Terms of use
PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. This Agreement is made
between mulaaka.com and you as a site visitor and /or Member ("You").
This Agreement setforth the legally binding terms of your use of the BigAdda.com
website at its services located at URL www.mulaaka.com.
By using and/or visiting this website ("Mulaaka"), (collectively, including all
content available through the Mulaaka.com domain name, the "Mulaaka Website", or
"Website",) you signify your assent to both these terms and conditions ("Terms of
Use") and the terms and conditions of Mulaaka’s Privacy Policy which are
published, and which are incorporated herein for reference. In addition, when using
particular services provided by us such as viewing any clips, or participating in
any contests, you shall be subject to any additional guidelines or rules applicable
to such services. Kindly print these terms of use or save a copy of these terms
of service for your records. If you do not agree to any of these terms, then please
do not use the Mulaaka website.
1.
THE PROVISIONS
GOVERNING YOUR USE OF THE Mulaaka WEBSITE.
Mulaaka.com is an online youth networking site having its principal place of business
at Roland Technology Solution,F2,Vinayaga Flats,No. 1,Vellala Street, Kodambakkam,Chennai
600 024. The Mulaaka Website is hosted in
Indiaand is subject to the laws governing the
Republic
of India
.
You are only authorized to use the Mulaaka Website (regardless of whether your access
or use is intended) if you agree to abide by all applicable laws and to these Terms
of Use and the privacy policy referred to in Clause 1 above . . We reserve the right
at any time to: change the terms of this Agreement; change the Services, including
eliminating or modifying any content on or feature of the Site; or change/charge
any fees or charges for use of the Services. Any changes we make will be effective
immediately on notice, which we may give either by posting the new Agreement on
the Site or via electronic mail. Your use of the Services after such notice will
be deemed acceptance of such changes. Be sure to review this Agreement periodically
to ensure your familiarity with the most current version. You will always be able
to tell when the version was last updated by checking the "Last Revised" date in
the header of this agreement.
Please note that these Terms of Use apply to all Users of the Mulaaka Website, including
Users who are also contributors of video content, information, and other materials
or services on the Mulaaka Website. The Mulaaka Website may contain links to third
party websites that are not owned or controlled by Mulaaka. Mulaaka has no control
over, and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, Mulaaka will not and cannot censor or
edit the content of any third-party site. By using the Website, you expressly relieve
Mulaaka from any and all liability arising from your use of this Website and any
third-party website as aforesaid. Accordingly, we encourage you to be aware when
you move out of the Mulaaka Website and to read the terms and conditions and privacy
policy of each other website that you visit.
a.
You are solely responsible for the content including
without limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") that you post on the Mulaaka
Website, and any material or information that you transmit to other Members and
for your interactions with other Users. Mulaaka does not endorse and has no control
over the Content. Content is not necessarily reviewed by Mulaaka prior to posting
and does not necessarily reflect the opinions or policies of Mulaaka. Mulaaka makes
no warranties, express or implied, as to the Content or to the accuracy and reliability
of the Content or any material or information that you transmit to other Members.
b.
Mulaaka hereby grants you permission to use the Website as set
forth in these terms of use, provided that: (i) your use of the Website as permitted
is solely for your personal, noncommercial use; (ii) you will not copy or distribute
any part of the Website in any medium without Mulaaka's prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Use.
c.
In order to access some features of the Website, you will have
to create an account. 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 Mulaaka immediately of any
breach of security or unauthorized use of your account. Although Mulaaka will not
be liable for your losses caused by any unauthorized use of your account, you may
be liable for the losses of Mulaaka or others due to such unauthorized use. In consideration
of your use of the Site and Services, you agree, where information is requested,
to provide true, accurate, current, and complete information about yourself, and
to maintain and update it promptly. You agree that if any information you provide
is false, inaccurate, not current, or incomplete, we may terminate your use of the
Site and/or the Services. You are responsible for maintaining the confidentiality
of your password, and agree not to transfer your use of or access to the Site or
Services to any third party. You are fully responsible for all activities that occur
under your password or user name, including, without limitation, purchases. You
agree to (a) immediately notify us of any unauthorized use of your password or user
name or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. We are not liable for any loss or damage arising from
your failure to comply with all of the foregoing obligations.
d.
