Terms and Conditions
M/s. Abhi Creations(hereinafter referred to as Company) created a Social media website keeping in view of new generation. The product of this company is HiSelfies and the site of this social media is www.hiselfies.com
The terms and conditions of the company as well as the product of the company are as follows and the users and account holders of hiselfies.com are bound to follow the terms and conditions of the company
The web pages located at Social Media website of hiselfies.com(the "Website") with a free platform for, the posting, syndication of, uploading or linking of User content, sharing of information, communication with other Users, social networking and other features, functions or services on the Site (collectively known as "Service") are provided to users by M/S. Abhi Creations (“COMPANY”)
Unless you agree to the terms and conditions, you must not register with our HiSelfies.com Website, submit any material to our Website or use any of our website services.
You must be at least  years of age to use HiSelfies.com; and by using our Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age.
2. Copyright and Trademarks
Copyright (c) 2014, M/s. Abhi Creations.
Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website; and All the copyright and other intellectual property rights in our Website and the material on our Website are reserved.
All content included on this Website in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, [Every image and design icon, Entire Website content, Data/Graphs generated from user/consumer polls/opinions and reviews, data compilations, and software, is the property of HiSelfies.com or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through any Service or on the Website is the exclusive property of M/S. Abhi Creations and protected by copyright laws. All software used in any Service is the property of M/S. Abhi Creations or its software suppliers and protected by copyright laws.
Some of the characters, branding, logos or images on the Services are also protected as unregistered trademarks, trade names and/or service marks owned by us or others (Trademark). You without Company’s written consent will not use the contents of the website and the copyrights, Trademarks or intellectual property rights of Website or any other information from the website. Without the prior written consent of the Company, modification of the Content, use of the Content on any other web site or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. The Content, copyrights or Trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us or Our affiliates. Further, you (i) agree to refrain from and (ii) are prohibited from registering any domain name which violates the Trademarks of www.hiselfies.com or its content suppliers or which implies or suggests that such domain name is affiliated in any way with hiselfies.com or its content suppliers.
3. Copyright licence
(a) view pages from our Website in a web browser;
(b) download pages from our Website for caching in a web browser;
(c) print pages from our Website for personal non-commercial use only;
(d) [use [our Website services] by means of a web browser,] subject to the other provisions of this Agreement.
(a) view pages from our Website in a web browser;
Except as expressly permitted by the other provisions of this Agreement, you must not download any material from our Website or save any such material to your computer.
You may only use our Website for your own personal use, and you must not use our Website for any other purposes.
Except as expressly permitted by this Agreement, you must not edit or otherwise modify any material on our Website.
Unless you own or control the relevant rights in the material, you must not:
(a) Republish material from our Website (including republication on another Website);
(b) Sell, rent or sub-license material from our Website;
(c) Show any material from our Website in public;
(d) Exploit material from our Website for a commercial purpose; or
(e) Redistribute material from our Website, save to the extent expressly permitted by this notice.
4. Acceptable use
YOU AGREE NOT TO:
(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) use our Website or launch any automated system, including without limitation, "robots," "spiders," "offline readers,”, "Automated voting", etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
(e) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.Notwithstanding the foregoing, hiselfies.com grants the operators of public search engines permission and license to use 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. Website reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. All Website products, contests and services are void where prohibited by law.
5. Report abuse
If you learn of any unlawful material or activity on our Website, or any material or activity that breaches this notice, please let us know.
You can let us know by email or by using our abuse reporting form.
If any content posted by any user is a proprietary product of third party, the same may be notified to ([email protected]) and such content shall be removed within 72 hours after verification by our legal department.
6. Enforcement of copyright
We take the protection of our copyright very seriously.
If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the Website.
8. Registration and Account Protection
You shall be required to register an account with the www.hiselfies.com website (“User Account”), by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure..
Certain information is required for the registration of a User Account with the Website. You will ensure that all such registration information provided by you shall be true/accurate and current as of the time when it is demanded. For certain Services, additional information shall be required to be furnished by you. You will not use false identities or impersonate any other person or use a name that you are not authorized to use..
You must notify us in writing immediately of any breach of security or if you become aware of any unauthorized use of your user account. Although Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Website or others due to such unauthorized use..
You must not use any other person's account to access the Website, unless you have that person's express written permission to do so..
Website users provide their real names and information, and we need your help to keep it that way. Here are some assurances you agree with us relating to registering and maintaining the security of your account while registering the account with our Website:.
(a) You will not provide any false personal information on www.hiselfies.com website, or create a user account for anyone other than yourself without permission.
