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1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services
offered at indianceleb.com, owned and operated by Cyber Art Works, is
provided to you under the terms and conditions of this Indian Celeb Terms
of Service, and any operating rules or policies that may be published
by Cyber Art Works at the URL: www.indianceleb.com.
The Indian Celeb Terms of Service comprises the entire agreement between
User and Cyber Art Works and supersedes all prior agreements between the
parties regarding the subject matter contained herein. BY COMPLETING THE
REGISTRATION PROCESS, OR USING THE SITE, YOU INDICATE YOUR AGREEMENT
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. Cyber Art Works
provides User a wide range of service. We will not charge User for the
Service. In consideration for this Service, User agrees to: (1) provide
certain current, complete, and accurate information about User as prompted
to do so by the Service, and (2) maintain and update this information as
required to keep it current, complete and accurate. All information requested
during your original sign-up shall be referred to as "Registration Data."
If any Registration Data provided by User is inaccurate, Cyber Art Works
reserves the right to terminate User's account and rights to use the Service.
User will not use the
Service for "Spamming" or any use of distribution lists to any person
who has not given specific permission to be included in such a process.
If any User uses the Service for Spam, Cyber Art Works reserves the right
to immediately terminate User's access to the Service and to seek appropriate
legal recourse as necessary. If any User believes that others are using
the Service for Spam, please contact us at support@indianceleb.com.
Cyber Art Works will
not send any communications to Users, or non-User, other than as required
for the performance of the Service and for notices pertaining to the Service.
All notices to a party shall be in writing and shall be made via email.
We may broadcast, distribute or display notices or messages through the
Service to inform User of changes to the Indian Celeb Terms of Service,
the Service, or other matters of importance; such broadcast, distributions
or displays shall constitute notice to User. 5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Cyber Art Works
may modify or discontinue the Service with or without notice to User.
We shall not be liable to User or any third party should we modify or
discontinue the Service. We may change the terms and conditions of the
Indian Celeb Terms of Service from time to time. Upon any change in the
terms and conditions of the Indian Celeb Terms of Service, we may notify
User via email, and/or by posting an announcement of the changes and a
link to the new Indian Celeb Terms of Service on the start-up screen upon
User's subsequent use of the Service. User will be asked to review the
new Indian Celeb Terms of Service. User acknowledges and accepts the Indian
Celeb Terms of Service by continuing to use the Service.
It is Cyber
Art Work's policy to respect the privacy of its users. Therefore, Cyber
Art Work will not edit or disclose the contents of User's private communications
unless required to do so by law, or as otherwise stated in Cyber Art Work's
Privacy Policy, or in the good faith belief that such action is necessary
to: (1) conform to the edicts of the law or comply with legal process served
on Cyber Art Works; (2) protect and defend the rights or property of Cyber
Art Work; or (3) act under exigent circumstances to protect the personal
safety of its users or the public. Please see Our Privacy Vow for
more information. User acknowledges and agrees that certain technical processing
of mail messages and their content may be required to: (1) send and receive
messages; (2) conform to connecting networks' technical requirements; (3)
conform to the limitations of the Service; or (4) conform to other similar
requirements.
7. USER ACCOUNT, PASSWORD, AND SECURITY: Once you register
for the Service, you will receive a password and an account. You are responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that occur under
your account. You may change your password at any time by following instructions;
you may also set up a new account at your convenience. User agrees to immediately
notify Cyber Art Works of any unauthorized use of User's account or any
other breach of security known to User.
USER EXPRESSLY
AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYBER ART WORKS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. CYBER ART WORKS MAKES NO WARRANTY
THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CYBER ART WORKS
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN
DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. CYBER ART WORKS MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CYBER ART WORKS OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
CYBER ART WORKS
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF CYBER ART WORKS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR CONTENT
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA.
YOU SPECIFICALLY AGREE THAT CYBER ART WORKS IS NOT RESPONSIBLE OR LIABLE
TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE,
THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE
CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR
ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON
THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS,
RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User's right
to use the Service is personal to User. User agrees not to resell or make
any commercial use of the Service without the express consent of Cyber
Art Works.
Cyber Art Works
reserves the right, but does not assume the responsibility, to monitor
or review User conduct on the Service. User's use of the Service is subject
to all applicable local, state, national and international laws and regulations.
User agrees: (1) to comply with INDIAN law regarding the transmission of
technical data exported from INDIA through the Service; (2) not to use
the Service for illegal purposes (including without limitation, gambling
or betting); (3) not to interfere or disrupt networks connected to the
Service; and (4) to comply with all regulations, policies and procedures
of networks connected to the Service. The Service makes use of the Internet
to send and receive certain messages; therefore, User's conduct is subject
to Internet regulations, policies and procedures.
