Continued access or use of the Platform constitutes full and unconditional acceptance of this Policy. If a User does not agree with any part of this Policy, they must immediately discontinue use of the Platform.
This Policy is drafted in accordance with applicable laws of India, including the Copyright Act, 1957, the Information Technology Act, 2000, and other relevant intellectual property regulations, and may also align with internationally recognized standards where applicable.
2. PLATFORM OWNERSHIP
All rights, title, and interest in and to the Bourmeg Platform (“Platform”) are and shall remain the exclusive property of Bourmeg and/or its licensors. This includes, without limitation, all intellectual property rights associated with the design, development, operation, and functionality of the Platform.
The Platform and its entire contents are protected under applicable intellectual property laws in India and internationally, including but not limited to copyright, trademark, trade secret, and other proprietary rights.
2.1 Scope of Ownership
Bourmeg’s ownership includes, but is not limited to:
- All software, source code, object code, scripts, algorithms, and backend systems
- Platform architecture, structure, databases, and data organization
- User interface (UI), user experience (UX), layouts, workflows, and design elements
- Logos, trademarks, service marks, trade names, brand identity, and visual assets
- Text, graphics, icons, images, videos, audio, and other media created or owned by Bourmeg
- Business models, operational processes, and platform methodologies
- Any updates, upgrades, modifications, enhancements, or derivative works of the Platform
All such elements are collectively referred to as “Bourmeg Intellectual Property.”
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2.2 No Transfer of Rights
Nothing in this Policy or through the use of the Platform shall be construed as granting Users any ownership rights in the Bourmeg Intellectual Property.
Users are granted only a limited, non-exclusive, non-transferable, revocable license to access and use the Platform strictly for its intended purpose, in accordance with the Platform’s Terms and applicable policies.
No rights are granted to:
- Copy, reproduce, modify, distribute, or create derivative works of the Platform
- Commercially exploit any part of the Platform or its content
- Use Bourmeg’s branding, trademarks, or proprietary assets without prior written permission
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2.3 Protection Under Law
All Bourmeg Intellectual Property is protected under:
- The Copyright Act, 1957 (India)
- The Trade Marks Act, 1999 (India)
- The Information Technology Act, 2000
- Applicable international intellectual property laws and conventions
Any unauthorized use, reproduction, imitation, or distribution of the Platform or its components may result in civil and/or criminal liability under applicable laws.
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2.4 Reservation of Rights
All rights not expressly granted to Users under this Policy are strictly reserved by Bourmeg.
Bourmeg retains full authority to:
- Enforce its intellectual property rights against any infringement or misuse
- Initiate legal proceedings, including claims for damages, injunctions, and recovery of legal
costs
- Issue cease-and-desist notices and take immediate corrective action
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2.5 Feedback and Suggestions
If Users provide feedback, suggestions, ideas, or recommendations regarding the Platform (“Feedback”), such Feedback shall be deemed non-confidential and shall become the exclusive property of Bourmeg.
Bourmeg shall have the unrestricted right to:
- Use, modify, implement, and commercialize such Feedback
- Incorporate Feedback into the Platform without any obligation, compensation, or attribution to
the User
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2.6 Unauthorized Access and Misuse
Any attempt to:
- Gain unauthorized access to the Platform’s systems or data
- Copy or replicate platform features, structure, or business model
- Reverse engineer, decompile, or extract source code
shall be considered a violation of this Policy and may result in immediate legal action.
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2.7 Global Protection
Bourmeg Intellectual Property is protected worldwide. Users agree not to infringe or exploit such rights in any jurisdiction.
Any misuse of the Platform or its intellectual property, whether within India or internationally, shall be subject to strict enforcement actions under applicable laws.
3. TRADEMARKS & BRAND PROTECTION
The name “Bourmeg”, along with its logos, trademarks, service marks, trade names, slogans, domain names, and all associated branding elements (collectively, the “Bourmeg Marks”) are the exclusive property of Bourmeg and/or its licensors. These marks are protected under applicable trademark laws in India and internationally.
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3.1 Ownership of Trademarks
All Bourmeg Marks, whether registered or unregistered, including visual identity elements such as:
- Logos, icons, symbols, and graphical representations
- Brand colors, layouts, and distinctive design elements
- Taglines, slogans, and marketing phrases
are proprietary assets of Bourmeg and are protected against unauthorized use, imitation, or reproduction.
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3.2 Prohibited Uses
Users and third parties are strictly prohibited from:
- Using the Bourmeg name or Marks for commercial or promotional purposes without prior
written consent
- Registering or attempting to register trademarks, business names, domain names, or social
media handles that are identical or confusingly similar to Bourmeg
- Creating, publishing, or distributing content that falsely implies affiliation, partnership,
endorsement, or association with Bourmeg
- Using Bourmeg branding in advertisements, social media promotions, or external platforms
without authorization
- Modifying, altering, or misrepresenting Bourmeg Marks in any manner
Any such unauthorized use shall constitute trademark infringement and may lead to legal action.
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3.3 Impersonation & Misrepresentation
Users must not:
- Represent themselves as Bourmeg or an official representative of Bourmeg
- Create fake profiles, listings, or communications that mislead others into believing they are
associated with Bourmeg
- Use Bourmeg branding in a manner that deceives, confuses, or misleads Clients, Service
Providers, or the public
Bourmeg reserves the right to take immediate action against any form of impersonation or misleading representation, including account suspension and legal proceedings.
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3.4 Brand Usage Permissions
In limited cases, Bourmeg may grant written permission for the use of its branding for specific purposes such as partnerships, promotions, or media coverage.
