Terms & Conditions of use for Talennt Ka Maha Utsav #TKMU
MASTER AGREEMENT
This AGREEMENT is entered into between Talennt Ka Maha Utsav (hereinafter also referred as "#TKMU" or "we" or "us") (which expression shall, unless repugnant to the context, be deemed to mean and include its successors, nominees and permitted assigns) and the participant identified as the "User" (hereinafter also referred to as “participant” or "you") (the "Master Agreement") on the Effective Date, once the ‘User’ completes the registration process on #TKMU powered by Bhaarat Bol News website https://www.bol-news.com
All capitalized or bold terms not specifically defined herein shall have the meaning assigned to them in the General Terms of Use attached as Annexure 1.
This Master Agreement, along with the annexures enclosed, shall collectively form an integral part of the agreement between the parties and should be read in conformity with the General Terms of Use (Annexure 1)
In case of any inconsistencies between the constituent parts of this Master Agreement, the terms set out in the General Terms of Use shall prevail.
"Effective Date" shall mean the date on which the User completes the registration process and gets a “Unique Participant Page with his/her name” on #TKMU powered by Bhaarat Bol News website https://www.bol-news.com
ATTACHMENTS:
ANNEXURE 1 – GENERAL TERMS OF USE
By registering on #TKMU powered by Bhaarat Bol News website, you agree to be bound by the terms of this Master Agreement.
ANNEXURE 1: GENERAL TERMS OF USE
The terms and conditions of use mentioned herein shall apply to all the seasons of #TKMU Talennt Ka Maha Utsav. It is clarified that the Terms of Use shall also apply to the use of the Content and/or the Services by the User.
The terms and conditions stated herein, along with the applicable policies and guidelines located throughout the Website (collectively herein the "Terms of Use") identify what you, as a user of the Website ("you" or "User") can expect from the #TKMU, and what the #TKMU in turn expects from Users.
Participation is only valid, once user gets a “unique participant page with his/her name, profile and photo on #TKMU powered by Bhaarat Bol News website https://www.bol-news.com
By subscribing to or using any of the #tkmu's services including the use of the content and/or the products, accessing any area on the website, browsing, using, framing and / or linking to the website, you are expressly agreeing to comply with and be bound by the terms of use, including the privacy policy, as well as all applicable laws and regulations without any limitation or qualification. If you do not agree to be bound by the terms of use and to follow all applicable laws, you should leave and cease use of the website immediately. The terms of use set out on the website are binding as per the provisions of the information technology act of 2000 and rules/ regulations prescribed thereunder. You are also expressly agreeing to using the website knowing fully that it is work under progress and may at places be lacking in security/usability/privacy features as per industry standards.
Introduction
#TKMU through this Website provides an exclusive talent show and talent platform that is age, skill and talent agnostic. Each and every participant in #TKMU that is above 18 years of age email their picture and profile to #TKMU through their registered email, #TKMU creates a unique page of participant uploading their picture, profile and User Content on the Website for the purpose of participation in #TKMU. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in the Terms of Use, as may be posted on the Website or provided along with the Products or otherwise notified by #TKMU, from time to time. #TKMU in its sole discretion reserves the right to decline a User from registering on the Website without assigning any reason thereof.
Without prejudice to the generality of anything stated elsewhere in the Terms of Use, while using the Website, Services and/or the Products, you will not (without limitation): Post content or items in an inappropriate category or areas on the Website; Violate any laws, third party rights and/or our policies; Fail to deliver any payment; Circumvent or manipulate the fee structure, the billing process, or fees owed to #TKMU; Post inaccurate, misleading, defamatory, libellous or false content (including personal information); Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information posted on the Website or using it for unrelated purposes); Transfer your page (including feedback) to another party; copy, modify or distribute rights or Content from the Website; collect information about users (including email addresses) from the Website without their consent.
Registration and Unique Participation Page Rules
Eligibility and Age Restriction
As a consideration for the use of Website, the User affirms, represents and warrants that he or she is 18 years of age or older, or has legal parental or guardian consent and is fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set for in these Terms of Use and will use the Website in accordance with the applicable laws and regulations.
