THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STAR INDIA PVT. LTD (THE "COMPANY") STATING
THE TERMS THAT GOVERN YOUR USE OF THE INDYA.COM DIGITAL SERVICE. THIS AGREEMENT
- TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF INDYA.COM'S
POLICIES (INCLUDING WITHOUT LIMITATION INDYA.COM'S PRIVACY POLICY) - COLLECTIVELY
CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED
TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND THE COMPANY MAY
REFUSE ACCESS TO THE INDYA.COM WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Age requirements for use of the Service. This Service is available for individuals
aged 13 years or older. If you are 13 years or older but under the age of 18, you
should review these terms and conditions with your parent or guardian to make sure
that you and your parent or guardian understand these terms and conditions.
2. Objectionable Material. The Company has used all reasonable efforts to ensure
that no objectionable materials are displayed. However, you understand that by using
the Service, you may encounter content that may be deemed offensive, indecent, or
objectionable, which content may or may not be identified as having explicit language.
Nevertheless, you agree to use the Service at your sole risk and that neither the
Company nor any of its affiliated companies shall have any liability to you for
content that may be found to be offensive, indecent, or objectionable.
3. System Requirements. Use of the Service requires a compatible computer, Internet
access (fees may apply), and certain software (fees may apply), and may require
obtaining updates or upgrades from time to time. Because use of the Service involves
hardware, software, and Internet access, your ability to use the Service may be
affected by the performance of these factors. High speed Internet access is strongly
recommended. You acknowledge and agree that such system requirements, which may
be changed from time to time, are your responsibility. The Service is not part of
any other product or offering, and no purchase or obtaining of any other product
shall be construed to represent or guarantee you access to the Service.
4. Policies. Your use of the Service and purchases made through it are subject to
the Company's Policies:
Refund Policy
Refunds will not be issued based on technical failure of any download or streaming,
not meeting the minimum requirements to run any Product or other service on your
computer or for lack of enjoyment whilst viewing or playing the Product or other
service. Please examine the "Support" page to make sure your computer meets what
is required.
We will however do what we can to provide support links for you to obtain support
from official support resources.
Refunds may be offered at the absolute discretion of the Company if the following
conditions have been met:
⋅ The time of your request for refund/credit is less than 48 hours from time
of purchase
⋅ The Product has not been viewed/activated
⋅ The license key has not been disclosed to you by email or webpage
⋅ We have found your request reasonable under special circumstances
We do not offer a CD Rom or any other storage media in place of downloading/streaming.
If the issue is a firewall or router, the support for those items may be your best
option.
Customer Service will determine if you meet the criteria for a refund. If you feel
you qualify for a refund please submit an email to
support@indya.com setting out in detail why you think you are entitled to
a refund.
5. The Service's Privacy Policy. The Service is subject to the Privacy Policy at
www.indya.com/bb/privacypolicy.html, the terms of which are expressly made a part
of this Agreement. If you have not already read the Privacy Policy, you should do
so NOW.
6. Your Information. You agree to provide accurate, current, true and complete information
required to register with the Service and at other points as may be required in
the course of using the Service ("Registration Data"). You further agree to maintain
and update your Registration Data as required to keep it accurate, current, true
and complete. The Company may independently verify your Registration Data. The Company
may terminate your access to any or all of the Service if any information you provide
is false, inaccurate or incomplete. You agree that the Company may (or through third
parties, may) store and use the Registration Data you provide (including credit
card information) for use in maintaining your accounts and billing fees to your
credit card.
You further agree that the Company may forward the Registration Data to its employees,
officers, affiliates, group companies and to third parties providing billing, support
and other services for the purposes of providing the Service to you.
7. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or
establish an account ("Account"). You are solely responsible for maintaining the
confidentiality and security of your Account. You should not reveal your Account
information to anyone else or use anyone else's Account. You are entirely responsible
for all activities that occur on or through your Account, and you agree to immediately
notify the Company of any unauthorized use of your Account or any other breach of
security. Please e-mail the Support Centre at support@indya.com
to notify the Company in such event. The Company shall not be responsible for any
losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and Products purchased through the
Service, include a security framework using technology that protects digital information
and limits your usage of Products to certain usage rules established by the Company
and/or its licensors ("Usage Rules"). You agree to comply with such Usage Rules,
as further outlined below, and you agree not to violate or attempt to violate any
security components. You agree not to attempt to, or assist another person to circumvent,
reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security
components related to such Usage Rules for any reason whatsoever. Usage Rules may
be controlled and monitored by the Company for compliance purposes, and the Company
reserves the right to enforce the Usage Rules with or without notice to you. You
shall not access or attempt to access an Account that you are not authorized to
access. Violations of system or network security may result in civil and/or criminal
liability.
8. Products Requirements and Use
a. You acknowledge that use of Products may require the use of other hardware and
software products (e.g., the ability to make copies of Products on physical media
and render performance of Products on authorized digital player devices), and that
such hardware and software is your responsibility and will not form part of the
Products nor will it be provided by the Company. Once a Product is purchased and
you receive the Product, it is your responsibility not to lose, destroy, or damage
the Product, and the Company shall be without liability to you in the event of any
loss, destruction, or damage.
b. You agree to use Products in compliance with the following Usage Rules:
Usage Rules
Your use of the Products is conditional upon your prior acceptance of the terms
of this Agreement.
You shall be authorized to use the Products only for personal, noncommercial use
only.
You agree that you are not permitted to transfer any Product purchased and downloaded
by you to any other computers or devices unless expressly provided pursuant to any
"End User Licensing Agreement" that may be included within the Product, in which
case transfers are permitted only pursuant to such End User Licensing Agreement.
You shall not be entitled to capture, store or record any Product that has been
streamed to you for real-time consumption, except as expressly permitted pursuant
to any End User Licensing Agreement that may be included within the Product, in
which case any such capture, storage or recording is permitted only pursuant to
such End User Licensing Agreement.
The delivery of Products does not transfer to you any commercial or promotional
use rights or intellectual property rights in the Products or the Service.
c. You agree that your purchase of Products constitutes your acceptance of and agreement
to use such Products solely in accordance with the Usage Rules and any End User
Licensing Agreement that maybe included with/in the Product or presented to you
at the time of registration or purchase, and that any other use of the Products
may constitute a violation of copyright/trademark/patent laws or other intellectual
property laws. The security technology is an inseparable part of the Products. The
Usage Rules and any End User Licensing Agreement applicable to the Product shall
govern your rights with respect to the Products, in addition to any other terms
or rules that may have been established between you and another party, except that
in any conflict between the Usage Rules and any End User Licensing Agreement, the
provisions of the End User Licensing Agreement shall prevail. The Company reserves
the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering
of the Usage Rules entails the ongoing involvement of the Company. Accordingly,
in the event that the Company changes any part of the Service or discontinues the
Service, which the Company may do at its election, you acknowledge that you may
no longer be able to use Products to the same extent as prior to such change or
discontinuation, and that neither the Company nor any of its affiliated companies
shall have any liability to you in such case.
9. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through
the Service, and that the Company may charge your credit card for any Products purchased,
and for any additional amounts (including any taxes and late fees, as applicable)
as may be accrued by or in connection with your Account. YOU ARE SOLELY RESPONSIBLE
FOR THE TIMELY PAYMENT OF ALL FEES EVEN IF NOT AUTHORISED BY YOU, AND FOR PROVIDING
THE COMPANY WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed
to the credit card you designate during the registration process. If you want to
designate a different credit card or if there is a change in your credit card status,
you must change your credit card information online at the Account Info section
of the Service. (There may be a temporary disruption of your access to the Service
until the Company can verify the validity of the new credit card information.)
b. Right to Change Prices and Availability of Products. Prices and availability
of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability
to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE
THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND
BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE
BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS
YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS,
AND APPLICATIONS.
d. In order to access and retain your electronic records, you may be required to
have certain hardware and software, which are your sole responsibility.
10. Delivery of Products. On occasion, technical problems may delay or prevent delivery
of your Product. Your exclusive and sole remedy with respect to Product that is
not delivered within a reasonable period will be either replacement of such Product,
or refund of the purchase price paid for such Product, as determined by the Company
in its sole discretion.
11. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited
to graphics, screen shots, video clips, demos, music and editorial content, contains
proprietary information and material that is owned by the Company and/or its licensors,
and is protected by applicable intellectual property and other laws, including but
not limited to copyright, and that you will not use such proprietary information
or materials in any way whatsoever except for use of the Service in compliance with
the terms of this Agreement. You shall not exploit the Service in any unauthorized
way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of Content or Other Materials. Notwithstanding any other provision of
this Agreement, the Company and its licensors reserve the right to change, suspend,
remove, or disable access to any Products, content, or other materials comprising
a part of or sold through the Service at any time without notice. In no event will
the Company or any of its affiliated companies be liable for the removal of or disabling
of access to any such Products, content or materials under this Agreement. The Company
may also impose limits on the use of or access to certain features or portions of
the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to,
the Indya.com digital retail service (including the compilation of content, postings,
links to other Internet resources, and descriptions of those resources), and software,
are owned by the Company and/or its licensors. THE USE OF ANY PART OF THE SERVICE,
EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY
PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT
YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT
INFRINGEMENT.
d. Trademarks. The Company, the Indya.com logo and other trademarks, service marks,
graphics, and logos used in connection with the Service are trademarks or registered
trademarks of the Company and/or its affiliated companies. Other trademarks, service
marks, graphics, and logos used in connection with the Service may be the trademarks
of their respective owners. You are granted no right or license with respect to
any of the aforesaid trademarks and any use of such trademarks.