KINDLY NOTE THAT MULAAKA PROHIBITS PORNOGRAPHY
ON ITS SITE. Please choose carefully the information you post on the Mulaaka Website
and that you provide to other Users. Your Mulaaka profile must not include any photographs
containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit
or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS
WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any
user or member who publishes or transmits or causes to be published in the electronic
form, any material which is lascivious or appeals to the prurient interest or if
its effect is such as to tend to deprave and corrupt people who are likely, having
regard to all relevant circumstances, to read, see or hear the matter contained
or embodied in it shall be strictly treated under the provision 67 of the Information
Technology Act 2000
http://www.naavi.org/importantlaws/itbill2000/ch11.html
and as per the provisions of Indian Penal Code and other appropriate statutes applicable
in that scenario. Despite this prohibition, information provided by other Members
(for instance, in their profile) may contain inaccurate, inappropriate, offensive
or sexually explicit material, products or services, and Mulaaka assumes no responsibility
or liability for this material. If you become aware of misuse of the services provided
by Mulaaka by any person, please contact us at info@Mulaaka.com
or click on the "Report Abuse" link located at footer of
every page on Mulaaka.com.
e.
Mulaaka reserves the right, in its sole discretion, to reject,
refuse to post or remove any Content (including private messages) posted by you,
or to restrict, suspend, or terminate your access to all or any part of the Mulaaka
Website at any time, for any or no reason, with or without prior notice, and without
liability. Mulaaka expressly reserves the right to remove your profile and/or restrict,
suspend, or terminate your access to any part of the Mulaaka Website if Mulaaka
determines, in its sole discretion, that you pose a threat to Mulaaka and/or its
Users.
f.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request messages to the Mulaaka servers
in a given period of time than a human can reasonably produce in the same period
by using a convention on-line web browser. Notwithstanding the foregoing, Mulaaka
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such materials. Mulaaka
reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication systems provided by
the Website for any commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website with respect to their User Submissions
(defined below).
g.
Use of and membership in the Mulaaka Website is void where prohibited.
By using the Mulaaka Website, you represent and warrant that (a) you are 16 years
of age or above (b) your use of the Mulaaka Website does not violate any applicable
law or regulation. Your profile may be deleted and your membership may be terminated
without warning, if we believe that you are less than 16 years of age.
h. Below 18
The Site is NOT directed to or intended for people under the age of 18 (Eighteen).
Users less than Eighteen (18) years of age may not register to use the Site. Mulaaka
does not knowingly collect any personal information from users under the age of
Eighteen. If you are a parent of a child under the age of Eighteen and you have
questions about our Site or Privacy Policy, please feel free to contact the Mulaaka
Privacy Coordinator at
info@Mulaaka.com.
Those between the age of Sixteen and Eighteen are to provide either of their parents
Email ID and an Email will be send informing that their ward has registered himself/herself
to use the Mulaaka.com services. Parent of such wards will be legally bound by any
acts/deeds/Violation of Mulaaka.com Terms of Use & Privacy Policy by their wards.
These Terms of Use shall remain in full force and effect while you use the Mulaaka
Website or continue to be a Member. You may terminate your membership at any time,
by simply writing in at
info@Mulaaka.com. Mulaaka may terminate your membership at any
time, without warning. Even after membership is terminated, these Terms of Use will
remain in effect and continue to bind you accordingly.
i.
You acknowledge that Mulaaka reserves the right
to charge for the services on the Mulaaka Website and to change its fees from time
to time at its discretion. If Mulaaka terminates your membership because you have
breached these Terms of Use, you shall not be entitled to the refund of any unused
portion of subscription fees.
j.
The Mulaaka Website including the services provided
on the Website are for the personal use of Members only and may not be used in connection
with any commercial endeavors except those that are specifically endorsed or approved
by Mulaaka. Illegal and/or unauthorized use of the Mulaaka Website, including collecting
usernames and/or email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or linking to the
Mulaaka Website is prohibited. Commercial advertisements, affiliate links, and other
forms of solicitation may be removed from Member profiles without notice and may
result in termination of membership privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of the Mulaaka services.
