JOOGNU Terms & Conditions
JOOGNU DOT COM PRIVATE LIMITED is the creator and operator of this mobile and web-based social networking community. Here you (“You” or “Your”) can create Your own unique user profile (“Profile”) including audio, visual, photographical, textual, and video content. You can store audio, visual, photographical, textual, and video content of your son(s) or daughter(s), view the same, share the same, gift the same to your loved ones. You can stay in touch with friends, meet new people, or just hang out. The Services (defined below) can be accessed with computers, mobile phones, PDAs (personal digital assistants), or other wired, wireless, stationary, or mobile communication devices (“Device” or “Devices”). You can participate in the community by browsing, interacting, and communicating with other individuals using the Services (“End Users”). The Services allow You to make a request of other End Users to be members of Your “Friends” group. You can do all of this and more, as new features are regularly added (“Services”). It is important that You and our other End Users have an enjoyable experience while using the Services, and are fully aware of both of our respective legal rights and obligations. For that reason, Joognu has created these TOU. Please carefully review these TOU, as they form a binding agreement between You and Joognu.
2.Acknowledgement and Acceptance or Terms.
By clicking “I Agree” or by accessing the Services or content, products, or materials from the Services, You expressly agree that You have fully read or have been given the opportunity to review these TOU and unconditionally agree to follow and be legally bound by them as well as all applicable laws, rules, and regulations. These TOU constitute a writing signed by You. Any rights not expressly granted herein are reserved. If You do not agree or wish not to be bound by these TOU, do not click “I Agree” or otherwise access, download, or use any part of Services. Although You may “bookmark” a particular portion of the Services and thereby bypass the agreement set out in TOU, Your continued use of the Services still binds You to these TOU.
Joognu reserves the right to deny access to the Services to You or any other visitor at anytime without notice for any reason. Joognu assumes, and by using the Services in any way You warrant, that You are at least 18 years old, or have the permission of a legal guardian, and have the legal capacity to enter into the agreement set out in these TOU (i.e., You are of sufficient age and mental capacity and are otherwise entitle to be legally bound in contract).
4.Modifications and Updates
The Services offered hereunder may be updated, modified, removed, or disable, in whole or in part, without notice and for any reason in Joognu’s sole discretion. Please note that these TOU may also be modified, changed, updated, revised, and reissued at any time by updating this posting. If Joognu does change these TOU, it will provide You with notice of said change. Joognu will post the most version of these TOU and indicate its effective date. You are solely responsible for regularly reviewing these TOU so that You will be apprised of any change(s). Your continued used of the Services after any such change(s) constitutes Your continued and/or renewed irrevocable acceptance of these TOU as modified. Any additional terms and conditions proposed by You are expressly rejected by Joognu and shall be of no force or effect. Modification or alternations of the Services and the information, content, or materials in regard to the Services for any purpose not permitted by these TOU may be a violation of our Copyrights and/or Trademarks and is strictly prohibited and may expose You to civil and criminal penalties.
5.Authorization of Use Services
Subject to your strict compliance with these TOU, Joognu hereby grants You limited permission to access and use the Services. All permission granted under these TOU to You is done do on a limited, terminable, revocable, non-transferable, non-exclusive, non-assignable, and non-sub-licensable basis and not sold. You may use the Services and their available features only for non-commercial, personal, and entertainment use on a single Device, subject to You keeping intact all copyright, trademark, and other proprietary notices. The material and all other User-Generated Content (see Section 9 below) posted on through the Services may not otherwise be copied, rebroadcast, resold, reprinted, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized in writing by Joognu . Using any User-Generated Content or any other materials posted on or through the Services upon any other Web site or networked computer environment is prohibited unless specifically authorized in writing and in advance by Joognu. You have no other rights whatsoever to use the Services, or portions thereof, including but not limited to its databases, invisible pages, linked pages, underlying code, or order intellectual property the Services may contain, for any reason or use whatsoever. Also, decompiling, reverse-engineering, disassembling, or otherwise reducing the code used in any software on the Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.
