[Applicable to Basic Members and Premium Members]
The www.vivahcreations.com service (the “Website”) is provided by VR Matrimony Pvt Ltd , a company incorporated under the Companies Act, 1956 and having its Registered Office at H-2/9, Paper Mill Colony, Lucknow – 226006, UP, India (the “Company”). This is a legal agreement (“Agreement”) between you and the Company, please read the Agreement carefully before registering for the Website. By completing your registration and clicking on the “I Accept” button below, you will become a registered user of the Website (a “Registered User”) and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT FILL THE ENROLLMENT FORM. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on the Website; any use of the Website after such notice will constitute acceptance by you of such changes.
The Website is intended only to serve as a preliminary medium of contact and information for its Registered Users / guests who have a bona fide intention to enter into a matrimonial alliance. The Website does not purport to be a marriage bureau or marriage brokering business or a dating /contact website and does not, in any manner whatsoever, monitor the first or subsequent contacts, introductions and/or interactions which may take place amongst / in between the Registered User(s) due to any information specified in the Website.
Eligibility: By accepting the Terms and using this Website you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement. If at any time the Company is of the opinion or has any reason to believe that you are not eligible to become a Registered User or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your membership and / or your right to use the Website without any refund to you of any of your unutilized subscription fee.
The following are additional restrictions on the eligibility criteria:
Registration and Subscription: You may become a Registered User of the Website at no cost by registering your profile i.e. filling in the enrollment form on the Website (“Basic Member”). As a Basic Member you will have the ability to participate in some, but not all, of the features and services available within the Website. In order to access additional features and services, including the ability to communicate with other Registered Users, you must become a Premier Member i.e. a paying subscription fee to the Website (“Premier Members”). Please see Payment Options for a description of Subscription plans and Fees. This subscription fee list is part of this Agreement. The Company may change the subscription fees for the Website at any time but will give you reasonable notice of this before it does so. If you are not happy with any such changes to the subscription fee you may terminate your membership by writing to the Company in a manner provided hereunder.
Term of the Agreement: The Company may terminate this Agreement and/or your membership for any reason effective upon sending notice to you at the email address you provide in your Enrollment form for membership or such other email address as you may later provide to the Website. If the Website terminates your membership for reason of any breach by you of the Agreement, you will not be entitled to any refund of any unused subscription fees.
You shall also have the option to terminate your membership at any time, for any reason by writing to the Company. If you terminate your membership, you shall not be entitled to a refund the subscription fees.
Unauthorized Users: It is possible that other Registered Users or other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It is also possible that others may obtain personal information about you as a result of your use of the Website, and may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you disclose on the Website.
Member Disputes:You are solely responsible for your interactions with other Registered Users of the Website. The Company reserves the right, but has no obligation, to monitor disputes between you and other Registered Users. The Company may at its discretion take appropriate action against errant Registered Users. However, the Company / Website are not obliged to share such action with other Registered Users, including complainants. The Company / Website expressly disclaim any responsibility or liability for any transactions or interactions between the Registered Users inter-se.
Dealings with Advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, 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 the Company shall not be responsible or liable for any loss or damage of any kind whatsoever incurred as the result of any such dealings, including the sharing of the information you supplied to the Company with advertisers, or as the result of the presence of such advertisers on the Website.
Proprietary Rights in the content on the Website: The Company owns and retains complete rights in the Website and services provided by the Website. The Website contains copyrighted material, trademarks, and other proprietary information of its owners and its licensors. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
The following URL’s and trade names/ trademarks indicated on the Website are registered URL’s / trade names / trademarks of the Website / Company, or its subsidiaries. Other graphics, logos, page headers, button icons, scripts, and service names published on the Website are trademarks or trade names of the Website / Company, or its subsidiaries. These trademarks and trade names may not be used in connection with any product or service that is not the Website’s /Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Website / Company. All other trademarks not owned by the Website / Company or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Website / Company or its subsidiaries.
Online Content: The Company and/or the Website do not represent or endorse the accuracy or reliability of any Registered User profile, advice, opinion, statement or other information displayed / uploaded through the Website. The Website or any of its owners, staff or agents are not responsible under any circumstances for any action/display whether direct or indirect, which occurs as a result of online display of information in the nature of illicit material / material that may be offensive to Registered Users / guests or is patently offensive to the on-line community or any material which may promote racism, bigotry, hatred or physical/mental harm of any kind to any group or individual or transmit any chain letters or junk mail or unsolicited mass mailing or spamming or obscene material to other Registered Users. The Company does not monitor the conduct of its Registered Users or guests and therefore the Company does not take the responsibility of any conduct by its Registered Users or guests who may avail / obtain / use / exploit the on-line service provided by the Company in order to harass, abuse or harm another Registered User or guest or use the said on-line service to promote / advertise / solicit anything without their prior consent or an act in any manner which may threaten the safety of Registered Users.
The Company / Website expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of a ny content posted on the Website / made available to the Website by Registered Users or guest or any third party. The Company / Website does not assume any responsibility or liability for any illegal content posted on the Website by any Registered Users or any third party. All liability, whether civil or criminal arising out of any content that is posted on the Website will be of that of the Registered User / guest / third party who has posted such content and the Company / Website reserves its right to claim damages from such Registered User / guest / third party that it may suffer as a result of such content posted on the Website.
Account Security: The Registered User is solely and exclusively responsible for maintaining confidentiality of the username and password and all activities and transmissions through his/her user identification. You agree to immediately notify the Website of any unauthorized use of your username or password or any other breach of security, and to ensure that you sign out from your account at the end of each session on the Website. The Website will not be liable for any loss or damage arising from your failure to comply with this provision.
Further Disclaimer: THE COMPANY PROVIDES THE SERVICE ON THE WEBSITE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
The Company does not warrant that your use of the Website will be secure, always available, uninterrupted, error-free or will meet your requirements, or that any defects in the Website will be rectified. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE. AT ALL TIMES AND THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, IT’S SERVERS, OR E-MAIL SENT FROM THE WEBSITRE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE SUBSCRIPTION FEE PAID BY YOU (IF ANY) FOR YOUR MEMBERSHIP/ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
While the Company performs an initial screening of individuals registering on the Website, the Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THE WEBSITE.
Indemnity by Registered Users: You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, directors, agents, and third parties, for any losses, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the Website and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or any fraudulent act on your part.
Communication: All information, data, text, photographs, graphics, messages, tags, or other Content whether publicly posted or privately transmitted or otherwise made available to VivahCreations.com or VivahaCreation members, are the sole responsibility of the person from whom such Content originated and shall be at the member’s/person’s sole risks and consequences.
By becoming a Member of the VivahCreations.com, you agree to receive Emails & SMS messages from VivahCreations.com. By agreeing to register at VivahCreations.com, a user allows VivahCreations.com to get in touch with him/her from time to time. This could include offers, information, as well as promotions and others related to matrimony. VivahCreations.com can use your email address and/or telephone number for this purpose. Further for any other communication, members agree to receive calls anytime from VivahCreations.com on the contact details registered.
VivahCreations.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the Internet. We assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User and/or Member communications or any communications by VivahCreations.com to its Members.
Governing Law: You agree that laws of India (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Lucknow.
Assignment:The Company may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
This Agreement, accepted upon enrolling for the Website, contains the entire agreement between you and the Company regarding the use of this Website. Unless otherwise explicitly stated, the terms will survive termination of your Enrollment to the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
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