Accessing the Website
Accessing the Website is permitted on a temporary basis, and the right to withdraw or amend the Service provided on the Website without notice, is reserved. Aarushi will not be liable for any reason if the Website remains unavailable at any time or for any period. From time to time, there may be restricted access to some parts of the Website, or the entire Website, to Users. You are responsible for making all arrangements necessary for you to have access to our site (including taking necessary steps to ensure you use up to date anti-virus software). You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of this Agreement, and that they comply with them. Any commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. Aarushi therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Some services on the Website may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree:
(a) that your account details are personal to you and you shall not disclose your account details to any third party;
(b) that you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure; and
(c) that you will not create an account using false information or impersonate another person when registering for a service on the Website. We may cancel your account at anytime if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
Use of the Service
The permission to use the Service as set forth in this Agreement, provided that:
(a) you will not copy, distribute or disclose any part of the Service in any medium;
(b) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose;
(c) you will otherwise comply with the terms and conditions of this Agreement;
(d) you will use the Service solely for your personal, non-commercial use, except as agreed to in writing regarding a specific feature of the Service;
(d) you will not use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or Service; and
(e) you will not reformat or frame any portion of the Website.
You do not have to register in order to use the Service. To access certain features of the Service, though, you will need to register with Website and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in Aarushi’ s sole discretion.
You may never use another Member’s account without permission. 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. You must notify Aarushi immediately of any breach of security or unauthorized use of your account. Although Aarushi will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Aarushi or others due to such unauthorized use.
You agree to comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to use or launch any automated system, including, without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree not to aggregate or collate any of the content available through the Service for use elsewhere. You also agree not to collect or harvest any personally identifiable information, including account names, from the Service, or use the communication systems provided by the Service for any commercial solicitation purposes.
Aarushi may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability if, in Aarushi’s sole determination, you violate any provision of the Agreement, including by carrying out any of the following prohibited actions:
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose in Aarushi’s sole discretion, an unreasonable or disproportionately large load on Aarushi’s infrastructure;
- uploading invalid data, viruses, worms or other software agents through the Service;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud or hiding or attempting to hide your identity;
- interfering with the proper working of the Service; or,
- bypassing the measures we may use to prevent or restrict access to the Service.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Aarushi shall have no liability for your interactions with other Users or for any User’s action or inaction.
You understand and agree that various entities unaffiliated with Aarushi make up the “mobile ecosystem” that enables you to access, visit and/or use the Service via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless and Internet network providers and carriers, and sellers or providers of Content for use with the Service (collectively, the “Mobile Participants”). Aarushi does not represent, warrant or guarantee that all portions of the Service, or the Service as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations. THESE MOBILE PARTICIPANTS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE AND OUR INDEMNITEES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH MOBILE PARTICIPANTS. We have agreements with some of these Mobile Participants that require us to make certain disclosures and pass along certain responsibilities to you. For such Mobile Participants, you specifically acknowledge and agree that: (a) the Agreement is with you; the Mobile Participants are not parties to the Agreement; (b) the Mobile Participants and their parents, subsidiaries and affiliates are third party beneficiaries of the Agreement and upon your acceptance of the terms and conditions of the Agreement, the Mobile Participants will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you; (c) the license granted to you hereunder is limited to a non-transferable license to use the Service on the particular product authorized by the applicable Mobile Participant that you own or control and as permitted by such Mobile Participant’s applicable usage rules; (d) Mobile Participants have no obligation whatsoever in connection with the functionality or content of the Service, or to furnish any maintenance or support services with respect to the Service; (e) in the event of any failure of the Service to conform to any applicable warranty, you may be able to notify the applicable Mobile Participant to receive a refund of all or part of the amount you paid for the Service, if any (to the maximum amount permitted by applicable law, Mobile Participants will have no other warranty obligation whatsoever with respect to the Service); (f) Mobile Participants are not responsible for addressing any claims, losses, liabilities, damages, costs or expenses by you or a third party relating to the Service or your possession, access, visitation and/or use of the Service, including without limitation (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and (g) in the event of any third party claim that the Service or your possession, access, visitation and/or use of the Service, infringes such third party’s intellectual property rights, Mobile Participants are not responsible for the investigation, defense, settlement and/or discharge of such claim.
