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THIS
IS A LEGAL AGREEMENT
BETWEEN YOU AND K K
PRODUCTION STUDIO PVT.
LTD. (THE "COMPANY")
STATING THE TERMS THAT
GOVERN YOUR USE OF THE
INDYA.COM DIGITAL
SERVICE. THIS AGREEMENT
- TOGETHER WITH ALL
UPDATES, ADDITIONAL
TERMS, SOFTWARE
LICENSES, AND ALL OF
INDYA.COM'S POLICIES
(INCLUDING WITHOUT
LIMITATION INDYA.COM'S
PRIVACY POLICY) -
COLLECTIVELY CONSTITUTE
THE "AGREEMENT" BETWEEN
YOU AND THE COMPANY. IF
YOU DO NOT AGREE TO
THESE TERMS, DO NOT USE
THE SERVICE. YOU MUST
ACCEPT AND ABIDE BY
THESE TERMS AS PRESENTED
TO YOU: CHANGES,
ADDITIONS, OR DELETIONS
ARE NOT ACCEPTABLE, AND
THE COMPANY MAY REFUSE
ACCESS TO THE INDYA.COM
WEBSITE FOR
NONCOMPLIANCE WITH ANY
PART OF THIS AGREEMENT.
1. Definition of the
Indya.com Digital
Service. The Company is
the provider of the
Indya.com digital
service (the "Service")
that permits you to
browse the Indya.com
website and purchase the
streaming or download of
digital content-such as
televised entertainment,
filmed entertainment,
music videos, related
artwork and sound
recordings (the
"Products") and also to
utilise other services
provided by the Company.
Your use of the
Indya.com website and/or
the Service shall be
governed by the terms
and conditions as set
forth in this Agreement.
2. Age requirements for
use of the Service. This
Service is available for
individuals aged 13
years or older. If you
are 13 years or older
but under the age of 18,
you should review these
terms and conditions
with your parent or
guardian to make sure
that you and your parent
or guardian understand
these terms and
conditions.
3. Objectionable
Material. The Company
has used all reasonable
efforts to ensure that
no objectionable
materials are displayed.
However, you understand
that by using the
Service, you may
encounter content that
may be deemed offensive,
indecent, or
objectionable, which
content may or may not
be identified as having
explicit language.
Nevertheless, you agree
to use the Service at
your sole risk and that
neither the Company nor
any of its affiliated
companies shall have any
liability to you for
content that may be
found to be offensive,
indecent, or
objectionable.
4. System Requirements.
Use of the Service
requires a compatible
computer, Internet
access (fees may apply),
and certain software
(fees may apply), and
may require obtaining
updates or upgrades from
time to time. Because
use of the Service
involves hardware,
software, and Internet
access, your ability to
use the Service may be
affected by the
performance of these
factors. High speed
Internet access is
strongly recommended.
You acknowledge and
agree that such system
requirements, which may
be changed from time to
time, are your
responsibility. The
Service is not part of
any other product or
offering, and no
purchase or obtaining of
any other product shall
be construed to
represent or guarantee
you access to the
Service.
5. Policies. Your use of
the Service and
purchases made through
it are subject to the
Company's Policies:
Refund Policy
Refunds will not be
issued based on
technical failure of any
download or streaming,
not meeting the minimum
requirements to run any
Product or other service
on your computer or for
lack of enjoyment whilst
viewing or playing the
Product or other
service. Please examine
the "Support" page to
make sure your computer
meets what is required.
We will however do what
we can to provide
support links for you to
obtain support from
official support
resources.
Refunds may be offered
at the absolute
discretion of the
Company if the following
conditions have been
met:
• The time of your
request for
refund/credit is less
than 48 hours from time
of purchase
• The Product has not
been viewed/activated
• The license key has
not been disclosed to
you by email or webpage
• We have found your
request reasonable under
special circumstances
We do not offer a CD Rom
or any other storage
media in place of
downloading/streaming.
If the issue is a
firewall or router, the
support for those items
may be your best option.
Customer Service will
determine if you meet
the criteria for a
refund. If you feel you
qualify for a refund
please submit an email
to support@indya.com
setting out in detail
why you think you are
entitled to a refund.