6.Registration, Use ID, and Passwords
In order to access or use most of the features of the Services, You must register with Joognu and create an account. As part of this registration process, You will be asked to create a Profile (as described in Section 7 below) and select a User ID and password. All Profile information must be true, accurate, and complete. Your registration information will act as the basis of your Profile and Joognu also uses various details provided by You to verify Your authenticity throughout your use of the Services. You are solely responsible for any and all use of Your account (whether by You or anyone using Your account). You are solely responsible for the confidentiality and security of Your account password and log-in information. You must notify Joognu immediately of any actual or suspected breach of security or unauthorized use of Your account. If You forget Your password, upon request, an e-mail containing your password will be forwarded to the e-mail address You entered during registration.
Your Profile must describe You, an individual person. You may not impersonate another person when registering or otherwise use a pre-existing account, user ID, or password of another at any time. By way of example and not limitation, You may not create a Profile that purports to represent You as an animal, place, inanimate object, fictional character, or real individual who is not You. Joognu may refuse to grant You (or later terminate) a user ID that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by Joognu in its sole discretion.
The Services also allow You to supplement your Profile with text, files, images, photos, video, sounds, musical, audiovisual works of authorship, and/or any other materials (together with Your Profile information, these materials shall be referred to herein as “User-Generated Content” or “UGC”). All UGC must adhere to the terms set forth in these TOU. Be aware, any UGC You post, upload, or transmit on or through the Services is accessible to third parties. Joognu is unable to control any usage of Your information by third parties who may view your UGC, and therefore, You disclose such information at Your own risk.
9.End User Responsible for All Postings to Services
You are solely responsible for all interactions You (and anyone using Your account) have with other End Users on the Services. You are solely responsible for all UGC posted, uploaded, or transmitted on or through the Services, and any UGC You (and anyone using Your account) transmit to other End Users. Joognu does not endorse any UGC. Joognu has no control over what information, materials and/or content is included in the UGC. No UGC is reviewed by Joognu prior to posting and therefore does not necessarily reflect the opinions or policies of Joognu. Under no circumstances does Joognu have any obligation to check the accuracy or truthfulness of any UGC, or to monitor any End User’s use of the Services.
10.Prohibited User-Generated Content
Below is a partial list of the kind of UGC that is illegal or otherwise prohibited to post, upload, or transmit on or through the Services. Posting of any prohibited UGC by You (and anyone using Your account) may, in our sole discretion, result in termination of Your relationship with Joognu and Your ability to use the Services. In addition, Joognu reserves the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, or otherwise posts UGC which Joognu in its sole discretion deems inappropriate or unacceptable, including, without limitation, removing the offering communication or prohibited UGC from the Services and reporting such violators to the appropriate legal authorities. Prohibited UGC includes, but is not limited to, UGC which, in Joognu’s sole judgment:
- is unlawful or promotes or encourages illegal activity or abusive conduct;
- violates the property, privacy and publicity rights of others;
- is patently offensive or otherwise grossly objectionable, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- is threatening, defamatory, vulgar, malicious, or libelous;
- solicits personal information from anyone under the age of 18;
- includes material that exploits people under the age of 18 in a sexual or violent manner;
- displays pornographic or sexually explicit material of any kind or contains a link to an audit Web site containing any such material;
- involves the transmission of “junk mail,” “chain letter,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication (i.e., “spimming” or “spamming”);
- is false or misleading;
- violates Joognu’s or a third party’s intellectual property or proprietary rights;
- includes any pirated computer programs or links to them;
- includes information which circumvents any cop-protection devices;
- includes pirated materials (music, video, photographs, etc.) or links to such pirated files;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities (i.e., making or buying illegal weapons, planning or carrying out acts of terror, violating someone’s privacy, or providing or creating computer viruses);
- solicits passwords or personally identifiable information;
- includes a photograph of another person You have posted without that person’s consent;
- contains restricted or password only access pages or hidden pages or images (those not linked to or form another accessible page);
- involves commercial activities or includes any unauthorized promotion, sales, or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; and/or
- solicits people You don’t know to add You or accept You as a “buddy” on the Services.