Some areas of the Service may allow Users to post feedback, comments, questions, and other information (collectively, “User Content”). Unless otherwise agreed between you and Aarushi in writing, you are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (collectively, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you, to any other person or to any animal;
- may create a risk of any other loss or damage to any person or property;
- may constitute or contribute to a crime or tort;
- contains any information or content that we believe to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening or otherwise objectionable;
- contains any information or content that is illegal;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that you know is not correct and current or is misleading; or
- offers to sell or buy a product or service or creates a link to a third-party website without Aarushi’s prior consent.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below) and rights of publicity and privacy. Aarushi reserves the right, but is not obligated, to reject and/or remove any User Content that Aarushi believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the any other official registry, collection society or rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights and moral rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Aarushi takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display or otherwise make available or access through your use of the Service, is solely your responsibility. Aarushi is not responsible for any public display or misuse of your User Content.
You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree that, insofar as the law allows, Aarushi shall not be liable for any damages you allege to incur as a result of such User Content.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Aarushi a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display and make derivative works of all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service, unless otherwise agreed by you and Aarushi in writing.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and User Content (the “Website Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Aarushi and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Aarushi Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit, comments or ideas about the Service, including, without limitation, about how to improve the Service or Aarushi’s products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Aarushi under any fiduciary or other obligation, that we are free to disclose the Idea on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission of an Idea, Aarushi does not waive any rights to use similar or related ideas previously known to Aarushi, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are 18 years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of this Agreement. Aarushi may terminate your account, delete any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under 13.
If you are under 18 years of age you may use the Service only if you shall visit the site under parental/guardian guidance only.
Some features of the Service, such as some sweepstakes or contests, require users to be 18 years of age or older, and you agree not to access or use those services if you are under 18 years of age.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Additional Representations and Warranties
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 warrant, in addition to the other representations and warranties in this Agreement, the following:
You are at least 18 years of age, or if you are under 18 years of age you are shall visit the site under parental/guardian guidance only.
Your User Content and Aarushi’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third-party, including, without limitation, any Intellectual Property Rights, privacy rights and rights of publicity. Under law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorneys’ fees.
Aarushi may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise.
Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless Aarushi, its members, other affiliated companies or their respective directors, managers, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from:
- your use of and access to the Service, including any data or work transmitted or received by you;
- your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties as set forth herein;
- your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights;
- your violation of any law, rule or regulation of the United States or any other country;
- any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or
- any other party’s access and use of the Service with your unique username, password or other appropriate security code.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Without limiting the foregoing, to the maximum extent permitted by applicable law, Aarushi, its members, other affiliated companies and licensors do not warrant that: (a) the content on the Website is accurate, reliable or correct; (b) the Service will meet your requirements; (c) the Service will be available at any particular time or location, uninterrupted or secure; (d) any defects or errors will be corrected; or (e) the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
To the maximum extent permitted by applicable law, Aarushi does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through Aarushi or the Service or any hyperlinked website or service, or featured in any banner or other advertising, and Aarushi will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Aarushi, its members, affiliates, directors, managers, officers, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will Aarushi be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Aarushi assumes no liability or responsibility for any:
- errors, mistakes or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
- any unauthorized access to or use of Aarushi’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any programs, bugs, viruses, trojan horses, data or the like that may be transmitted to or through the Service by any third-party;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
- User Content or the defamatory, offensive or illegal conduct of any third-party.
In no event shall Aarushi, its members, subsidiaries, other affiliated companies or their respective directors, managers, employees, contractors, agents, officers and directors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Aarushi in connection with the Services.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Aarushi has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aarushi without restriction.
You agree that:
- the Service shall be deemed solely based in the India;
- the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Aarushi, either specific or general, in jurisdictions other than the NCT of Delhi;
- this Agreement shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between you and Aarushi that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Delhi, unless submitted to arbitration as set forth below;
- this Agreement, together with any other legal notices and agreements published by Aarushi via the Service, shall constitute the entire agreement between you and Aarushi concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect; and
- no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Aarushi’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
For any dispute you have with Aarushi, you agree to first contact us and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution. If Aarushi has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to the Agreement by binding arbitration i.e. the parties agree to resolve the dispute through binding arbitration as per the Arbitration and Conciliation Act 1996, as may be amended from time to time.
The award rendered by the arbitrator shall be in writing and binding on the parties , all claims must be brought in the parties’ individual capacity and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
Notice and Notifications
Aarushi may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as determined by Aarushi in its sole discretion. Aarushi reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement.