PLEASE READ THESE TERMS & CONDITIONS ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY MSNOWBALL. ("MSNOWBALL"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES.
USE OF MSNOWBALL'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MSNOWBALL, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
MODIFICATIONS TO THIS AGREEMENT
3.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Msnowball hereby grants you permission to use the Website only as set forth in this Agreement, and provided that:
your use of the Website as permitted is solely for your personal, noncommercial use;
you will not copy or distribute any part of the Website in any medium without Msnowball 's prior written authorization;you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose;you will otherwise comply with this Agreement;
you will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website;
you will not post content or items in an inappropriate category or areas on the Site;
you will not violate any laws, third party rights, or our policies;
you understand that Msnowball.com may, in its sole discretion, cancel any posting on Msnowball.com if it believes there is evidence supporting violation of these terms;
you will not manipulate or interfere with other user's listings;
you will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
you will not distribute, host, or post spam, chain letters, pyramid schemes, viruses, unsolicited email/SMSs or any other technologies that may harm Msnowball, or the interests or property of Msnowball users;
you will not harvest or otherwise collect information about users, including email addresses, without their consent;
you will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on Msnowball.com;
verbal, physical, written or other abuse (including threats of abuse or retribution) of any Msnowball customer, employee, member, or officer may result in immediate account termination.
you understand that the technical processing and transmission of Msnowball’s services, including User Submissions, may be transferred unencrypted and involve (i) transmission over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and
if your bandwidth usage exceeds the average bandwidth usage (as determined solely by Msnowball) of other Msnowball.com customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your bandwidth consumption.
3.2 Upon successful registration your account would be activated. To become premium account holder you need to make the payment of subscription fee as specified by Msnowball. You may never use another's account,
3.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to Msnowball servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. Msnowball reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Msnowball 's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, except any and all User Submissions, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Msnowball, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. Msnowball reserves all rights not expressly granted in and to the Website and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
This Agreement shall remain in full force and effect while you use the Website. If you want to terminate your use of website or your membership please email us email@example.com with your details such as your name and email address. Msnowball may terminate your access to the Website or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership.
You acknowledge that Msnowball reserves the right to charge fees for use of the Website and to change its fees from time to time, in its sole discretion.
As part of the Services, Website may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Website.
You shall be solely responsible for all content you post on the Website.
By submitting content to us, you represent that you have all necessary rights and hereby grant Msnowball a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Website and Msnowball business, including without limitation for promoting and redistributing part, or all of the site (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant other users of the Services a non-exclusive license to access your posted content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Website and under this Agreement.
You shall not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or programme that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You shall not post or transmit any message, data, image or programme that would violate the property rights of others, including unauthorized copyrighted text, images or programmes, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other users use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services' infrastructure, or that negatively affects the availability of the Service to others.
Except where expressly permitted, you shall not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (eg. a classified bulletin board) that are designated for such a purpose.
You shall not copy or use personal, identifying or business contact information about other users of the Services without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
You agree that Msnowball may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Msnowball a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to Msnowball in any way.
You agree to also comply with Community Guidelines, in addition to the terms of this Agreement.
Msnowball may send automatic alerts and voluntary account related alerts from time to time.You may customize ,deactivate or reactivate these voluntary alerts based on your individual preferences and options available.Msnowball may add new alerts from time to time, or cease to provide certain alerts at any time, upon its sole discretion.Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.
The alerts will be sent to you electronically on your email address or mobile number .You agree and understand that alerts and your submissions are not encrypted. Alerts may include some of your personel and sensitive information.Anyone with access to your email/mobile will be able to view the content of these alerts, therefore you should take proper care to prevent any unauthorized access to said alerts to protect your own interest.
ACCESS TO THIRD PARTY WEBSITES/SERVICES AND SECURITY
The Website may contain links to third party websites or utilize third party services that are not owned or controlled by Msnowball.