- shall not link directly or indirectly to or include descriptions of items, goods or services that:
- are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;
- are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
- are concurrently listed for sale on a web site other than the Website;
Even though all of the above UGC is strictly prohibited, it is possible You will still be exposed to such items while using the Services before Joognu is able to address such prohibited UGC. If so, neither Joognu nor any of its officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) caused You related to any such exposure as You understand that be accessing and using the Services You may be exposed to such prohibited UGC and other content from a variety of sources that may be inaccurate, offensive, indecent, objectionable, and otherwise not in conformance with the above rules. You hereby waive any and all legal or equitable rights or remedies You have or may have against Joognu with respect thereto.
11.Removal of UGC
Joognu may, but shall have no obligation to, investigate, monitor, review, modify, delete, and/or remove any UGC You include in Your Public Profile, or otherwise post on or through the Services (which may include deleting Your entire Public Profile) that Joognu, in its sole judgment, believes violate these TOU. Joognu assumes no responsibility to monitor or conduct. If at any time Joognu chooses, in its sole discretion, to monitor or review End Users’ use of the Services, Joognu shall assume no responsibility for the UGC, and no obligation to modify or remove any inappropriate UGC or any responsibility for the conduct of the User submitting any such UGC. We reserve the right to preserve a record of any such UGC and turn all or a portion thereof over to law enforcement officials. Joognu reserves the right take appropriate legal action against anyone who, in Joognu’s sole discretion, violates these TOU and will make reports to applicable law enforcement agencies as Joognu, in its sole discretion, deems appropriate.
You are solely responsible and liable for Your (and anyone using Your account) acts or omissions made on or through the use of the Services. Your authorization to use and Joognu’s provision of the Services is conditioned upon Your (and anyone using Your account) proper use of the Services. Therefore, You agree that You (and anyone using Your account) shall NOT engage in any activity which Joognu in its sole discretion deems inappropriate or unacceptable, including but not limited to the following:
- illegal activity prohibited in these TOU;
- use these Services in any manner inconsistent with or in violation of these TOU as well applicable local, state, national, or international laws and/or regulations having the force of law;
- upload, post, or otherwise transmit UGC in violation of Joognu’s rules relating to “Prohibited Content” as set forth in these TOU (i.e., upload, post, or otherwise transmit any UGC that infringes any patent, trademark, trade secret, copy right, lights of privacy or publicity, or other proprietary rights of any party);
- upload, post, or otherwise transmit any UGC that You do not have a right to transmit under any law or contractual or fiduciary relationship;
- upload, post, or otherwise transmit third-party content without such third party’s prior written consent, or content that falsely expresses or implies such consent;
- harm minors in any way;
- “stalk” or otherwise harass another;
- use other End Users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other End Users;
- impersonate another person or entity (including a Joognu employee or representative) or create a false or misleading identity;
- falsely state or otherwise misrepresent Your affiliation with any person or entity;
- use the account, user ID, or password of another End User at any time;
- transmit, e-mail, post, or upload any UGC that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancelbots, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- transmit, e-mail, post, or upload any UGC that contains software designed to monitor or persistently reside in or on any computer software or hardware or telecommunications equipment;
- interfere with, disrupt, or create an undue burden upon the Services or servers and/or networks connected to the Services;
- interfere with, disrupt, or create an undue burden upon another End User’s use and enjoyment of the Services;
- use the Services in any manner that could damage, disable, overburden, or impair the Services;
- attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining or any other means;
- harvest or collect e-mail addresses or other contact information of End Users; including user IDs, from the Services by electronic or other means;
- modify, adapt, translate, or reserve-engineer any portion of the Services, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Services;
- reformat or frame any portion of the web pages that are part of the Services; cover or obscure banner advertisements on Your Profile page or any page on the Services via HTML/CSS (Cascading Style Sheets) or any other means;
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
- disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation;
- upload, post, or transmit unsolicited commercial e-mail or “spam” or engage in any practice that is in any way connected with “spam”;
- use the Services as a forwarding service to another Web site;
- import, export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
- sell or otherwise transfer Your profile;
- engage in any other activity deemed by Joognu to be in conflict with the spirit or intent of these TOU;
- make any automated use of the Services, such as using scripts to add friends or send comments or messages;
- advertise or solicit third-party products and services, including Your own, to other End Users;
- display an advertisement on Your Profile, or accept payment or anything of value from a third party in exchange for Your performing any commercial activity on or through the Services on behalf of that third party, such as placing commercial content on Your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of Your “Top 5,” or sending private messages with a commercial purpose;
- circumvent, disable, or otherwise interfere with security features of the Services or features that prevent or restrict use or copying of any content or enforce these TOU; and/or send more request messages to servers of the Services in a given period of time than a single human can reasonably manually produce in the same period by using a conventional online web browser sending one message at a time.
