AI Vibe Crew welcomes you to our website ("Site").
The Site is owned, controlled and operated by AI
Vibe Crew as its proprietor and its management (the "Firm").
These terms of use (“Terms”) are a legal agreement
between you, a user of the Site (“you” or “your” or “user”)
and the Firm (“us” or “we” or “our”) that governs your
access to and use of the Site.
Remember that your use of the Site is at all times subject
to the Terms of Use which incorporates this Privacy Policy. Any terms we use in
this Policy without defining them have the definitions given to them in the
Terms. The general provisions as outlined in the Terms shall be applicable to
this Privacy Policy as well.
Please read these Terms carefully before using the Site.
Please also read the Privacy Policy which is a part of these Terms and
incorporated herein by reference. The Privacy Policy describes how we collect,
store, secure, retain, use, process, disclose, share, transfer and dispose the
information we collect or that you provide when you access or use the Site. If
you do not understand or do not wish to be bound by these Terms, you should not
use the Site.
The Site is for adults or people who have attained the age
of majority. As such we do not encourage minors to use the Site. The Site is
strictly prohibited to persons who are under the age of 10. Subject
to these Terms, use of the Site is available only to persons who can enter into
legally binding contracts under applicable law. If you are under the age of 18
(Eighteen) years or the legal age of majority in your jurisdiction, your
parent, or legal guardian must agree to these Terms on your behalf.
Visiting, browsing, accessing, or using the Site constitutes
your unconditional acceptance and agreement to be legally bound by these Terms.
If you do not agree to these Terms do not access or otherwise use the Site.
We reserve the right, at any time and from time to time, to
amend, modify, revise, update, suspend, remove and/or otherwise change these
Terms without prior notice to you. All such amendments and modifications shall
take effect immediately when posted on the Site. By continuing to access or
browse the Site after any such amendments or modifications, you agree to be
bound by such amended or modified Terms. For this reason, we encourage you to
review these Terms whenever you access the Site. Be sure to read these Terms
periodically to ensure familiarity with the most current version of these
Terms. If you do not agree to any change to these Terms, you must immediately
stop using the Site.
THE WEBSITE
You specifically understand, acknowledge and agree that the
Site have been designed for informational purposes only and is not intended to
provide any professional or other advice of whatsoever nature. The content of
this Site, and the Site as a whole, are intended solely for your personal use
and shall not be used for any commercial purposes. We disclaim any
responsibility for actions caused by use of the Site or information contained
on it. We do not provide any warranty or guarantee as to the accuracy, timeliness,
performance, completeness or suitability of the information, content and
materials found or offered on the Site for any particular purpose. You
acknowledge that such information, content and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors. Your use of any content, information or materials on
the Site is entirely at your own risk, for which we shall not be liable.
The Site also enables you to engage with us. Should you
choose to engage with us, you hereby grant us all licenses and consents that
may be required for this purpose, including but not limited to live stream,
film, and record (audio and video) in any format and in any medium, or device,
and by adopting any processes and technology, whether now known or hereinafter
devised.
We do not endorse, support, sanction, encourage, verify, or
agree with the comments, opinions, or statements posted on the Site by our
users and we are not responsible, and shall have no liability to you, with
respect to any information or materials posted by others, including defamatory,
offensive or illicit material, even material that violates these Terms.
Except where otherwise provided, access to and use of the
Site is without charge. We reserve the right to charge a fee for access to or
use of this me Site, or any services that we may provide on the Site. If you
purchase a paid service from us, we may use a third party that is not
affiliated with us to process your payments, including providers of payment
gateways (“Processor”). You agree that the Processor is solely
responsible for controlling, handling and processing your payments. Please note
any amounts paid to us are not refundable.
PRIVACY POLICY
Please review our privacy policy (“Privacy Policy”),
which is part of these Terms and describes how we handle your personal
information. By visiting, browsing, accessing, or using the Site, you agree
that we may collect, use and share your personal and other information in
accordance with the terms of our Privacy Policy.
