TERMS OF USE
Welcome to Exchange4Media, its mobile site (the �Site�) owned, managed
and operated by Adsert Web Solutions Pvt Ltd
(hereinafter referred to as the
�Company�, �we� or �our�, which
expression shall unless the same be repugnant to the
context or meaning thereof be deemed to mean and
include its affiliates, successors in business and
assigns).
ACCEPTANCE OF TERMS OF USE
Please read the following terms and conditions as
these terms of use (�Terms�)
constitute a legally binding agreement between you and
the Company regarding your browsing, access and use of
the Site and any functionalities, features,
information, contests, services, products offered by
the Company including but not limited to delivery of
specialized content, subscription based services,
content and premium services via the Site, any mobile
or internet connected device or otherwise (the
"Service").
�User�, �you� or �your�: means any person, who
is accessing, using the Site, in any manner
whatsoever, and is of 18 years of age or older,
capable to enter into a legally binding agreement
under the laws of India.
By accessing the Site or Service, you agree to be
bound by these Terms. You hereby represent and warrant
to the Company that you are at least eighteen (18)
years of age or above and are capable of entering,
performing and adhering to these Terms and that you
agree to be bound by the following terms and
conditions. While individuals under the age of 18 may
access and use the site, they shall do so only with
the involvement & guidance of their parents and /
or legal guardians. You agree to register prior
to uploading any content and / or comment and any
other use or Services of this Site and provide your
details including but not limited to complete name,
age, email address, residential address, contact
number.
The Company reserves the right, at its discretion, to
change, modify, add, or remove portions of these Terms
at any time by posting the amended Terms. Please check
these Terms periodically for changes. Your continued
use of the site or Services after the posting of
changes constitutes your binding acceptance of such
changes. In addition, when using any particular
services, you may be subject to any posted guidelines,
rules, product requirements or sometimes additional
terms applicable to such services. All such
guidelines, rules, product requirements or sometimes
additional terms are hereby incorporated by reference
into the Terms.
YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND
BY THE TERMS. BY ACCESSING OR USING ANY WEBSITE OR
SERVICES YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL
AUTHORITY AS PER APPLICABLE LAW (INCLUDING BUT NOT
LIMITED TO AGE REQUIREMENT) TO ACCEPT THE TERMS ON
BEHALF OF YOURSELF AND/OR ANY OTHER PERSON YOU
REPRESENT IN CONNECTION WITH YOUR USE OF THE SITE OR
SERVICES. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE
NOT AUTHORIZED TO USE THE SITE OR SERVICES.
CONTENT OWNERSHIP AND LIMITED LICENSE
Company Content
means Company�s content, including but not
limited to, Company trademarks and logos made
available through the Site and Services, excluding
Third Party Content and User Submissions.
Third Party Content
You may be able to access, review, display or use
third party services, resources, content or
information via the Site or the Services.
User Submissions
�means the text, data, graphics, images, photos, video
or audiovisual content, hypertext links and any other
content that the Company allows its users to uploads,
posts, flips, compiles or otherwise provided to
Company via the Site and Services, as applicable.
Ownership:
The Site, Services and the Company Content are
protected by copyright, trademark and other applicable
laws. Except as expressly provided in these Terms,
Company and its licensors exclusively own all right,
title and interest in and to the Site, Services, and
the Company Content, including all associated
intellectual property rights. You may not remove,
alter or obscure any copyright, trademark, service
mark or other proprietary rights notices incorporated
in or accompanying the Site, Services or Company
Content. Company claims no ownership interest in any
Third-Party Content and expressly disclaims any
liability concerning those materials.
Limited License:
Subject to your compliance with the Terms herein, the
Company hereby grants you a personal, limited,
non-exclusive, non-transferable, freely revocable
license to use the Services for the personal and
non-commercial use only. Except for the foregoing
limited license, no right, title or interest shall be
transferred to you. Content on the Site and/or the
Services is provided to you �AS IS� for your
information and personal use only and may not be used,
copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without
the prior written consent of the respective owners. We
reserve all rights not expressly granted in and to the
Site and/or the Services and the Content. These Terms
do not authorize you to, and you may not, reproduce,
distribute, publicly display, publicly perform,
communicate to the public, make available, create
derivative works of or otherwise use or exploit any
Third-Party Content or User Submissions in violation
of applicable copyright law. Any unauthorized use of
the Contents or the Services will result in
termination of the limited license granted by the
Company and cancellation of your membership. Use of
Site or the Services for any unauthorized purpose may
result in severe civil and criminal penalties. The
Company does not promote, foster or condone the
copying of Content, or any other infringing activity
and the owners of Third-Party Content or User
Submissions may have the right to seek damages against
you for any such violation.
