Welcome to the Terms of Service.
This is a legal agreement between you and Quest Mercury Intermedia Private Ltd, running the website Futurescopes.com and hereafter referred to as the "Company" governing your use of the Company's websites.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE "TERMS OF SERVICE" OR "TERMS") CAREFULLY. BY ACCESSING IT OR USING THIS WEBSITE FUTURESCOPES.COM OR ANY OTHER WEBSITES OF QUEST MERCURY INTERMEDIA PRIVATE LIMITED WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE "WEBSITE") IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE, ENABLED OR OFFERED BY COMPANY (EACH, A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS (IF REQUIRED), SUBMITTING ANY CONTENT OR QUESTIONS, AND/OR MERELY BROWSING THE WEBSITE, YOU ("MEMBER" OR "YOU") AGREE THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE WITHOUT MODIFICATION, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
THE SERVICES MAY CONSIST OF THE FOLLOWING, WITHOUT LIMITATION: ASTROLOGICAL CONTENT, REPORTS, TAROT READINGS, FORTUNES, NUMEROLOGY, CONSULTATIONS AND LIVE TELEPHONE CONSULTATIONS. THE WEBSITE ACTS SOLELY AS AN INTERFACE TO FACILITATE COMMUNICATIONS INITIATED BETWEEN CLIENTS AND ADVISORS, TO HOST CONTENT, PROVIDE REPORTS AND FACILITATE CONSULTATION BETWEEN CLIENTS AND ADVISORS. THE ADVISORS MAY OR MAY NOT BE EMPLOYEES OF THE COMPANY.
THE COMPANY DOES NOT VERIFY THE DEGREES, QUALIFICATIONS, CREDENTIALS OR BACKGROUND OF THE ADVISORS. COMPANY DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION OR OTHER SERVICES PROVIDED BY THE ADVISORS OR BY THE COMPANY, NOR DOES IT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY ADVICE PROVIDED BY THE ADVISORS.
UPDATES TO THESE TERMS
WE MAY AMEND THESE TERMS OF SERVICE AT ANY TIME IN OUR DISCRETION. PLEASE CHECK THE "LAST UPDATED" LEGEND AT THE TOP OF THIS PAGE TO SEE WHEN THESE TERMS OF SERVICE WERE LAST REVISED. A CURRENT VERSION OF THIS AGREEMENT SHOWING THE EFFECTIVE DATE IS ALWAYS AVAILABLE AT THIS LOCATION. WE ENCOURAGE YOU TO PERIODICALLY REVIEW THESE TERMS TO SEE IF THERE HAVE BEEN ANY CHANGES THAT MAY AFFECT YOU. CHANGES TO THESE TERMS WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF THE SITE OR ASSOCIATED SERVICES. ALL CHANGES TO THESE TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEBSITE, WITHOUT ANY DELAY. IF YOU DO NOT AGREE TO THE REVISED TERMS OF SERVICE, YOU MUST DISCONTINUE USING THE WEBSITE AND ASSOCIATED SERVICES. YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE OR SERVICES AFTER NOTICE OF SUCH CHANGES TO THE TERMS SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGES.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the "Terms."
AUTHORIZED USE
Your right to use the Applications, the Website, the Services, and all Content and Services made available by the Company, its suppliers, and/or advertisers on or in, or purchased through, the Company Properties (collectively, the "Company Properties") is personal to you. You are permitted to use the Company Properties solely for your own personal use. You are solely responsible for the contents of your transmissions through the Company Properties. Your use of the Company Properties is subject to all applicable local, state, national and international laws and regulations. You agree:
(a) to comply with all applicable statutes, orders, regulations, rules, and other laws, including such laws regarding the transmission of technical data exported from India through the Company Properties;
(b) not to use the Company Properties for any fraudulent or illegal purposes;
(c) not to take any action to interfere with the Website or any other user's use of the Website and to respect the rights and dignity of others;
(d) not to interfere or disrupt networks connected to the Company;
(e) to comply with all applicable regulations, policies and procedures of networks connected to the Company Properties;
(f) not to use any data mining, robots or similar data gathering and extraction methods in connection with the Company Properties;
(g) not to post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
(h) not to reproduce, duplicate or copy any portion of the Website, except as authorized by this Agreement;
(i) not to sell, resell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Website without the prior written consent of the Company;
(j) not to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
(k) not to post or otherwise transmit messages that may tend to restrain trade, or encourage or facilitate an agreement on: prices, discounts, terms or conditions of sale; allocation of markets or territories; or selection, rejection, or termination of business relationships or suppliers;
(l) not to remove any copyright, trademark or other proprietary rights notice from the Website or other Company Properties;
(m) not to violate or attempt to violate the security of the Website;
(n) not to disseminate on the Website any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
(p) not to assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Website.
