3. Intellectual Property Rights
2. Subject to the restrictions under Paragraph 4 (Restrictions on Use) below, you agree that all copyright and other proprietary notices on any Covered Sites content must be retained on all copies thereof.
4. Restrictions on Use
2. You shall not:
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Covered Sites, without express written consent of Vegam Solutions;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Covered Sites;
(c) you shall not access the Covered Sites in order to build a similar or competitive service;
(d) copy, reproduce, distribute, republish, download, displayed, poste or transmit in any form or by any means, any part of the Covered Sites, for any commercial purpose, without express written consent of Vegam Solutions;
(e) use the Covered Sites in any way that causes, or may cause, damage to the Covered Sites or impair the availability or accessibility of the Covered Sites or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
(f) conduct any systematic or automated data collection activities on or in relation to the Covered Sites without express written consent of Vegam Solutions;
(g) use the Covered Sites or any part of it to transmit or send unsolicited commercial communications, or for any other purposes related to marketing, without express written consent of Vegam Solutions.
5. User Accounts
1. You may need to register an account with us in order to use or access some of the Services on the Covered Sites, as also to generate content on the Covered Sites.
2. To be eligible to register an account with us, you must be at least 18 years of age.
4. Your User Registration gives you access to the services you have subscribed to under the applicable service plan(s).
5. Your subscription to Services in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by Vegam Solutions. The content downloaded during subscription period is accessible only till your subscription is active and in good standing.
6. You will be solely responsible for maintaining the confidentiality of your User Registration and log-in details, and we will not be responsible for misuse of your User Registration by any third party, whether authorized by you or not. You may never use another user’s account without permission. You also prohibited from share your log-in details and let anyone access your account, or do anything that might put your account at risk.
7. You are responsible for any activity on the Covered Sites arising out of any failure to keep your User Registration confidential, and may be held liable for any losses arising out of such a failure. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
8. Vegam Solutions reserves the right to refuse to offer access to or use of the Covered Sites to any person or entity at heir sole discretion including by changing its eligibility criteria at any time.
9. Vegam Solutions may (a) suspend your User Registration; (b) cancel your User Registration, and/or (c) edit your User Registration, at any time in our sole discretion without notice or explanation.
6. User Content
6.1 The Covered Sites may allow visitors and users to submit to, or use with, the Covered Sites, information and content (“User Content”). Such User Content is neither pre-screened nor verified by Vegam Solutions. Accordingly, Vegam Solutions does not claim any liability for any consequence arising out of or in connection with such User Content. While we will do our best to monitor, reject, edit or remove such User Content (as applicable), we neither endorse the opinions expressed in the User Content nor guarantee the completeness, truthfulness, accuracy, or reliability of any of the User Content. You therefore agree to use the User Content for informational purposes only and any reliance placed on the same shall be solely at your own risk.
6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual and fully sub-licensable right to use, reproduce, store, adapt, publish, translate, prepare derivative works from, publicly display, distribute, incorporate into other works, and otherwise use your User Content. You hereby irrevocably waive all your moral rights in your User Content, to the maximum extent permitted by applicable law.
6.3 You hereby represent and warrant that your User Content does not violate User Content Rules (defined in Paragraph 7 below). You hereby agree that Vegam Solutions has the right but not the obligation to monitor and edit or remove any activity or content. Vegam Solutions takes no responsibility and assumes no liability for any content posted by you or any third party.
7. User Content Rules
1. You agree that any User Content posted, submitted or in any way made available by you on the Covered Sites shall comply with User Content Rules provided herein
2. You shall not host, display, upload, modify, publish, transmit, update or share any information (in any media or form), whether in the form of an article, comment, query, response, review or otherwise, that, inter alia:
(b) Infringes upon any third party’s intellectual property rights or other proprietary rights including but not limited to copyright, patent, trade mark, database rights and trade secrets;
(c) Is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
(d) Is harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way;
(e) Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(f) Includes personal or identifying information about another person without that person’s explicit consent.
(g) Is false, deceptive, misleading, deceitful, or constitute impersonation of any person or entity;
(h) Is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicate or unsolicited messages,
whether commercial or otherwise;
(j) Consist of or contain software viruses that restrict or inhibit any other user from using and enjoying the Covered Sites or the Services offered on them.
3. The above is a non-exhaustive list which the users should use as a guide.
8. Mobile Apps and Third-Party Services
9. External Content
1. The Covered Sites might contain links to third party websites, services, and advertisements for third parties. Third party websites may in turn link to the Covered Sites. You acknowledge and agree that third party websites, advertisements and services are not under the control of Vegam Solutions and Vegam Solutions is not responsible for the information, content, products, services, advertising, or other materials which may be provided therein (“External Content”).
2. The inclusion of any link to such External Content on the Covered Sites does not imply Vegam Solution’s endorsement, sponsorship, or recommendation of such External Content. Vegam Solutions specifically states that the links to External Content have been provided for convenience purpose and Vegam Solution does not review, approve, monitor, warrant, make any representations, or assume any liability whatsoever in connection with the use or reliance of such External Content.
3. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you click on or use.
1. We use data collection devices such as “cookies” on certain pages of the Covered Sites to manage our users’ sessions, store preferences, serve ads, track information, help analyse our web page flow, measure promotional effectiveness, and promote trust and safety.
2. The types of information cookies collect may include personal information such as your name, contact details, personal preferences, and details of your use of the Covered Sites.
4. We may also allow third-party advertising companies and marketing services companies to serve ads and other content when you visit the Covered Sites and elsewhere on the internet and in other media. These third-party service providers may place third-party cookies and use the information about your visits, buying behavior, browsing history, preferences, to this Covered Sites and elsewhere to serve ads and other content to you. We cannot control or access cookies used by third-party service providers.
5. In addition, we may provide your personal information to marketing services companies on an anonymous and aggregate basis to allow them to market their products or services, or for other marketing purposes. This may be information we received from you offline and online.
12. Limitations and Exclusions of Liability
12.1 All information, content, materials, products (including software) and Services included on or otherwise made available to you on or through the Covered Sites are provided on an “as is” without any representations or warranties, and other terms which might otherwise be implied by statute, common law or the law of equity including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose.
12.2 Vegam Solutions does not warrant that the information, content, materials, products (including software) or other Services included on or otherwise made available to you on or through the Covered Sites (whether by Vegam Solutions, its suppliers, content providers and advertisers), Vegam Solutions’ servers or electronic communications sent by Vegam Solutions are free of viruses or other harmful components.
12.3 Vegam Solutions shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for business losses, loss of contracts or business relationships, profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of the Covered Sites and any materials posted thereon, products (including software) or other Services or otherwise made available to you on or through the Covered Sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.4 Without prejudice to the generality of the foregoing paragraph, Vegam Solutions does not warrant or represent:
(a) the completeness or accuracy of the information published on the Covered Sites;
(b) that the material on the Covered Sites is up to date;
(c) that the Covered Sites or any Service on the Covered Sites will remain available.
12.6 The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
14. Governing Law and Dispute Resolution
1. These terms and conditions shall be governed by and construed in accordance with the laws of India.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Vegam Solutions registered office.
16. Entire Agreement
(a) was already known to the receiving party at the time of disclosure by the disclosing party;
(b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information;
(d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.