Such permission shall:
- Be granted on a case-by-case basis
- Be limited, revocable, and non-transferable
- Require strict adherence to brand guidelines provided by Bourmeg
Any use beyond the permitted scope shall be considered a violation of this Policy.
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3.5 Protection Against External Misuse
Unauthorized use of Bourmeg Marks outside the Platform, including but not limited to:
- Social media platforms (Instagram, Facebook, YouTube, etc.)
- Paid advertisements (Google Ads, Meta Ads, etc.)
- Third-party websites or applications
shall be treated as a serious violation. Bourmeg reserves the right to:
- Issue takedown notices to platforms hosting such content
- Initiate legal proceedings for trademark infringement and damages
- Block or restrict access to Users involved in such activities
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3.6 Domain Names & Digital Identity Protection
Users are strictly prohibited from:
- Registering domain names that include “Bourmeg” or any confusingly similar variation
- Creating mobile applications, websites, or digital services using Bourmeg branding
- Using Bourmeg-related keywords in a deceptive or misleading manner for traffic diversion
Such actions may result in domain disputes, legal enforcement, and recovery proceedings under applicable laws.
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3.7 Enforcement & Legal Remedies
Bourmeg actively monitors and enforces its trademark rights. In case of any violation, Bourmeg reserves the right to:
- Issue cease-and-desist notices
- Seek injunctive relief to prevent further misuse
- Claim damages, compensation, and recovery of legal costs
- Take criminal or civil action under applicable laws
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3.8 No License Granted
Nothing in this Policy shall be construed as granting any license, right, or permission to use Bourmeg Marks, except as expressly authorized in writing by Bourmeg.
All rights in and to the Bourmeg Marks are strictly reserved.
4. USER-GENERATED CONTENT (UGC)
The Bourmeg Platform enables Users, including Clients and Service Providers, to create, upload, publish, transmit, and share content such as service listings (gigs), job postings,
images, descriptions, reviews, profile details, communications, and other materials (collectively referred to as “User-Generated Content” or “UGC”).
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4.1 Ownership & Responsibility
Users retain ownership of the original content they create and upload on the Platform. However, by submitting any UGC, Users expressly represent, warrant, and undertake that:
- They are the sole and lawful owner of the content, or have obtained all necessary rights,
licenses, consents, and permissions
- The content does not infringe any copyright, trademark, trade secret, or other intellectual
property rights of any third party
- The content complies with all applicable laws, regulations, and contractual obligations
- The content is accurate, lawful, and not misleading or fraudulent
Users acknowledge and agree that:
- Bourmeg does not verify or guarantee ownership or legality of UGC
- Users are solely and fully responsible for their content
- Any legal consequences arising from UGC shall be borne entirely by the User
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4.2 License Granted to Bourmeg
By uploading or publishing content on the Platform, Users grant Bourmeg a:
- Non-exclusive
- Worldwide
- Royalty-free
- Limited, non-transferable, and revocable license
to:
- Host, store, display, reproduce, and distribute such content
- Use the content strictly for operating, maintaining, and improving the Platform
This license shall automatically terminate upon deletion of the content by the User, except where retention is required for:
- Legal and regulatory compliance
- Dispute resolution and investigation
- Fraud prevention and security purposes
- Internal record-keeping obligations
Bourmeg shall not use User content for external advertisements, promotions, or commercial marketing without explicit consent, and shall not publicly disclose User identity without permission.
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4.3 Content Modification & Technical Use
Users agree that Bourmeg may:
- Format, resize, compress, translate, or adapt content for technical compatibility
- Organize, categorize, and display content to improve user experience
Such modifications shall be limited to technical or operational purposes and shall not materially alter the meaning or intent of the content.
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4.4 Moral Rights Waiver
To the extent permitted under applicable law, Users agree to waive any moral rights (including rights of attribution and integrity) in relation to their content, solely to the extent necessary for technical processing, display, and platform operations.
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4.5 Prohibited Content & Infringement
Users must not upload, publish, or share any content that:
- Is copied or sourced from other platforms (including Fiverr, Urban Company, etc.) without
authorization
- Violates any copyright, trademark, or intellectual property rights
- Contains fake, misleading, or fraudulent service listings or job postings
- Impersonates any individual, brand, or entity
- Misuses third-party brand names or identities
Bourmeg reserves the right to take immediate action, including:
- Removal of such content without prior notice
- Issuance of warnings to the User
- Suspension or permanent termination of accounts in case of repeated violations
- Initiation of legal proceedings where necessary
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4.6 Intermediary Status & Safe Harbor Protection
Bourmeg operates as an intermediary platform under applicable laws and does not actively monitor or pre-screen all User-Generated Content.
Users acknowledge that:
- Bourmeg has no obligation to proactively monitor, verify, or validate UGC
- Failure to detect or remove infringing content does not constitute liability
- Bourmeg shall act upon receiving valid legal notice or upon becoming aware of violations
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4.7 Content Removal & Enforcement
Bourmeg reserves the right, at its sole discretion, to:
- Review, restrict, or remove any content that violates this Policy or applicable laws
- Take action without prior notice in urgent or high-risk situations
- Maintain internal records of removed content for legal and compliance purposes
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4.8 Post-Deletion Policy
Upon deletion of content by the User:
- Bourmeg shall cease using such content for operational purposes
- However, limited copies may be retained where required for legal, compliance, security, or
dispute-related purposes
Deleted content shall not be used for advertising, promotion, or external purposes after removal.
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4.9 Indemnity for User Content
Users agree to indemnify, defend, and hold harmless Bourmeg, its owners, employees, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of:
- User-Generated Content
- Intellectual property violations
- Breach of this Policy
Bourmeg reserves the right to assume exclusive defense and control of any matter subject to indemnification.