13.Non-Commercial Use Only
The Services are for the personal use of registered Joognu End Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Joognu. Organizations, companies, and/or any other entities may not become an End User and should not use the Services for any purpose unless otherwise agreed to by Joognu. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Joognu or other End Users for the purpose of selling, engaging in, marketing, or promoting any other product or Services. Illegal and/or unauthorized uses of the Services, including collecting user IDs, e-mail addresses, or other personally identifiable information of End Users by electronic or other means, or the sending unsolicited e-mail, unauthorized framing of or linking to the Services, or any other use not expressly permitted in these TOU will be investigated, and legal action may be taken, including, without limitation, termination of Your right to use the Services, as well as civil, criminal, and injunctive redress. In addition to the above restrictions, You may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to Your Profile or other UGC posted on or through the Services for the purpose of extracting such information or other content.
14.Removal for Improper Conduct
Joognu may, but is under no obligation to, monitor Your conduct with respect to Your use of the Services for violations of these TOU. Joognu may remove any or all of Your UGC posted on or through the Services and/or terminate Your access to or communications through the Services if Joognu suspects a violation of these TOU. Joognu may also suspend or terminate Your access to the Services, if Joognu deems it necessary in order to protect the Services, or Joognu, its patent, affiliates, directors, agents, and employees from any form of harm.
16.Copyright Infringement Notification & Other Reports
Joognu relies on users of the Site to bring copyright violations to our attention. If you are aware of infringing materials on the Site, please notify Joognu at: email@example.com.
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit caclubindia.com to locate the material;
- Information reasonably sufficient to permit Joognu to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, joognu does not guarantee any action based upon the receipt of such information. ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
17.Communications with Joognu
Joognu welcomes Your feedback. Joognu encourages communications between the Joognu community and is open to suggestions made by End Users. By submitting unsolicited suggestions, You agree that Joognu may (but shall have to obligation to) use, modify, distribute, copy, and otherwise exploit such suggestions in any manner, as Joognu sees fit, without restriction or limitation of any kind, and You grant to Joognu a paid-in-full, perpetual, irrevocable, royalty-free license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that Joognu’s use or alleged use of a suggestion infringes any of Your rights.
18.Equipment and Electronic Form
The Services may be made available to You in several different Devices. You are solely responsible for providing, maintaining, and ensuring compatibility with the Services, all hardware, software, electrical and other physical requirements for Your use of the Services, including, without limitation, telecommunication and Internet access connections and links, web browsers or others equipment, programs, and service required to access and user the Services.
You have the right to receive these TOU in non-electronic form, You may request a non-electronic copy of these TOU at anytime. To receive a non-electronic copy of these TOU, please send Your request along with self-addresses stamped return envelope to Joognu’s Contact address listed below.
