IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS") BEFORE USING THE SITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR INDEMNITY TO US, MANDATORY ARBITRATION AND WAIVER OF THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
Ownership of Site Materials
Materials. The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material the "look and feel" of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the "Materials") are owned, controlled by meharbhagat.com, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by meharbhagat.com, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for meharbhagat.com and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way meharbhagat.com's rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of meharbhagat.com 's rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so. Meharbhagat.com Site is developed on open source platform, using open source widgets, themes, tool, etc that are readily available and freely under their specified licenses. Meharbhagat.com does not hold rights, trade marks, any copyrights to such platforms.
Copyright/Trademarks. Without limitation, meharbhagat.com owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers, development platforms widgets, themes, tool, etc owns the copyright in content or work that is original to them. Trademarks and service marks that appear on the Sites, including, but not limited to, those listed, are the service and trademarks of meharbhagat.com, serviced organizers, web development tools or affiliated companies. Without meharbhagat.com 's prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to meharbhagat.com or their respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of meharbhagat.com, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
License. Subject to your strict compliance with these Terms and any Additional Terms, meharbhagat.com grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to: download (temporary storage only), display, view, use and/or play a single copy of the Materials in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an "Internet Device") for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of the Sites' software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience of the Sites. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Materials, and (ii) may be immediately suspended or terminated for any reason, in meharbhagat.com's sole discretion, and without advanced notice or liability. In some instances, we may permit you to have greater access to and use of Materials, subject to certain Additional Terms.
Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute downloaded the Materials (except as may be a result of standard Internet browser or search engine and share open links available on site); (b) fail to follow the instructions provided on the Sites in a "robots.txt" file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or meharbhagat.com without the prior written consent of meharbhagat.com.
User Content. The Sites may provide you and others with the opportunity to participate in forums, blogs, O groups, message boards, social networking, social communities and other communication functionality (collectively, "User Forums") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to meharbhagat.com or the Sites, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").
Terms Applicable to User Content. Except as otherwise described in the Sites' posted Privacy Policy, or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential and non-proprietary — regardless of whether you mark them "confidential," "proprietary," or the like — and will not be returned; and (b) meharbhagat.com does not assume any obligation of any kind to you or any third party with respect to your User Content. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of such rights to enter into these Terms and grant meharbhagat.com these licenses. Upon meharbhagat.com's request, you will furnish meharbhagat.com any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to meharbhagat.com.
License to meharbhagat.com for User Content. Except as may otherwise be described in any Additional Terms (such as a contest official rules), which govern the submission of your User Content), you grant to meharbhagat.com the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license (through multiple levels), display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. Without limitation, the granted rights include the right to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine the same with other materials. You further agree that meharbhagat.com is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or meharbhagat.com, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, without compensation to you of any kind. You further perpetually and irrevocably grant meharbhagat.com the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to meharbhagat.com the right to sub-license and authorize others to exercise any of the rights granted to meharbhagat.com under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to meharbhagat.com under these Terms. You further authorize meharbhagat.com to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
meharbhagat.com's Obligations Regarding User Content. You agree that meharbhagat.com has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' licensed rights to your User Content. You further acknowledge and agree that meharbhagat.com will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and meharbhagat.com may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that meharbhagat.com reserves the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which meharbhagat.com will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in the House Rules when notice of such violations are directed to meharbhagat.com's attention. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that meharbhagat.com is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
Your Obligations Regarding User Content. You agree that you must evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As meharbhagat.com may not pre-screen User Content, you bear legal responsibility for others' exposure to any offensive indecent or objectionable content in User Content.
meharbhagat.com's Exclusive Right to Manage All User Content. meharbhagat.com may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and meharbhagat.com may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party. meharbhagat.com reserves the right, however, to treat User Content on the Sites as content stored at the direction of users for which meharbhagat.com will not exercise control except to block or remove content that comes to meharbhagat.com's attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable, or to enforce the rights of third parties or the content restrictions set forth below in the House Rules when notice of their violation comes to meharbhagat.com's attention. Such User Content submitted by you or others need not, however, be maintained on the Sites by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Sites or elsewhere.
Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant meharbhagat.com the rights to it that you are granting by these Terms and any Additional Terms, all without any meharbhagat.com obligation to obtain the consent of any third party and without creating any obligation or liability of meharbhagat.com; (b) the User Content is accurate; (c) the User Content does not and, as to meharbhagat.com's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the House Rules) or any Additional Terms, or cause injury or harm to any person.
Enforcement. meharbhagat.com has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at meharbhagat.com's cost and expense, to which you hereby consent and irrevocably appoint meharbhagat.com as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Idea Submissions Prohibited. Meharbhagat.com does not accept unsolicited submissions for motion pictures, television programs, web sites, articles e-books, or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of meharbhagat.com (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to meharbhagat.com through the Sites, including User Forums, by e-mail, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to meharbhagat.com the right and license to the submission as if it were User Content as specifically set forth above. In addition, meharbhagat.com retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. meharbhagat.com's receipt of your unsolicited ideas and materials is not an admission by meharbhagat.com of their novelty, priority, or originality, and it does not impair meharbhagat.com's right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
House Rules:As a user of the Sites, you agree that the House Rules located at House Rules are there to help you understand the conduct that is expected of meharbhagat.com users who participate in User Forums, including any social networking opportunities on the Sites. In addition to the House Rules, we ask that your User Content relate to the content on the Sites and should be intended to add to the discussion and community on the Sites. It should not include irrelevant topics or postings. Your participation in the User Forums is subject to all the Terms, including the House Rules and Additional Terms. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in our sole discretion, violates these Terms, including the House Rules or any Additional Terms, or that we otherwise find objectionable.
