TABLE OF CONTENTS
These Terms of Use constitute a legally binding
agreement made between you, whether personally
or on behalf of an entity (“you”)
and Broken Pie Private Limited, doing business as Snog Cab or Snog
Web ("Snog Cab or Snog Web", “we”,
“us”, or
“our”), concerning
your access to and use of the
https://snogweb.com
website as well as any other media form, media
channel, mobile website or mobile application
related, linked, or otherwise connected thereto
(collectively, the “Site”). We are registered in
India
and have our registered office at 1st
Floor, HN 9, Sarvodaya Path, ABC, Guwahati 781005.
You agree that by accessing the Site, you have
read, understood, and agree to be bound by all of
these Terms of Use, including the End User License
Agreement posted on the Site, which are
incorporated into these Terms of Use. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or
documents that may be posted on the Site from
time to time are hereby expressly incorporated
herein by reference. We reserve the right, in
our sole discretion, to make changes or
modifications to these Terms of Use at any
time and for any reason. We will alert you
about any changes by updating the “Last
updated” date of these Terms of Use, and
you waive any right to receive specific notice
of each such change. Please ensure that you
check the applicable Terms every time you use
our Site so that you understand which Terms
apply. You will be subject to, and will be
deemed to have been made aware of and to have
accepted, the changes in any revised Terms of
Use by your continued use of the Site after
the date such revised Terms of Use are
posted.
The information provided on the Site is not
intended for distribution to or use by any
person or entity in any jurisdiction or country
where such distribution or use would be contrary
to law or regulation or which would subject us
to any registration requirement within such
jurisdiction or country. Accordingly, those
persons who choose to access the Site from other
locations do so on their own initiative and are
solely responsible for compliance with local
laws, if and to the extent local laws are
applicable.
The Site is intended for users who are at
least 13 years of age. All users who are
minors in the jurisdiction in which they
reside (generally under the age of 18) must
have the permission of, and be directly
supervised by, their parent or guardian to use
the Site. If you are a minor, you must have
your parent or guardian read and agree to
these Terms of Use prior to you using the Site.
Unless otherwise indicated, the Site is our
proprietary property and all source code,
databases, functionality, software, website
designs, audio, video, text, photographs, and
graphics on the Site (collectively, the
“Content”) and the trademarks,
service marks, and logos contained therein (the
“Marks”) are owned or controlled by
us or licensed to us, and are protected by
copyright and trademark laws and various other
intellectual property rights and unfair
competition laws of the United States,
international copyright laws, and international
conventions. The Content and the Marks are
provided on the Site “AS IS” for
your information and personal use only. Except
as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any
commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site,
you are granted a limited license to access and
use the Site and to download or print a copy of
any portion of the Content to which you have
properly gained access solely for your personal,
non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the
Content and the Marks.
By using the Site, you represent and warrant
that: (1) all registration information you submit will be
true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such
registration information as necessary;
(3) you have the legal capacity and you agree to
comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in
which you reside, or if a minor, you have
received parental permission to use the
Site; (6) you will not access the Site through
automated or non-human means, whether through a
bot, script or otherwise; (7) you will not use the Site for any illegal or
unauthorized purpose; and (8) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account
and refuse any and all current or future use of
the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the
Site. You agree to keep your password
confidential and will be responsible for all
use of your account and password. We reserve
the right to remove, reclaim, or change a
username you select if we determine, in our
sole discretion, that such username is
inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You may be required to purchase or pay a
fee to access some of our services. You
agree to provide current, complete, and
accurate purchase and account information
for all purchases made via the Site. You
further agree to promptly update account and
payment information, including email
address, payment method, and payment card
expiration date, so that we can complete
your transactions and contact you as needed.
We bill you through an online billing
account for purchases made via the Site.
Sales tax will be added to the price of
purchases as deemed required by us. We may
change prices at any time. All payments
shall be in Indian Rupee.
You agree to pay all charges or fees at the
prices then in effect for your purchases,
and you authorize us to charge your chosen
payment provider for any such amounts upon
making your purchase.
We reserve the right to correct any errors
or mistakes in pricing, even if we have
already requested or received payment. We
also reserve the right to refuse any order
placed through the Site.
All purchases are non-refundable. You
can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation
will take effect at the end of the current
paid term.
If you are unsatisfied with our services,
please email us at [email protected] or call
us at 18008916355.