2.
INTELLECTUAL
PROPERTY RIGHTS
The content on the Mulaaka Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
Mulaaka, subject to copyright and other intellectual property rights under Indian
laws and conventions. Content on the Website is provided to you AS IS for your information
and personal use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners and Mulaaka.
Mulaaka reserves all rights not expressly granted in and to the Website and the
Content. You agree not to engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website for
any commercial purposes. You agree not to circumvent, disable or otherwise interfere
with security related features of the Mulaaka Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the Mulaaka
Website or the Content therein.
3.
IMPORTANT
USAGE CONDITIONS AND RELATED PROVISIONS
a.
The Mulaaka Website may now or in the future permit the submission
of videos or other communications submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Mulaaka does not guarantee
any confidentiality with respect to any submissions.
b.
You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that:
i.
you own or have the necessary licenses, rights, consents,
and permissions to use and authorize Mulaaka to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these terms of use; and
ii.
you have the written consent, release, and/or permission
of each and every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the Website
and these terms of use. For clarity, you retain all of your ownership rights in your
User Submissions. However, by submitting the User Submissions to Mulaaka,
you hereby grant Mulaaka a worldwide, non-exclusive, royalty-free, sublicense-able
and transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the Mulaaka Website
and Mulaaka 's (and its successor's) business, including without limitation for
promoting and redistributing part or all of the Mulaaka Website (and derivative
works thereof) in any media formats and through any media channels. You also hereby
grant each user of the Mulaaka Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as permitted through the functionality
of the Website and under these terms of use.
c. In connection with User Submissions, you further
agree that you will not:
i. submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have written permission from
their rightful owner to post the material and to grant
Mulaaka all of the license
rights granted herein;
ii. publish falsehoods or misrepresentations that could damage
Mulaaka or any third party;
iii. submit material that is unlawful, obscene, defamatory, libelous,
scandalous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, or is otherwise inappropriate;
iv.
post advertisements or solicitations of business:
v.
impersonate another user.
Mulaaka
does not endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Mulaaka expressly disclaims
any and all liability in connection with User Submissions. Mulaaka
does not permit copyright infringing activities and infringement of intellectual
property rights on its Website, and Mulaaka
will remove all Content and User Submissions if properly notified that such Content
or User Submission infringes on another's intellectual property rights.
Mulaaka reserves the right to remove Content
and User Submissions without prior notice. Mulaaka will also terminate a User's
access to its Website, if they are determined to be a repeat infringer. A repeat
infringer(except in the case of pornographic content) is a User who has been notified
of infringing activity more than twice and/or has had a User Submission removed
from the Website more than twice.
Mulaaka also
reserves the right to decide whether Content or a User Submission is appropriate
and complies with these Terms of Use for violations other than copyright infringement
and violations of intellectual property law, such as, but not limited to, pornography,
obscene, scandalous or defamatory material, of excessive length.
Mulaaka may remove such
User Submissions and/or terminate a User's access for uploading such material in
violation of these Terms of Use at any time, without prior notice and at its sole
discretion.
d.
In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes upon your copyrights,
you may submit a notification of the same to
info@mulaaka.com with the following
information in writing:
i. A physical or electronic signature of a user authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that site;
iii.
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
iv.
Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available, an electronic
mail;
v.
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
vi.
A statement that the information in the notification is accurate,
and under penalties of misrepresentation and other applicable laws, that you are
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
e.
You understand that when using the
Mulaaka Website, you will be exposed to User Submissions from a variety
of sources, and that Mulaaka is
not responsible for the accuracy, usefulness, safety, or intellectual property rights
of or relating to such User Submissions. You further understand and acknowledge
that you may be exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against Website with respect thereto, and
agree to indemnify and hold Mulaaka,
its owners/operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
f.
Mulaaka permits you to link to materials on the Website
for personal, non-commercial purposes only. In addition, Mulaaka provides an "Embeddable
Player" feature, which you may incorporate into your own personal, non-commercial
websites for use in accessing the materials on the Mulaaka Website, provided that
you include a prominent link back to the Mulaaka
Website on the pages containing the Embeddable Player.