Persons below the age of 18 are expressly prohibited from registering with the Website or posting / submitting personally identifiable information to the Website unless accompanied by either of the parents. In the event of a minor using or registering with the Website, the responsibility or liability for the minor's action shall be on his or her parent or guardian. Any parent or guardian who believes that the Website has collected the personally identifiable information of his or her child (under the age of 18) should contact Talennt Ka Maha Utsav immediately at tmahautsav@gmail.com
In case the registered email with which any participant has registered is not functional, User will be solely responsible and acknowledges and accepts that User will not receive messages from the #TKMU about updates and inquiries or other matters.
User shall be fully responsible for maintaining the confidentiality. No User shall assist any unregistered person in gaining access to the communication and services of the Website, or email or messaging pages.
In case of any unauthorised use of the page or any other breach of security, the User agrees to notify the #TKMU immediately at tmahautsav@gmail.com
#TKMU cannot and will not be liable for any loss or damage arising from the User's failure to comply with this section or any other part of the Master Agreement.
User Conduct and Rules
User Unique Participant Page
User Unique Participant Page is not transferable and no User shall use or attempt to use another User's page. No User shall rent, lease, loan, trade, sell or re-sell access to subscription products or services or in any manner monetise any feature of the Website.
No User shall act dishonestly or unprofessionally, create any false identity or impersonate any other person or identity or send for upload any misleading information including, without limitation, biographical information, information about current position, qualifications, affiliations, identity, including use of a pseudonym.
No User shall represent itself as affiliated with or endorsed by #TKMU, unless expressly authorised in writing to do so by #TKMU.
The User shall not have any ownership rights or title in/on the Unique Participant Page and in case the Unique Participant Page is terminated or deleted, all information, data, content or material associated with that page may be removed from the databases and public areas of the Website.
The User shall be solely responsible for obtaining, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service offered by the #TKMU.
User Content
The Users can email data, information, images, photographs, videos by email ("User Content") that they want to upload on their Unique Participant Page as per the prescribed format. As a User, you shall be solely responsible for the content submitted to the Website and by submitting such content you shall represent and warrant that the content belongs to you and does not violate or infringe upon any copyrights, trademarks, moral rights, rights of privacy or publicity or any other intellectual property rights, or any right, title, claim or interest, or any other right of any party or entity. If any discrepancy is found, #TKMU reserves the right to deny User Content on Unique Participant Page or delete the Unique Participant Page in full.
#TKMU reserves the right to review, censor, delete, move, block access to, or prohibit the transmission or receipt of any User Content, without notice, if such content is found to be obscene, defamatory, libelous, or invades the privacy or violates any right of any person or entity, or is illegal or in violation of the Terms of Use or is otherwise offensive or inappropriate in the opinion of the #TKMU.
The User grants without any credit or compensation, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable and fully transferable, assignable and sub-licensable license to host, display, distribute, communicate, disclose, copy and explore any User Content to incorporate it in the works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purpose whatsoever for the entire term of any rights that may exist in the User Content. The User agrees that #TKMU may disclose the User's name in connection with his or her User Content. By providing User Content on the Website in the public area, you permit any person to access, view, and store such User Content.
#TKMU's Website merely host and provide access to the User Content and do not guarantee or warrant the validity, accuracy, genuineness or credibility of, or in any manner endorse, any User Content. By submitting the User Content, the User expressly represents and warrants that it is correct and complete in all respects and is not false, distorted, manipulated, fraudulent, or misleading in any manner. #TKMU shall not be responsible or liable in any manner whatsoever in connection with the User Content. By using the Website, you assume the associated risks and agree to undertake background checks on your own accord to ascertain the bonafide nature and accuracy of the User Content before acting on it.
You agree that the #TKMU shall have the right to post the data on the mobile applications or Website or on such other affiliated sites and publications as the #TKMU may deem fit and proper.