ACCOUNTS, SECURITY, PASSWORDS
You may register for an account on the Site in order to
become a subscriber to the services offered by us through the Site. If you
intend to open an account, you must complete the specified registration process
by providing us with current, complete, and accurate information as requested
by the applicable online registration form. It is your responsibility to
maintain the currency, completeness, and accuracy of your registration data and
any loss caused by your failure to do so is your responsibility. It is entirely
your responsibility to maintain the confidentiality of your password and
account. Additionally, you are entirely responsible for any and all activities
that occur under your account. You agree to notify us immediately of any
unauthorized use of your account. We are not liable for any loss that you may
incur as a result of someone else using your password or account, either with
or without your knowledge. You may cancel your account by following the
procedure prescribed in these Terms.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Site and all information and content which we have made
available on the Site, including but not copyrighted works, literature, text,
graphics, logos, button icons, images, audio/video clips, data compilations and
software, and the compilation and organization thereof is owed by us or is used
with consent of the owner and is protected by laws, including laws governing,
copyrights, trademarks and other intellectual property. The reproduction and
use of any of these by you is prohibited unless specific written permission is
provided by us. Any unauthorized use shall violate copyright laws, trademark
laws and other applicable intellectual property laws. All rights in the Site
and its content are reserved.
Certain content and information on the Site are used with
the permission of third parties, and use of that content and information is
subject to terms and conditions of such third parties and by using the Site,
you agree to abide by all such terms and conditions.
The copying, downloading, modification, revision,
reproduction, republication, uploading, posting, transmission, or distribution
for commercial or non-personal purposes of any content, material or elements
from the Site including without our express written permission or other owners
of the intellectual property is strictly prohibited. You agree not to, directly
or indirectly, copy, use, or distribute any content available on the Site other
than as expressly permitted herein. Also, if you download or print any content
for personal use, you must retain all copyright and other proprietary notices
identifying us as the owners.
Nothing contained on the Site should be construed as
granting, by implication or otherwise, any right, license, or title to any of
our intellectual property or the intellectual property of any third party. All
rights are expressly reserved and retained by us and our licensors. Your misuse
of the Site, or any service or content available on the Site except as provided
in these Terms, is strictly prohibited. Please be advised that we consider our
intellectual property to be among our most valuable assets and we will
aggressively enforce our intellectual property rights to the fullest extent
provided under law.
LIMITED LICENSES GRANTED TO YOU
Subject to these Terms, we grant you a non-exclusive,
revocable, non-sub-licensable, non- transferable, and limited license to access
the Site solely for the purpose accessing the content on, and our services
provided through the Site, for your personal and non-commercial use.
You shall not, either directly or indirectly: (i) copy,
adapt, alter, modify, translate, localize, merge and/or create derivative works
of the Site; (ii) decompile, disassemble, reverse engineer, reduce the Site to
human perceptible form and/or otherwise attempt to determine its underlying
source code; (iii) alter, obscure, deface, remove, conceal and/or otherwise
interfere with any eye- readable or machine-readable marking on the Site which
refers to us as the owner, author or developer of the Site and all proprietary
and intellectual property rights contained therein; (iv) distribute, provide,
lease, lend, use and/or allow others to use the Site to or for the benefit of
any third parties; and (v) provide the use of the Site in any service bureau,
time- sharing or facilities management arrangement and/or otherwise use the
Site to provide services to third parties.
CONTRIBUTED CONTENT AND SUBMISSIONS OF USERS
All content created, added, uploaded, submitted,
distributed, communicated, or posted on the Site by users (collectively "User
Content"), whether publicly posted or privately transmitted, is the
sole responsibility of the user who created or generated the User Content. The
Site permits the submission of User Content and the hosting, sharing, and/or
publishing of such User Content. Notwithstanding anything contained herein, you
shall be solely responsible for your own User Content and the consequences of
posting or publishing them. You represent that all User Content provided by you
is accurate, complete, up-to-date, and in compliance with all applicable laws.
You acknowledge that all User Content accessed by you using
the Services is at your own risk and you will be solely responsible for any
damage or loss to you or any other person resulting therefrom. We do not
guarantee that any User Content you access on the Site is or will continue to
be accurate. We do not and will not claim any ownership over or rights to the
User Content, except to the extent stated herein.
In connection with the User Content, the user affirms,
represents, and warrants that: (i) the user owns or has the necessary licenses,
rights, consents, permissions and authorizations to use and authorise us to
use, all User Content, including to enable us to include and use the User
Content for the purposes and in the manner contemplated by these Terms; (ii)
the user has the written consent, authorisation, release and/or permission of
each and every identifiable individual person in the User Content to use the
name and/or likeness of each and every such identifiable individual person to
enable inclusion and use of the User Content in the manner contemplated by
these Terms; and (iii) we will not be subjected to any claim, actions,
liabilities, loss and damage as a result of its use of the User Content.