5. CONTENT MODERATION RIGHTS
Bourmeg reserves the right to monitor, review, manage, and control content on the Platform to ensure compliance with this Policy, applicable laws, and platform standards.
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5.1 Right to Review and Moderate
Bourmeg may, at its sole discretion:
- Review any User-Generated Content (UGC) at any time
- Monitor activities, listings, and communications on the Platform
- Identify potential violations of intellectual property rights or other policies
However, Users acknowledge that:
- Bourmeg is not obligated to proactively monitor or review all content
- Content moderation may be conducted manually, automatically, or through a combination of
both
- Failure to detect any violation shall not be considered negligence or liability
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5.2 Right to Remove or Restrict Content
Bourmeg reserves the right to take action against any content that:
- Violates this Intellectual Property Policy or other Platform policies
- Infringes intellectual property rights of any party
- Is reported through a valid legal complaint or notice
- Is deemed harmful, misleading, fraudulent, or unlawful
Such actions may include:
- Immediate removal of content
- Restriction of visibility or access
- Temporary blocking of content during investigation
Bourmeg may take such actions without prior notice, especially in urgent or high-risk situations.
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5.3 Warning and Enforcement System
Bourmeg may implement a graduated enforcement system, including:
- Issuance of warnings for first-time or minor violations
- Temporary suspension of content or account for repeated violations
- Permanent termination of accounts for serious or repeated offenses
The nature of action shall depend on:
- Severity of the violation
- Frequency of violations
- Potential legal or reputational risk to the Platform
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5.4 Investigation Rights
Bourmeg reserves the right to:
- Investigate suspected violations of intellectual property rights
- Request additional information, proof of ownership, or documentation from Users
- Temporarily disable or restrict accounts during investigation
Users agree to fully cooperate with such investigations. Failure to cooperate may result in account suspension or termination.
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5.5 Preservation of Evidence
Bourmeg may retain copies of removed or restricted content for:
- Legal and regulatory compliance
- Internal investigation and audit purposes
- Resolution of disputes or claims
Such retained content shall not be publicly displayed but may be used as evidence if required.
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5.6 No Liability for Moderation Actions
Users agree that:
- Bourmeg shall not be held liable for removal, restriction, or modification of content
- Actions taken in good faith to enforce this Policy shall not give rise to any claims against
Bourmeg
- Users waive any claims arising from content moderation decisions made by Bourmeg
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5.7 Platform Discretion
All moderation decisions shall be made at the sole discretion of Bourmeg.
Bourmeg reserves the right to determine:
- What constitutes a violation
- The appropriate level of enforcement
- The timing and manner of action
Such decisions shall be final and binding, subject to applicable laws.
6. COPYRIGHT INFRINGEMENT POLICY (NOTICE, TAKEDOWN & COUNTER-NOTICE)
Bourmeg respects the intellectual property rights of others and expects all Users to do the same. This section establishes the procedure for reporting, handling, and resolving claims of copyright infringement on the Platform.
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6.1 Prohibition of Infringement
Users must not:
- Upload, publish, or distribute content that infringes any copyright or intellectual property rights
- Copy, reproduce, or reuse content from other users or external platforms without authorization
- Use third-party content without valid licenses, permissions, or legal rights
Any such violation may result in strict enforcement actions under this Policy.
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6.2 Filing a Copyright Complaint (Notice)
If any individual or entity (“Complainant”) believes that their copyrighted work has been used on the Platform without authorization, they may submit a formal infringement notice to Bourmeg.
The complaint must include:
- Full name, contact details, and identification of the Complainant
- Clear description of the copyrighted work claimed to be infringed
- Exact URL, listing, or location of the allegedly infringing content on the Platform
- Proof of ownership (such as registration certificate, original files, or supporting documents)
- A declaration stating that the complaint is made in good faith and that the information provided
is accurate
- A statement affirming that the Complainant has the legal authority to act on behalf of the
copyright owner
Incomplete or false complaints may be rejected.
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6.3 Review & Takedown Process
Upon receiving a valid complaint:
- Bourmeg will review the notice within a reasonable timeframe (generally 48–72 hours)
- If the claim appears valid, Bourmeg may:
- Remove or disable access to the allegedly infringing content
- Notify the User who uploaded the content
- Temporarily restrict the User’s account if necessary
Bourmeg reserves the right to act without prior notice in urgent situations.
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6.4 Counter-Notice by User
If a User believes that their content was wrongly removed or does not infringe any rights, they may submit a counter-notice including:
- Their full name and contact details
- Identification of the removed content
- A statement explaining why the content does not infringe copyright
- Supporting evidence or proof of ownership or authorization
- A declaration made in good faith under applicable law
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6.5 Restoration of Content
Upon receiving a valid counter-notice:
- Bourmeg may review the response and supporting evidence
- If the counter-notice is found credible, Bourmeg may restore the content
- Bourmeg may also require the parties to resolve the dispute independently or through legal
channels
Bourmeg is not obligated to restore content if legal risks remain.
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6.6 Repeat Infringer Policy
Users who repeatedly violate copyright laws or this Policy may be subject to:
- Multiple warnings
- Temporary suspension of account
- Permanent termination of account
- Forfeiture of earnings, if applicable
Bourmeg maintains a strict zero-tolerance approach for repeated infringement.
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6.7 False or Misleading Claims
Submitting false, misleading, or fraudulent copyright complaints or counter-notices is strictly prohibited.