When you access third party services through Msnowball, and if you choose to provide Msnowball with your access credentials to third party services (whether you choose to allow Msnowball to store those credentials or not), by doing so, you appoint Msnowball as your agent and attorney-in-fact to act on and for your behalf in accordance with the preferences you establish in your Msnowball account and the actions taken through your account with respect to those third party services. YOU ACKNOWLEDGE AND AGREE THAT WHEN MSNOWBALL IS ACCESSING AND RETRIEVING THIRD PARTY SERVICE DATA FROM THIRD PARTY SITES USING THE ACCESS CREDENTIALS YOU HAVE PROVIDED TO MSNOWBALL, MSNOWBALL IS ACTING AS YOUR AUTHORIZED AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
You understand and agree that the Website is not sponsored by, endorsed by, or otherwise affiliated with any of the third parties who maintain services that may be accessible through the Website.
Msnowball has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites or through any third party services. In addition, Msnowball will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Website, you expressly relieve Msnowball from any and all liability arising from your use of any third party website or third party service.
While we maintain industry standard security practices, as set forth at Security, we cannot guarantee that the information you allow us to store will be completely secure.
BY USING MSNOWBALL, YOU ACCEPT OUR SECURITY PRACTICES AS IS, AND YOU UNDERSTAND AND ASSUME ALL RISK ASSOCIATED WITH THE UNAUTHORIZED ACCESS OF YOUR FINANCIAL INFORMATION
Msnowball has no special relationship with or fiduciary duty to you. You acknowledge that Msnowball has no control over, and no duty to take any action regarding: which users gain access to the Website; what content you access via the Website and its affiliated services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Msnowball from all liability for you having acquired or not acquired content through the Website. Msnowball makes no representations concerning any content contained in or accessed through the Website, and Msnowball will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, MSNOWBALL, ITS SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER MSNOWBALL NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 WEBSITE. MSNOWBALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MSNOWBALL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY MSNOWBALL FROM ITS FACILITIES IN INDIA. MSNOWBALL MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Under no circumstances shall Msnowball and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to defend, indemnify and hold harmless Msnowball, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
By using the Website, you represent and warrant that:
all registration information you submit is accurate and truthful;
you will maintain the accuracy of such information;
you are 14 years of age or older;
your use of the Website does not violate any applicable law or regulation;
you are of legal age to agree to these terms and conditions or you have your parents' permission to do so;
you have not and will not registered for more than one account. Your profile and all associated Content may be deleted and your membership may be terminated without warning if Msnowball believes that you are in breach of any of the foregoing representations and warranties.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MSNOWBALL, ITS SUPPLIERS', OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MSNOWBALL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, MSNOWBALL'S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MSNOWBALL FOR MSNOWBALL SERVICES IN CONNECTION WITH THE WEBSITE DURING THE TERM OF YOUR MEMBERSHIP.
YOU SPECIFICALLY ACKNOWLEDGE THAT MSNOWBALL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without Msnowball's prior written consent. Msnowball may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
OBEY THE LAW
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
SUBSCRIPTION FEES AND ADDITIONAL CHARGES
Our service is free and payable. If the user want to become premium account holder , user need to make the payment as subscription fee as applicable.
The Users agree to pay the different charges for the usage of Website and for its Services thereof as may be specified on the Website from time to time (Subscription Fee). Currently, the Subscription Fee is payable in advance on an annual renewal basis; however, Msnowball reserves its right to revise the subscription model from time to time, at its sole discretion. Subscription Fee may be specified in one or more categories based on features of the Services. Users shall have the option to subscribe for the Services under any one of such category. Once subscribed, the User shall not be allowed to downgrade the subscription category, until the subscription comes up for renewal. Once paid, there would be no refund of Subscription Fee unless the Services are voluntarily discontinued by Msnowball, at their sole discretion and convenience. In such an event, the Subscription Fee shall be refunded on a proportionate basis, as per the extant administrative rules of Msnowball. Msnowball reserves its right to change the Subscription Fee (or its categories) without any prior intimation. All such changes would be effective prospectively. Notwithstanding anything herein, the Promotional Offer(s) may specify Subscription Fee at differentiated rate(s), which would be applicable solely for the corresponding Promotion Offer(s) and not otherwise.
Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Msnowball and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Cochin. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
GOVERNING LAW AND JURISDICTION
Msnowball makes no representations that the website is appropriate or available for use in other locations.Those who access or use the Website from other jurisdictions do so at heir own volition and are responsible for compliance with local law. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Cochin having exclusive jurisdiction.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Msnowball's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND MSNOWBALL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Updated on: April 11, 2016