(q) not to frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of the Company;
(r) not to use any metatags or other "hidden text" using the Company's name or trademarks;
(s) not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(t) not to use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); and
(u) not to access the Company Properties in order to build a similar or competitive website, application or service.
INTELLECTUAL PROPERTY RIGHTS
Other than content provided by Members, all content ("Content") available through the Website is protected by copyrights, trademarks or other proprietary rights and laws. "Content" includes, but is not limited to text, software, music, sound, photographs, video, graphics or other materials, and "Company Content" includes, but is not limited to, all Content and Services made available by the Company, its suppliers, and/or advertisers on or in, or purchased through, the Company Properties. Subject to the Terms, the Company grants you a limited license to reproduce and display portions of the Company Properties in connection with viewing the Website and using the Services for your own personal purposes. You are not permitted to copy, use, reproduce, distribute, perform, display or create derivative works from the Company Properties unless expressly authorized by the Company.
Any rights not expressly granted herein are reserved.
USER-SUBMITTED INFORMATION
You are responsible for any Content that you upload, post, email, transmit or otherwise make available on or through the Company Properties, whether publicly posted or privately transmitted. You agree, represent and warrant that any Content you transmit through our Website or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post or otherwise make available on or through the Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission. We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us. Please note that any unsolicited Content sent to the Company will be deemed not to be confidential or proprietary.
You agree not transmit through our Website on or through the Company Properties any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. We may (but have no obligation to) to remove any Content you transmit through our Website for any reason (or no reason). In addition, if we become aware of any possible violations by you of any provisions of the Terms, we reserve the right to investigate such violations and we may, at our sole discretion, immediately terminate your license to use the Company Properties, or change, alter, or remove Content you transmit through our Website, in whole or in part, without prior notice to you.
By submitting Content, other than personally identifiable information, you grant to the Company (or warrant that the owner of such Content has expressly granted to the Company) a non-exclusive, worldwide, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or any other right of any third party: your provision of content to the Company, your posting of content using the Services, and the use of such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with these Terms.
REGISTRATION
Services
Although portions of the Company Content may be viewed simply by browsing the Company Properties (the "General Services"), in order to access some of the personalized astrological features and/or receive additional Company Content and Services (including email-based Services) from the Company (the "Personalized Services"), you need to register with us. The General Services and the Personalized Services are referred to collectively in these Terms of Service as the "Services."
In consideration for the Personalized Services, you agree to:
(a) provide certain current, complete, and accurate information about yourself as prompted to do so by the Company and
(b) maintain and update this information as required to keep it current, complete and accurate. All information that we request and you provide on original sign-up, and all updates thereto, are referred to in these Terms of Service as "Registration Data."
You acknowledge that some of the Services and Content are provided by third party suppliers and not by the Company.
The Company reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Website and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Eligibility.
The Company does not permit the Services to be used by temporarily or indefinitely suspended users. In addition, the Company does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with India or its citizens. If you do not qualify, do not use the Services.
User Registration Data.
Upon registration, including your provision of Registration Data, you will receive a Company identification ("ID") and a password. You are entirely responsible if you do not maintain the confidentiality of your ID and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You may change your password by following instructions on the Website. You agree that your account, ID and password may not be transferred or sold to another party. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security known to you.
Access to your account.
In order to ensure the Company is able to provide high quality services, respond to user needs, and comply with laws, you hereby consent to the Company employees and agents accessing your account and Registration Data on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
Termination of your account.