Bourmeg reserves the right to:
- Reject such claims
- Suspend or terminate accounts involved in abuse of the complaint system
- Take legal action for damages, including recovery of legal costs
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6.8 Platform Role & Limitation
Users acknowledge that:
- Bourmeg acts as an intermediary and does not adjudicate ownership disputes conclusively
- Bourmeg’s role is limited to facilitating notice-and-takedown procedures
- Final determination of ownership or infringement may require legal proceedings
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6.9 Cooperation with Authorities
Bourmeg reserves the right to:
- Share relevant information with law enforcement authorities or courts when required
- Comply with legal orders, notices, or directives related to intellectual property disputes
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6.10 Contact for IP Complaints
All copyright infringement notices and counter-notices must be sent to:
Email: hel@bourmeg.com
Subject Line: “Copyright Complaint” or “Counter-Notice”
For urgent matters, Users may mark the subject as “IP Urgent”.
7. TRADE SECRETS & CONFIDENTIALITY
Bourmeg’s internal systems, technologies, and business operations constitute valuable proprietary information and trade secrets. This section defines the protection, restrictions, and obligations المتعلقةwith such confidential information.
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7.1 Definition of Confidential Information
For the purpose of this Policy, “Confidential Information” and “Trade Secrets” include, but are not limited to:
- Algorithms, matching systems, and recommendation engines
- Source code, backend systems, APIs, and technical architecture
- Databases, data structures, and data organization methods
- Business models, pricing strategies, revenue mechanisms, and operational workflows
- Product roadmaps, feature designs, and internal documentation
- Security systems, risk controls, and fraud detection mechanisms
- Any non-public information related to the Platform’s functioning
Such information may exist in written, digital, visual, or verbal form and shall remain the exclusive property of Bourmeg.
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7.2 Obligation of Confidentiality
Users agree that they shall:
- Not access, attempt to access, or obtain Confidential Information without authorization
- Not disclose, publish, share, or transfer any Confidential Information to third parties
- Not use such information for personal gain or competitive advantage
- Maintain strict confidentiality even after termination of their use of the Platform
These obligations apply indefinitely unless such information becomes publicly available through lawful means.
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7.3 Prohibited Activities
Users are strictly prohibited from:
- Reverse engineering, decompiling, or disassembling any part of the Platform
- Attempting to discover source code, algorithms, or system architecture
- Bypassing or attempting to bypass security measures or access controls
- Extracting or harvesting data to build competing products or services
- Using automated tools, bots, or scripts to analyze or replicate platform behavior
Any such actions shall be considered a serious violation of this Policy and applicable laws.
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7.4 Protection Against Competitive Misuse
Users shall not:
- Use any knowledge gained from the Platform to create, develop, or operate a competing
platform
- Replicate or imitate Bourmeg’s business model, structure, or functionalities
- Assist any third party in developing competing services using Bourmeg’s Confidential
Information
Bourmeg reserves the right to take strict legal action against any such misuse.
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7.5 Data Security & Access Restrictions
Access to certain parts of the Platform may be restricted or controlled.
Users agree that they shall:
- Not attempt to gain unauthorized access to restricted systems or data
- Not interfere with the security, integrity, or performance of the Platform
- Immediately report any suspected security vulnerabilities or unauthorized access
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7.6 Survival of Obligations
All confidentiality and trade secret obligations under this section shall:
- Survive termination of the User’s account or use of the Platform
- Continue indefinitely, to the extent permitted by law
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7.7 Enforcement & Remedies
In case of any breach of this section, Bourmeg reserves the right to:
- Immediately suspend or terminate User accounts
- Seek injunctive relief to prevent further disclosure or misuse
- Initiate civil and/or criminal legal proceedings
- Recover damages, losses, and legal costs arising from such breach
Users acknowledge that breach of confidentiality may cause irreparable harm to Bourmeg, for which monetary damages alone may not be sufficient.
8. RESTRICTIONS ON USE
Users are granted a limited right to access and use the Bourmeg Platform strictly in accordance with this Policy and applicable laws. Any use beyond the permitted scope is strictly prohibited.
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8.1 General Restrictions
Users shall not, directly or indirectly:
- Copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any
part of the Platform or its content without prior written permission from Bourmeg
- Modify, adapt, translate, or create derivative works based on the Platform or its content
- Use the Platform for any unlawful, fraudulent, or unauthorized purpose
- Misuse the Platform in a manner that violates intellectual property rights or applicable laws
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8.2 Reverse Engineering & Technical Misuse
Users are strictly prohibited from:
- Reverse engineering, decompiling, disassembling, or attempting to derive the source code of
the Platform
- Analyzing, scanning, or testing the Platform for vulnerabilities without authorization
- Circumventing or attempting to bypass security measures, authentication systems, or access
controls
- Interfering with or disrupting the integrity or performance of the Platform
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8.3 Data Extraction & Scraping
Users shall not:
- Use any automated tools, bots, crawlers, scrapers, or similar technologies to access, collect,
or extract data from the Platform
- Systematically download, copy, or store Platform data to create databases or datasets
- Use Platform data for machine learning, artificial intelligence training, or analytics without
authorization
- Resell, redistribute, or commercially exploit any data obtained from the Platform
Any unauthorized data extraction or scraping shall be treated as a serious violation and may result in immediate legal action.
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8.4 Creation of Competing Services
Users must not:
- Use the Platform, its content, or any Confidential Information to build, develop, or operate a
competing product or service
- Replicate or imitate the Platform’s structure, features, workflows, or business model
- Assist any third party in creating competing platforms using information obtained from
Bourmeg
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8.5 Unauthorized Commercial Use
Users shall not:
- Use the Platform or its content for unauthorized commercial purposes
- Monetize, sell, or exploit Platform content or data without explicit permission
- Use Bourmeg’s intellectual property in advertisements, promotions, or business activities
without authorization
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8.6 Abuse of Platform Systems
Users are prohibited from:
- Using bots, scripts, or automated systems to manipulate platform activity
- Generating fake traffic, fake listings, or artificial engagement
- Attempting to overload, spam, or disrupt platform services
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8.7 Consequences of Violation
Violation of this section may result in:
- Immediate suspension or termination of User accounts
- Blocking of access to the Platform
- Removal of content or data associated with the violation
- Legal action, including claims for damages and recovery of legal costs
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8.8 No Implied Rights
Nothing in this Policy grants Users any rights beyond those expressly permitted.