Copyright Complaints
We respect the intellectual property rights of others, and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the Sites by third parties not within our control, and we are under no obligation to and do not review all content on the Sites for the inclusion of illegal or impermissible content. However, meharbhagat.com does not to permit material known by us to infringe another party's copyright to remain on the Sites. In accordance with the Digital Millennium Copyright Act (the "DMCA") and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be repeat infringers. If you believe any material on the Sites infringes a copyright, you should email us and provide us with written notice with relevant links of your work on our site and your site or works which is copyrighted with relevant information.
Account Registration:Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features, such as our User Forums, in order to receive electronic newsletters or mobile alerts or to access certain Materials or post User Content or to participate in social networking activities. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Sites or engage in social networking. When you provide information to the Sites, you agree to provide only true, accurate, current and complete information and acknowledge that it is your responsibility to keep registration and credit card information (if any) current.
If you register on the Sites and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet Device, as applicable) so that others may not access the password protected portion of the Sites using your account in whole or in part. You are fully responsible for all transactions and other activities that are undertaken using your username or password, including unauthorized use, until you terminate your account or notify meharbhagat.com that your username or password has been lost, stolen or otherwise compromised. meharbhagat.com reserves the right to terminate your account or otherwise deny you access, in its sole discretion, without notice and without liability.
Your Warranties: You represent and warrant that: (i) you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to meharbhagat.com is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.
User Interactions and Disputes: You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all of your other online activities.
Promotions: From time to time, meharbhagat.com may conduct promotions on or through the Sites, including without limitation, contests, and other promotions ("Promotions"). Each Promotion may have additional terms and/or rules of participation ("Promotion Rules"), which will be posted or otherwise made available to you. The Promotion Rules for each Promotion in which you participate will be deemed incorporated into and form a part of these Terms for the Promotion(s). It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements.
Linked Websites; Advertisements. The Sites may contain links, as part of third-party ads on the Sites or otherwise, to or from third-party websites ("Linked Websites"), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with meharbhagat.com. meharbhagat.com may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and meharbhagat.com does not assume any obligation to review any Linked Websites. meharbhagat.com does not endorse, approve, or sponsor any Linked Websites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, meharbhagat.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, meharbhagat.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within any Linked Websites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. meharbhagat.com disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Sites (including, but not limited to, on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). meharbhagat.com disclaims all liability in connection therewith.
Linking Policy: meharbhagat.com grants you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) may only link to a Site's home page unless meharbhagat.com has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (c) must not imply that meharbhagat.com or the Sites are endorsing or sponsoring it or its products, unless meharbhagat.com has given its prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in meharbhagat.com's sole opinion, harm meharbhagat.com or its products or services; (e) must not use any meharbhagat.com trademarks without the prior written permission from meharbhagat.com; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in meharbhagat.com's sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, meharbhagat.com reserves the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Wireless Features. The Sites may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Sites' features and upload content to the Sites, receive messages from the Sites, and download applications to your wireless Internet Device (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify meharbhagat.com of any changes to your wireless contact information (including phone number) and update your accounts on the Sites to reflect the changes.
Software and Other Items Available For Download: Any items that we make available for download or use from the Sites and/or our servers (the "Downloadable Items") are the copyrighted work of meharbhagat.com or its licensors or suppliers. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Sites, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application.
Disclaimer of Warranties
THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MEHARBHAGAT.COM AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE " MEHARBHAGAT.COM PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM MEHARBHAGAT.COM OR VIA THE SITES. IN ADDITION, THE MEHARBHAGAT.COM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE MEHARBHAGAT.COM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE MEHARBHAGAT.COM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE MEHARBHAGAT.COM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MEHARBHAGAT.COM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE MEHARBHAGAT.COM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MEHARBHAGAT.COM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITES. TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER.S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MEHARBHAGAT.COM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE MEHARBHAGAT.COM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MEHARBHAGAT.COM PARTIES. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TWO THOUSAND INR.
YOU’RE ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE MATERIALS, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE MATERIALS.
WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND WILL NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
GOVERNING LAW/JURISDICTION. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW DELHI, INDIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE INDIA CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITES, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR COURTS LOCATED IN NEW DELHI, DELHI AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN NEW DELHI, INDIA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Notices & Announcements
You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Services or the notifications area or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address.
Miscellaneous: The failure of meharbhagat.com to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit meharbhagat.com's rights with respect to such breach or any subsequent breaches. No waiver by meharbhagat.com of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of meharbhagat.com. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Meharbhagat.com may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without meharbhagat.com's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against meharbhagat.com by virtue of having drafted them. Meharbhagat.com reserves the right to deny access to all or part of the Sites to you or any person in its sole discretion without notice or liability of any kind. Any violation of these Terms may be referred to law enforcement authorities. These Terms, together with any Additional Terms constitutes the entire understanding and agreement between you and meharbhagat.com and supersedes any and all prior or inconsistent understandings relating to the Sites and your use of the Sites and services provided by the Sites.