Mulaaka reserves the right to discontinue any aspect of the
Mulaaka Website at any time.
g.
The following is a partial list of the kind of Content that
is illegal or prohibited to post on or through the
Mulaaka services. Mulaaka
reserves the right to investigate and take appropriate legal action against anyone
who, in Mulaaka 's sole discretion,
violates this provision, including without limitation, removing the offending communication
from the Mulaaka Website and terminating
the membership of such violators. Prohibited Content includes, but is not limited
to Content that, in the sole discretion of
Mulaaka:
1.
is
patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
2.
harasses
or advocates harassment of another user;
3.
exploits
people in a sexual or violent manner;
4.
contains
nudity, violence, or offensive subject matter or contains a link to an adult website;
5.
solicits
personal information from anyone under 18;
6.
provides
any telephone numbers, addresses, last names, URLs or email addresses;
7.
promotes
information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.
promotes
an illegal or unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
9.
involves
the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant
messaging, "spimming," or "spamming";"phishing"
10.
contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
11.
furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
12.
solicits passwords or personal identifying information for commercial or unlawful
purposes from other Users;
13.
involves commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
14.
includes a photograph of another person that you have posted without that person's
consent; or
15.
for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the profile.
16.
criminal or tortures activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming, sending
of viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
17.
advertising to, or solicitation of, any Member to buy or sell any products or services
through the Mulaaka services. You
may not transmit any chain letters or junk email to other Members. It is also a
violation of these rules to use any information obtained from the
Mulaaka Website in order to contact, advertise to, solicit, or sell to
any Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, Mulaaka.com reserves the right to restrict
the number of emails which a Member may send to other Members in any 24-hour period
to a number which Mulaaka deems appropriate in its sole discretion. If you breach
any provisions of these Terms of Use and send unsolicited bulk email, instant messages
or other unsolicited communications of any kind through the
Mulaaka Website, you acknowledge that you will have caused substantial
harm to Mulaaka, but that the amount
of such harm would be extremely difficult to ascertain.
18.
covering or obscuring the banner advertisements on your personal profile page, or
any Mulaaka page via HTML/CSS or
any other means;
19.
any automated use of the system, such as using scripts to add friends or send comments
or messages;
20.
interfering with, disrupting, or creating an undue burden on the
Mulaaka Website or the networks or services connected to
Mulaaka ;
21.
attempting to impersonate another Member or person;
22.
for band profiles, copying your Mulaaka
code and embedding it into other profiles or asking other Members to embed it into
their profiles;
23.
using the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your account;
24.
selling or otherwise transferring your profile;
25.
using any information obtained from the Mulaaka
Website in order to harass, abuse, or harm another person;
26.
displaying an advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any commercial activity
on or through the Mulaaka Website
on behalf of that person, such as placing commercial content on your profile, posting
blogs or bulletins with a commercial purpose, selecting a profile with a commercial
purpose, or sending private messages with a commercial purpose; or
27.
using the Mulaaka Website in a manner
inconsistent with any and all applicable laws and regulations.
h. You are solely responsible for your interactions with other
Mulaaka a Members.
Mulaaka reserves the right, but has no obligation, to monitor disputes
between you and other Members.
i.
Use of the
Mulaaka Website is also governed by our privacy policy, which is incorporated
into these Terms of Use by this reference.
4.
DISCLAIMERS.
YOU AGREE THAT YOUR USE OF THE BIGADDA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, BIGADDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. BIGADDA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE BIGADDA WEBSITE. BIGADDA DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE BIGADDA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND BIGADDA WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
INCLUSION OF ANY LINKED WEBSITE ON THE BIGADDA WEBSITE DOES NOT IMPLY APPROVAL OR
ENDORSEMENT OF THE LINKED WEBSITE BY BIGADDA. WHEN YOU ACCESS THESE THIRD-PARTY
SITES, YOU DO SO AT YOUR OWN RISK. BIGADDA TAKES NO RESPONSIBILITY FOR THIRD PARTY
ADVERTISEMENTS WHICH ARE POSTED ON THE BIGADDA WEBSITE OR THROUGH THE BIGADDA SERVICES,
NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS.
