Terms of Service

7 years 15 weeks ago                       5,187 views(1 today)

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE

1. Introduction

1.1 Your use of V and V Media Technologies (henceforth “V & V”) products, software, services and web sites, including but not limited to www.thiray.com, hereinafter referred to as “Thiray” (referred to collectively as the “services” in this document
and excluding any services provided to you by V & V under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with V & V will always include, at a minimum, the terms and conditions set out in this document.

2. Accepting the Terms

2.1 On clicking the relevant checkbox or button, you accept and agree to the terms, where this option is made available to you by V & V in the user interface for any service.

2.2 In order to use the services, you must first agree to the terms. You may not use the services if you do not accept the terms.

2.3 The terms shall also apply to any visitor who, upon visiting the site, engages or attempts to engage the site by entering or attempting to enter any information or accessing or attempting to access any data stored thereon.

3. Provision of the services by V & V

3.1 V & V is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which V & V provides may change from time to time without prior notice to you. V & V shall not be responsible for any loss or damage caused by a modification of the features which are part of the services.

3.2 You acknowledge and agree that V & V may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at V & V’s sole discretion.

3.3 You acknowledge and agree that if V & V disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while V & V may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by V & V at any time, at V & V’s discretion.

3.5 The supply of the services will be subject to your making payments at the regular intervals as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, V & V shall not be made liable or called on to repay any amount paid during any billing cycle.

4. Use of the services by you

4.1 In order to access certain services, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the services. You agree that any registration information you give to V & V will always be accurate, correct and up to date.

4.2 You agree to use the services only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines applicable in your geographical location.

4.3 You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by V & V, unless you have been specifically allowed to do so in a separate agreement with V & V. You specifically agree not to access (or attempt to access) any of the services through any automated means (including through the use of scripts or web crawlers)

4.4 You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).

4.5 Unless you have been specifically permitted to do so in a separate agreement with V & V, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.

4.6 You agree that you are solely responsible for (and that V & V has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which V & V may suffer) of any such breach.

4.7 You will not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in any manner whatsoever which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or any instruction or set of instructions or program, code, script or through any other means and/ or engaging in illegal activities including spamming, spoofing, hacking, cracking, espionage, collecting information etc either through instructions and/or automated processes, etc. including BOTs,
crawlers, keyloggers, codes, programs, scripts, etc or otherwise; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through Infotainindia which amounts to infringement of copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder/author.

4.8 You will not indulge in harassing, victimising, scandalising, threatening or promoting ill-will, hatred or disharmony between any community, race, caste, culture, religion, creed, gender or the like in any manner; Or in addition to the actions mentioned, act in any manner in contravention of any law, charter or convention ratified by the India and made punishable through any law or act punishable for the time being in force in India

4.9 V & V reserves the right to investigate and take appropriate legal action without limitation at its sole discretion against any user or member who violates or misuses the on-line services, including but not limited to terminating the membership of such violators who promote information that is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or solicits passwords or personal identifying information for commercial or unlawful purposes from other users and/or engages in commercial activities and / or sales promotion such as contests, sweepstakes, barter, advertising, and pyramid schemes.

5. Your passwords and account security

5.1 You agree and understand that you are responsible to V & V and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the services. You will be solely responsible for all activities that occur under your account.

5.2 V & V will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into V & V’s database, V & V shall not be made liable for the resulting damages.

5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at V & V immediately.

5.4 You agree not to impersonate or pass off yourself as any other member, hack or attempt to hack into the account of another member, or having been given access by that member, to cause harm to that or any other member in any manner, including but not limited to Clause 4 supra.

6. Privacy and your personal information

6.1 For information about V & V’s data protection practices, please read V & V’s privacy policy.

6.2 You agree to the use of your data in accordance with V & V’s privacy policy.

7. Content in the services

7.1 You understand that all “Content” (data files, written text, computer software, graphics, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated. V & V does not endorse and has no control over the Content. Content is not necessarily reviewed by V & V prior to posting and does not necessarily reflect the opinions or policies of V & V. V & V makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content

7.2 You should be aware that content presented to you as part of the services, including but not limited to advertisements in the services, if any, and sponsored content within the services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that content to V & V (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by V & V or by the owners of that content, in a separate agreement.

7.3 V & V reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any service. Any spam, pornographic material and / or any illegal content will be immediately deleted and we will suspend and delete the account of any user making such content available, without warning.

7.4 You agree that you are solely responsible for (and that V & V has no responsibility to you or to any third party for) any content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which V & V may suffer) by doing so. You agree that V & V has no responsibility or liability for the interactions and actions between you and another user based on information provided on the website. You agree to do your own analysis and make your own informed decisions, like you do on any information that is available on the internet. V & V has no control or say over terms and agreements between its users.

7.5 You understand that by using the services you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk. V & V shall not be made responsible for any repugnant content circulated on its services by other users.

