Dhamaka.co.nr Terms of Service
1. ACCEPTANCE OF TERMS
Dhamaka.co.nr ("Dhamaka.co.nr") welcomes you. Dhamaka.co.nr provides its service
to you subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. In addition, when using
particular Dhamaka.co.nr owned or operated services, you and Dhamaka.co.nr shall
be subject to any posted guidelines or rules applicable to such services, which
may be posted from time to time. All such guidelines or rules (including but not
limited to our Spam Policy) are hereby incorporated by reference into theTOS.
Dhamaka.co.nr may also offer other services that are governed by different Terms
of Service.
2. DESCRIPTION OF SERVICE
Dhamaka.co.nr provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services, search
services, personalized content and branded programming through its network of
properties which may be accessed through any various medium or device now known
or hereafter developed (the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are necessary
for Dhamaka.co.nr to provide the Service. You also understand and agree that the
Service may include certain communications from Dhamaka.co.nr, such as
serviceannouncements, administrative messages and the Dhamaka.co.nr Newsletter,
and that these communications are considered part of Dhamaka.co.nr membership
and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new Dhamaka.co.nr properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and that
Dhamaka.co.nr assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You are
responsible for obtaining access to the Service, and that access may involve
third-party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that Dhamaka.co.nr has created certain areas on the Service that
contain adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the India or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Dhamaka.co.nr has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Dhamaka.co.nr has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). Dhamaka.co.nr is concerned aboutthe safety and privacy of all its
users, particularly children. For this reason, parents of children under the age
of 18 who wish to allow their children access to the Service must create a
Dhamaka.co.nr Family Account.
When you create a Dhamaka.co.nr Family Account and add your child to the
account, you certify that you are at least 18 years old and that you are the
legal guardian of the child/children listed on the Dhamaka.co.nr Family Account.
By adding a child to your Dhamaka.co.nr Family Account, you also give your child
permission to access many areas of the Service, including, email, message boards
and instant messaging (among others).
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine
whether any of the Service areas and/or Content (as defined in Section 6 below)
are appropriate for your child.
4. Dhamaka.co.nr PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy. You
understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the India and/or other countries for storage,
processing and use by Dhamaka.co.nr and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY (Forums)
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Dhamaka.co.nr of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Dhamaka.co.nr cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics,video,essages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the soleresponsibility of
the person from whom such Content originated. This means that you, and not
Dhamaka.co.nr, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service.
Dhamaka.co.nr does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Dhamaka.co.nr
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; harm minors in any way; impersonate any
person or entity, including, but not limited to, a Dhamaka.co.nr official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Service; upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); upload, post, email, transmit
or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose (please read our
complete Spam Policy); upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; disrupt the
normal flow of dialogue, cause a screen to "scroll" faster than other users of
the Service are able to type, or otherwise act in a manner that negatively
affects other users'ability to engage in real time exchanges; interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Service; You acknowledge that Dhamaka.co.nr may or may not pre-screen
Content, but that Dhamaka.co.nr and its designees shall have the right (but not
the obligation) in their sole discretion topre-screen, refuse, or remove any
Content that is available via the Service. Without limiting the foregoing,
Dhamaka.co.nr and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
Dhamaka.co.nr or submitted to Dhamaka.co.nr,includingwithoutimitationinformation
in Dhamaka.co.nr Message Boards and in all other parts of the Service.You
acknowledge, consent and agree that Dhamaka.co.nr may access, preserve and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights,property or
personal safety of Dhamaka.co.nr, its users and the public.You understand that
the technical processing andtransmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.You
understand that the Servic and software embodied within the Service may include
security components that permitdigitalmaterials to be protected, and that use of
these materials is subject to usage rules set by Dhamaka.co.nr and/or content
providers who provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON Dhamaka.co.nr NETWORK
When you register with Dhamaka.co.nr, you acknowledge that in using
Dhamaka.co.nr services to send electronic communications (including but not
limited to email, search queries, sending messages to Dhamaka.co.nr Chat or
Dhamaka.co.nr Groups, uploading photos and files to Dhamaka.co.nr Photos or
Briefcase, and other Internet activities), you will be causing communications to
be sent through Dhamaka.co.nr's computer networks, portions of which are located
in Jind and other locations in the India and portions of which are located
abroad. As a result, and also as a result of Dhamaka.co.nr's network
architecture and business practices and the nature of electronic communications,
even communications that seem to be intrastate in nature can result
inthetransmission of interstate communications regardless of where you are
physically located at the time of transmission. Accordingly, by agreeing to this
Terms of Service, you acknowledge that use of the service results in interstate
data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the India or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Dhamaka.co.nr does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant Dhamaka.co.nr the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly
accessible areas of Dhamaka.co.nr Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
Dhamaka.co.nr Group to which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or Dhamaka.co.nr
removes such Content from the Service. With respect to photos, graphics, audio
or video you submit or make available for inclusion on publicly accessible areas
of the Service other than Dhamaka.co.nr Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Contenton the Service and will terminate at the time you remove or
Dhamaka.co.nr removes such Content from the Service. With respect to Content
other than photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than Dhamaka.co.nr
Groups, the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and to incorporate such
Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Dhamaka.co.nr
network of properties that are intended by Dhamaka.co.nr to be available to the
general public. By way of example, publicly accessible areas of the Service
would include Dhamaka.co.nr Message Boards and portions of Dhamaka.co.nr Groups,
Photos and Briefcase that are open to both members and visitors. However,
publicly accessible areas of the Service would not include portions of
Dhamaka.co.nr Groups that are limited to members, Dhamaka.co.nr services
intended
for private communication such as Dhamaka.co.nr Mail or Dhamaka.co.nr Messenger,
or areas off of the Dhamaka.co.nr network of properties such as portions of
World Wide Web sites that are accessible via hypertext or other links but are
not hosted or served by Dhamaka.co.nr.