(b) You will not create more than one personal account.
(c) If we disable your user account, you will not create another one without our permission.
(d) You will not use website if you are under 18.
(e) You will not use Website if you are a convicted sex offender.
(f) You will not upload any content which is proprietary work of any third party who possesses exclusive rights to use such content.
(g) You will keep your contact information accurate and up-to-date.
(h) You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might endanger the security of your user account.
(i) You will not transfer your user account (including any information or application you administer) to anyone without first getting our written permission.
(j) During the registration process unless specifically asked by COMPANY, does not provide the information on: street addresses, telephone numbers, and last names. You may not provide false email addresses, impersonate any person or entity, or/and mislead as to the origin of any User Content
9. Login Name, Password and Security
If you register for a User account with our Website, you will be asked to choose a user ID and password. It shall be your responsibility to ensure the security and confidentiality of the User Account details including the username (Login Name) and password of the User Account (Password).
User Login Name must not be liable to mislead and must comply with the content rules set out in Section 8 of this Agreement; you must not use your account or Login Name for or in connection with the impersonation of any person.
You must keep your Password confidential. Accordingly you shall not disclose your Password to any other person and shall not allow any other person to access and use your User Account. Ensure that you exit/log out from your account at the end of session. You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You agree that you are entirely and solely responsible for any and all activities or actions that occur under your User Account, whether or not you have authorized such activities or actions. You agree to notify us immediately in the event of any unauthorized use of your User Account or any other breach of security.
COMPANY will not be liable for any loss or damage arising from your failure to adhere/comply with this Section.
10. Termination and suspension of account
(a) suspend your account;
(b) cancel / Disable your account; and/or
(c) edit your account details,
at our sole discretion with or without notice or explanation at any time.
You may disable your user account on our Website using your account settings on the Website.
If we feel your Login Name and Password are insecure or otherwise problematic, we may require you to change it and/or terminate your User Account. If any information provided by you is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with the terms of Agreement, We reserve the right to indefinitely suspend or terminate or block access to your User Account on the Website and refuse you access to the Website.
11. User content: Licence
It is your responsibility to choose carefully the content, information, words, messages, text, files, photos, images, videos, sounds, profiles, works of authorship or any other materials you post, link to, upload, publish, display, make available or submit to us or our Website for storage or publication on, processing by, or transmission via, on our Website or through the Service any such content that you provide or make available to other Users (referred as "User Content").
Unless otherwise we indicate, you grant a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, store, display, perform, reproduce, translate, adapt, publish, and distribute such User Content throughout the world via the Service to COMPANY and its affiliates in any existing or future websites. You also grant COMPANY and its affiliates the right to use name that you submit in connection with such User Content. Any kind of payments that may become due to any third parties as the result of you posting of or linking to the User Content and COMPANY's use thereof is your sole responsibility.
You grant to us the right to sub-license the rights licensed under Section 11.2 of this Agreement.
You grant to us the right to bring an action for infringement of the rights licensed under Section
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content without prior notice.
COMPANY, in its sole discretion reserves the right to reject, refuse to post, link to, or remove any User Content, or to restrict, suspend, or terminate your access to all or any part of the Website and/or the Service at any time, with or without any prior notice, for any or no reason and without any liability. COMPANY in no way responsible and assumes no liability for any User Content. COMPANY reserves the right but not obligated to remove or edit User Content or regularly review User Content. COMPANY assumes no responsibility or liability for any information or User Content provided by other Users, which are inaccurate, inappropriate or offensive material, products or services.
12. User content: rules
You warrant and represent that User content will comply with these terms and conditions disclosed in this Agreement.
User content posted by you must NOT be illegal or unlawful, must NOT infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
12.3 Prohibited User Content includes but is not limited to content mentioned below, and the use of User content by us in accordance with these terms and conditions, must NOT:
i. be vilifying or maliciously false, obscene or indecent;
ii. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
iii. Infringe any right of confidence, right of privacy or right under data protection legislation;
iv. constitute negligent advice or contain any negligent statement; incitement to commit a crime or criminal activity;
v. be in contempt of any court, or in breach of any court order; breach of racial or religious hatred or discrimination legislation; breach of official secrets legislation; breach of any contractual obligation owed to any person;
vi. depict violence, in an explicit, graphic or gratuitous manner,
vii. be pornographic, lewd, suggestive or sexually explicit; untrue, false, inaccurate or misleading;
viii. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
ix. constitute spam; be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety to any person.
x. Infringing of intellectual property rights, or otherwise objectionable or injurious to third parties, involves the transmission of unsolicited mass mailing or "spamming", "junk mail", or "chain letters";
xi. contains information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; an illegal or unauthorized copy of a copyrighted work, such as photographs, images and videos in which you do not personally own the copyright (including CDs you may have purchased), or otherwise do not have the necessary authority from the copyright owner(s);
xii. contain computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices;
xiii. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
xiv. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
xv. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
xv. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
COMPANY reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Service and terminating the membership of such violators.