7.6 On noticing any such content, it is your duty to bring it to the attention of V & V officials immediately, who will take due care to delete it from the services.

8. Intellectual Property rights

8.1 You acknowledge and agree that V & V (or V & V’s licensors) owns all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the services may contain information which is designated confidential by V & V and that you shall not disclose such information without V & V’s prior written consent.

8.2 Unless you have agreed otherwise in writing with V & V, nothing in the terms gives you a right to use any of V & V’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 V & V acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any Content that you submit, post, transmit or display on, or through, the services, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with V & V, you agree that you are responsible for protecting and enforcing those rights and that V & V has no obligation to do so on your behalf. However, by submitting the Content to V & V, you hereby grant V & V a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Thiray Website and V & V’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Thiray Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the V & V a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these terms of use.

8.4 You agree that in using the services, you will not use any Content, trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause violation of any law to the owner or authorized user of such Content, marks, names or logos. You shall be solely responsible for your own Content submissions and the consequences of posting or publishing them. You specifically acknowledge that V & V shall not be liable for your submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9. License from V & V

9.1 V & V gives you a personal, non-assignable and non-exclusive license to use the software provided to you by V & V as part of the services as provided to you by V & V. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by V & V, in the manner permitted by these terms.

9.2 The payment mode for the services may be either fixed, invoice based or recurring. The payment cycle will be annual and in the manner decided at the discretion of V & V. For recurring payments, the credit card of the user will be charged at the beginning of every year and the subscription will be renewed automatically.

9.3 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.

9.4 Unless V & V has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.

10. Ending your relationship with V & V

10.1 The Terms will continue to apply until terminated by either you or V & V as set out below.

10.2 If you want to terminate your legal agreement with V & V, you may do so by notifying V & V 7 days in advance. Your notice should be sent as an email to V & V’s address, being the primary address used for your communication with V & V during the pendency of this agreement.

10.3 V & V may at any time, terminate its legal agreement with you if:

(A) You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or

(B) V & V is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful)

(C) No payment has been made for a period of fifteen days after the payment has become due. In this event, all data associated with the account may be deleted and the notification of the deletion will be sent to your registered email.

10.4 When these terms come to an end, all of the legal rights, obligations and liabilities that You and V & V have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

11. EXCLUSION OF WARRANTIES

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

11.2 IN PARTICULAR, V & V DOES NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND V & V WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM V & V OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11.5 V & V FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.6 V & V DOES NOT GUARANTEE THAT A YOU WILL AVAIL OF A JOB OR CONTRACT. V & V IS MERELY PROVIDING A PLATFORM FOR YOU TO INTERACT, AND THE NATURE AND CONSEQUENCE OF YOUR INTERACTION IS ENTIRELY DEPENDENT ON YOU, AND TO BE BORNE BY YOU.

12. LIMITATION OF LIABILITY

12.1 SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT V & V AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY CHANGES WHICH V & V MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE V & V WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

(V) YOUR TRANSACTING OR ATTEMPTING TO TRANSACT WITH THIRD-PARTY PROVIDERS IN PRODUCTS OR SERVICES OF V & V

12.2 THE LIMITATIONS ON V & V’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT V & V HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

You agree not to hold V & V or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

13. Other content to which references are made, links are provided, etc.

13.1 The services may include hyperlinks to other web sites or content or resources. V & V may have no control over any web sites or resources which are provided by companies or persons.

13.2 You acknowledge and agree that V & V is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

13.3 You acknowledge and agree that V & V is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

14. Changes to the Terms

14.1 V & V may make changes to the terms from time to time. When these changes are made, V & V will make the amended copy of the terms available on the website of their services.

14.2 You understand and agree that if you use the services after the date on which the terms have changed, V & V will treat your use as acceptance of the amended terms.

15. General legal terms

15.1 Sometimes when you use the services, you may (as a result of, or through your use of the services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned.

15.2 The terms constitute the legal agreement between you and V & V and govern your use of the services, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. (but excluding any services which V & V may provide to you under a separate written agreement), and completely replace any prior agreements between you and V & V in relation to the services.

15.3 You agree that if V & V does not exercise or enforce any legal right or remedy which is contained in the terms (or which V & V has the benefit of under any applicable law), this will not be taken to be a formal waiver of V & V’s rights and that those rights or remedies will still be available to V & V.

15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

15.5 The terms, and your relationship with V & V under the terms, shall be governed by the laws of India. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws. You and V & V agree that any dispute will be referred to arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen. If compelled to approach the Courts because of the nature of the issue or on appeal, the jurisdiction shall rest with the Courts in the city of Chennai.

16. Advertisements

16.1 Some of the services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the services, queries made through the services or other information.

16.2 The manner, mode and extent of advertising by V & V on the services are subject to change without specific notice to you.

16.3 In consideration for V & V granting you access to and use of the services, you agree that V & V may place such advertising on the services.

17 Indemnity

You agree to indemnify and hold V & V its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the terms, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

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