BIGADDA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER
OF THE BIGADDA SERVICES. BIGADDA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF,
ANY USER OR MEMBER COMMUNICATION. BIGADDA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR
TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS,
SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS
DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE
BIGADDA SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS
OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION
WITH THE BIGADDA SERVICES. UNDER NO CIRCUMSTANCES SHALL BIGADDA BE RESPONSIBLE FOR
ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE
BIGADDA SERVICES, ATTENDANCE AT A BIGADDA EVENT, FROM ANY CONTENT POSTED ON OR THROUGH
THE BIGADDA SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE BIGADDA SERVICES,
WHETHER ONLINE OR OFFLINE. THE BIGADDA SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE
AND BIGADDA EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. BIGADDA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC
RESULTS FROM USE OF THE BIGADDA SERVICES.
5.
LIMITATION
OF LIABILITY
IN NO EVENT SHALL BIGADDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE BIGADDA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BIGADDA SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Mulaaka
from its facilities in
India
. Mulaaka makes no representations
that the Mulaaka Website is appropriate
or available for use in other locations. Those who access or use the
Mulaaka Website from other jurisdictions do so at their own volition
and are responsible for compliance with applicable laws.
6.
INDEMNITY
You agree to defend, indemnify and hold harmless
Mulaaka, its parent corporation, officers, directors, employees and agents,
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: (i) your use of and access to the Mulaaka
Website; (ii) your violation of any term of these Terms of Use; (iii) your violation
of any third party right, including without limitation any copyright, property,
or privacy right; or (iv) any claim that one of your User Submissions caused damage
to a third party. This defense and indemnification obligation will survive these
Terms of Use and your use of the Mulaaka
Website.
7.
ABILITY
TO ACCEPT TERMS OF USE
You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use.
8.
ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by
Mulaaka without restriction.
GENERAL
You agree that: (i) the Mulaaka
Website shall be deemed solely based in India; (ii) the section titles in this Agreement
are for convenience only and have no legal or contractual effect; (iii) nothing
in these Terms of Use shall be deemed to constitute a partnership or a joint venture
between the you and Mulaaka. Nothing
contained in these Terms of Use shall constitute you as the agent of
Mulaaka or otherwise entitle
you to have authority to bind Mulaaka
for any purpose. and (iv) any claim or dispute between you and
Mulaaka that arises in whole or in part from the
Mulaaka Website shall be decided exclusively by a court of competent
jurisdiction located in Mumbai, India. You and
Mulaaka shall be bound to submit all disputes howsoever arising out of
or in connection with the use of the Mulaaka
Website to arbitration to one (1) arbitrator nominated and appointed by
Mulaaka. The arbitration shall in all matters be governed by the Arbitration
and Conciliation Act, 1996. The place of arbitration shall be
Mumbai, India
. The language to be used in the arbitration proceedings shall be English. The award
of the arbitration proceedings .will be final and binding on both you and
Mulaaka to the extent permissible in law. These Terms of Use together
with the privacy policy and any other legal notices published by
Mulaaka on the Mulaaka
Website, shall constitute the entire agreement between you and
Mulaaka concerning the Mulaaka
Website. If any provision(s) of these Terms of Use are deemed invalid by a court
of competent jurisdiction, the invalidity of such provision(s) shall not affect
the validity of the remaining provisions of these Terms of Use, which shall remain
in full force and effect. No waiver of any of these Terms of Use shall be deemed
a further or continuing waiver of such term or any other term, and
Mulaaka 's failure to assert any right or provision under these Terms
of Use shall not constitute a waiver of such right or provision.
Mulaaka reserves the right to amend these Terms of Use at any time and
without notice, and it is your responsibility to review these Terms of Use for any
changes. Your use of the Mulaaka
Website following any amendment of these Terms of Use will signify your assent to
and acceptance of its revised terms. YOU AND MULAAKA AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE MULAAKA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
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