Interactions between Users
You are solely responsible for your interactions
(including any disputes) with other users. You
understand that Company does not in any way screen
Company users. You are solely responsible for, and
will exercise caution, discretion, common sense and
judgment in, using the Site and Services and
disclosing personal information to other Company
users. You agree to take reasonable precautions in all
interactions with other Company users, particularly if
you decide to communicate with Company user offline or
meet them in person. Your use of the Site, Services,
Company Content, and any other content made available
through the Site or Services is at your sole risk and
discretion, and Company hereby disclaims any and all
liability to you or any third party relating thereto.
Company reserves the right to contact Company users,
in compliance with applicable law, in order to
evaluate compliance with the rules and policies in
this Terms You will cooperate fully with Company to
investigate any suspected unlawful, fraudulent or
improper activity via the Services.
By making available any User Submissions through the
Site and Services, you hereby grant to Company and its
users a worldwide, non-exclusive, perpetual,
irrevocable, transferable, assignable, royalty-free
license, with the right to sublicense, to use, copy,
adapt, modify, distribute, publicly display, publicly
perform, transmit, stream, broadcast, make available,
communicate to the public and otherwise use and
exploit such User Submissions through or by means of
the Site and the Services and/or to incorporate it in
other works in any form, media, or technology now
known or later developed throughout the world.
Company does not claim any ownership rights in any
such User Submissions and nothing in these Terms will
be deemed to restrict any rights that you may have to
use any such User Submissions. You hereby acknowledge
and agree that Company shall not be liable for any
Uses of your User Submissions by any third party that
had access to your User Submissions during the period
in which your User Submissions was available on or
through the Services. You acknowledge and agree that
Company reserves the right to not to publish, display
the User Submissions or modify, amend or delete any
User Submissions on the receipt of any complaint, that
the User Submissions are infringing or in violation of
any applicable laws. You acknowledge and agree that
you are solely responsible for all User Submissions
that you make available through the Site or Services.
Accordingly, you represent and warrant that: (a) you
either are the sole and exclusive owner of all User
Submissions that you make available through the Site
or Services or you have all rights, licenses, consents
and releases that are necessary to grant to Company
the rights in such User Submissions, as contemplated
under these Terms; (b) neither the User Submissions
nor your accessing, posting, submission or transmittal
of the User Submissions or Company�s use of the User
Submissions (or any portion thereof) on, through or by
means of the Site and the Services or any other
permitted use will infringe, misappropriate or violate
a third party�s patent, copyright, trademark, trade
secret, moral rights or other intellectual property
rights, or rights of publicity or privacy, or result
in the violation of any applicable law or regulation;
and (c) no payments of any kind shall be due to any
third party, whether a copyright owner or an agent
thereof, for any use made of the User Submissions (or
any portion thereof) on, through or by means of the
Site and the Services.
By using the Site or the Services, you acknowledge the
sole responsibility for and assume all risk arising
from your access to, use of or reliance upon any such
Third-Party Content, or User Submissions and Company
disclaims any liability that you may incur arising
from your access to, use of or reliance upon such
Third-Party Content or User Submissions. You
acknowledge and agree that Company: (a) is not
responsible for the availability or accuracy of such
Third Party Content or User Submissions; (b) has no
liability to you or any third party for any harm,
injuries or losses suffered as a result of your access
to, reliance on or use of such Third Party Content or
User Submissions; (c) does not undertake or assume any
duty to monitor for inappropriate or unlawful content
on third party websites or User Submissions; and (d)
does not make any promises to remove Third Party
Content from being accessed through the Site or the
Services.