Restrictions on Use
The User undertakes, warrants and represents NOT to:
Use the Website in a manner that impairs their functioning or harm the interests of #TKMU;
Use content from the Website for derivative works of commercial nature without #TKMU's approval;
Aggregate, use, copy, duplicate , download, publish, modify, transfer, share, distribute or disclose information of Users without obtaining their consent or any other information, data, or material on the Website without #TKMU's consent;
Delete, revise, modify or destroy any User Content or information, data or material posted by others;
Remove or hide any copyright, trademark or proprietary right notice on the Website or Services;
Email files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consents;
Use #TKMU's name, trademarks, service marks or logos;
Scrape or copy User Content, data or other information of “other users” available on the Website by use of crawlers, browse plug-in, add-ons or any other technological or manual means;
Copy, modify or create derivative works of, or decompile, decipher, disassemble reverse engineer or by any mode attempt to obtain or derive the source code of the Website, the Services or any related technology;
Create or operate a pyramid scheme, fraud or similar practice;
Establish any deep link or other connection to any specific page of Website
Bypass or interfere with the security features of the Website and the Services through any means or engage in framing, mirroring or stimulating the appearance or function of the Services;
Use data miner, spider, crawler, scraper, robots or other automated software/devices, data gathering or extraction methods, to access, index, navigate or explore the Website or its Services, add or download contact information or send or redirect messages;
Hamper or interfere with the operations of Website or any of its Services in any manner, including placing unreasonable load on the Services by enabling high volume, automated, electronic processes, spam, viruses, gaming algorithm, or denial of service attack;
Post jobs or User content on the Website that contain any hyperlinks, email addresses, HTML Tags, or hidden keywords or any keywords that are irrelevant to the job or are otherwise misleading;
Defame, abuse, harass, stalk, threaten or harm other participants and/or other persons in any manner, including by sending spam or unwelcomed/unsolicited communications through emails, phone calls, fax or any other mode;
Solicit passwords, personally identifiable information or sensitive personal information from other Users
Create page, use the Services, post or upload User Content, information, data, links or material that promotes escort services or prostitution, is indecent or sexually exploitative;
Upload, post, transmit, update, publish or distribute or share any material or information to the Website that:
belongs to another person and to which user does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful or racially, ethically or otherwise objectionable, disparaging, relating or encouraging money laundering, or gambling or otherwise unlawful in any matter whatever;
harms minor in any way;
infringes any patent, trademark, copyright or any other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which grossly offensive or menacing in nature;
impersonates another person;
contains software viruses, or any other computer code, files or program designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Any such content may be deleted or removed by #TKMU without notice and #TKMU may cancel any registration or terminate the page on the Website at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs. Further, the user agrees to indemnify #TKMU for all losses incurred by #TKMU due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the Website of #TKMU.
The User/Visitor to the Website does hereby specifically agree that he or she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any User Content, information or data into the computers, computer systems or computer network of #TKMU. The said User/Visitor to Website does further unequivocally declare that in case he or she violates any provisions of the Information Technology Act, 2000, and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he or she shall be solely responsible for all the acts, deeds and things and any liability arising out of such acts, deeds and things or any other law for the time being in force.
Additional Conditions for "Users or Participants"
Your Unique Participant Page will have the User Content or information or data that you have emailed from your registered email. You shall not post resume or create portfolio or apply for a job. You represent and warrant that your User Content is your own and is accurate and describes you as a person. You undertake that you shall have the sole responsibility for the form, content, and accuracy of the User Content placed on your Unique Participant Page on the Website.
User content, videos, pictures, must feature ONLY #TKMU Groomed participants
For safety, only work with those participants of #TKMU that you know personally. #TKMU, including but not limited to its founders, owners, employees, are indemnified against any act that doesn’t directly involve #TKMU, including but not limited to its founders, owners, employees
#TKMU does not guarantee or warrant the credentials of any prospective Industry Recruiter or third user or random user on the Website. It shall be your “participant” sole prerogative to ascertain the genuineness of any Industry Recruiter or third user or random user
Additional Conditions Unique Participant Page
Your page shall not be posting jobs
Your page shall not sell, promote, or advertise products or services.
Your page shall not post anything which is not in compliance with the local, national, and international laws, including, labour and employment laws, equal employment opportunity, eligibility requirements, data privacy, intellectual property and data access, etc.
You shall not post anything that endorses or affiliates with a particular political party, political agenda, political position / issue, or religion or religious group.
You undertake not to post any job for any competitor of #TKMU or its Website or post or upload content that provides link to any competitor of #TKMU.
You shall not transmit, distribute, post, store or destroy any content, data or information on the Website in violation of any applicable law or regulation or these Terms of Use. You undertake to take all measures to protect the content, data or information received from the Website from any loss, misuse, unauthorised access, disclosure, alteration or destruction
#TKMU reserves the right to restrict, suspend, or terminate pages that do not meet any of the eligibility requirements.
The foregoing conditions and restrictions shall not be considered an exhaustive list of prohibited or restricted activities.
