|
1.
HeavenMarry.com Terms of Use/Service Agreement
Welcome to Heaven Marry, the most comprehensive Matrimonial Service Provider. In order to use the HeavenMarry.com Site ("Site") and HeavenMarry.com service ("Service"), you must register as a member of the Site ("Member") and agree to be bound by these Terms of Use ("Agreement") and follow the instructions in the Registration process. This Agreement sets out the legally binding terms for your membership. This Agreement may be modified by the Site from time to time, effective upon notice to you as a Member.
2.
Eligibility
To register as a member of the Site or use its Services you must be 18 years of
age or over as per the laws of the country you reside in. Membership in the Service
is void where prohibited. By using this Site, you represent and warrant that you
have the right and authority, to enter into this Agreement and to abide by all the
terms and conditions of this Agreement.
3.
Terms
This Agreement will remain in full force and effect while you use the Site and/or
as long as you remain a Member of the Site. You may terminate your membership at
any time, for any reason by writing to HeavenMarry.com at customercare1@heavenmarry.com.
HeavenMarry.com reserves the right to terminate your access to the Site. In the
event of HeavenMarry.com terminating your membership because of any infringement
/ breach of the terms herein, you will not be entitled to any refund of unused Subscription
fees if any.
4.
Non-Commercial Use by Members
The Site is for the personal use of individual members only and may not be used
in connection with any commercial endeavors, including providing links to other
websites. The Site reserves the right to cancel the registration of and obliterate
any non-individual membership from HeavenMarry.com and take appropriate legal action
against such registrants civil or criminal.
5.
Cancellation
Heavenmarry.com shall reserve the exclusive right to cancel any content whatsoever
from being published or reflected on its website or in any other mode. The cancellation
charges payable to the User shall be at the applicable rates laid down in the cancellation
and refund policy.
6.
Other Terms of Use by Members
You will not :-
a.
Engage in any unsolicited advertising, solicitation, buying
/ selling of any products or services through the Site.
b.
Transmit any chain letters or junk email
c.
Use any information obtained from the Site in order to harass,
abuse or harm another person or in order to contact such person for any ulterior
motive.
The Site reserves
its right to monitor the conduct of Members and in its sole discretion stop / cancel
and / or initiate action against such registration in case there is any violation
of rules as enumerated herein.
7.
Proprietary Rights in Content on HeavenMarry.com
Except for the information, which is posted by the Member, HeavenMarry.com owns
and retains the proprietary rights in the Site and the Service. The Site contains
the copyrighted material, trademarks, patents and other proprietary information
of HeavenMarry.com and its licensors whether registered or not. You may not copy,
modify, publish, transmit, distribute, perform, display or sell any such proprietary
information.
8.
Content Posted on the Site
You understand and agree that
a.
HeavenMarry.com may delete any content, messages, photos or
profiles (collectively, "Content") that in the sole judgment of the Site that violate
the Terms of Use or which might be offensive, illegal or that might violate the
rights, harm or threaten the safety of HeavenMarry.com and/or its Members.
b.
The paid members of HeavenMarry.com will be able to view contact
details of users, who have permitted their contact details to be visible to other
members of HeavenMarry.com.
c.
You are solely responsible for the Content that you publish
or display (hereinafter, "Post") on the HeavenMarry.com service or transmit to other
HeavenMarry.com Members. The Site reserves the right to verify the authenticity
of Content posted on the site. In exercising this right, the Site may ask you to
provide any documentary or other form of evidence supporting the Content you post
on the site. If you fail to produce such evidence, the Site may, in its sole discretion,
terminate your Membership without a refund.
d.
By posting Content to any public area of HeavenMarry.com,
you automatically grant and you represent and warrant that you have the right to
grant, to the site and its Members, an irreversible, continuous, non-exclusive,
fully-paid, worldwide license to use, copy, perform, 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 sublicenses of the
foregoing.
e.
The following is a partial list of the kind of Content that
is illegal or prohibited on the Site. HeavenMarry.com will investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication from
the Service and terminating the Membership of such violators without a refund.
It includes Content that:
§
is patently
offensive to the online community, such as Content that promotes racism, bigotry
, hatred or physical harm of any kind against any group or individual; harasses
or advocates harassment of another person;
§
involves the
transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
§
promotes information
that you know is false, misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
§
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;
§
contains restricted
or password only access pages or hidden pages or images (those not linked to or
from another accessible page) ;
§
displays pornographic
or sexually explicit material of any kind;
§
provides material
that exploits people under the age of 18 in a sexual or violent manner or solicits
personal information from anyone under 18;
§
provides instructional
information about illegal activities such as making or buying illegal weapons, violating
someone's privacy or providing or creating computer viruses;
§
solicits passwords
or personal identifying information for commercial or unlawful purposes from other
users; and
§
Engages in
commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising and pyramid schemes.
f.