19.Subscription Fees, Premium Features, and other Charges
Joognu charges Rs. 5000/- (Ruppes Five Thousand only) to access the Services or for the basic use of the Services (creation and use of a profile, storing audio, visual, photographical, textual, and video content of your son(s) or daughter(s), view the same, share the same, gift the same to your loved ones etc.). You acknowledge that Joognu reserves the right to change its fee structure, with commercially reasonable notice to You, at anytime, in its discretion. You do have to pay for features referred to as the “Premium Feature” (“PFs”) and such other PFs that Joognu may so designate from time to time. These special features require a small fee and that fee will be made clear on the Services itself. You can make payment via your phone, Credit Card, or PayPal or any authorized payment gateway of JOOGNU
If Joognu terminates Your authorized End-User status because You have breached these TOU, You shall not be entitled to a refund of any unused portion of any applicable subscription or PF fees (as described herein). You are solely responsible for all data and/or connectivity charges that arise from the use of the Services via Your Devices. For more information about data and/or connectivity plans for a carrier, contact the carrier directly.
Other Charges like membership from Business Partners and membership from Institutional Partners are dealt with in separate agreement called “Business Associate Agreement”.
You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. In case of any demand from any government authority in respect of any tax for the services rendered to you, Joognu has right to demand the same from You and You are bound to pay the same else Joognu may take recourse to legal proceedings against You.
21.Proprietary and Intellectual Property Rights
Your Content Posted on or Through the Services
By Posting any UGC on or through the Services, You hereby grant to Joognu a fully paid, royalty-free, sub-licensable, non-exclusive worldwide license to use, modify, publicly perform, publicly display, reproduce, create derivative works, and distribute such UGC on or through the Services, and as otherwise provided for herein. By posting said UGC, You represent and warrant that: (a) You have the right to grant the license set forth in this section; (b) You own or otherwise have the right to post Your UGC; (c) the posting of Your UGC on or through the Services does not violate any privacy rights, publicity rights, copyrights, contract rights, patent, trademark, trade secret, or any other proprietary rights of any person or entity. Notwithstanding the foregoing, Joognu does not claim any ownership rights in such UGC, and You continue to have the right to use Your UGC in any way You desire. The license You grant Joognu above will terminate at the time You delete Your Account/ Profile and remove Your UGC from the Services. Joognu cannot guarantee, and will not be responsible or liable for any of Your UGC that is transmitted to or re-posted by other End Users.
All right title, and interest in the intellectual property and proprietary rights in the Services and all of the Joognu -generated content (e.g., text, audio, audiovisual, graphics, software, photographs, page layout, and design) available on or through the Services as well as all technical data and software used with the Services (software, scripts, and all other data) (the “Joognu Content”) are owned, licensed, or used with permission by Joognu. Joognu’s Content is protected by copyright, trademark, patent, trade secret, and other laws, and Joognu owns and retains all rights in the Joognu Content and the Services. Joognu hereby grants You a limited revocable, non-sublicensable license to reproduce and display the Joognu Content (excluding any software code) solely for Your Device. Except as otherwise provided above, You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Joognu Content appearing in or through the Services. Use of Joognu Content anywhere other than on or through the Services for any reason is prohibited. All features of and content on or through the Services is presumed to be proprietary and copyrighted, unless otherwise designated. Except for the UGC You submit and own, You have no proprietary rights whatsoever in the Services or its features. You agree that You will not alter, obscure, or otherwise remove any existing copyright, trademark, or proprietary rights, notices, or labels at any time. The parties acknowledge that a breach of Joognu’s intellectual property and/or proprietary rights will result in substantial injury that is difficult, if not impossible, to ascertain and compensate in monetary damages. Therefore, in addition to any other rights or remedies that Joognu may have in the event of a breach of its intellectual property or proprietary rights, Joognu shall be entitle to seek injunctive relief in a court of competent jurisdiction.
Third-party submissions of UGC will be available on or through the Services. You acknowledge that such third party UGC is not endorsed by Joognu, and does not reflect the opinion, recommendation, or advice of Joognu in any manner. If You believe any portion of said third-party UGC violates these TOU, You may notify Joognu of Your concern by containing Joognu using the information provided below. If You believe any portion of said third-party UGC violates Your copyright(s), you are advised to follow the process described in the Indian Information Technology Act, 2000 and / or Indian Copyright Act, 1957.