THE SERVICE REGISTRATION AND ACCESS TO USE
Registration
To register for the Services, you may be required to
open an account by completing the registration process
(i.e. by providing us with current, complete and
accurate information as prompted by the applicable
registration form). You will also choose a password
and a user name. You are entirely responsible for
maintaining the confidentiality of your password and
account. In particular, as a parent or legal guardian,
you acknowledge and assume sole responsibility to
ensure that content which is meant for mature
audiences (i.e, above the age of majority) is not
accessed by children. Hence, you may not share your
log in credentials with your children. You expressly
agree to absolve the Company of any responsibility /
liability in this regard.
LINKS TO OTHER SITES
The Site or the Services may contain the links or
pointers to other websites but you should not infer or
assume that the Company operates, controls, or is
otherwise connected with these other websites. When
you click on a link within the Site, the Company may
not warn you that you have left the Site and are
subject to the terms and conditions (including privacy
policies) of another website. Please be careful to
read the terms of use and privacy policy of any other
website before you provide any confidential
information or engage in any transactions. You should
not rely on these Terms to govern your use of another
website.
The Company is not responsible for the content or
practices of any other website even if it links to the
Site and even if the website is operated by a company
affiliated or otherwise connected with the Company.
You acknowledge and agree that the Company is not
responsible or liable to you for any content or other
materials hosted and served from any website other
than the Site.
ADVERTISING MATERIAL
Part of the Site or the Services may contain
advertising information or promotion material or other
material submitted to the Company by third parties.
Responsibility for ensuring that material submitted
for inclusion on the Site complies with applicable
international and national law is exclusively on the
party providing the information/material. Your
correspondence or business dealings with, or
participation in promotions of advertisers including
payment and delivery of related goods or services, and
any other terms, conditions, warranties or
representations associated with such dealings, are
solely between you and such advertiser. Before relying
on any advertising material, you should independently
verify its relevance for your purpose, and should
obtain appropriate professional advice. The Company
shall not be responsible nor liable for any loss or
claim that you may have against an advertiser or any
consequential damages arising on account of your
relying on the contents of the advertisement.
COLLECTION AND USE OF PERSONAL INFORMATION
For information about the Company�s policies and
practices regarding the collection and use of your
personally identifiable information, please read
the Privacy Policy as available on the Site.
The Privacy Policy is incorporated by
reference and made part of these Terms. Thus, by
agreeing to these Terms, you agree that your presence
on the Site and use of the Services are governed by
the Company�s Privacy Policy in effect at the time of
your use. The Company reserves the right to disclose
any information that is required to be shared,
disclosed or made available to any governmental,
administrative, regulatory or judicial authority under
any law or regulation applicable to the Company. The
Company can further disclose your name, street
address, city, state, zip code, country, phone number,
email, as it in its sole discretion believes necessary
or appropriate in connection with an investigation of
fraud, intellectual property infringement, piracy, or
other unlawful activity. Company may also share
certain filtered information, i.e. email id or any
other relevant information, to Company's third-party
business partners who may contact you to enable you to
have a better experience on the Site or to avail
certain benefits specially made for you. Company may,
if you so choose, send direct mailers to you at the
address given by you. You have the option to 'opt-out'
of this direct mailer by way of links provided at the
bottom of each mailer. Company respects your privacy
and if you choose to not receive such mailers, Company
will take all steps to remove you from the list.