You must use HeavenMarry.com Service in a manner consistent
with any and all applicable local, state and federal laws and regulations.
g.
You may not include in your Member profile, visible to other
members, any telephone numbers, street addresses, last names, URL's and email addresses.
9.
Copyright Policy
You may not post, distribute or reproduce in any way any copyrighted material, trademarks
or other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service, which infringes your copyright,
you may provide HeavenMarry.com with the following information at HeavenMarry.com.
a.
an electronic or physical signature of person authorized to
act on behalf of the owner of the copyright interest;
b.
a description of the copyrighted work that is allegedly infringing;
c.
a description / location of the infringing material on Times
d.
your address, telephone number and email address;
e.
a brief written submission that the disputed use is not authorized
by the copyright owner, its agent or the law;
f.
a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
10.
Member Disputes
As HeavenMarry.com is acting only as a facilitator and providing you a platform
in the Site, you are solely responsible for your direct as well as indirect interactions
with other HeavenMarry.com Members. The Site reserves the right, but has no obligation,
to monitor disputes between you and other Members.
11.
Disclaimers
HeavenMarry.com is not responsible for any incorrect or inaccurate Content posted
on the Site or in connection with its Service, whether caused by Users, Members
or by any of the equipment or programming associated with or utilized neither in
the Service, nor for the conduct of any User and/or Member of the HeavenMarry.com
Service whether online or offline. The Site 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. The Site 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 players on account
of technical problems or traffic congestion on the Internet or at any website or
combination thereof, including injury or damage to Users and/or Members or to any
other person's computer related to or resulting from participating or downloading
materials in connection with the HeavenMarry.com Site and/or in connection with
the HeavenMarry.com Service. Under no circumstances will HeavenMarry.com be responsible
for any loss or damage resulting from anyone's use of the Site or the Service and/or
any Content posted on the HeavenMarry.com Site or transmitted to HeavenMarry.com
Members. The exchange of matrimonial profile(s) through or by • should not in any
way be construed as any matrimonial offer and/or recommendation from/by the Site.
HeavenMarry.com shall not be responsible for any loss or damage to any individual
arising out of or subsequent to, matrimonial relations established pursuant to the
use of the Site. The Site and the Service are provided "AS-IS" and HeavenMarry.com
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
The Site cannot guarantee and does not promise any specific results from use of
the Site and/or the HeavenMarry.com Service.
12.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will HeavenMarry.com
be liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits arising from
your use of the Site or the HeavenMarry.com Service, even if HeavenMarry.com has
been advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, HeavenMarry.com, liability to you for any cause whatsoever
and regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to HeavenMarry.com, for the Service during the term of membership.
13.
Dispute Resolution
All Disputes and Differences whatsoever arising out or in relation to this subscription
order/contract or order of Service shall be referred for resolution to a sole arbitrator,
so appointed by TBSL at its sole discretion. The said Arbitration shall be conducted
in terms of the Arbitration and Conciliation Act 1996 together with all statutory
amendments made thereto. The Award made in pursuance thereof shall be final and
binding on all the parties. The seat and venue of Arbitration shall be
New
Delhiand shall be governed by the Applicable laws of
India
. This Agreement shall be subject to the jurisdiction of the appropriate courts
of
Delhi
.
14.
Indemnity
You agree to indemnify and hold HeavenMarry.com, its subsidiaries, affiliates, officers,
agents and other partners and employees, harmless from any loss, liability, claim
or demand, including reasonable attorney's fees, made by any third party due to
or arising out of your use of the Service in violation of this Agreement and/or
arising from a breach of these Terms of Use and/or any breach of your representations
and warranties set forth above.
15.
For membership purchased through print.
On buying membership through print, you will not be eligible for any promotional
schemes on membership, in the website
16.
Other
By becoming a Member of the HeavenMarry.com service, you agree to receive certain
specific emails, calls for feedback and promotional offers from HeavenMarry.com.
This Agreement, accepted upon use of the Site and further affirmed by becoming a
Member of the HeavenMarry.com service, contains the entire agreement between you
and HeavenMarry.com regarding the use of the Site and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect.
Even after this Agreement is terminated,
these provisions will remain in effect
|