All rights not explicitly granted are strictly reserved by Bourmeg.
9. API & DATA USAGE RESTRICTIONS
This section governs the access, usage, and protection of data and any application programming interfaces (“APIs”) associated with the Bourmeg Platform (“Platform”).
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9.1 No Unauthorized API Access
Users shall not:
- Access or attempt to access any internal or external APIs of the Platform without explicit
authorization
- Use hidden, undocumented, or private APIs
- Bypass or circumvent any technical restrictions designed to control API access
Any unauthorized API usage shall be considered a violation of this Policy.
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9.2 Authorized API Usage (If Provided)
If Bourmeg provides official APIs in the future, such usage shall be subject to:
- Separate API Terms and Conditions issued by Bourmeg
- Access controls, authentication mechanisms, and usage limits
- Compliance with all applicable laws and platform policies
Bourmeg reserves the right to:
- Grant or revoke API access at its sole discretion
- Modify, suspend, or discontinue APIs without prior notice
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9.3 Data Ownership & Restrictions
All data available on or through the Platform, including but not limited to:
- User listings, profiles, and service information
- Platform-generated data, analytics, and metadata
- Aggregated and structured datasets
shall remain the exclusive property of Bourmeg and/or its Users, as applicable.
Users are granted limited access to such data solely for using the Platform as intended.
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9.4 Prohibited Data Usage
Users shall not:
- Extract, copy, download, or store large portions of Platform data
- Use data for commercial resale, redistribution, or external exploitation
- Compile or create databases, directories, or datasets from Platform data
- Use Platform data for training artificial intelligence or machine learning models
- Use data to compete with, replicate, or undermine the Platform
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9.5 Data Scraping & Automation Ban
The use of automated means to access the Platform is strictly prohibited, including:
- Bots, crawlers, scrapers, or automated scripts
- Data mining or harvesting tools
- Any system designed to extract or analyze data at scale
Such activities may result in:
- Immediate blocking of access
- Account suspension or termination
- Legal action, including claims for damages
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9.6 Security & Integrity
Users must not:
- Interfere with the proper functioning of APIs or data systems
- Introduce malicious code, viruses, or harmful technologies
- Attempt to gain unauthorized access to data or systems
Any breach of security or integrity shall be treated as a serious violation.
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9.7 Monitoring & Enforcement
Bourmeg reserves the right to:
- Monitor API and data usage for compliance
- Detect and prevent unauthorized access or misuse
- Take immediate action against violations, including technical restrictions and legal enforcement
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9.8 Legal Remedies
In case of any breach of this section, Bourmeg reserves the right to:
- Suspend or terminate access without notice
- Seek injunctive relief and damages
- Recover losses, including legal costs and investigation expenses
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9.9 Future Data Policies
Bourmeg may introduce additional policies, guidelines, or agreements related to data usage and APIs in the future.
Continued use of the Platform shall constitute acceptance of such policies.
10. ENFORCEMENT & PENALTIES
Bourmeg maintains a strict enforcement framework to protect its intellectual property rights, platform integrity, and the interests of its Users. Any violation of this Policy shall be subject to appropriate action as determined by Bourmeg.
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10.1 Types of Violations
Violations of this Policy may include, but are not limited to:
- Infringement of copyrights, trademarks, or other intellectual property rights
- Unauthorized use, reproduction, or distribution of Platform content
- Misuse of Bourmeg’s branding, trade secrets, or confidential information
- Data scraping, API abuse, or automated extraction of Platform data
- Submission of false or misleading copyright complaints or counter-notices
- Repeated policy violations despite warnings
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10.2 Graduated Enforcement System
Bourmeg may implement a tiered enforcement approach, depending on the severity and frequency of violations:
- Warning: Issued for minor or first-time violations
- Content Removal: Immediate removal of infringing or non-compliant content
- Temporary Suspension: Restriction of account access for repeated or moderate violations
- Permanent Termination: Irreversible account ban for serious or repeated offenses
Bourmeg reserves the right to bypass warnings and take immediate strict action in high-risk or severe cases.
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10.3 Forfeiture of Earnings
In cases involving fraud, infringement, or serious policy violations, Bourmeg reserves the right to:
- Withhold or forfeit any earnings, payments, or balances associated with the User
- Cancel ongoing transactions or services linked to the violation
Such actions may be taken to prevent unjust enrichment or mitigate damages.
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10.4 Legal Action & Remedies
Bourmeg reserves the right to initiate legal proceedings against any User or third party involved in violations, including but not limited to:
- Filing civil suits for damages, compensation, and losses
- Seeking injunctive relief to prevent ongoing or future violations
- Initiating criminal proceedings where applicable under law
- Recovering legal costs, attorney fees, and enforcement expenses
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10.5 Cost Recovery & Indemnification
Users agree that, in the event of a violation:
- They shall be liable for all damages, losses, and legal costs incurred by Bourmeg
- Bourmeg shall have the right to recover such costs directly from the User
This includes, but is not limited to:
- Legal fees and attorney charges
- Investigation and enforcement costs
- Third-party claims and settlements
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10.6 Cooperation with Authorities
Bourmeg may:
- Share relevant User information with law enforcement agencies or regulatory authorities
- Comply with legal notices, court orders, or government directives
- Assist in investigations related to intellectual property violations
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10.7 Right to Immediate Action
Bourmeg reserves the right to take immediate action without prior notice where:
- There is a high risk of legal liability
- Ongoing infringement or misuse is detected
- Platform integrity or user safety is at risk
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10.8 No Waiver of Rights
Failure by Bourmeg to enforce any provision of this Policy shall not be considered a waiver of its rights.