YOUR OBLIGATIONS
You hereby agree and assure the Company that the Site
and/or the Services shall be used for lawful purposes
only and that you will not violate laws, regulations,
ordinances or other such requirements of any
applicable Central, State or local government or any
other international laws. You specifically agree to
comply with the requirements of the Information
Technology Act, 2000 as also rules, regulations,
guidelines, bye laws and notifications made
thereunder, while on the Site. You further concur that
you shall not:
-
use the Site or the Services in any manner that
could damage, disable, overburden, or impair and not
to undertake any action which is harmful or
potentially harmful to any the Company�s server, or
the network(s), computer systems / resource
connected to any the Company server, or interfere
with any other party�s use and enjoyment of the Site
or the Services;
-
obtain or attempt to obtain any materials or
information through any means not intentionally made
available through the Site/Services;
-
perform any activity which is likely to cause such
harm;
-
carry out any "denial of service" (DoS, DDoS) or any
other harmful attacks on Site or internet service
or;
-
use the Site or the Services for illegal or unlawful
purposes;
-
disrupt, place unreasonable burdens or excessive
loads on, interfere with or attempt to make or
attempt any unauthorized access to Site or any the
Company website or the website of any the Company�s
customer;
-
forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content
transmitted through the Site or the Services;
-
attempt to gain unauthorized access to the Services,
other accounts and computer systems through hacking,
password mining or any other means. You shall not
obtain or attempt to obtain any materials or
information through any means not intentionally made
available through the Site or the Services;
-
incorporate the Site or Services into or retransmit
via, any hardware or software application or make it
available via frames or in-line links unless
expressly permitted by the Company in writing;
-
create, recreate, distribute or advertise an index
of any significant portion of the Site or Services
unless authorized by the Company;
-
use or launch any "robots", "spiders", "offline
readers" etc. or any other automated system, that
accesses the Site or the Services in a manner that
sends numerous automated requests to the Site�s
servers in a given period of time, which a human
cannot reasonably send in the same period by using
conventional web browsing application or tool(s) for
similar purposes;
-
Send or post any unsolicited or unauthorized
advertising, promotional materials, email, junk
mail, spam, chain letters or other form of
solicitation like solicit login information or
access an account belonging to someone else;
-
Use the Site, Services or Company Content for any
commercial purpose or the benefit of any third party
or in any manner not permitted by these Terms of
Use;
-
Impersonate or misrepresent your affiliation with
any person or entity;
-
Encourage or enable any other individual to do any
of the foregoing.
In addition, you are strictly prohibited from creating
derivative works or materials that otherwise are
derived from or based, on the Content in any way,
including montages, mash-ups and similar videos,
wallpaper, desktop themes, greeting cards, and
merchandise, unless it is expressly permitted by the
Company in writing. This prohibition applies even if
you intend to give away the derivative materials free
of charge.
The Site may permit you to post user submissions
including but not limited to reviews of Content
available through the Services, comments on such
Content etc. You understand that these User
Submissions, once posted by you, are visible to all
members since it is a public forum.
More specifically, when you review / rate any Content
available on the Services (as per functionality made
available on the Site), you give the Company express
rights and consent to display your rating / review in
relation to the relevant Content on the Site,
including making it available to other members for
viewing. If you do not want your User Submissions /
reviews / ratings to be shared in a public forum, do
not use these features.
These features may change without notice to you and
the degrees of associated information sharing and
functionality may also change without notice.
The Company is free to use any comments, information,
ideas, concepts, reviews, or techniques or any other
material contained in any communication you may send
to us ("User Feedback"), including
responses to questionnaires or through postings to the
Services / the Site and User Submissions, without
further compensation, acknowledgement or payment to
you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing
products and creating, modifying or improving the
Services. By posting / submitting any User Feedback /
User Submission on the Site, you grant the Company a
perpetual, worldwide, non-exclusive, royalty-free
irrevocable, sub-licensable license and right in such
User Feedback / User Submission to the Company,
including the right to display, use, reproduce or
modify the User Feedback / User Submission in any
media, software or technology of any kind now existing
or developed in the future.
Operators of public search engines have the permission
to use functionalities like spiders to copy materials
from the Site for the sole purpose of creating
publicly available searchable indices of the
materials, but not caches or archives of such
materials. We reserve the right to revoke these
exceptions either generally or in specific cases, in
our sole discretion. You agree not to collect or
harvest any personally identifiable information,
including account names, from the Site, nor to use the
communication systems provided by the Site for any
commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the
Site with respect to its User Submissions.
You shall be financially responsible for your use of
the Services (as well as for use of your account by
others, including without limitation minors living
with you). You undertake to supervise and be
responsible for all usage of minors and access of the
Site under your name or account and absolve the
Company from any liability on this account. You also
warrant that all information supplied by you or
members of your family for using the Services and
accessing the Site, including without limitation your
name, email address, street address, telephone number,
mobile number, credit card number is correct and
accurate. Failure to provide accurate information may
subject you to civil and criminal penalties.
You shall be responsible for obtaining and maintaining
any equipment or ancillary services needed to connect
to, access the Site or otherwise use the Services,
including, without limitation, modems, hardware,
software, and long distance or local telephone
service. You shall be responsible for ensuring that
such equipment or ancillary services are compatible
with the Services.
You agree that the Company may directly or through
third party service providers send information to you
about the various services offered by the Company from
time to time.