6. The Service's Privacy
Policy. The Service is
subject to the Privacy
Policy at www.indya.com/bb/privacypolicy.html,
the terms of which are
expressly made a part of
this Agreement. If you
have not already read
the Privacy Policy, you
should do so NOW.s
7. Your Information. You
agree to provide
accurate, current, true
and complete information
required to register
with the Service and at
other points as may be
required in the course
of using the Service
("Registration Data").
You further agree to
maintain and update your
Registration Data as
required to keep it
accurate, current, true
and complete. The
Company may
independently verify
your Registration Data.
The Company may
terminate your access to
any or all of the
Service if any
information you provide
is false, inaccurate or
incomplete. You agree
that the Company may (or
through third parties,
may) store and use the
Registration Data you
provide (including
credit card information)
for use in maintaining
your accounts and
billing fees to your
credit card.
You further agree that
the Company may forward
the Registration Data to
its employees, officers,
affiliates, group
companies and to third
parties providing
billing, support and
other services for the
purposes of providing
the Service to you.
8. User Account and
Security.
a. Account and Password.
As a registered user of
the Service, you may
receive or establish an
account ("Account"). You
are solely responsible
for maintaining the
confidentiality and
security of your
Account. You should not
reveal your Account
information to anyone
else or use anyone
else's Account. You are
entirely responsible for
all activities that
occur on or through your
Account, and you agree
to immediately notify
the Company of any
unauthorized use of your
Account or any other
breach of security.
Please e-mail the
Support Centre at
support@indya.com to
notify the Company in
such event. The Company
shall not be responsible
for any losses arising
out of the unauthorized
use of your Account.
b. Security. You
understand that the
Service, and Products
purchased through the
Service, include a
security framework using
technology that protects
digital information and
limits your usage of
Products to certain
usage rules established
by the Company and/or
its licensors ("Usage
Rules"). You agree to
comply with such Usage
Rules, as further
outlined below, and you
agree not to violate or
attempt to violate any
security components. You
agree not to attempt to,
or assist another person
to circumvent,
reverse-engineer,
decompile, disassemble,
or otherwise tamper with
any of the security
components related to
such Usage Rules for any
reason whatsoever. Usage
Rules may be controlled
and monitored by the
Company for compliance
purposes, and the
Company reserves the
right to enforce the
Usage Rules with or
without notice to you.
You shall not access or
attempt to access an
Account that you are not
authorized to access.
Violations of system or
network security may
result in civil and/or
criminal liability.
9. Products Requirements
and Use
a. You acknowledge that
use of Products may
require the use of other
hardware and software
products (e.g., the
ability to make copies
of Products on physical
media and render
performance of Products
on authorized digital
player devices), and
that such hardware and
software is your
responsibility and will
not form part of the
Products nor will it be
provided by the Company.
Once a Product is
purchased and you
receive the Product, it
is your responsibility
not to lose, destroy, or
damage the Product, and
the Company shall be
without liability to you
in the event of any
loss, destruction, or
damage.
b. You agree to use
Products in compliance
with the following Usage
Rules:
Usage Rules
Your use of the Products
is conditional upon your
prior acceptance of the
terms of this Agreement.
You shall be authorized
to use the Products only
for personal,
noncommercial use only.
You agree that you are
not permitted to
transfer any Product
purchased and downloaded
by you to any other
computers or devices
unless expressly
provided pursuant to any
"End User Licensing
Agreement" that may be
included within the
Product, in which case
transfers are permitted
only pursuant to such
End User Licensing
Agreement.
You shall not be
entitled to capture,
store or record any
Product that has been
streamed to you for
real-time consumption,
except as expressly
permitted pursuant to
any End User Licensing
Agreement that may be
included within the
Product, in which case
any such capture,
storage or recording is
permitted only pursuant
to such End User
Licensing Agreement.
