COMMUNICATIONS: You accept that TGBX shall be corresponding with you in an electronic mode and for which you have already consented by accessing this Site. Communication from TGBX shall be by means of an e-mail or by posting any notices on this Site. You agree and accept that all agreements, disclosures and any other communications that we shall provide you, satisfy all the legal requirements under the relevant statutes in India. You agree that the communications send to you by TGBX shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. Communications received by TGBX in mode other than electronic does not warrant any strict correspondence in reply on behalf of TGBX. Visitors are allowed to post any material, reviews, comments, suggestions or any other content on this Site as long as the same does not infringe or threatens to infringe any intellectual property rights of any other person or entity, contains viruses or trojans or worms or likewise which hampers the functioning of the Site, is libelous or obscene or defamatory or religiously inflammable, or in any way hampers the reputation of this Site, TGBX and /or its affiliates. You agree and accept that all the content posted on this Site by you shall be the sole property of TGBX at all times, and TGBX reserves the right to amend, alter, change or modify the same, at anytime, without notice and without any liability. All the intellectual property rights arising out of the content posted by you in any form on this Site shall remain in the sole and exclusive ownership of TGBX which you have granted and assigned permanently, royalty-free to TGBX. The words "use" and/or "using" in this Agreement mean any time an individual (a "User" /"Visitor), directly or indirectly, attempts to access, interact with, use, display, print or copy from, transmit, receive or exchange data or communicate with, the Site, or in any way utilizes, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is an exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in clause_______
YOUR RESPONSIBILITIES: You acknowledge that TGBX is not responsible or liable and does not control the content of any information that may be posted to the Site or on the services by you or other visitors to the Site. You are not permitted to post any content that (a) infringes on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child ***ography; (d) contains viruses or other similar harmful or deleterious programming routines; (e) damages, disables, overburdens, or impairs the Site or any other party's use of the Site; or (f) contains hyperlinks to any sites that do or are.
MODIFICATIONS: TGBX reserves the absolute right to amend, alter, change, modify, discard or add any of the terms and conditions to this Site. Visitors shall always be bound by the terms and conditions displayed on the Site, irrespective of whether the unamended, unaltered, unchanged terms and conditions not displayed thereinafter are more applicable.
USE: You agree and accept that the services offered by this Site are purely for personal and non-commercial use. You are not allowed to modify copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained in this Site. Use does not mean usage of your username and password by person other than you whether knowingly or negligently. In case of use of your username and password by person other than you and which comes to the knowledge of TGBX, TGBX expressly reserves the right to terminate your use without assigning any reason and which shall be binding upon you. You may not access this Site and operate on any false e-mail id for the purpose of gaining access into this Site for your personal use. From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing"; unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, trojan horses, spyware, or other potentially harmful programs or other material or information;
create a false identity for the purpose of misleading others;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE
TGBX hereby grants you a limited license to use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User material, for accessing information, applications and services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any material without the express prior written consent of TGBX. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
Certain games, multi player games, applications may be owned by third parties and distributed under a third party End User License Agreement ("EULA") and you agree that TGBX shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
USER COMMUNICATION FEATURES AND POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User material. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site or Hungama. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting and User material originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, Hungama to use such Posting and User material in whole or in part, throughout the world, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that the Posting and User material: (i) is original to you and/or fully cleared for use as contemplated herein, (ii) does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) is not obscene or in any other manner unlawful, (v) shall not be injurious to the health of any user. We shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting and User material and if your Posting and User material incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant to Hungama the right to use all such Postings and User material as described above, (ii) the Posting and User material was produced in compliance with all applicable laws and regulations.
From time to time, TGBX, Hungama or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, contests which may be subject to additional terms and/or rules.
12. HYPERLINKS TO THIRD PARTY SITES
CONFIGURATIONS AND MINIMUM ESSENTIALS: TGBX does not expressly recommend any particular software, operating system, application to use and access this Site. If for any particular reason, the Site does not open or is unable to be displayed in full in the visitor's computer, then TGBX shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this Site; though latest standards cannot be defined or categorized. TGBX does not recommend or lay down any set of standards for the purpose of viewing this Site.
INTELLECTUAL PROPERTY RIGHTS: All the content displayed on this Site is the sole property and is in the exclusive right, title and ownership of TGBX. The copyright existing in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of TGBX. Copyright for this purpose includes registered as well as non-registered copyright. Trade mark and domain name of this Site also vests with TGBX. All the marks, logos, designs used in this Site are and shall always remain with TGBX. Trademarks that have been put for registration and non registered trademarks shall also be the sole property of TGBX. Any intellectual property rights arising as a result of makeover of any content provided by any visitor, then intellectual property arising out of such makeover shall also vest with TGBX. The visitor to this Site grants a royalty free, exclusive, irrevocable and transferable right to TGBX with respect to the content posted by him/her.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and User Materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, TGBX, AND HUNGAMA OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. ASSUMPTION OF RISKS AND MATURE CONTENT YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT TGBX, HUNGAMA OR THEIR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
You agree to indemnify, defend and hold the Site, TGBX, Hungama, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings and User material.
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of India. You specifically agree and submit to the exclusive jurisdiction the Courts at Mumbai. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.