By submitting any User Content to the Site, you hereby do
and shall grant us a worldwide, non-exclusive, perpetual, irrevocable,
royalty-free, fully paid, sub-licensable (through multiple levels) and
transferable license to use, aggregate, reproduce, distribute, display,
perform, and otherwise fully exploit such User Content in connection with the
Site, and the services we provide, including without limitation for promoting
and redistributing, part or all of the Site or our services in any media
formats and through any media channels (including, without limitation, third
party websites and feeds), and including after your termination of your
arrangement with us.
By submitting any User Content to the Site, you also hereby
do and shall grant each user a non-exclusive license to access any of your User
Content that is available to such user on the Site, and to use such User
Content, including after your termination of your arrangement with us.
We: (i) cannot control the User Content and other
information provided by the users which is made available on the Site; (ii) do
not research, endorse, validate, or certify the User Content and any other
information submitted/uploaded by users on the Site nor assume that all User
Content and information will be complete, accurate, truthful, trustworthy, and
reliable; and (iii) expressly disclaim any and all liability in connection with
the User Content.
The Site permits sharing of views, opinions and information
regarding the content posted on the Site. All statements, photos, videos,
materials, or other User Content posted by users reflects the views of the
individual user and does not reflect our views. We take no responsibility and
assume no liability for any User Content posted by you or any third party.
We encourage respectful, constructive dialogue and reserve
the right to remove posts that are not in compliance with these terms.
A user shall not host, display, upload, modify, publish,
transmit, store, update or share any information that: (i) belongs to another
person and to which the user does not have any right; (ii) is defamatory,
obscene, pornographic, paedophilic, invasive of another’s privacy, including
bodily privacy, insulting or harassing on the basis of gender, libellous,
racially or ethnically objectionable, relating or encouraging money laundering
or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child; (iv) infringes any patent, trademark, copyright or
other proprietary rights; (v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or
knowingly and intentionally communicates any information which is patently
false or misleading in nature but may reasonably be perceived as a fact; (vii)
impersonates another person; (viii) threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign States, or
public order, or causes incitement to the commission of any cognisable offence
or prevents investigation of any offence or is insulting other nation; (ix)
contains software virus or any other computer code, file or program designed to
interrupt, destroy or limit the functionality of any computer resource; and (x)
is patently false and untrue, and is written or published in any form, with the
intent to mislead or harass a person, entity or agency for financial gain or to
cause any injury to any person.
USER CODE OF CONDUCT
As a condition of your use of the Site, you promise and
undertake not to use the Site for any purpose that is prohibited by these
Terms.
You agree that you shall not (directly or indirectly)
submit, upload, provide, transmit, distribute, post, store, link, or otherwise
share content, information, data, software, and/or materials on the Site that:
(i) you do not have the right, authority or license to make available, whether
under law, contract or otherwise; (ii) is unlawful, threating, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, tortious, offensive,
profane, contains or depicts pornography, or is otherwise inappropriate as
determined by us, in our sole discretion; (iii) is false, misleading,
untruthful or inaccurate; (iv) is invasive of another’s privacy; (v) violates
the publicity or proprietary or intellectual property rights of third parties;
(vi) impersonates any person or entity, including any of our employees, agents,
representatives, sub-contractors or partners or falsely states or otherwise
misrepresents your affiliation with any person or expresses or implies that we
endorse any statement you make; (vii) includes anyone’s identification
documents or sensitive financial information or any personal information about
another individual or any information that may be used to track, contact or
impersonate that individual; (viii) discloses or provides information protected
under any law, agreement or fiduciary relationship, including but not limited
to proprietary or confidential information of others, insider information or
material, or non-public information; (ix) constitutes unauthorized or
unsolicited advertising; (x) violates any law; (xi) would give rise to criminal
or civil liability (under tort or otherwise); (xii) encourages conduct that
constitutes an offense or that encourages or provides instructional information
about illegal activities; (xiii) has the potential to create liability for us;
(xiv) could cause us to lose, in whole or in part, our relationship with our
users, clients, business partners, licensors, services providers or other
suppliers; (xv) interferes with or disrupts the operation of the Site and our
services or the servers or networks used to make the Site available, or violate
any requirements, procedures, policies or regulations of such networks; and
(xvi) threatens the unity, integrity, defense, security or sovereignty of any
country, 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.