10. CONTRIBUTIONS TO Dhamaka.co.nr
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to Dhamaka.co.nr through its suggestion or feedback webpages, you acknowledge
and agree that: (a) your Contributions do not contain confidential or
proprietary information; (b) Dhamaka.co.nr is not under any obligation of
confidentiality, express or implied, with respect to the Contributions; (c)
Dhamaka.co.nr shall be entitled to use or disclose (or choose not to use or
disclose) such Contributions for any purpose, in any way, in any media
worldwide; (d) Dhamaka.co.nr may have something similar to the Contributions
already under consideration or in development; (e) your Contributions
automatically become the property of Dhamaka.co.nr without any obligation of
Dhamaka.co.nr to you; and (f) you are not entitled to any compensation or
reimbursement of any kind from Dhamaka.co.nr under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Dhamaka.co.nr and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your
Dhamaka.co.nr ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Dhamaka.co.nr may establish general practices and limis
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Dhamaka.co.nr's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that Dhamaka.co.nr
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by
the Service. You acknowledge that Dhamaka.co.nr reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Dhamaka.co.nr reserves the right to modify these general
practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
Dhamaka.co.nr reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Dhamaka.co.nr shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
15. TERMINATION
You agree that Dhamaka.co.nr may, under certain circumstances and without prior
notice, immediately terminate your Dhamaka.co.nr account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the
Services. Termination of your Dhamaka.co.nr account includes (a) removal of
access to all offerings within the Service, including but not limited to
Dhamaka.co.nr Mail, Groups, Messenger, Chat, Domains, Personals, Auctions,
Message Boards, Greetings, Alerts and Games, (b) deletion of your password and
all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in
Dhamaka.co.nr's sole discretion and that Dhamaka.co.nr shall not be liable to
you or any third party for any termination of your account, any associated email
address, or access to the Service.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Dhamaka.co.nr shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Dhamaka.co.nr has no control over such sites and
resources, you acknowledge and agree that Dhamaka.co.nr is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that Dhamaka.co.nr 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 use of or reliance on any such Content, goods or services
available on or through any such site or resource.
18. Dhamaka.co.nr'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
Dhamaka.co.nr or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.Dhamaka.co.nr grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work from, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, nor to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided by
Dhamaka.co.nr for use in accessing the Service.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Dhamaka.co.nr AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Dhamaka.co.nr AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM Dhamaka.co.nr OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.A SMALL PERCENTAGE OF
USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS
OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO
HAVE NO HISTORY OF PRIOR SEIZURESOR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Dhamaka.co.nr AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Dhamaka.co.nr HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) NAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
IMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY
TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 19 and
20 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. Dhamaka.co.nr and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions based on such
information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
24. NOTICE
Dhamaka.co.nr may provide you with notices, including those regarding changes to
the TOS, by email, regular mail or postings on the Service.
25. TRADEMARK INFORMATION
Dhamaka.co.nr and logos and product and service names are trademarks of
Dhamaka.co.nr (the "Dhamaka.co.nr Marks"). Without Dhamaka.co.nr's prior
permission, you agree not to display or use in any manner the Dhamaka.co.nr
Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
Dhamaka.co.nr respects the intellectual property of others, and we ask our users
to do the same. Dhamaka.co.nr may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Dhamaka.co.nr's Copyright Agent the
following information:an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest; a description of the copyrighted work or other intellectual
property that you claim has been infringed; a description of where the material
that you claim is infringing is located on the site; your address, telephone
number, and email address; a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
Dhamaka.co.nr and governs your use of the Service, superseding any prior
agreements between you and Dhamaka.co.nr with respect to the Service. You also
may be subject to additional terms and conditions that may apply when you use or
purchase certain other Dhamaka.co.nr services, affiliate services, third-party
content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
Dhamaka.co.nr shall be governed by the laws of the India without regard to its
conflict of law provisions. You and Dhamaka.co.nr agree to submit to the
personal and exclusive jurisdiction of the courts located at Jind (India)Waiver
and Severability of Terms. The failure of Dhamaka.co.nr to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and
effect.No Right of Survivorship and Non-Transferability. You agree that your
Dhamaka.co.nr accounts non-transferable and any rights to your Dhamaka.co.nr ID
or contents within your account terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.The section titles in the TOS are for
convenience only and have no legal or contractual effect.
28. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
Dhamaka Team
Dhamaka.co.nr