The delivery of Products
does not transfer to you
any commercial or
promotional use rights
or intellectual property
rights in the Products
or the Service.
c. You agree that your
purchase of Products
constitutes your
acceptance of and
agreement to use such
Products solely in
accordance with the
Usage Rules and any End
User Licensing Agreement
that maybe included
with/in the Product or
presented to you at the
time of registration or
purchase, and that any
other use of the
Products may constitute
a violation of
copyright/trademark/patent
laws or other
intellectual property
laws. The security
technology is an
inseparable part of the
Products. The Usage
Rules and any End User
Licensing Agreement
applicable to the
Product shall govern
your rights with respect
to the Products, in
addition to any other
terms or rules that may
have been established
between you and another
party, except that in
any conflict between the
Usage Rules and any End
User Licensing
Agreement, the
provisions of the End
User Licensing Agreement
shall prevail. The
Company reserves the
right to modify the
Usage Rules at any time.
d. You acknowledge that
some aspects of the
Service, Products, and
administering of the
Usage Rules entails the
ongoing involvement of
the Company.
Accordingly, in the
event that the Company
changes any part of the
Service or discontinues
the Service, which the
Company may do at its
election, you
acknowledge that you may
no longer be able to use
Products to the same
extent as prior to such
change or
discontinuation, and
that neither the Company
nor any of its
affiliated companies
shall have any liability
to you in such case.
10. Agreement to Pay.
a. Payment for Products.
You agree to pay for all
Products you purchase
through the Service, and
that the Company may
charge your credit card
for any Products
purchased, and for any
additional amounts
(including any taxes and
late fees, as
applicable) as may be
accrued by or in
connection with your
Account. YOU ARE SOLELY
RESPONSIBLE FOR THE
TIMELY PAYMENT OF ALL
FEES EVEN IF NOT
AUTHORISED BY YOU, AND
FOR PROVIDING THE
COMPANY WITH A VALID
CREDIT CARD FOR PAYMENT
OF ALL FEES. All fees
will be billed to the
credit card you
designate during the
registration process. If
you want to designate a
different credit card or
if there is a change in
your credit card status,
you must change your
credit card information
online at the Account
Info section of the
Service. (There may be a
temporary disruption of
your access to the
Service until the
Company can verify the
validity of the new
credit card
information.)
b. Right to Change
Prices and Availability
of Products. Prices and
availability of any
Products are subject to
change at any time.
c. Electronic Signatures
and Contracts. Your use
of the Service includes
the ability to enter
into agreements and/or
to make purchases
electronically. YOU
ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR
AGREEMENT AND INTENT TO
BE BOUND BY AND TO PAY
FOR SUCH AGREEMENTS AND
PURCHASES. YOUR
AGREEMENT AND INTENT TO
BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO
ALL RECORDS RELATING TO
ALL TRANSACTIONS YOU
ENTER INTO ON THIS SITE,
INCLUDING NOTICES OF
CANCELLATION, POLICIES,
CONTRACTS, AND
APPLICATIONS.
d. In order to access
and retain your
electronic records, you
may be required to have
certain hardware and
software, which are your
sole responsibility.
11. Delivery of
Products. On occasion,
technical problems may
delay or prevent
delivery of your
Product. Your exclusive
and sole remedy with
respect to Product that
is not delivered within
a reasonable period will
be either replacement of
such Product, or refund
of the purchase price
paid for such Product,
as determined by the
Company in its sole
discretion.
12. Intellectual
Property.
a. Acknowledgement of
Ownership. You agree
that the Service,
including but not
limited to graphics,
screen shots, video
clips, demos, music and
editorial content,
contains proprietary
information and material
that is owned by the
Company and/or its
licensors, and is
protected by applicable
intellectual property
and other laws,
including but not
limited to copyright,
and that you will not
use such proprietary
information or materials
in any way whatsoever
except for use of the
Service in compliance
with the terms of this
Agreement. You shall not
exploit the Service in
any unauthorized way
whatsoever, including
but not limited to, by
trespass or burdening
network capacity.
b. Removal of Content or
Other Materials.