You shall not (directly or indirectly): (i) disclose any
sensitive, proprietary or confidential information, about yourself or anyone
else or knowingly disseminate information that you know, reasonably ought to
know, to be confidential in nature, in violation of any duty of confidentiality
which you are subject to; (ii) misrepresent the source of your content; (iii)
use the Site in violation of any applicable law or otherwise in violation of
any applicable law which you may be subject to; (iv) use the Site in a manner
that would violate the lawful privacy rights of any person or to publish or
republish defamatory or libellous statements, or to harass or embarrass any
person; (v) use the Site in a manner which could cause loss, damage or personal
injury to any person; (vi) use the Site for any fraudulent or unlawful purpose
or for the promotion of illegal activities; (vii) use the Site in any manner
that could interrupt, damage, disable, overburden or impair the Sites or
interfere with any other persons use and enjoyment of the Sites; (viii) bypass,
circumvent or attempt to bypass or circumvent any measures I may use to prevent
or restrict access to the Site (or other computer systems, resources or
networks connected to the Site); (ix) run any form of auto-responder or “spam”
on the Sites; (x) use manual or automated software, device, or other processes
to “crawl” or “spider” any page of the Site; (xi) obtain or attempt to gain
unauthorized access to other computer systems, resources, materials,
information or any services available on or through the Site through any means,
including through means not intentionally made publicly available or provided
for through the Site; (xii) take any action that imposes or may impose (as
determined by us in our sole discretion) an unreasonable or disproportionately
large load on our (or our third party service providers’) infrastructure;
(xiii) interfere or attempt to interfere with the proper working of the Site or
any activities conducted on the Site; (xiv) make improper use of our Site or
submit false reports of abuse or misconduct; (xv) disparage, tarnish or
otherwise harm us, including the Site; (xvi) offer, attempt to offer, trade or
attempt to trade in any item, the dealing of which is prohibited or restricted
in any manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force; and (xvii) use the Site or the Site in
violation of these Terms or otherwise take any action in violation of our
guidelines and policies.
In using the Site, you must comply with, and refrain from
violations of, any right of any other persons, law or contractual duty,
including without limitation laws forbidding: (i) distribution of child
pornography;(ii) forgery, identity theft, misdirection or interference with
electronic communications; (iii) invasion of privacy; (iv) unlawful sending of
commercial electronic message or other marketing or electronic communications;
(v) securities violations, wire fraud, money laundering, or terrorist activities;
or (vi) false advertising, propagating or profiting from fraudulent and unfair
schemes.
You shall abide by all applicable laws with respect to the
use of the Site.
You shall assume full legal responsibility for any access
and use of the Site, and in the event of any breach of this duty resulting in
legal claim against us, you shall defend, indemnify, and hold us harmless from
all losses, damages and liabilities arising therefrom.
We also reserve the right to access, read, preserve, and
disclose any information as I we reasonably believe is necessary to: (i)
satisfy any applicable law, legal process or governmental request; (ii) enforce
these Terms, including investigation of potential violation hereof; (iii)
detect, prevent, or otherwise address fraud, security or technical issues; (iv)
respond to your support request; and (v) protect the rights, property or safety
of us, our users and the public.
DISCLAIMER
You acknowledge that we have no duty to take any action
regarding: (i) which users gain access to the Site; (ii) what content you
access via the Site; or (iii) how you may interpret or use the
content.
The Site and content made available on the Site, including
without limitation, any information delivered as part of the foregoing are
provided on an “as is” and “as available” basis, without warranty of any kind,
express or implied, whether by statute, common law, custom, usage or otherwise,
including, but not limited to performance, security, integration, quiet
enjoyment, satisfactory quality and implied warranties of title,
non-infringement, merchantability and fitness for a particular purpose as well
as all warranties arising by usage of trade, course of dealing, or course of
performance. Without limiting the foregoing, we makes no warranty that: (i)
Site and the services we make available through the Site, including without
limitation any materials and information delivered as part of the foregoing:
(a) will meet your requirements; (b) will be accurate, uninterrupted, timely,
secure, or error-free; (ii) the results that may be obtained from the use
thereof will be effective, accurate, or reliable; (iii) the quality of the
services purchased or accessible by you will meet your expectations; (iv) any
errors or defects in the foregoing will be corrected; and (v) is free of
viruses or other harmful components.
We specifically disclaim all liability for any actions
resulting from your use of Site. You may use and access the Site at your own
discretion and risk, and you are solely responsible for any damage to your
computer system or loss of data that results from the use of and access to the
Site.