Bourmeg retains the right to take action at any time for any violation, regardless of delay.
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10.9 Final Authority
All enforcement decisions shall be made at the sole discretion of Bourmeg.
Such decisions shall be final and binding, subject to applicable laws.
11. LIMITATION OF LIABILITY
This section defines the limitations of liability applicable to Bourmeg in relation to intellectual property matters and the use of the Platform.
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11.1 No Responsibility for User-Generated Content
Users acknowledge and agree that:
- Bourmeg does not create, control, or verify User-Generated Content (UGC)
- Bourmeg makes no representations or warranties regarding the legality, originality, or
ownership of any UGC
- Any reliance on User-Generated Content is at the User’s own risk
Bourmeg shall not be held liable for any intellectual property infringement arising from content uploaded or shared by Users.
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11.2 Intermediary Status
Bourmeg operates as an intermediary platform that facilitates connections between Users.
Accordingly:
- Bourmeg does not act as a publisher or owner of User content
- Bourmeg is not responsible for disputes between Users relating to intellectual property
- Bourmeg’s role is limited to providing technological infrastructure and notice-and-takedown
mechanisms
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11.3 No Guarantee of Non-Infringement
Bourmeg does not guarantee that:
- Content available on the Platform is free from infringement claims
- The Platform will be free from unauthorized use by third parties
- All violations will be detected, prevented, or removed in a timely manner
Users accept that the Platform operates on a best-effort basis with respect to enforcement.
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11.4 Limitation of Damages
To the maximum extent permitted by applicable law, Bourmeg shall not be liable for:
- Any indirect, incidental, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Any damages arising out of or related to intellectual property disputes
This limitation applies even if Bourmeg has been advised of the possibility of such damages.
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11.5 Third-Party Actions
Bourmeg shall not be responsible for:
- Misuse, copying, or redistribution of content by third parties
- Unauthorized access or external exploitation of Platform content
- Actions taken by external platforms, advertisers, or partners
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11.6 User Responsibility
Users agree that they are solely responsible for:
- Ensuring that their content complies with intellectual property laws
- Obtaining necessary permissions and licenses
- Defending any claims arising from their content
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11.7 Maximum Liability Cap
To the extent permitted under applicable law, the total liability of Bourmeg, if any, arising out of or in connection with this Policy shall not exceed the amount paid by the User (if any) to Bourmeg for use of the Platform during the preceding period, or a nominal amount as determined under applicable law.
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11.8 Jurisdictional Limitations
Some jurisdictions may not allow certain limitations of liability. In such cases:
- The liability of Bourmeg shall be limited to the maximum extent permitted under applicable law
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11.9 Basis of Agreement
Users acknowledge that:
- The limitations set forth in this section are a fundamental basis of the agreement between the
User and Bourmeg
- The Platform would not be made available without such limitations
12. LEGAL COMPLIANCE
Bourmeg is committed to complying with all applicable laws and regulations related to intellectual property and digital platform operations. This section outlines the legal framework governing this Policy.
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12.1 Applicable Laws (India)
This Policy is governed and interpreted in accordance with the laws of India, including but not limited to:
- The Copyright Act, 1957
- The Trade Marks Act, 1999
- The Information Technology Act, 2000
- The Indian Contract Act, 1872
- Any other applicable intellectual property and digital laws
Users agree to comply with all such laws while accessing or using the Platform.
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12.2 Intermediary Compliance
Bourmeg operates as an intermediary under applicable provisions of the Information Technology Act, 2000 and relevant rules.
Accordingly:
- Bourmeg provides a platform for Users to interact and share content
- Bourmeg does not initiate, select, or modify user content beyond technical requirements
- Bourmeg acts upon receiving valid legal notices or upon obtaining actual knowledge of
violations
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12.3 User Obligations Under Law
Users agree that they shall:
- Comply with all applicable intellectual property laws and regulations
- Not engage in any activity that violates legal rights of third parties
- Provide accurate and lawful information when required under legal processes
Failure to comply may result in legal consequences in addition to actions taken under this Policy.
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12.4 International Standards (Future Applicability)
While the Platform is currently operated in India, Bourmeg may align its policies with internationally recognized intellectual property standards, including but not limited to:
- Digital Millennium Copyright Act (DMCA) principles (United States)
- World Intellectual Property Organization (WIPO) guidelines
- Other global intellectual property frameworks
Such alignment may be implemented as the Platform expands internationally.
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12.5 Compliance with Legal Requests
Bourmeg reserves the right to:
- Respond to legal notices, court orders, and government directives
- Disclose User information where required by law
- Cooperate with law enforcement agencies in investigations
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12.6 Updates Due to Legal Changes
Bourmeg may update this Policy to reflect:
- Changes in applicable laws or regulations
- Judicial decisions or legal precedents
- Regulatory requirements or compliance standards
Users are responsible for reviewing the Policy periodically to stay informed.
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12.7 Severability
If any provision of this Policy is found to be invalid, illegal, or unenforceable by a competent authority:
- Such provision shall be modified or removed to the minimum extent necessary
- The remaining provisions shall continue in full force and effect
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12.8 No Conflict with Law
Nothing in this Policy shall be interpreted to:
- Override or conflict with mandatory provisions of applicable law
- Limit rights that cannot be waived under law
In case of any conflict, applicable law shall prevail.