Any unauthorized use of the Website, the Content or any portion or derivative thereof, or any use that impairs the interests of #TKMU or other Users, violates any code of conduct or other guidelines, or violates, abuses, unethically manipulates or exploits, any terms and conditions of the Terms of Use or other terms and conditions available elsewhere on the Website, or such attempted use, as the case may be, shall immediately terminate any right or permission granted by the #TKMU in terms hereof. #TKMU reserves all rights.
User Warranty and Representation
You guarantee, warrant, and certify that you are the sole and exclusive owner of the content which you submit on the Website or are otherwise authorised to use such content and that such content does not infringe upon the property rights, intellectual property rights or other rights of others. You will solely be responsible for any content that you provide when using the Website, including any text, data, information, images, photographs, music, sound, video, ideas, concepts, or any other material which you may upload, transmit or store when making use of the Website. However, with regard to the product customization Service, if any, you expressly agree that by posting content, if any, on to the Website for public viewing and reproduction/use of your content by third party users, you accept and grant a non-exclusive license for the use of the same. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by #TKMU.
Payment
The User can pay either by cash or by bank transfer. While using any third party site where Talennt Ka Maha Utsav is hosted together with #BNHAF Awards and Festival, the User shall be solely responsible for carrying out any online or off-line transaction involving credit cards or debit cards or such other forms of instruments or documents for making such transactions. #TKMU shall not have any responsibility or liability for their improper use of information relating to such usage of credit cards or debit cards used by the subscriber online or off-line.
#TKMU shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's page or information relating to or regarding online transactions using credit cards or debit cards or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Payments for the services offered by the #TKMU shall be on fully (100 percent) advance basis. #TKMU has a no-refund policy, since the process of services starting to get dispensed start as soon as payment is made in the form of Unique Participant Page on Bhaarat Bol News.
#TKMU as a merchant shall not be liable for any loss or damage, arising directly or indirectly, out of decline of authorization for any Transaction on page of the cardholder having exceeded preset limit mutually agreed by the #TKMU with its acquiring bank from time to time. Further, #TKMU gives no guarantees of server uptime or applications working properly.
#TKMU undertakes no liability for free services.
Spam
User undertakes that Services offered by the #TKMU shall not be used to indiscriminately and repeatedly upload, post, email, send, forward, transmit, or otherwise make available, unsolicited bulk or commercial emails or messages, whether directly or indirectly.
#TKMU reserves the right to monitor, filter and block such emails or messages sent by any User. In case of any User indulging in spam #TKMU reserves the right to terminate all Services to the User without notice and forfeit any amounts paid to #TKMU.
Links to and from Third Party Website
The Website may contain links to other Website ("Linked Sites"). The Linked Sites are not under the control of #TKMU or the Website and #TKMU is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Linked Sites are not under the control of #TKMU and #TKMU is not responsible for and makes no representations or warranties concerning the contents of any Linked Site or any link contained in a Linked Site and #TKMU is not responsible for any form of transmission, whatsoever, received by you from any Linked Sites. #TKMU provides links to Users only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by #TKMU of the Linked Sites. If User decides to access any of the Linked Sites, User does so entirely at its own risk. #TKMU reserves the right to terminate any link or linking program at any time, without prior notice. Users are advised to consult the terms of use, other policies and agreements of each Linked Site they visit. In the event that User has a dispute with any such third party, User hereby releases #TKMU from any and all claims, demands, and damages pursuant to the relevant provisions contained herein.
There may be circumstances where access to the Website is provided by a hypertext link located at another web site. #TKMU does not make any representations or give any warranties with respect to any information contained in or at these other sites and #TKMU shall not be liable for any damages or injury arising from the content of other sites. #TKMU does not endorse the individuals, companies, or other similar entities, or any products or associated materials, which provide a link to the Website. You agree not to: (a) provide or create a link to the Website; and (b) create any frames at any other web sites pertaining to any of the Content located at the Website.
Intellectual Property
#TKMU, or third parties who have licensed their content to #TKMU or contributed to the Website ("Content Owner"), own or license from third parties all Content including without limitation all course material, software, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, digital streams, data compilations, etc. All Content remains the sole property of the applicable Content Owner and is protected under relevant copyright, trademark and other applicable laws. Nothing on the Website should be construed as granting any license or rights to use or distribute any Content, except as expressly set out herein or otherwise with the express written agreement of the relevant Content Owner, as the case may be.