The brand name “Joognu” and the Joognu logos are trademarks of Joognu in the India and in various jurisdictions where Joognu operates around the world. The absence of a name or logo in this list does not constitute a waiver of any and all intellectual property rights that Joognu has established in any of its product, feature, or Services’ names or logos.
22.Unauthorized Hyper-Links, “Framing,” etc.
Unauthorized hyper-links, “Framing,” and site references are prohibited unless expressly authorized by Joognu. No one may hyper-link the Services, or portions thereof (including, but not limited to, logotypes, trademarks, branding, or copyrighted material), to a third-party Web site for any reason. Further, You are not allowed to reference Joognu’s domain names, or any page of the Services, in any commercial or non-commercial media without Joognu’s express permission. You are also prohibited from “framing” the Services (e.g., You are prohibited from removing or obstructing any content or sponsorship banners or other material anywhere on the Services).You specifically agree to cooperate with Joognu to remove or de-activate any such activities and are liable for all related damages.
23.Linked Third-Party Sites
The Services may link You to other Web sites on the Internet. These links are provided for Your convenience only. These third-party sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Joognu and You acknowledge that (whether or not such sites are affiliated in any way with Joognu) Joognu is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Joognu or any association with its operators. Further, Joognu cannot ensure that You will be satisfied with any products or services that You purchase from any third-party site that links to or from the Services since those other sites are owned and operated by independent third parties. Unless otherwise explicitly specified by Joognu in writing, Joognu does not endorse any of the products or contents, nor has Joognu taken any steps to confirm the accuracy or reliability of any of the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You irrevocably waive any claim against Joognu with respect to such sites. We strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online dealing/ transaction with any of these third-party sites.
24.Term and Termination
These TOU will remain in full force and effect while You use the Services or are a registered End User. You may terminate Your relationship with Joognu at any time, by e-mailing your user name and password to firstname.lastname@example.org. Joognu may also terminate this relationship for any reason, at any time.
If Joognu terminates this relationship or suspends/ terminates Your access to the Services because You have breached these TOU, You will not be entitled to any refund of unused fees. Once Your relationship with Joognu terminates, You will have no right to use the Services. Even after Your relationship is terminated, certain sections of these TOU will remain in effect. Joognu’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability, and miscellaneous provisions shall survive any such termination. Joognu may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Services, or any part thereof, with or without notice. You agree that any termination of access to the Services under any provision of these TOU may be effected without notice, and acknowledge and agree that Joognu may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Where possible, Joognu will use reasonable efforts to give End Users fair notice of termination or suspension of their access to the Services. You further agree that Joognu shall not be liable to You or any third party for any termination or suspension of access to the Services or modification of the Services.
25.Disclaimer of Warranties
You agree that Your use of the Services is entirely at Your own risk. The Services, and all materials, information (including, without limitation, text, graphics, links, or any information or materials obtained or accessed through the Services), and products included therein are provided “as is,” “with all faults,” “as available,” with no warranties whatsoever and therefore Joognu expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of intellectual property and/or proprietary rights.
Joognu disclaims any responsibility for the accuracy, completeness, legality, reliability, or operability of information, content, or materials on the Services. Joognu cannot and does not guarantee and does not promise any specific result from use of the Services. No advice or information, whether oral or written, obtained by You from Joognu, or from or through the Services, shall create any warranty not expressly stated herein. You have no right to rely on any information contained herein as accurate. Joognu makes no such warranty. Joognu does not warrant or make any representations regarding the results of the information materials, software, facilities, Services, or other content on the Services or any sites linked to the Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Joognu does not warrant that the functions and features made available through the Services will be available, uninterrupted, or error-free, that defects will be corrected, or that its servers are free of viruses or other harmful components. Joognu expressly disclaims any and all responsibilities and liability for the conduct of any other End User, and expressly disclaims that UGC inputted by other End Users is either correct or accurate. Joognu is not responsible for the conduct, whether online or offline, of any End User or other users of the Services. Under no circumstance will Joognu be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, any UGC posted on or through the Services or transmitted to End Users or other users, or any interactions between or among End Users or other users of the Services, whether online or offline. Joognu takes no responsibility for third-party advertisements which are posted through the Services, nor does it take any responsibility for the goods or services provided by it advertiser. Some states does not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to You. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to You only to the extent permitted by applicable law.