13. GOVERNING LAW & JURISDICTION
This Policy shall be governed by and interpreted in accordance with the laws of India, without regard to its conflict of law principles.
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13.1 Jurisdiction
All disputes, claims, or legal proceedings arising out of or relating to this Policy, the Platform, or any intellectual property matters shall be subject to the exclusive jurisdiction of the competent courts located in Ahmedabad, Gujarat, India.
Users expressly agree to submit to the jurisdiction of such courts and waive any objections regarding venue or inconvenience of forum.
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13.2 Dispute Resolution (Optional Pre-Litigation Step)
Before initiating formal legal proceedings, Bourmeg reserves the right to attempt resolution of disputes through:
- Direct communication with the User
- Internal review and investigation processes
- Negotiation or settlement discussions
Nothing in this section shall prevent Bourmeg from initiating immediate legal action where necessary.
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13.3 Injunctive Relief
Users acknowledge that:
- Any violation of intellectual property rights or confidentiality obligations may cause irreparable
harm to Bourmeg
- Monetary damages alone may not be sufficient remedy
Accordingly, Bourmeg shall have the right to seek injunctive or equitable relief (including restraining orders) from competent courts without the requirement of posting bond or proving actual damages.
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13.4 Cross-Border Violations
In the event of violations occurring outside India:
- Bourmeg reserves the right to initiate legal action in appropriate jurisdictions
- Users agree to cooperate with any cross-border enforcement actions
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13.5 Legal Costs
In the event of any dispute or legal proceeding arising from a violation of this Policy:
- The defaulting party shall be liable to bear all legal costs, including attorney fees, court fees,
and related expenses incurred by Bourmeg
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13.6 Survival
This section shall survive termination of the User’s access to the Platform and shall remain enforceable to the fullest extent permitted by law.
14. PLATFORM LICENSE PROTECTION
This section defines the limited rights granted to Users for accessing and using the Bourmeg Platform and ensures protection of Bourmeg’s intellectual property against unauthorized use.
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14.1 Limited License Grant
Subject to compliance with this Policy and other applicable terms, Bourmeg grants Users a:
- Limited
- Non-exclusive
- Non-transferable
- Non-sublicensable
- Revocable license
to access and use the Platform solely for its intended purpose, i.e., connecting Clients and Service Providers and utilizing platform features as permitted.
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14.2 Scope of Permitted Use
Under this license, Users may:
- Access and browse the Platform
- Create and manage profiles, listings, and job postings
- Engage in lawful interactions and transactions through the Platform
All such use must strictly comply with this Policy and applicable laws.
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14.3 Restrictions on License
The granted license does not allow Users to:
- Copy, reproduce, distribute, or publicly display any part of the Platform outside its intended use
- Modify, adapt, or create derivative works of the Platform
- Sub-license, lease, sell, or commercially exploit access to the Platform
- Use the Platform in any way that violates intellectual property rights or applicable laws
Any use beyond the permitted scope shall be considered unauthorized.
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14.4 Revocation of License
Bourmeg reserves the right to:
- Suspend or revoke the User’s license at any time
- Restrict access to the Platform without prior notice
Such action may be taken in case of:
- Violation of this Policy
- Legal or regulatory requirements
- Risk to platform security or integrity
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14.5 No Implied Rights
Users acknowledge that:
- No rights or licenses are granted other than those expressly stated
- All intellectual property rights remain exclusively with Bourmeg
Any implied rights are expressly excluded.
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14.6 Protection Against Misuse
Any misuse of the Platform beyond the granted license, including unauthorized access, duplication, or exploitation, shall be treated as:
- A breach of this Policy
- A violation of intellectual property laws
Bourmeg reserves the right to take strict enforcement and legal action in such cases.
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14.7 Survival of Restrictions
All restrictions and limitations associated with this license shall:
- Continue even after termination of access to the Platform
- Remain enforceable to the fullest extent permitted by law
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14.8 Enforcement Rights
Bourmeg retains full authority to:
- Monitor compliance with this license
- Take corrective action against violations
- Initiate legal proceedings to protect its rights
15. INDEMNITY
Users agree to indemnify, defend, and hold harmless Bourmeg, its founders, owners, directors, employees, affiliates, partners, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses arising out of or related to the User’s actions on the Platform.
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15.1 Scope of Indemnity
This indemnity shall apply to, without limitation:
- Any User-Generated Content uploaded, published, or shared by the User
- Any infringement or alleged infringement of intellectual property rights
- Violation of this Policy or any other applicable terms of the Platform
- Breach of applicable laws, regulations, or third-party rights
- Misuse of the Platform, including fraudulent or unauthorized activities
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15.2 Legal Costs & Damages
Users agree to bear full responsibility for:
- Legal fees, attorney charges, and court expenses
- Settlement amounts, compensation, and damages awarded
- Costs incurred by Bourmeg in investigating, defending, or resolving claims
Bourmeg reserves the right to recover all such costs directly from the User.
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15.3 Defense Control
Bourmeg reserves the right, at its sole discretion, to:
- Assume exclusive control and defense of any matter subject to indemnification
- Appoint legal counsel of its choice
Users agree to:
- Fully cooperate with Bourmeg in the defense of such claims
- Provide necessary information, documents, and assistance
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15.4 User Obligation to Assist
Users shall:
- Promptly notify Bourmeg of any claims or legal notices received
- Not settle any claim without prior written consent of Bourmeg
- Assist in legal proceedings if required
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15.5 Survival of Indemnity
This indemnity obligation shall:
- Survive termination or suspension of the User’s account
- Continue to remain in effect for any past actions or violations
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15.6 No Limitation
The indemnity obligations under this section are:
- Independent of other provisions of this Policy
- Not limited by any limitation of liability clauses
Users acknowledge that these obligations are essential to protect Bourmeg from legal and financial risks arising from User activities.