We disclaim any and all liability with respect to any
losses, damages, liabilities, personal injury or other harm that may be caused
by your reliance on any advice, suggestions, recommendations or other
information provided on the Site.
INDEMNIFICATION
You shall indemnify, defend and hold harmless us, our
affiliates, licensors and partners from all losses, damages, liabilities,
claims, costs and expenses, brought against or suffered by any of them
resulting from, arising out of or relating to your (or any third party using
your identity or your account, computers, systems, mobiles, machines,
communication devices, network and others applications and resources): (i) use
or misuse of, or access to, the Site; (ii) violation or breach of these Terms;
(iii) violation or breach of any applicable law, whether or not referenced
herein; and (iv) violation of any rights of any third party. We reserve the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate
with us in asserting any available defenses.
LIMITATION OF LIABILITY
The users specifically acknowledge that the Site is provided
with the expectation that we shall not assume any risks of the users.
Accordingly, in no event shall we assume any risks of the users.
We shall not be held liable for any liabilities suffered by
the users or any third party relating to or arising out of: (i) a failure by
the users to adhere to these Terms; (ii) negligent acts of the users; and/or
(iii) breach by the users of any applicable law.
In no event shall we, our affiliates, licensors and partners
be liable under contract, tort, strict liability, negligence or any other legal
or equitable theory with respect to the Site: (i) for any lost profits or other
economic losses, loss of data and other programs, loss of opportunity, business
interruption, cost of procurement of substitute goods or services, or special,
indirect, incidental, punitive, compensatory or consequential damage of any
kind whatsoever; (ii) for any bugs, viruses, trojan horses, or the like
(regardless of the sources of origination); or (iii) for any direct damages in
excess of 1,000/- (Rupees One Thousand only) or the fees (if any) paid to us
for the usage of the Site (whichever is lower), even if we has been advised of,
knew, or should have known, the possibility thereof. You acknowledge that the
fee paid by you reflects the allocation of risk set forth in these Terms and
that we would not enter into this agreement and Terms without these
limitations. You hereby waive any and all claims against us arising out of your
use of the Site. Your sole and exclusive right and remedy in case of
dissatisfaction with the Site or any other grievance shall be your termination
and discontinuation of access to or use of the Site.
In no event shall we, our affiliates, licensors and partners
be liable for any bodily injury, loss of life, loss of property or any other
accident that arise out of or is in any way connected with any use of the Site.
THIRD PARTY SERVICES, ADVERTISEMENTS, SPONSORSHIPS,
CO-PROMOTIONS AND OTHER PARTNERSHIPS
We may display advertisements for the goods and services of
a third party on the Site, including in connection with co-promotions,
sponsorships and other similar partnership arrangements. We do not endorse or
represent and are not responsible for the safety, quality, accuracy,
reliability, integrity or legality of any such goods or services advertised,
promoted or displayed on the Site.
The Site may permit you to link to other websites, services
or resources on the internet, and other websites, services, or resources, may
contain links to the Site. The use of any website which are controlled, owned,
or operated by third parties is governed by the terms and conditions of use and
privacy policies for those websites, and not by these Terms. When you access
third party resources on the internet, you do so at your own risk. These other
resources are not under our control, and you acknowledge that we are not
responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such website or resources. The inclusion
of any such link does not imply our endorsement or any association between us
and their operators. You further acknowledge and agree that we shall not be
responsible or liable, directly, or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods, or services available on or through any such website or
resources. It is your responsibility to protect your systems from items such as
viruses, worms, trojan horses and other items of a destructive nature. We
expressly disclaim any liability arising in connection with your use and/or
viewing of any websites or other material associated with third party links
that may appear on the Site. You hereby agree to hold us harmless from any
liability that may result from the use of third-party links that may appear on
the Site.
INFRINGEMENT
We respect the intellectual property rights of others, and
strongly prohibit users from posting any content on the Site that violates a
person’s intellectual property rights. If you have reason to believe that any
work copyrighted by you has been reproduced, embedded, or linked without any
authorization on this Site, in a manner that constitutes an infringement of
your copyright under Indian law, please write to us at hello@vibecrew.ai and
provide us all information in that regard, including those prescribed under
applicable laws.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms will be governed by the laws of India, without
regard to conflict of law principles. Further, the courts at shall have
exclusive jurisdiction for all matters arising out of or in connection with
these Terms and you agree to irrevocably submit to the exclusive jurisdiction
of such courts.