You may not access or use the Site for any
purpose other than that for which we make the
Site available. The Site may not be used in
connection with any commercial endeavors except
those that are specifically endorsed or approved
by us.
As a user of the Site, you agree not
to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute
to, or participate in blogs, message boards,
online forums, and other functionality, and
may provide you with the opportunity to
create, submit, post, display, transmit,
perform, publish, distribute, or broadcast
content and materials to us or on the Site,
including but not limited to text, writings,
video, audio, photographs, graphics, comments,
suggestions, or personal information or other
material (collectively,
"Contributions"). Contributions may
be viewable by other users of the Site and
through third-party websites. As such, any
Contributions you transmit may be treated as
non-confidential and non-proprietary. When you
create or make available any Contributions,
you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
-
Your Contributions are not used to harass
or threaten (in the legal sense of those
terms) any other person and to promote
violence against a specific person or
class of people.
-
Your Contributions do not violate any
applicable law, regulation, or rule.
-
Your Contributions do not violate the
privacy or publicity rights of any third
party.
-
Your Contributions do not violate any
applicable law concerning child
pornography, or otherwise intended to
protect the health or well-being of
minors.
-
Your Contributions do not include any
offensive comments that are connected to
race, national origin, gender, sexual
preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the
foregoing violates these Terms of Use and may
result in, among other things, termination or
suspension of your rights to use the
Site.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of
the Site, you automatically grant, and you
represent and warrant that you have the right to
grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in
part), and distribute such Contributions
(including, without limitation, your image and
voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works
of, or incorporate into other works, such
Contributions, and grant and authorize
sublicenses of the foregoing. The use and
distribution may occur in any media formats and
through any media channels.
This license will apply to any form, media,
or technology now known or hereafter
developed, and includes our use of your name,
company name, and franchise name, as
applicable, and any of the trademarks, service
marks, trade names, logos, and personal and
commercial images you provide. You waive all
moral rights in your Contributions, and you
warrant that moral rights have not otherwise
been asserted in your
Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of
all of your Contributions and any intellectual
property rights or other proprietary rights
associated with your Contributions. We are not
liable for any statements or representations
in your Contributions provided by you in any
area on the Site. You are solely responsible
for your Contributions to the Site and you
expressly agree to exonerate us from any and
all responsibility and to refrain from any
legal action against us regarding your
Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize
any Contributions to place them in more
appropriate locations on the Site; and (3) to
pre-screen or delete any Contributions at any
time and for any reason, without notice. We have
no obligation to monitor your
Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you
must comply with the following criteria: (1) you
should have firsthand experience with the
person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or
abusive, racist, offensive, or hate language;
(3) your reviews should not contain
discriminatory references based on religion,
race, gender, national origin, age, marital
status, sexual orientation, or disability; (4)
your reviews should not contain references to
illegal activity; (5) you should not be
affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions
as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8)
you may not organize a campaign encouraging
others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in
our sole discretion. We have absolutely no
obligation to screen reviews or to delete
reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily
represent our opinions or the views of any of
our affiliates or partners. We do not assume
liability for any review or for any claims,
liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable
right and license to reproduce, modify,
translate, transmit by any means, display,
perform, and/or distribute all content
relating to reviews.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile
application, then we grant you a revocable,
non-exclusive, non-transferable, limited right
to install and use the mobile application on
wireless electronic devices owned or
controlled by you, and to access and use the
mobile application on such devices strictly in
accordance with the terms and conditions of
this mobile application license contained in
these Terms of Use. You shall not: (1) except
as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to
derive the source code of, or decrypt the
application; (2) make any modification,
adaptation, improvement, enhancement,
translation, or derivative work from the
application; (3) violate any applicable laws,
rules, or regulations in connection with your
access or use of the application; (4) remove,
alter, or obscure any proprietary notice
(including any notice of copyright or
trademark) posted by us or the licensors of
the application; (5) use the application for
any revenue generating endeavor, commercial
enterprise, or other purpose for which it is
not designed or intended; (6) make the
application available over a network or other
environment permitting access or use by
multiple devices or users at the same time;
(7) use the application for creating a
product, service, or software that is,
directly or indirectly, competitive with or in
any way a substitute for the application; (8)
use the application to send automated queries
to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our
other intellectual property in the design,
development, manufacture, licensing, or
distribution of any applications, accessories,
or devices for use with the application.