16. MODIFICATIONS
Bourmeg reserves the right to modify, update, amend, or replace this Intellectual Property Policy (“Policy”) at any time, at its sole discretion.
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16.1 Right to Update
Bourmeg may update this Policy to reflect:
- Changes in laws, regulations, or legal requirements
- Updates in platform features, services, or business models
- Enhancements in intellectual property protection mechanisms
- Security, compliance, or operational needs
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16.2 Notification of Changes
Bourmeg may notify Users of material changes through:
- Updates on the Platform
- Email notifications (if registered)
- In-app alerts or announcements
However, it shall be the responsibility of Users to periodically review this Policy for any updates.
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16.3 Effective Date
All modifications shall become effective:
- Immediately upon being posted on the Platform, unless otherwise specified
Continued use of the Platform after such updates shall constitute:
- Full acceptance of the revised Policy
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16.4 User Responsibility
Users agree that:
- They are responsible for staying informed about changes to this Policy
- Continued access or use implies agreement to the latest version
If a User does not agree with any modification, they must discontinue use of the Platform.
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16.5 No Prior Notice Requirement
Bourmeg reserves the right to make changes without prior notice, especially where:
- Immediate updates are required for legal compliance
- Security or risk-related issues are identified
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16.6 Version Control
Bourmeg may maintain and display:
- The latest version of this Policy
- The “Last Updated” date for reference
Previous versions may or may not be retained at Bourmeg’s discretion.
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16.7 No Limitation of Rights
Any modification to this Policy shall not:
- Limit or waive Bourmeg’s existing rights
- Affect actions already taken under previous versions
All rights of Bourmeg remain fully reserved.
17. CONTACT INFORMATION
For any questions, concerns, or legal notices related to intellectual property matters, Users may contact Bourmeg using the details provided below.
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17.1 General IP Inquiries
For general queries regarding this Intellectual Property Policy or intellectual property practices on the Platform:
Email: support@bourmeg.com
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17.2 Copyright Complaints & Counter-Notices
For submitting copyright infringement notices or counter-notices under Section 6 of this Policy:
- Users must provide complete and accurate information as specified
- Incomplete submissions may not be processed
Email: support@bourmeg.com
Subject Line: “Copyright Complaint” or “Counter-Notice”
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17.3 Urgent IP Matters
For urgent intellectual property concerns requiring priority attention:
- Users may mark the subject line as: “IP Urgent”
Bourmeg will make reasonable efforts to review such requests on priority, but does not guarantee immediate resolution.
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17.4 Communication Guidelines
Users agree that:
- All communications must be lawful, accurate, and made in good faith
- Misuse of communication channels (including false claims or spam) may result in action under
this Policy
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17.5 Response Time
Bourmeg aims to respond to valid inquiries within a reasonable timeframe. However:
- Response time may vary depending on the complexity of the issue
- Additional information or documentation may be requested for proper review
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17.6 Official Communication Channel
Only communications sent to the above-mentioned email shall be considered valid for intellectual property matters.
Bourmeg shall not be responsible for:
- Requests sent to incorrect or unofficial channels
- Delays caused due to incomplete or inaccurate submissions
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17.7 Record Keeping
Bourmeg reserves the right to:
- Maintain records of all communications for legal, compliance, and operational purposes
- Use such records in dispute resolution or legal proceedings, if required
18. FINAL ACKNOWLEDGEMENT
By accessing, browsing, registering on, or using the Bourmeg Platform (“Platform”) in any manner, Users expressly acknowledge that they have:
- Read, understood, and agreed to this Intellectual Property Policy in its entirety
- Accepted all rights, obligations, restrictions, and conditions set forth herein
- Agreed to comply with all applicable intellectual property laws and regulations
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18.1 Binding Agreement
This Policy constitutes a legally binding agreement between the User and Bourmeg.
Users acknowledge that:
- Their use of the Platform signifies unconditional acceptance of this Policy
- This Policy shall remain enforceable throughout the duration of their use of the Platform and
beyond, where applicable
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18.2 Electronic Acceptance
Users agree that:
- Acceptance of this Policy through electronic means (such as clicking “I Agree”, registering, or
using the Platform) shall be legally valid and enforceable
- Such acceptance shall have the same legal effect as a physical signature
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18.3 Continuous Acceptance
Users further agree that:
- Continued use of the Platform after any updates or modifications constitutes acceptance of the
revised Policy
- It is their responsibility to review the Policy periodically
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18.4 Entire Understanding
This Policy, along with other applicable legal documents of the Platform, represents the complete understanding between the User and Bourmeg regarding intellectual property matters.
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18.5 Survival of Obligations
All provisions which by their nature should survive termination shall continue to remain in effect, including but not limited to:
- Intellectual property rights
- Confidentiality obligations
- Indemnity provisions
- Limitation of liability
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18.6 Legal Enforceability
If any provision of this Policy is found to be invalid or unenforceable:
- The remaining provisions shall continue in full force and effect
- Such invalid provision shall be interpreted to best reflect the original intent
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18.7 Acknowledgement of Consequences
Users acknowledge that:
- Any violation of this Policy may result in strict enforcement actions, including account
suspension, termination, legal proceedings, and financial liability
- Bourmeg reserves all rights to protect its intellectual property and enforce this Policy to the
fullest extent permitted by law
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By continuing to use the Platform, the User confirms full acceptance of this Intellectual Property Policy.