26.Limitation on Liability
Your use of the Services is at Your sole risk. Joognu is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems, or traffic congestion on the Internet or at any Web site or combination thereof. Joognu is not responsible for any injury or damage to any Devices belonging to any user of the Services, any End User, or any other person related to or resulting from use of the Services, viewing, playing, or downloading any UGC on or from the Services, or otherwise in any way in connection with the Services.
Joognu assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or End User communications. Under no circumstances will Joognu, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, end users, agents and employees, be liable to You for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, revenue, goodwill, use data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the Services, whether or not Joognu has been advised of the possibility of such damages or loss. Such limitations of liability shall apply (A) whether the damages arise from the Services or from the interruption, suspension, or termination of the Services (including such damages incurred by third parties), and (B) notwithstanding any failure of essential purpose of any limited remedy and do the fullest extent permitted by law.
You agree to indemnify and hold Joognu and its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, End Users, agents, and employees forever harmless and to defend (at Joognu’s request) them, against any third-party claim arising from or in any way related to Your use of or conduct or UGC posted on the Services, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgment, litigation costs, expenses, and attorney’s fees, of every kind and nature. In such a case, Joognu will provide You with written notice of such claim, suit, or action.
You agree to indemnify and hold Joognu and its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners forever harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of or relating to: (A) Your use of the Services (including the posting by You of any UGC through the Services) in violation of these TOU; (B) any other breach of these TOU by You; (C) the infringement of any intellectual property or proprietary right if any person or entity carried out under Your account; or (D) any breach of Your representations and warranties set forth herein. You agree that in the event You cause damage that Joognu is required to pay for, You promise to indemnify Joognu for all such payments made.
While Joognu reserves the right, but has no obligation, to monitor or moderate disputes between You and other End Users, You are solely responsible for Your interactions with other End Users.
These TOU constitute the entire agreement between You and Joognu regarding the use of the Services and the subject matter hereof. These TOU supersede and replace all prior versions of the same or contemporaneous understandings, whether written or oral, regarding such subject matter.
Applicable Law, Jurisdiction, and Venue
These TOU are governed by construed in accordance with the laws of India, without giving effect to its conflict-of-laws provisions or Your actual state or country of residence unless Your country mandates its own laws. for the resolution of disputed matters arising under or in connection with these TOU or otherwise from Your use of the Services, You agree to submit to the personal and exclusive jurisdiction and venue of the court located in [Ahmedabad], [Gujarat] (India) unless Your country mandates its own venue. Notwithstanding any of the foregoing, You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
If any dispute arises between you and Joognu during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Term of Use Agreement or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Joognu. The place of arbitration shall be Ahmedabad. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Joognu may provide You with notices regarding the Services of these TOU by regular mail, e-mail, or posting on or through the Services.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between You and Joognu or between Joognu and any other End User or user of the Services.
You shall comply with all applicable domestic and international laws, statues, ordinances, regulations, contracts, and applicable licenses regarding Your use of Services. Joognu makes no representation that UGC posted on or through the Services are appropriate or available for use outside the India, its territories, possessions, and protectorates. If You choose to access the Services from such foreign locations You do so on Your own initiative and at Your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of UGC exported to or from the India or the Country from which You reside.
These TOU operate to the fullest extent permissible by applicable law. If any provision of these TOU shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms to extent they are unlawful, void, or unenforceable and shall not affect the validity and enforceability of any of the remaining portions of that provision or any of the other provisions of these TOU.
You shall not assign these TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Joognu’s prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Joognu be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts of tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The failure of Joognu to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. Any waiver of any provision of these TOU by a party will be effective only if in writing and signed by a party.
The section headings in these TOU are for convenience only and have no legal or contractual effect.
Should You wish to contact Joognu about Copyright, privacy, or any other reasons that have been outline in these TOU, You may do so by one of the following methods:
For customer services support email at email@example.com