Notwithstanding any
other provision of this
Agreement, the Company
and its licensors
reserve the right to
change, suspend, remove,
or disable access to any
Products, content, or
other materials
comprising a part of or
sold through the Service
at any time without
notice. In no event will
the Company or any of
its affiliated companies
be liable for the
removal of or disabling
of access to any such
Products, content or
materials under this
Agreement. The Company
may also impose limits
on the use of or access
to certain features or
portions of the Service,
in any case and without
notice or liability.
c. Copyrights. All
copyrights in and to the
Service, including but
not limited to, the
Indya.com digital retail
service (including the
compilation of content,
postings, links to other
Internet resources, and
descriptions of those
resources), and
software, are owned by
the Company and/or its
licensors. THE USE OF
ANY PART OF THE SERVICE,
EXCEPT FOR USE OF THE
SERVICE AS PERMITTED IN
THESE TERMS OF SERVICE,
IS STRICTLY PROHIBITED
AND INFRINGES ON THE
INTELLECTUAL PROPERTY
RIGHTS OF OTHERS AND MAY
SUBJECT YOU TO CIVIL AND
CRIMINAL PENALTIES,
INCLUDING POSSIBLE
MONETARY DAMAGES, FOR
COPYRIGHT INFRINGEMENT.
d. Trademarks. The
Company, the Indya.com
logo and other
trademarks, service
marks, graphics, and
logos used in connection
with the Service are
trademarks or registered
trademarks of the
Company and/or its
affiliated companies.
Other trademarks,
service marks, graphics,
and logos used in
connection with the
Service may be the
trademarks of their
respective owners. You
are granted no right or
license with respect to
any of the aforesaid
trademarks and any use
of such trademarks.
14. Content posted on
Indya.com
a. No Endorsement of
User Content. You are
solely responsible for
all User Content (as
defined in the next
sentence) that you
upload, post, email,
transmit or otherwise
make available on or
through the Service
(collectively, "Post").
"User Content" means
content or information
of any type or medium,
including but not
limited to: letters,
emails or other
messages; other forms of
communication through
the Services; personal
User information; cheat
codes; board posts;
reader reviews; blogs,
ratings, data, notes and
testimonials; poll
votes; images; audio or
video files; and
software that you Post.
You may Post only User
Content which you own,
have created or which
you have clear
permission to Post. You
acknowledge and agree
that the Company does
not endorse any User
Content and is not
responsible or liable
for any User Content,
even though it may be
unlawful, harassing,
libelous, privacy
invading, abusive,
threatening, harmful,
vulgar, obscene, or
otherwise objectionable,
or may infringe upon the
intellectual property or
other rights of another.
You acknowledge that the
Company does not
pre-screen User Content,
and has no obligation to
do so, but that the
Company and its
affiliated companies and
designees will have the
right (but not the
obligation) in their
sole discretion to
refuse, edit, move or
remove any User Content
that is posted on or
through the Service.
b. Proprietary Rights in
User Content Posted. You
hereby grant to the
Company the
non-exclusive,
perpetual, fully paid
and royalty-free,
worldwide license to
use, copy, sublicense,
adapt, transmit,
translate, distribute,
publicly perform,
publicly display,
modify, and translate
such User Content. You
represent and warrant
that: (i) you own the
User Content Posted by
you on Indya.com, (ii)
your User Content does
not violate the privacy
rights, publicity
rights, copyright
rights, intellectual
property rights, or any
other rights of any
person, and (iii) the
posting of your User
Content on Indya.com
does not result in a
breach of any contract
between you and a third
party. You agree to pay
for all royalties, fees
and any other monies
owing any person by
reason of any User
Content you post on
Indya.com.
c. Prohibited User
Content. The following
is a partial list of the
kind of User Content
that is illegal or
prohibited on Indya.com.
The 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
Indya.com and
terminating the Accounts
of such violators.
Prohibited User Content
includes content that:?
1. is obscene, patently
offensive, or promotes
racism, bigotry, hatred
or physical harm of any
kind against any group
or individual;
2. harasses or advocates
harassment of another
person;
3. contains nudity,
violence, or offensive
subject matter;
4. involves the
transmission of "junk
mail" or "chain letters"
or unsolicited mass
mailing;
5. promotes information
that you know is false
or misleading or
promotes illegal
activities or conduct
that is abusive,
threatening, obscene,
defamatory or libelous;
6. exploits people in a
sexual or violent
manner;
7. solicits personal
information from anyone
under 18;
8. provides any
telephone numbers,
street addresses, last
names, URLs or email
addresses, including in
your Account profile;
9. violates the
copyright, trademark or
other intellectual
property rights of any
other person;
10. furthers or promotes
any criminal activity or
enterprise or provides
instructional
information about
illegal activities such
as making or buying
illegal weapons,
violating someone's
privacy, or providing or
creating computer
viruses;
11. solicits passwords
or personal identifying
information for
commercial or unlawful
purposes from other
Users; or
12. involves commercial
activities and/or sales
without our prior
written consent such as
contests, sweepstakes,
solicitation of
donations, barter,
advertising, or pyramid
schemes.