The Company may modify or discontinue (in whole or in part) the Services or your account with us, with or without notice, for any reason without liability to you, any other user, or any third party. Without limiting the foregoing, we reserve the right to terminate your account immediately (a) if we are unable to verify or authenticate your Registration Data or other information provided by you, (b) if we believe that your actions may cause legal liability for you, the Company, or all or some of our other users, or (c) if we believe you have (i) provided us with false or misleading Registration Data or other information, (ii) interfered with other users or the administration of the Services, or (iii) violated the Terms.
FEES AND PURCHASE TERMS
Payment.
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We use a third party payment gateways (Payment Provider) via which you can make payments using most credit cards, net banking, UPI or other methods as available.
Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Company Properties or by e-mail delivery to you.
We reserve the right to accept or decline requests for consultation and/or reports to any client without assigning any reason whatsoever. If we decline a request and payment has already been received, a refund will be issued.
No part of our readings, reports or consultations may be discussed on social media, print media or anywhere where it is accessible to anyone other than the person for whom such readings, reports or consultations were intended. Doing so make make you ineligible for future consultations.
Taxes.
Prices indicated on the website may not include taxes such as Goods and Services Tax (GST) which may be in addition to the prices mentioned and collected at the time of the order.
Disputes.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: accounts@questmercury.com
UPDATES TO THE COMPANY PROPERTIES
You understand that the Company Properties are evolving. We may make improvements and/or changes to the Website, add new features, or terminate the Website at any time without notice. As a result, the Company may require you to accept updates to the Company Properties that you have installed on your computer or mobile device. You acknowledge and agree that at any time and from time to time the Company may update the Company Properties without any notice or liability to you or any other person. You may also need to update third-party software from time to time in order to use the Company Properties. We do not warrant that information on the Website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
THIRD PARTY SERVICES
Third Party Websites, Content and Ads.
The Company Properties contain (or you may be sent through the Company Properties) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, applications, and other content belonging to or originating from third parties (the "Third Party Content") and advertisements for third parties ("Third Party Ads"). When you click on a link to a Third Party Site or Third Party Ad or engage with Third Party Content, we will not warn you that you have left the Company Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.
Such Third Party Sites, Third Party Content, and Third Party Ads are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Company Properties or any Third Party Content or Third Party Ads posted on or through the Company Properties, including without limitation the content, validity, truthfulness, completeness, usefulness accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites, Third Party Content, or Third Party Ads, or other Content on our Website other than from an authorized Company representative acting in his or her official capacity. Any information, statements, opinions or other Content provided by third parties and made available on our Website are those of the respective author(s) and not the Company.
Links To Third Party Sites or Third Party Content
Inclusion of or linking to any Third Party Site or any Third Party Content is solely as a convenience to users and does not imply approval or endorsement thereof by us. If you use these links, you will leave our Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Under no circumstance will the Company be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.
The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Company is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of the Company.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Company Properties.
Social Media Pages
The Company may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn and Twitter (collectively, "Social Media Pages"), to provide a place for the public to learn more about the Company and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of the Company. All visitors to our Social Media Pages must comply with the respective social media website's Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.
NO WARRANTY
YOU UNDERSTAND AND AGREE THAT
(a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES ARE PROVIDED "AS-IS" AND WITH ALL FAULTS. COMPANY ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURE TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
(b) USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT AND/OR DATA FROM THE COMPANY PROPERTIES.
(c) THE COMPANY PROPERTIES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY PROPERTIES, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE COMPANY PROPERTIES, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTIES, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES, AND MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COMPANY PROPERTIES SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION.
(d) ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN BY A THIRD PARTY, INCLUDING ADVISORS, ARE THOSE OF THE RESPECTIVE THIRD PARTY, NOT OF COMPANY. NEITHER COMPANY, NOR ANY ADVISORS, ARE EVER (1) PROVIDING FINANCIAL ADVICE OR FUNCTIONING IN ANY WAY AS A LICENSED FINANCIAL ADVISOR; (2) PROVIDING MEDICAL ADVICE OR FUNCTIONING IN ANY WAY AS A LICENSED DOCTOR, NURSE OR MEDICAL PRACTITIONER; OR (3) PROVIDING LEGAL ADVICE OR FUNCTIONING IN ANY WAY AS A LAWYER OR LEGAL ADVISOR. YOU SHOULD CONSULT WITH A LICENSED PROFESSIONAL BEFORE MAKING ANY FINANCIAL, MEDICAL OR LEGAL DECISIONS.