The trademarks, logos, and service marks, and other names, logos, and icons identifying #TKMU's products and services (collectively, "Trademarks") displayed on the Website, are registered and unregistered Trademarks of #TKMU, its affiliates, suppliers or others. Certain portions of the Website may be identified as being the subject of a specific copyright held by an entity other than the #TKMU and, as such, may not be copied without the permission of the holder of the copyright.
Indemnification
User agrees to indemnify, hold harmless, and defend #TKMU and each of #TKMU Service Providers including its advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors (collectively, "#TKMU Indemnified Parties") from any and all claims (including third party claims), causes of actions, proceedings, liabilities, damages, or other demands (including reasonable attorneys' fees, pageing expenses, and legal costs), arising from or related to (a) your (or any user of your page) access to or use of the Website and Services, including, without limitation, your or others' access of Content by means of Website or third-party web sites, or your purchasing of goods or services from third parties or #TKMU; (b) your violation or breach of the Terms of Use, including, without limitation, any representation or warranty contained in the Terms of Use; or (c) your User Content or provision to Website of information or any other products, postings, offerings, data or content. #TKMU Indemnified Parties will have the right, but not the obligation, to participate, through counsel of their choice, in any defence by User of any claim as to which User is required to defend, indemnify or hold harmless #TKMU Indemnified Parties ("Indemnified Claim"). User may not settle any Indemnified Claim without the prior written consent of the concerned #TKMU Indemnified Parties. #TKMU reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you in terms hereof.
Performance - singing and dance
Performances and/or showcase of performances like singing is without the use of musical instruments or accompanying music. For dance we have 8-tracks in our dance library, ONLY those can be used
Pricing
Prices for products/Services offered by #TKMU are described on the Website and are incorporated into the Terms of Use by reference. Unless specified otherwise, all prices are in Indian Rupees. Prices, products and Services may change at the discretion of #TKMU. In addition to the rates for the products or services, Users shall pay all applicable fees, duties, tolls, surcharges, or governmental taxes now or hereafter imposed that are attributable to the products or services purchased by you and included on invoice and any reasonable expense incurred by #TKMU relating to such assessments.
Privacy Policy
#TKMU explicitly states that #TKMU doesn’t collect and/or store any personal information of any user and/or participant ever.
Termination, Suspension and Restrictions on Usage
#TKMU may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Website including any page thereon, without notice, for any reason in #TKMU's sole discretion, including without limitation violation of the Terms of Use, #TKMU's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, #TKMU, any #TKMU Service Provider or another User. Further, your page may be terminated after significant duration of inactivity.
The Terms of Use will survive indefinitely unless and until #TKMU chooses to terminate the same which decision shall be communicated by #TKMU in writing.
If you or #TKMU terminates your use of the Website or any Service, for any reason whatsoever, #TKMU may delete any Content or other materials relating to your use of the Website and/or the Services. #TKMU will have no liability to you or any third party for doing so. You shall be liable to pay for any Services or Product that you have already ordered till the time of termination by either party.
In certain cases, in #TKMU's sole discretion, #TKMU may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Website has been terminated including the right to use, access or create any page thereon; (ii) that #TKMU refuses to provide any Services to such Restricted User; and (iii) any subsequent or pending orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the relevant Restriction Notice.
Governing Law
EXCLUSIVE JURISDICTION CLAUSE The Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any dispute or differences arising out of or in connection with this Master Agreement or any part thereof shall be resolved before the courts at Ghaziabad, Uttar Pradesh only.
Disclaimers and Limitation of Liability
The information contained on the Website and/or provided pursuant to the Services is provided on as "as is" and "as available" basis without any warranty or representation of any kind, either express or implied including but not limited to those of merchantability, fitness for a particular purpose and non-infringement, accuracy, authority, completeness, usefulness and timeliness. To the fullest extent permissible by applicable law, #TKMU and each #TKMU Service Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. #TKMU does not warrant or guarantee the accuracy, reliability or legality of any of the information on the Website and/or provided pursuant to the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website at any time. The subscription of a User shall be subject to quotas as applicable and may change without notice.