15. Prohibited User
Activities.
You must use Indya.com
in a manner consistent
with any and all
applicable laws and
regulations.
The following is a
partial list of the kind
of activity that is
illegal or prohibited on
Indya.com. The Company
reserves the right to
investigate and take
appropriate legal action
in its sole discretion
against anyone who
violates this provision,
including without
limitation, reporting
you to law enforcement
authorities. Prohibited
activity includes, but
is not limited to:
1. advertising to, or
solicitation of, any
person to buy or sell
any products or services
through Indya.com. You
may not transmit any
chain letters or junk
email to any other
person. It is also a
violation of these rules
to use any information
obtained from Indya.com
in order to harass,
abuse, or harm another
person, or in order to
contact, advertise to,
solicit, or sell to any
person. In order to
protect Indya.com users
from such advertising or
solicitation, the
Company reserves the
right to restrict the
number of emails which a
user may send to other
users in any 24-hour
period to a number which
the Company deems
appropriate in its sole
discretion;
2. any automated use of
the system;
3. attempting to
impersonate another user
or person;
4. using the account,
username, or password of
another user or person
at any time or
disclosing your password
to any third party or
permitting any third
party to access your
account;
5. selling or otherwise
transferring your
profile;
6. covering or obscuring
the banner
advertisements on
forums, or any Indya.com
page via HTML/CSS or any
other means; or
7. interfering with,
disrupting, or creating
an undue burden on the
site or the networks or
services connected to
the Service.
16. Third Party Sites;
Advertisers. The Service
may provide you with
opportunities links or
other opportunities to
use certain sites,
services, products,
applications or content
offered by or through
the Company's
third-party providers,
including but not
limited to advertisers,
content and ecommerce
providers (collectively
"Third-Party Services").
Your use of any
Third-Party Services is
subject to any terms of
service or conditions of
use associated with the
Third-Party Services.
The Company does not
control Third-Party
Services and is not
responsible for any
Third-Party Services or
for the contents
thereof, including,
without limitation, any
links that may be
contained in or
accessible through
Third-Party Services.
The Company does not
endorse any Third-Party
Services or any
products, content or
communications linked to
or accessible from the
Services. You agree you
are wholly responsible
for making your own
independent judgment
regarding your user or
interaction with
Third-Party Services.
17. Monitoring. The
Company and its
affiliated companies
have no obligation to
pre-screen or monitor
any User Content Posted.
However, the Company and
its affiliated companies
reserve the right at all
times to edit or remove
any content or
communications, in whole
or in part, in Company
and/or its affiliated
companies' sole
discretion and to
disclose any information
or take any action as
necessary to satisfy any
applicable law,
regulation, legal
process or governmental
request.
18. Termination.
a. Termination by the
Company. If you fail, or
the Company suspects
that you have failed, to
comply with any of the
provisions of this
Agreement, including but
not limited to failure
to make payment of fees
due, failure to provide
the Company with a valid
credit card or with
accurate and complete
Registration Data,
failure to safeguard
your Account
information, or
violation of the Usage
Rules or any license to
the software, the
Company, at its sole
discretion and without
prejudice to any other
remedies available to
it, without notice to
you may: (i) terminate
this Agreement and/or
your Account, and you
will remain liable for
all amounts due under
your Account up to and
including the date of
termination; and/or (ii)
terminate the license to
the software; and/or
(iii) preclude access to
the Service (or any part
thereof).
b. Termination of the
Service. The Company
reserves the right to
modify, suspend, or
discontinue the Service
(or any part or content
thereof) at any time
with or without notice
to you, and neither the
Company nor its
directors, officers,
employees, affiliates,
agents, contractors or
licensors will be liable
to you or to any third
party should it exercise
such rights.