The following terms apply when you use a
mobile application obtained from either the
Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1)
the license granted to you for our mobile
application is limited to a non-transferable
license to use the application on a device
that utilizes the Apple iOS or Android
operating systems, as applicable, and in
accordance with the usage rules set forth in
the applicable App Distributor’s terms
of service; (2) we are responsible for
providing any maintenance and support services
with respect to the mobile application as
specified in the terms and conditions of this
mobile application license contained in these
Terms of Use or as otherwise required under
applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever
to furnish any maintenance and support
services with respect to the mobile
application; (3) in the event of any failure
of the mobile application to conform to any
applicable warranty, you may notify the
applicable App Distributor, and the App
Distributor, in accordance with its terms and
policies, may refund the purchase price, if
any, paid for the mobile application, and to
the maximum extent permitted by applicable
law, the App Distributor will have no other
warranty obligation whatsoever with respect to
the mobile application; (4) you represent and
warrant that (i) you are not located in a
country that is subject to a U.S. government
embargo, or that has been designated by the
U.S. government as a “terrorist
supporting” country and (ii) you are not
listed on any U.S. government list of
prohibited or restricted parties; (5) you must
comply with applicable third-party terms of
agreement when using the mobile application,
e.g., if you have a VoIP application, then you
must not be in violation of their wireless
data service agreement when using the mobile
application; and (6) you acknowledge and agree
that the App Distributors are third-party
beneficiaries of the terms and conditions in
this mobile application license contained in
these Terms of Use, and that each App
Distributor will have the right (and will be
deemed to have accepted the right) to enforce
the terms and conditions in this mobile
application license contained in these Terms
of Use against you as a third-party
beneficiary thereof.
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site
("Submissions") provided by you to us
are non-confidential and shall become our sole
property. We shall own exclusive rights,
including all intellectual property rights, and
shall be entitled to the unrestricted use and
dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You
hereby waive all moral rights to any such
Submissions, and you hereby warrant that any
such Submissions are original with you or that
you have the right to submit such Submissions.
You agree there shall be no recourse against us
for any alleged or actual infringement or
misappropriation of any proprietary right in
your Submissions.
13. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via
the Site) links to other websites
("Third-Party Websites") as well as
articles, photographs, text, graphics,
pictures, designs, music, sound, video,
information, applications, software, and other
content or items belonging to or originating
from third parties ("Third-Party
Content"). Such Third-Party Websites and
Third-Party Content are not investigated,
monitored, or checked for accuracy,
appropriateness, or completeness by us, and we
are not responsible for any Third-Party
Websites accessed through the Site or any
Third-Party Content posted on, available
through, or installed from the Site, including
the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or
other policies of or contained in the
Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or
permitting the use or installation of any
Third-Party Websites or any Third-Party
Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use
or install any Third-Party Content, you do so
at your own risk, and you should be aware
these Terms of Use no longer govern. You
should review the applicable terms and
policies, including privacy and data gathering
practices, of any website to which you
navigate from the Site or relating to any
applications you use or install from the Site.
Any purchases you make through Third-Party
Websites will be through other websites and
from other companies, and we take no
responsibility whatsoever in relation to such
purchases which are exclusively between you
and the applicable third party. You agree and
acknowledge that we do not endorse the
products or services offered on Third-Party
Websites and you shall hold us harmless from
any harm caused by your purchase of such
products or services. Additionally, you shall
hold us harmless from any losses sustained by
you or harm caused to you relating to or
resulting in any way from any Third-Party
Content or any contact with Third-Party
Websites.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the
law or these Terms of Use, including without
limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to,
limit the availability of, or disable (to the
extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our
sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise
disable all files and content that are excessive
in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property
and to facilitate the proper functioning of the
Site.
15. PRIVACY POLICY
We care about data privacy and security. Please
review our Privacy Policy:
https://snogweb.com/privacy.html. By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these
Terms of Use. Please be advised the Site is hosted
in India. If you access the Site from any other
region of the world with laws or other
requirements governing personal data collection,
use, or disclosure that differ from applicable
laws in
India, then through your continued use of the
Site, you are transferring your data to
India, and you agree to have your data transferred to
and processed in
India.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of
others. If you believe that any material available
on or through the Site infringes upon any copyright
you own or control, please immediately notify us
using the contact information provided below (a
“Notification”). A copy of your
Notification will be sent to the person who posted
or stored the material addressed in the
Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if
you make material misrepresentations in a
Notification. Thus, if you are not sure that
material located on or linked to by the Site
infringes your copyright, you should consider first
contacting an attorney.