In the event of COMPANY discovering or be informed that you have posted User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner, COMPANY may take all appropriate steps to rectify your noncompliance, including without limitation, disabling your ability to upload User Content to the Service, unless you provide COMPANY with a counter notification of your right to upload such User Content in compliance with our Copyright Policy.
Should COMPANY discover or be informed that you continue to upload User Content for which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner after COMPANY has made reasonable efforts to disable your ability to do so, you will be considered a repeat infringer, and COMPANY will terminate your account and delete all data associated with your account; remove all of the User Content you have uploaded/submitted to the Website; and use its reasonable efforts to prohibit you from signing up for another User account in the future.
In the event of your ability to upload User Content to the Service be disabled and/or your account for the Service be terminated, COMPANY shall take reasonable steps to promptly notify you via the email address available in our records. If you believe that you do have the appropriate rights to post User Content, you can contact us in accordance with our Copyright Policy.
We reserve the right (but are not under an obligation) to remove all such prohibited Content or any Content or part thereof which violates/breaches any of the Terms from the WebSite without any notice to you. If you become involved in any of such prohibited acts as are listed in the Terms, We reserve the right to (i) release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents; and (ii) initiate such civil and/or criminal proceedings against you.
You shall not (a) Download or copy any kind of information from Website for the benefit of any other merchant or use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Website, except with Our express written consent as noted below; (b) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of COMPANY without Our express written consent; and (c) use any meta tags or any other "hidden text" utilizing Website’s or COMPANY’s name or trademarks without the express written consent of COMPANY.
Unauthorized and/or illegal use of the Service, including collecting email addresses, usernames or User Content of other Users by electronic or any other means for illegal purposes are prohibited. Exploitation of the Site, Service or any part thereof for any commercial purpose without the written consent of COMPANY is prohibited. Commercial advertisements affiliate links and other forms of solicitation maybe removed from posts or accounts without any notice and may lead to termination of membership.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," , "Automated voting", etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Any unauthorized use terminates the permission or license granted by COMPANY. We do allow the limited use of robots and crawlers, such as those from certain search engines, with our express written consent. If you are interested in receiving our written permission to use robots or crawlers on our Website, please contact [[email protected]].
The Service is meant only for the personal use of the Users and be used for any other purpose viz. any commercial purpose except those purposes specifically approved by COMPANY from time to time. COMPANY reserves the right to take appropriate legal action and seek damages for any illegal or unauthorized use of the Service.
The license granted to you is a limited, revocable, and non-exclusive right to create a hyperlink to COMPANY so long the link doesn't portray COMPANY, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. The license does not include the use of any COMPANY logo or other proprietary graphic or trademark as part of the link without the written permission. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability.
You represent and warrant that you are competent and eligible to enter into legally binding contracts under and have the requisite authority to bind the other party to these terms in Agreement as per the relevant law applicable to you and under the Laws of India. Persons who are incompetent to enter into legally binding contracts would include persons of unsound mind, minors, undischarged insolvents, etc. You acknowledge and agree that persons who are incompetent to contract are not eligible to use the WebSite and the Services.
13. Right on uploads.
COMPANY does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) submit or make available for inclusion on the Website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the Website, and such ownership is retained by User at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of the Website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to COMPANY as well as COMPANY’s Partners and Sponsors (i) the right to display the Content on the Website, (ii) the right to use the Content to promote the contest(s) or the Content (iii) the right to and (iv) the right to engage in all of the acts as set forth below, as applicable.