19. General Compliance
with Laws. You agree to
comply with all local,
state, federal, and
national and
international laws,
statutes, ordinances,
and regulations that
apply to your use of the
Service.
20. Enforcement of These
Terms. The Company
reserves the right to
takes steps it believes
are reasonably necessary
or appropriate to
enforce and/or verify
compliance with any part
of this Agreement
(including but not
limited to the Company's
right to cooperate with
any legal process
relating to your use of
the Service and/or
Products, and/or a third
party claim that your
use of the Service
and/or Products is
unlawful and/or
infringes such third
party's rights). You
agree that the Company
has the right, without
liability to you, to
disclose any
Registration Data and/or
Account information to
law enforcement
authorities, government
officials, and/or a
third party, as the
Company believes is
reasonably necessary or
appropriate to enforce
and/or verify compliance
with any part of this
Agreement (including but
not limited to the
Company's right to
cooperate with any legal
process relating to your
use of the Service
and/or Products, and/or
a third party claim that
your use of the Service
and/or Products is
unlawful and/or
infringes such third
party's rights).
21. Disclaimer of
Warranties; Liability
Limitations.
a. THE COMPANY DOES NOT
GUARANTEE, REPRESENT, OR
WARRANT THAT THE
INTERNET OR YOUR USE OF
THE SERVICE WILL BE
UNINTERRUPTED OR
ERROR-FREE, AND YOU
AGREE THAT FROM TIME TO
TIME THE COMPANY MAY
REMOVE THE SERVICE FOR
INDEFINITE PERIODS OF
TIME, OR CANCEL THE
SERVICE AT ANY TIME,
WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE
THAT YOUR USE OF, OR
INABILITY TO USE, THE
SERVICE IS AT YOUR SOLE
RISK. THE SERVICE AND
ALL PRODUCTS AND
SERVICES DELIVERED TO
YOU THROUGH THE SERVICE
ARE (EXCEPT AS EXPRESSLY
STATED BY THE COMPANY)
PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE,
WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING
ALL IMPLIED WARRANTIES
OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND
NONINFRINGEMENT. BECAUSE
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES,
THE ABOVE EXCLUSION OF
IMPLIED WARRANTIES MAY
NOT APPLY TO YOU.
c. IN NO CASE SHALL THE
COMPANY, ITS DIRECTORS,
OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS,
CONTRACTORS, OR
LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE,
SPECIAL, OR
CONSEQUENTIAL DAMAGES
ARISING FROM YOUR USE OF
ANY OF THE SERVICES OR
FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO
YOUR USE OF THE
SERVICES, INCLUDING, BUT
NOT LIMITED TO, ANY
ERRORS OR OMISSIONS IN
ANY CONTENT, OR ANY LOSS
OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF
THE USE OF ANY CONTENT
(OR PRODUCT) POSTED,
TRANSMITTED, OR
OTHERWISE MADE AVAILABLE
VIA THE SERVICE, EVEN IF
ADVISED OF THEIR
POSSIBILITY. BECAUSE
SOME STATES OR
JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
THE LIMITATION OF
LIABILITY FOR
CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN
SUCH STATES OR
JURISDICTIONS, THE
COMPANY'S LIABILITY
SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
d. THE COMPANY SHALL USE
REASONABLE EFFORTS TO
PROTECT INFORMATION
SUBMITTED BY YOU IN
CONNECTION WITH THE
SERVICES, BUT YOU
ACKNOWLEDGE AND AGREE
THAT YOUR SUBMISSION OF
SUCH INFORMATION IS AT
YOUR SOLE RISK, AND THE
COMPANY HEREBY DISCLAIMS
ANY AND ALL LIABILITY TO
YOU FOR ANY LOSS OR
LIABILITY RELATING TO
SUCH INFORMATION IN ANY
WAY.
e. THE COMPANY DOES NOT
REPRESENT OR GUARANTEE
THAT THE SERVICE WILL BE
FREE FROM LOSS,
CORRUPTION, ATTACK,
VIRUSES, INTERFERENCE,
HACKING, OR OTHER
SECURITY INTRUSION, AND
THE COMPANY DISCLAIMS
ANY LIABILITY RELATING
THERETO. YOU SHALL BE
RESPONSIBLE FOR BACKING
UP YOUR OWN SYSTEM.