The concerned parties shall amicably resolve any and all
disputes arising out of or in connection with these Terms, failing which the
disputes shall be settled in accordance with provisions of the Arbitration and
Conciliation Act, 1996. The parties will refer the dispute to a sole arbitrator
to be appointed by us. Any arbitral award shall be final and binding on the
parties. The seat and venue of the arbitration shall be . The language of
arbitration shall be English.
Nothing contained in this paragraph shall preclude us from
applying for and obtaining any injunctive, prohibitory, equitable or other
similar urgent or interim relief from a court of law, if such judicial process
is necessary to prevent serious and irreparable injury.
TERMINATION
You may stop using the Site at any time. If you wish to
terminate your account, you may do so by writing to us at .
We may, at any time, terminate your right to access and use
of the Site and if you breach any provision of the Terms (or act in a manner
that clearly shows you do not intend to, or are unable to, comply with the
Terms).
We may, at any time, terminate your right to access and use
of the Site if we are required to do so by applicable law.
Upon termination, all licenses, and any other rights and
services provided by us shall cease immediately. Any such termination may
result in the forfeiture and destruction of information associated with your
account.
Upon termination, any and all rights granted to the user
will immediately be terminated, and the user shall promptly discontinue all use
of the Site.
Termination of these Terms, or any license, or user's access
to the Site shall be without prejudice to our accrued rights.
All provisions of these Terms which, by their nature should
survive termination shall survive termination, including, without limitation,
the provisions governing any licenses you have granted to us, ownership of
intellectual property, warranty disclaimers, indemnity, and limitation of
liability.
MISCELLANEOUS PROVISIONS
Electronic Record: These Terms constitute an
electronic record within the meaning of applicable law and do not require any
physical or digital signatures.
Force Majeure: We shall not be liable to the
users or any other persons or be deemed to be in breach of these Terms by
reason of any delay or deficiency in performing, or any failure to perform, any
of its obligations in relation to the Site or other obligations hereunder if
the delay or deficiency or failure was due to Force Majeure. For the purposes
of these Terms, “Force Majeure” shall mean any event beyond
our reasonable control including, but not limited to any act of God, act of
Governmental Authorities, legislative changes, malicious third party attacks on
the Site, electrical power fluctuations or failures, electrical or
electromagnetic stress, environmental factors, failure of public utilities,
labour unrest, hostilities between nations, war, riot, civil commotions, civil
war, insurrection, blockades, import or export regulations or embargoes,
national emergency, rainstorms, earthquake, fires, flooding, explosion or other
exceptional weather conditions or natural disasters, acts of terrorism,
accidents, sabotages, strikes, shortages in material or supply, destruction of
service facilities, infectious diseases, epidemics, pandemics as well as travel
restrictions or travel warnings due to any such events or any unforeseen change
in circumstances.
SpecificRelief: You acknowledge that your
unauthorised use of the Site may result in irreparable damage and injury to us
and/or our licensors for which money damages would be inadequate. Consequently,
in the event of such unauthorised use, we, and our licensors (as applicable)
shall have the right, in addition to any other legal remedies available, to
seek an immediate injunction against you prohibiting any further use of the
Site.
Legal Actions: No action, regardless of form,
arising out of or relating to these Terms may be brought by you after 6 (six)
months after the cause of action has accrued, except where this limitation
cannot be imposed by law.
Waiver: Our failure to require performance of
any provision of these Terms shall not affect our right to full performance
thereof at any time thereafter, and any waiver by us of a breach of any
provision hereof shall not constitute a waiver of a similar breach in the
future or of any other breach. No waiver shall be effective unless in writing
and duly executed by us.
Entire Agreement: These Terms including all
related agreements and policies incorporated by reference herein, constitute
the entire agreement between you and us related to the subject matter hereof.
Independent Rights: Each of our rights of are
independent, cumulative and without prejudice to all other rights available to
us under law, equity or otherwise, and the exercise or non- exercise of any
such rights shall not prejudice or constitute a waiver of any other right by
us, whether under these Terms or otherwise. Our rights with respect to any
matter conferred under any provision of these Terms shall be in addition to any
other rights conferred under any other provision of these Terms, in law or in
equity.
Severability: If any provision of these Terms is
held to be illegal, invalid, or unenforceable under present or future laws such
provision shall be fully severable. Thereafter, these Terms shall be construed
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Furthermore, in lieu of each such illegal, invalid, or unenforceable provision,
we shall add as a part of these Terms, a provision as similar in terms to such
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Effective Date: August, 2022
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