Backyard Drunkard Website
Effective Date: July 19, 2025
Last Updated: July 19, 2025
1. ACCEPTANCE OF TERMS
By accessing or using the Backyard Drunkard website (https://backyarddrunkard.com), you unconditionally agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms in their entirety, you must immediately cease using our website.
2. DEFINITIONS
- “Website” means backyarddrunkard.com and all associated pages, subdomains, and digital properties
- “Company,” “we,” “us,” or “our” means Backyard Drunkard, a business operating under Indian jurisdiction
- “User,” “you,” or “your” means any individual or entity accessing or using the Website
- “Content” means all text, images, videos, audio, graphics, articles, and other materials published on the Website
- “Services” means all features, content, and functionality offered through the Website
3. USE OF THE WEBSITE
3.1 Permitted Use
You may use our Website solely for personal, non-commercial purposes in accordance with these Terms.
3.2 Prohibited Activities
You shall not:
- Use the Website for any unlawful purpose or in violation of applicable laws
- Copy, reproduce, distribute, or create derivative works from our Content
- Use automated systems, bots, or scraping tools to access the Website
- Attempt to gain unauthorized access to any part of the Website or its systems
- Transmit any harmful code, viruses, or malicious software
- Post defamatory, obscene, or inappropriate content
- Violate the intellectual property rights of the Company or third parties
- Engage in any activity that may damage, disable, or impair the Website
- Use the Website in any manner that could interfere with other users’ experience
3.3 Account Termination
We reserve the absolute right to terminate your access immediately without notice for any violation of these Terms.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Company Ownership
All Content, including but not limited to articles, images, videos, graphics, logos, trademarks, and design elements, is the exclusive property of Backyard Drunkard. All rights are reserved.
4.2 No License Granted
No license, right, or interest in any Company Content is granted to you. Your access to the Website does not grant you any ownership rights.
4.3 User Submissions
By submitting any content, comments, or materials to the Website:
- You grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and display your submissions
- You waive all moral rights and rights of attribution
- You represent that you own all rights to the submitted content
- The Company may use your submissions without compensation or attribution
4.4 Copyright Protection
All Content is protected under the Copyright Act, 1957, and other applicable Indian intellectual property laws. Unauthorized use may result in legal action.
5. WEBSITE AVAILABILITY AND MODIFICATIONS
5.1 Service Availability
We make no guarantee regarding Website availability, uptime, or uninterrupted access. The Website may be unavailable due to maintenance, technical issues, or other reasons at our sole discretion.
5.2 Content Modifications
We reserve the right to modify, update, or remove any Content at any time without notice. We are not obligated to maintain any particular Content.
5.3 Website Changes
We may modify, suspend, or discontinue any aspect of the Website at our sole discretion without prior notice or liability.
6. DISCLAIMER OF WARRANTIES
6.1 No Warranties
The Website and all Content are provided strictly on an “as is” and “as available” basis. We expressly disclaim all warranties, whether express, implied, or statutory, including but not limited to:
- Merchantability or fitness for any particular purpose
- Accuracy, completeness, or reliability of Content
- Non-infringement of third-party rights
- Uninterrupted or error-free operation
- Security or absence of harmful components
6.2 Content Accuracy
We make no representations about the accuracy, reliability, or completeness of any Content. Users rely on Content at their own risk.
7. LIMITATION OF LIABILITY
7.1 Exclusion of Liability
To the maximum extent permitted by Indian law, Backyard Drunkard shall not be liable for any:
- Direct, indirect, incidental, consequential, or punitive damages
- Loss of profits, data, business opportunities, or revenue
- Personal injury or property damage
- Damages resulting from Website use or inability to use the Website
- Third-party actions or content
- Technical failures or security breaches
7.2 Maximum Liability Cap
In no event shall the Company take any liability, regardless of any harm. The total responsibility will be solely with the viewers.