22. Waiver and
Indemnity. BY USING THE
SERVICE, YOU AGREE TO
INDEMNIFY AND HOLD THE
COMPANY, ITS DIRECTORS,
OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS,
CONTRACTORS, AND
LICENSORS HARMLESS WITH
RESPECT TO ANY CLAIMS
ARISING OUT OF YOUR
BREACH OF THIS
AGREEMENT, YOUR USE OF
THE SERVICE, OR ANY
ACTION TAKEN BY THE
COMPANY AS PART OF ITS
INVESTIGATION OF A
SUSPECTED VIOLATION OF
THIS AGREEMENT OR AS A
RESULT OF ITS FINDING OR
DECISION THAT A
VIOLATION OF THIS
AGREEMENT HAS OCCURRED.
THIS MEANS THAT YOU
CANNOT SUE OR RECOVER
ANY DAMAGES FROM THE
COMPANY, ITS DIRECTORS,
OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS,
CONTRACTORS, AND
LICENSORS AS A RESULT OF
ITS DECISION TO REMOVE
OR REFUSE TO PROCESS ANY
INFORMATION OR CONTENT,
TO WARN YOU, TO SUSPEND
OR TERMINATE YOUR ACCESS
TO THE SERVICE, OR TO
TAKE ANY OTHER ACTION
DURING THE INVESTIGATION
OF A SUSPECTED VIOLATION
OR AS A RESULT OF THE
COMPANY'S CONCLUSION
THAT A VIOLATION OF THIS
AGREEMENT HAS OCCURRED.
THIS WAIVER AND
INDEMNITY PROVISION
APPLIES TO ALL
VIOLATIONS DESCRIBED IN
OR CONTEMPLATED BY THIS
AGREEMENT.
23. Changes. The Company
reserves the right, at
any time and from time
to time, to update,
revise, supplement, and
otherwise modify this
Agreement and to impose
new or additional rules,
policies, terms, or
conditions on your use
of the Service. Any
material updates,
revisions, supplements,
modifications, and
additional rules,
policies, terms, and
conditions (collectively
referred to in this
Agreement as "Additional
Terms") will posted on
the Service website and
will be effective
immediately after such
posting and thereafter
incorporated into this
Agreement. Your
continued use of the
Indya.com service will
be deemed to constitute
your acceptance of any
and all such Additional
Terms. All Additional
Terms are hereby
incorporated into this
Agreement by this
reference.
24. Notices. The Company
may send you notice with
respect to the Service
by sending an email
message to the email
address listed in your
Indya.com Account
contact information, by
sending a letter via
postal mail to the
contact address listed
in your Indya.com
Account contact
information, or by a
posting on the Indya.com
digital service. Notices
shall become effective
immediately.
25. Governing
Law/Dispute Resolution.
The rights and
obligations of the
Parties under the
Agreement shall be
governed by the laws of
India. All disputes
between the Parties
relating to issues
arising under this
Agreement or the Service
shall be resolved solely
through proceedings
instituted before the
Court in Mumbai, India.
26. Miscellaneous. These
Terms of Service
constitute the entire
agreement between you
and the Company and
govern your use of the
Service, superseding any
prior agreements between
you and the Company. You
also may be subject to
additional terms and
conditions that may
apply when you use
affiliate services,
third-party content, or
third-party software. If
any part of these Terms
of Service is held
invalid or
unenforceable, that
portion shall be
construed in a manner
consistent with
applicable law to
reflect, as nearly as
possible, the original
intentions of the
parties, and the
remaining portions shall
remain in full force and
effect. The Company's
failure to enforce any
right or provisions in
these Terms of Service
will not constitute a
waiver of such
provision, or any other
provision of these Terms
of Service. If any
provision of this
Agreement is found by a
court of competent
jurisdiction to be
invalid, the other
provisions will remain
in full force and
effect. The Company will
not be responsible for
failures to fulfill any
obligations due to
causes beyond its
control. |