(e) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, COMPANY MAY DELETE YOUR ACCOUNT, ANY E-MAIL OR OTHER COMMUNICATIONS, OR ANY OTHER INFORMATION THEREIN FOR ANY REASON, INCLUDING IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (COLLECTIVELY, "INDIRECT DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, OUR PRIVACY POLICY, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH:
(a) THE USE OF OR THE INABILITY TO USE THE COMPANY PROPERTIES;
(b) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTIES, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES; OR
(c) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA.
THE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS TO YOU OR ANY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, OUR PRIVACY POLICY, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $200.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
NOTICE OF COPYRIGHT INFRINGEMENT
You agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, contractors, and agents (the "Company Parties") from any and all claims, liability, losses, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Company Properties, your violation of these Terms, unsolicited information you provide to the Company through the Website, or your violation of any third party's rights, including without limitation, infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These Terms will inure to the benefit of the Company's successors, assigns, and licensees.
TERMINATION
The Website and this Agreement are in effect until terminated by the Company. In addition to any right or remedy that may be available to the Company under applicable law, the Company may suspend, limit or terminate all or a portion of your access to the Website (or any of its features) or any other Company Properties at any time with or without notice and with or without cause and without liability to you, including without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of the Website or any other Company Properties is terminated pursuant to this Agreement, you will not attempt to use the Website or any Company Properties under any name, real or assumed. You further agree that if you violate this restriction after your use of the Website or Company Properties is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
CHILD PRIVACY
If you are under the age of 18, please do not use or access the Website or Company Properties. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18, and are asked to delete such information from our databases, we will promptly do so.
DISPUTE RESOLUTION; INJUNCTIVE RELIEF
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be settled by binding arbitration. The arbitration shall be conducted in Mumbai, India.
Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of Mumbai and venue in Mumbai for any such proceeding.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
This provision shall survive termination of this Agreement.
INTERNATIONAL USERS
This Website can be accessed from countries around the world and may contain references to the Company Properties and Content that are not available in your country. These references do not imply that the Company intends to announce Company Properties or Content in your country. The Company Properties are controlled and offered by the Company (or its licensees) from external hosting facilities located in the United States of America. The Company Properties are not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of India. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN INDIA. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
GENERAL PROVISIONS
Other Policies and Terms
This Agreement applies exclusively to your access to, and use of, the Website or Company Properties and does not alter in any way the terms or conditions of any other agreement you may have with the Company. Additional policies and terms may apply to use of all or portions of the Website or Company Properties and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including the Company's Privacy Policy.
Electronic Communications
If you provide us with a telephone number, address or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address or email address to contact you. The communications between you and the Company use electronic means, whether you visit the Company Properties or send Company e-mails, or whether the Company posts notices of the Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from or on behalf of the Company in an electronic form, by e-mail or by posting notices on the Website; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. All notices from the Company intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Website. The foregoing does not affect your statutory rights.
Release
You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties.
Assignment
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law
Any dispute in connection with the Site, Company Properties, or these Terms will be governed by the laws of the State of California and the United States of America. This provision shall survive termination of this Agreement.
Choice of Language
The Parties expressly acknowledge that the Terms and all related documents have been drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. Las Partes reconocen expresamente que las condiciones y todos los documentos relacionados se han redactado en Inglés.
Notice
The Company may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, text messaging, posting on the Company Properties, or other reasonable means, now known or hereafter developed. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Waiver
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Severability
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Entire Agreement
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
CONTACTING THE COMPANY & SUBMISSIONS
If you have questions about this Agreement, or if you have technical questions about the operation of the Website, or if you have any questions, suggestions, ideas, feedback, or recommendations about these Terms of Service, the practices of our Website, or your dealings with us, please contact us. The Company alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Company Properties and you hereby assign such submissions to Company free of charge. We may use such submissions as we deem appropriate in our sole discretion.