You agree that Company will have the right to
investigate and take all appropriate legal action to
prevent, stop or deter violations of any of the above,
including infringement of intellectual property rights
and Site and Services security issues. Company may
involve and cooperate with law enforcement authorities
in prosecuting users who violate these Terms of Use or
the rights of any third party.
You acknowledge that Company has no obligation to
monitor your access to or use of the Site, Services or
Company Content or to review or edit any User
Submissions or Third-Party Materials, but has the
right to do so for the purpose of operating the Site
and Services, to ensure your compliance with these
Terms of Use, or to comply with applicable law or the
order or requirement of a court, administrative agency
or other governmental body. Company reserves the
right, at any time and without prior notice, to remove
or disable access to any Company Content, Third Party
Materials, and any User Submissions, that Company, in
its sole discretion, considers to be in violation of
these Terms or otherwise harmful to the Site or
Services.
PROHIBITED ACTIVITIES
You agree not to host, display, upload, modify,
publish, transmit, update or share any information or
User Submissions which
-
belongs to another person and to which the User does
not have any right to;
-
is grossly harmful, harassing, blasphemous
defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another�s privacy, hateful, or
racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner
whatever;
- harm minors in any way;
-
infringes any patent, trademark, copyright or other
proprietary rights;
- violates any law for the time being in force;
-
deceives or misleads the addressee about the origin
of such messages or communicates any information
which is grossly offensive or menacing in nature;
- impersonate another person;
-
contains software viruses or any other computer
code, files or programs designed to interrupt,
destroy or limit the functionality of any computer
resource;
-
threatens the unity, integrity, defense, security or
sovereignty of India, friendly relations with
foreign states, or public order or causes incitement
to the commission of any cognizable offence or
prevents investigation of any offence or is
insulting any other nation;
-
contain misleading information regarding the origin
of the Content; or
- otherwise contains objectionable content.
You understand and agree that the Company may, but is
not obligated to, review the User Submissions and may
delete or remove it (without notice) in its sole and
absolute discretion, for any reason or without
assigning any reason.
If you are found to be in non-compliance with the laws
and regulations, these terms, or the privacy policy of
the Site, the Company shall have the right
to immediately terminate/block your access and usage
of the Site and the Company shall have the
right to immediately remove any non-compliant Content
and or comment, uploaded by you and shall further have
the right to take recourse to such remedies as
would be available to the Company under the applicable
laws.
TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION
OF THE SERVICE
The Company reserves the right to change, suspend, or
discontinue temporarily or permanently, some or all of
the Services (including the Content and the devices
through which the Services are accessed), with respect
to any or all users, at any time without notice. You
acknowledge that the Company may do so in its sole
discretion. You also agree that the Company will not
be liable to you for any modification, suspension, or
discontinuance of the Services, although if you are a
paid subscriber and the Company suspends or
discontinues the Services, the Company may, in its
sole discretion, provide you with a credit, refund,
discount or other form of consideration (for example,
the Company may credit additional days of service to
your account). However, if the Company terminates your
account or suspends or discontinues your access to the
Services due to your violation of these Terms, then
you will not be eligible for any such credit, refund,
discount or other consideration.
DISCLAIMER OF WARRANTIES AND LIABILITY
You understand and agree that the Company provides the
Services on �as-is� �with all faults� and �as
available� basis. You agree that use of the Site or
the Services is at your risk. All warranties including
without limitation, the implied warranties of
merchantability, fitness for a particular purpose, for
the title and non-infringement are disclaimed and
excluded.
No representations, warranties or guarantees
whatsoever are made by the Company as to the (a)
accuracy, adequacy, reliability, completeness,
suitability or applicability of the information to a
particular situation; (b) that the service will be
uninterrupted, timely, secure, or error-free; (c) the
quality of any services, content, information, or
other material on the Site will meet your expectations
or requirements; (d) any errors in the Site will be
corrected; (e) warranties against infringement of any
third party intellectual property or proprietary
rights; or (f) other warranties relating to
performance, non-performance, or other acts or
omissions of the Company, its officers, directors,
employees, affiliates, agents, licensors, or
suppliers.
The Company does not warrant that any of the software
used and or licensed in connection with the Services
will be compatible with other third-party software or
devices nor does it warrant that operation of the
Services and the associated software will not damage
or disrupt other software or hardware.