These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and
creating a new account under your name, a fake
or borrowed name, or the name of any third
party, even if you may be acting on behalf of
the third party. In addition to terminating or
suspending your account, we reserve the right to
take appropriate legal action, including without
limitation pursuing civil, criminal, and
injunctive redress.
We reserve the right to change, modify, or remove
the contents of the Site at any time or for any
reason at our sole discretion without notice.
However, we have no obligation to update any
information on our Site. We also reserve the right
to modify or discontinue all or part of the Site
without notice at any time. We will not be liable
to you or any third party for any modification,
price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at
all times. We may experience hardware, software,
or other problems or need to perform maintenance
related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason
without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access
or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms
of Use will be construed to obligate us to
maintain and support the Site or to supply any
corrections, updates, or releases in connection
therewith.
These Terms shall be governed by and defined
following the laws of India. Broken Pie Private
Limited and yourself irrevocably consent that the
courts of
India shall
have exclusive jurisdiction to resolve any dispute
which may arise in connection with these
terms.
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of
Use (each "Dispute" and collectively,
the “Disputes”) brought by either you
or us (individually, a “Party” and
collectively, the “Parties”), the
Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided
below) informally for at least fifteen (15) days
before initiating arbitration. Such informal
negotiations commence upon written notice from one
Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with
this contract, including any question regarding its
existence, validity, or termination, shall be
referred to and finally resolved by the
International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of
this ICAC, which, as a result of referring to it, is
considered as the part of this clause. The number of
arbitrators shall be two (2). The seat, or legal
place, of arbitration shall be Guwahati, India. The
language to be used in the arbitral proceedings
shall be English, Hindi, Assameese. The governing
law of the contract shall be the substantive law of
India.
Restrictions
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties
individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be
brought in a purported representative capacity on
behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are
not subject to the above provisions concerning
informal negotiations and binding arbitration: (a)
any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found
to be illegal or unenforceable and such Dispute
shall be decided by a court of competent
jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and
various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and
to change or update the information on the Site at
any time, without prior notice.
22. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING THE ONE (1) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents,
partners, and employees, from and against any loss,
damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made
by any third party due to or arising out of: (1)
your Contributions; (2) use of the Site; (3)
breach of these Terms of Use; (4) any breach of your
representations and warranties set forth in these
Terms of Use; (5) your violation of the rights of a
third party, including but not limited to
intellectual property rights; or (6) any overt
harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any
matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification
upon becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to
the Site for the purpose of managing the performance
of the Site, as well as data relating to your use of
the Site. Although we perform regular routine
backups of data, you are solely responsible for all
data that you transmit or that relates to any
activity you have undertaken using the Site. You
agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby
waive any right of action against us arising from
any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Site, sending us emails, and completing
online forms constitute electronic communications.
You consent to receive electronic communications,
and you agree that all agreements, notices,
disclosures, and other communications we provide
to you electronically, via email and on the Site,
satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You hereby waive any rights or
requirements under any statutes, regulations,
rules, ordinances, or other laws in any
jurisdiction which require an original signature
or delivery or retention of non-electronic
records, or to payments or the granting of credits
by any means other than electronic means.
27. MISCELLANEOUS
These Terms of Use and any policies or operating
rules posted by us on the Site or in respect to the
Site constitute the entire agreement and
understanding between you and us. Our failure to
exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such
right or provision. These Terms of Use operate to
the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others
at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control.
If any provision or part of a provision of these
Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the
provision is deemed severable from these Terms of
Use and does not affect the validity and
enforceability of any remaining provisions. There is
no joint venture, partnership, employment or agency
relationship created between you and us as a result
of these Terms of Use or use of the Site. You agree
that these Terms of Use will not be construed
against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute
these Terms of Use.
28. CONTACT US
In order to resolve a complaint regarding the Site or
to receive further information regarding use of
the Site, please contact us at:
Broken Pie Private Limited
1st Floor, HN 9, Sarvodaya Path, ABC
Guwahati 781005
India
Phone: 18008916355