7.3 Acknowledgment
You acknowledge that these limitations are reasonable and that you would not enter into this agreement without such limitations.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Backyard Drunkard, its directors, officers, employees, agents, and affiliates from and against all claims, damages, losses, costs, and expenses (including legal fees) arising from:
- Your use or misuse of the Website
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Any content you submit or third-party claims related to your actions
- Your infringement of any intellectual property or other rights
9. THIRD-PARTY CONTENT AND LINKS
9.1 Third-Party Links
The Website may contain links to external websites. These links are provided solely for user convenience, and we do not endorse or control external content.
9.2 No Responsibility
We are not responsible for the availability, content, privacy practices, or policies of linked websites. You access external links at your own risk.
9.3 Sponsored Content
The Website may feature sponsored content, advertisements, or affiliate links. We are not responsible for the accuracy of such content or the quality of advertised products/services.
10. PRIVACY AND DATA COLLECTION
10.1 Data Collection
We may collect personal information in accordance with our Privacy Policy and applicable Indian laws including the Information Technology Act, 2000, and Digital Personal Data Protection Act, 2023.
10.2 Consent
By using the Website, you consent to our data collection and processing practices as outlined in our Privacy Policy.
10.3 Cookies
We use cookies and similar technologies to enhance user experience and analyze website usage.
11. MODIFICATIONS TO TERMS
11.1 Right to Modify
We reserve the exclusive right to modify, amend, or update these Terms at any time without prior notice.
11.2 Effective Date
Modifications become effective immediately upon posting on the Website. Your continued use constitutes acceptance of modified Terms.
11.3 No Obligation to Notify
We are not obligated to notify users of changes beyond posting updated Terms on the Website.
12. TERMINATION
12.1 Immediate Termination
We may terminate your access immediately, with or without cause, without notice, and without liability.
12.2 Survival
All provisions regarding intellectual property, indemnification, disclaimers, and limitations of liability shall survive termination.
12.3 No Refunds
No refunds, credits, or compensation shall be provided for terminated access.
13. COMPLIANCE WITH INDIAN LAWS
13.1 Legal Compliance
Users must comply with all applicable Indian laws, including but not limited to:
- Information Technology Act, 2000
- Indian Penal Code, 1860
- Copyright Act, 1957
- Trade Marks Act, 1999
13.2 Content Standards
All user interactions must comply with Indian cultural values and legal standards.
14. GOVERNING LAW AND JURISDICTION
14.1 Indian Law
These Terms are governed exclusively by Indian law, without regard to conflict of law principles.
14.2 Jurisdiction
All disputes shall be subject to the exclusive jurisdiction of the courts in Dehradun, Uttarakhand, India. You consent to personal jurisdiction in these courts.
14.3 Language
These Terms are drafted in English, which shall be the controlling language for all purposes.
15. DISPUTE RESOLUTION
15.1 Mandatory Arbitration
All disputes must be resolved through binding arbitration under the Arbitration and Conciliation Act, 2015.
15.2 Arbitration Rules
- Single arbitrator appointed by the Company
- Seat of arbitration: Dehradun, Uttarakhand, India
- Language: English
- Costs borne by the losing party
15.3 No Class Actions
You waive any right to participate in class action lawsuits or collective proceedings.
16. FORCE MAJEURE
We shall not be liable for any delay or failure in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, government actions, natural disasters, internet failures, or other unforeseeable events.
17. SEVERABILITY
If any provision of these Terms is deemed invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
18. ENTIRE AGREEMENT
These Terms constitute the complete and exclusive agreement between you and Backyard Drunkard regarding your use of the Website, superseding all prior agreements or understandings.
19. NO WAIVER
Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or our right to enforce it in the future.
20. ASSIGNMENT
You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.
21. CONTACT INFORMATION
For all inquiries regarding these Terms and Conditions:
Email: backyarddrunkard@gmail.com
Document Version: 1.0
Jurisdiction: Republic of India
ACKNOWLEDGMENT: By accessing or using the Backyard Drunkard website, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms and Conditions in their entirety.