The Company, its affiliates, successors, and assigns,
and each of their respective investors, directors,
officers, employees, agents, and suppliers (including
distributors and content licensors) shall not be
liable, at any time for any, direct, indirect,
punitive, incidental, special, consequential, damages
arising out of or in any way connected with the use of
Site or the Services, whether based in contract, tort,
strict liability, or other theory, even if the Company
have been advised of the possibility of damages.
In the event any exclusion contained herein be held to
be invalid for any reason and the Company or any of
its affiliate entities, officers, directors or
employees become liable for loss or damage, then, any
such liability of the Company or any of its affiliate
entities, officers, directors or employees shall be
limited to not exceeding subscription charges paid by
you in the month preceding the date of your claim for
the particular subscription in question chosen by you.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, the
Company, its affiliates, successors, and assigns, and
each of their respective investors, directors,
officers, employees, agents, and suppliers (including
distributors and content licensors) from and against
any losses, claims, damages, liabilities, including
legal fees and expenses, arising out of:
-
any claim due to or arising out of your violation of
these Terms, including but not limited to a claim
arising out of a breach of your representations or
warranties made hereunder;
-
your use or misuse of or access to the Site or the
Services;
-
your violation of any law, regulation or third party
right, including without limitation any copyright,
property, or privacy right; or
-
any claim that you have caused damage to a third
party.
The Company reserves the right, at its own expense, to
employ separate counsel and assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you, and you agree to cooperate
with the Company�s defense of these claims.
Notice of Copyright Infringement:
Our policy is to comply with all Intellectual
Property Laws and to act expeditiously upon receiving
any notice of claimed infringement. If you believe
that any work has been reproduced on the Site in a
manner that constitutes copyright infringement, please
provide a notice of copyright infringement containing
all of the following information:
-
A physical or electronic signature of a person
authorized to act on behalf of the copyright owner
for the purposes of the complaint.
-
Identification of the copyrighted work claimed to
have been infringed.
-
Identification of the material on our Site that is
claimed to be infringing or to be the subject of
infringing activity.
-
The address, telephone number or e-mail address of
the complaining party.
-
A statement that the complaining party has a
good-faith belief that use of the material in the
manner complained of is not authorized by the
copyright owner, its agent or the law.
-
A statement, under penalty of perjury, that the
information in the notice of copyright infringement
is accurate, and that the complaining party is
authorized to act on behalf of the owner of the
right that is allegedly infringed.
GENERAL TERMS
Relationship
None of the provisions of the Terms shall be deemed to
constitute a partnership or agency between you and the
Company and you shall have no authority to bind the
Company in any manner, whatsoever. This agreement is
solely for your and the Company�s benefit and not for
the benefit of any other person, except for permitted
successors and assigns under this Agreement.
Assignment
You may not transfer to anyone else, either
temporarily or permanently, any rights to use the
Services or any part of the Services. Any attempt by
you to do so is void. The Company may assign,
transfer, delegate and/or grant all or any part of its
rights, privileges and properties hereunder to any
person or entity.
Force Majeure
Neither Party shall have any liability for any
interruption or delay, to access the Site due to Force
Majeure Event. For the purposes of this clause, �Force
Majeure Event� means any event or circumstance or
combination of events and circumstances which is
reasonably beyond the control of the party affected
thereby and which causes or results in default or
delay in performance by such affected party of any of
its obligations under this agreement and includes an
act of God, war, hostilities, civil commotion,
strikes, lockouts and other industrial disputes.
Applicable Law
These Terms are governed by and construed in
accordance with, the laws of India without giving
effect to principles of conflict of law. In the event
of any dispute or claim by you against the Company,
you agree to submit to the exclusive jurisdiction of
courts at New Delhi.
Limited Time To Bring Your Claim
You and the Company agree that any cause of action
arising out of or related to use of the Site or the
Services must commence within one (1) year after the
cause of action accrues otherwise, such cause of
action will be permanently barred.
Survival
Rights and obligations under the Terms which by their
nature should survive will remain in full effect after
termination or expiration of the subscription.
Non Waiver
Any express waiver or failure to exercise promptly any
right under this agreement will not create a
continuing waiver or any expectation of
non-enforcement.
Entire Agreement
These Terms constitute the entire agreement between
the parties with respect to the subject matter hereof
and supersedes and replaces all prior or
contemporaneous understandings or agreements, written
or oral, regarding such subject matter.