User is solely responsible
for any data, text, software, music sound, photographs, graphics, video,
messages or other materials ("Content") which is transmitted, posted,
or distributed by User through the Service, including but not limited
to the contents of User's email communications and photos posted by User
on the Indian Celeb Site or through the Service. All Content whether publicly
posted or privately transmitted, is the sole responsibility of the person
from which such Content originated. This means that User, and not Cyber
Art Works, is entirely responsible for all Content that User uploads,
posts, emails or otherwise transmits via the Service. Cyber Art Works
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. User
understands that by using the Service, User may be exposed to Content
that may be offensive, indecent or objectionable. Under no circumstances
will Cyber Art Works be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
User agrees to indemnify
and hold Cyber Art Works, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of User's
use of the Service, the violation of this Indian Celeb Terms of Service
by User, or the infringement by User (or other user of the Service using
User's computer) of any intellectual property or other right of any person
or entity. Either party
may terminate the Service with or without cause at any time and effective
immediately upon written notice to the other party. Cyber Art Works may
terminate the Service or User's use of the Service with or without cause
at any time and effective immediately, at Cyber Art Work's sole discretion,
including but not limited to immediate termination of User's use of the
Service should User's conduct fail to conform with these terms and conditions
of the Indian Celeb Terms of Service, including but not limited to the
terms of conduct set forth in Section 10. Cyber Art Works shall not be
liable to User or any third party for termination of Service. Should User
object to any terms and conditions of the Indian Celeb Terms of Service
or any subsequent modifications thereto or become dissatisfied with the
Service in any way, User's only recourse is to immediately: (1) discontinue
use of the Service; (2) terminate Service registration; and (3) notify
Cyber Art Works of termination. Upon termination of the Service, User's
right to use the Service and Software shall cease immediately. User shall
have no right and Cyber Art Works will have no obligation thereafter to
forward any unread or unsent messages to User or any third party. Sections
8, 9, 13, and 14 - 19 shall survive termination of the Indian Celeb Terms
of Service. 15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS: User may enter
into correspondence with or participate in promotions of the advertisers
who show their products and/or services on the Indian Celeb Site. Any
such correspondence or promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are
solely between the corresponding User and Indian Celeb Site. Evite assumes
no liability, obligation or responsibility for any part of any such correspondence
or promotion. 16. PROPRIETARY RIGHTS TO CONTENT: User acknowledges
that Content, contained in either sponsor advertisements or distributed
via email, commercially produced information presented to User by the
Service by Cyber Art Works or Indian Celeb Site, is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
User is permitted to use the Cyber Art Works Content or Indian Celeb Site
Content as expressly authorized by the Cyber Art Works or the Indian
Celeb Site. User may not copy, reproduce, distribute, or create derivative
works from the Cyber Art Works Content or Indian Celeb Site Content without
expressly being authorized to do so by Cyber Art Works or Indian Celeb
Site. You may make a copy of the Cyber Art Works Content or Indian Celeb
Site Content for your personal, noncommercial use only, provided that
you keep all copyright or other proprietary notices intact.
Subject to the
terms of Indian Celeb's privacy policy, User agrees that upon posting
any Content on the Service or the Indian Celeb Site, including but not
limited to text and photographs, User grants to Cyber Art Works, and its
successors and assigns, a non-exclusive, worldwide, royalty free, perpetual,
non-revocable license under your copyrights or other intellectual property
rights, if any, in and to the content, to distribute, display, and reproduce
such content to other users of the Service. User also grants Cyber Art
Works the right to authorize the downloading and printing in whole or
in part of any content that you have posted to the Indian Celeb Site,
by end users for their personal use. The Indian Celeb
Terms of Service shall be governed by and construed in accordance with
the laws of the Indian State, excluding its conflict of law provisions.
User and Cyber Art Works agree to submit to the exclusive jurisdiction
of Mumbai High Court. If any provision(s) of the Indian Celeb Terms of
Service is held by a court of competent jurisdiction to be contrary to
law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining
in full force and effect. Cyber Art Work's failure to exercise or enforce
any right or provision of the Indian Celeb Terms of Service shall not
constitute a waiver of such right or provision unless acknowledged and
agreed to by Cyber Art Works in writing. User and Cyber Art Works agree
that any lawsuit arising out of or related to this Service must commence
within one (1) year after the cause of action arose; otherwise, such cause
of action is permanently barred. The section titles in the Indian Celeb
Terms of Service are solely used for the convenience of the parties and
have no legal or contractual significance. It is the express
wish of the parties that the Indian Celeb Terms of Service and all related
documents have been drawn up in English. |
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