Without limiting the foregoing, neither #TKMU nor any #TKMU Service Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Website and/or the Services, or the information, content, including digital content and User created content, and Content or products/services included thereon; (ii) that the operation will be uninterrupted or error-free or free of any virus, computer contaminant, worm or other harmful components ; (iii) as to the accuracy, reliability, or currency of any Content, information, content, including digital content and User created content, Services, or Products provided through the Website and/or the Services; or (iv) that the Website and/or the Services, its servers or e-mails sent from or on behalf of #TKMU are free of viruses, scripts, trojan horses, worms or other harmful components.
The subscription agreement between #TKMU and Users is not a "non-poach agreement" and shall not be termed or used as an alternative to "non-poach agreement". The Website are public Website and all information posted by #TKMU shall be in public domain, except such information or data which the User or #TKMU specifically assigns to be of a private character.
The agreement of Service entered into between the Users and #TKMU shall not confer exclusivity of service to any User.
#TKMU shall not be party to any legal proceedings between Users who connect through the Website. In case #TKMU is implicated in any legal proceedings, the costs will be recovered from the party that names #TKMU. However, #TKMU will in all circumstances abide by any court order served on through due process of law
If any person, whether or not registered with #TKMU's Website, receives a spam or virus including a link to the Website maintained, operated or owned by #TKMU, #TKMU shall not be responsible or liable in connection with such spam or viruses.
#TKMU does not have or operate through any agents. Additionally, notwithstanding anything contained herein, the provision of Services by #TKMU through its Website, including but not limited to any allied media, shall not be construed as acting as an agent on behalf of the User.
Under no circumstances shall #TKMU or any #TKMU service provider be liable for any damages that result from the use of or inability to use the website and/or the services, including but not limited to reliance by a user on any information obtained from the website and/or the services, even if #TKMU or any #TKMU service provider have been advised of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, including digital content and user created content, content, merchandise, and services available through the website. In any event, #TKMU's liability shall be capped to the extent of the fees received by it from the user.
#TKMU reserves its right to amend or alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms or disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
General Terms
Privacy Policy: The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of #TKMU. The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her.
Change in terms: The User agrees and acknowledges that #TKMU shall have the sole discretion, at all times, to change/alter/modify the General Terms of Use, the Privacy Policy and/or the User Content. #TKMU shall have the sole discretion, at all times, to remove and/or change any User Content. User shall refer to the website for updated information in relation to the Terms of Use and Privacy Policy.
Acknowledgment: The Terms of Use, including all documents referenced herein, represents the entire understanding between User and #TKMU regarding User's relationship with #TKMU and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "include" and "including" shall be construed without limitation.
Severability: If any provision of the Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.
Modification: #TKMU may without notice to you, at any time revise and update the Terms of Use, the Privacy Policy and any other information contained in the Website by updating this posting. #TKMU may also make improvements and/or changes in the Products, Services or programs described in the Website at any time without notice. The User shall be solely responsible for reviewing the changes to these Terms of Use. Access or continued usage of the Website after the notification of changes shall be deemed to be acceptance of such changes by the User. In case you do not agree with the changes, you should leave and cease use of the Website immediately. All the amendments to the Terms of Use shall apply prospectively from the date of amendment or modification, and amendment or modification to any dispute resolution procedure shall not apply to any dispute of which the parties had actual notice on the date of the amendment or modification.
Report Abuse: As per Terms of Use, Users are solely responsible for every material or content uploaded on to the Website. If you come across any abuse or violation of the Terms of Use, please report to tmahautsav@gmail.com
Protecting Children's privacy: Any user under 18 years of legal age HAS TO involve either of the parents and their Unique Participant Page has parents name and picture present on the page. #TKMU communicates only with parents.
Relationship: Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between #TKMU or the Website and any User nor do the Terms of Use extend rights to any third party.
Assignment: In the sole discretion of #TKMU, #TKMU may assign the Terms of Use, in whole or in part, by providing notice in accordance with the notice provision contained in the Terms of Use. User may not assign the Terms of Use, in whole or in part, without #TKMU's prior written consent.
Survival: The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and #TKMU.
Grievance Officer: In case of any breach of privacy or for any other complaints, you may contact our Grievance Officer at:
Rekha Vohraa vohrarekha@hotmail.com
Member FIEO (Federation of Indian Export Organization) GS1 India - POSH Committee Member
Force Majeure: Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, pandemic and Internet disturbance caused due to government action) that was beyond the party’s reasonable control.