14. User Submissions.
A. COMPANY may now or in the future permit the submission of photographs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, COMPANY does not guarantee any confidentiality with respect to any submissions. You retain all rights to your submissions. By submitting your submissions here, you grant COMPANY, Contest Sponsors and Partners the right to display and/or to provide exposure to your photograph and/or other works anywhere including, without limitation, when your photographs or other works are selected as winners of any contest, (i) to be displayed on the Website, (ii) to be displayed and used in connection with marketing, promotion and/or advertising of hiselfies.com Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used photographs and images are credited to whomever it is as represented by User. Any use of the images will be solely used in the context of promoting the contests’ submissions, the Website, and Users in COMPANY’s sole discretion with no additional compensation owed to User, photographer and/or any other person or entity.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize COMPANY to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by COMPANY on the Website and the Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by COMPANY on the Website and terms in Agreement. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Website, you hereby affirm, represent and warrant that you have the power and authority to, and do, grant to Website / COMPANY an irrevocable, worldwide, non- exclusive, royalty-free, sublicensable and transferable license to copy, store, display content to other users and visitors to the Website, and to use in any way the entire contents of the User Submission and all portions and components thereof. This license grant incudes, but is not limited to, the right of COMPANY to use, distribute, reproduce, modify, adapt, publicly perform and publicly display all or any portion or component of the entire contents of the User Submission, including, but not limited to, for the purposes of providing and promoting the specific Website or file to which such Content was submitted or made available. "Publicly accessible" areas of the Website are those areas of the hiselfies.com Website that are intended by COMPANY to be available to the general public. By way of example, publicly accessible areas of the Website would include COMPANY Message Boards and portions of COMPANY Groups, Photos and sharing that are open to members, users and visitors. However, publicly accessible areas would not include portions of the Website that are limited to members, or World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Viewbug.
Company reserves the right to allow third parties to run contests in website. By agreeing to the terms and conditions of the website, there lies no claim against the company due to the loss or damages caused to the user by the third party.
By using this website, you shall hold the Company harmless regarding any gain or loss occurred due to any assurances or promises made by the Third parties running the events/contests.
The Coupons and the Credit points are provided by the Third Parties or the Company and shall have validity for 1 month from the date of issue, unless otherwise specified.
The coupons or the credit points are not transferable.
The coupons or the credit points shall be accumulated or carried forward for few of the selected contests which shall be notified at the beginning time of participation or at the end of the contest.
The Coupons or Credit points shall be deleted from your account without prior notice, if it is found that the coupons or credit points have been obtained by fraud, misrepresentation or any other means which is against the law.
16. International Laws:
Your use of the Service is subject to the Agreement of the COMPANY and you agree not to use the Service or export any portion of the Service including the User Content in violation. You agree that you are responsible for abiding to all relevant local or national laws applicable to you.
17. Representations & Warranties
By using this website, You represent and warrant that:
You have the full authority to act on your behalf and on behalf of any and all owners of any right, title and interest in and to any User Content you post, submit, transfer, make available, or link to.
You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Your membership or access to the Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account.
You are solely responsible for all User Content posted, uploaded, published, made available or displayed through your User account, including any messages, and for your interactions with other Users. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that:
i. you own or have the necessary licenses, rights, consents, and permissions to use and authorize company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service; and
ii. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms of Service. For clarity, you retain all of your ownership rights in your User Content.
You shall not act in any manner that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
You shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
You will not use the Service to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.
18. DISPUTE RESOLUTION AND APPLICABLE LAW
You agree that all matters relating to your access to or use of the Site and Services, including all disputes, will be governed by the laws of the India without regard to its conflicts of law’s provisions. Any dispute arising thereof shall be subject to courts of Hyderabad, Telangana only.
If anyone brings a claim against us related to your actions, content or information on Website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on website and are not responsible for the content or information users transmit or share on website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on website. We are not responsible for the conduct, whether online or offline, or any user of website.
WE TRY TO KEEP OUR WEBSITE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THIS WEBSITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT OUR WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our WEBSITE, policies, and these Terms at any time without notice to you of such changes being made. We encourage you to refer to these Terms from time to time to remain updated as to the Terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
20. COPYRIGHT COMPLAINT
Any complaints or concerns with regards to content or to report any abuse of laws including copyright or breach of the Terms may be taken up with the designated grievance redressal officer as mentioned below via post or by sending an email to the respective email id:[email protected]
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CCOMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
22. INDEMNIFICATION, LIMITED LIABILITY
You agree and accept that you hereby indemnify and hold harmless, and upon COMPANY’s request, defend, COMPANY’ its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on:
i. a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or
ii. any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or COMPANY or any User's use thereof violates or infringes the rights of another party. You will reimburse COMPANY and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that COMPANY obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. COMPANY shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon COMPANY request. COMPANY shall have the right, at its expense, to participate in the defense thereof under your direction.
Except as explicitly stated otherwise, any notices to COMPANY shall be sent by email.
24. Responding to legal requests and preventing harm
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside India where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. Information we receive about you, including financial transaction data related to purchases made with the COMPANY may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
These terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the COMPANY without restriction.