12. Content posted on Indya.com
a. No Endorsement of User Content. You are solely responsible for all User Content
(as defined in the next sentence) that you upload, post, email, transmit or otherwise
make available on or through the Service (collectively, "Post"). "User Content"
means content or information of any type or medium, including but not limited to:
letters, emails or other messages; other forms of communication through the Services;
personal User information; cheat codes; board posts; reader reviews; blogs, ratings,
data, notes and testimonials; poll votes; images; audio or video files; and software
that you Post. You may Post only User Content which you own, have created or which
you have clear permission to Post. You acknowledge and agree that the Company does
not endorse any User Content and is not responsible or liable for any User Content,
even though it may be unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe
upon the intellectual property or other rights of another. You acknowledge that
the Company does not pre-screen User Content, and has no obligation to do so, but
that the Company and its affiliated companies and designees will have the right
(but not the obligation) in their sole discretion to refuse, edit, move or remove
any User Content that is posted on or through the Service.
b. Proprietary Rights in User Content Posted. You hereby grant to the Company the
non-exclusive, perpetual, fully paid and royalty-free, worldwide license to use,
copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly
display, modify, and translate such User Content. You represent and warrant that:
(i) you own the User Content Posted by you on Indya.com, (ii) your User Content
does not violate the privacy rights, publicity rights, copyright rights, intellectual
property rights, or any other rights of any person, and (iii) the posting of your
User Content on Indya.com does not result in a breach of any contract between you
and a third party. You agree to pay for all royalties, fees and any other monies
owing any person by reason of any User Content you post on Indya.com.
c. Prohibited User Content. The following is a partial list of the kind of User
Content that is illegal or prohibited on Indya.com. The Company reserves the right
to investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the offending
User Content from Indya.com and terminating the Accounts of such violators. Prohibited
User Content includes content that:
1. is obscene, patently offensive, or promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. contains nudity, violence, or offensive subject matter;
4. involves the transmission of "junk mail" or "chain letters" or unsolicited
mass mailing;
5. promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last names, URLs or email
addresses, including in your Account profile;
9. violates the copyright, trademark or other intellectual property rights
of any other person;
10. furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial
or unlawful purposes from other Users; or
12. involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, solicitation of donations, barter, advertising,
or pyramid schemes.
13. Prohibited User Activities.
You must use Indya.com in a manner consistent with any and all applicable laws and
regulations.
The following is a partial list of the kind of activity that is illegal or prohibited
on Indya.com. The Company reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, reporting you to law enforcement authorities. Prohibited
activity includes, but is not limited to:
1. advertising to, or solicitation of, any person to buy or sell any products
or services through Indya.com. You may not transmit any chain letters or junk email
to any other person. It is also a violation of these rules to use any information
obtained from Indya.com in order to harass, abuse, or harm another person, or in
order to contact, advertise to, solicit, or sell to any person. In order to protect
Indya.com users from such advertising or solicitation, the Company reserves the
right to restrict the number of emails which a user may send to other users in any
24-hour period to a number which the Company deems appropriate in its sole discretion;
2. any automated use of the system;
3. attempting to impersonate another user or person;
4. using the account, username, or password of another user or person at any
time or disclosing your password to any third party or permitting any third party
to access your account;
5. selling or otherwise transferring your profile;
6. covering or obscuring the banner advertisements on forums, or any Indya.com
page via HTML/CSS or any other means; or
7. interfering with, disrupting, or creating an undue burden on the site or
the networks or services connected to the Service.
14. Third Party Sites; Advertisers. The Service may provide you with opportunities
links or other opportunities to use certain sites, services, products, applications
or content offered by or through the Company's third-party providers, including
but not limited to advertisers, content and ecommerce providers (collectively "Third-Party
Services"). Your use of any Third-Party Services is subject to any terms of service
or conditions of use associated with the Third-Party Services. The Company does
not control Third-Party Services and is not responsible for any Third-Party Services
or for the contents thereof, including, without limitation, any links that may be
contained in or accessible through Third-Party Services. The Company does not endorse
any Third-Party Services or any products, content or communications linked to or
accessible from the Services. You agree you are wholly responsible for making your
own independent judgment regarding your user or interaction with Third-Party Services.
15. Monitoring. The Company and its affiliated companies have no obligation to pre-screen
or monitor any User Content Posted. However, the Company and its affiliated companies
reserve the right at all times to edit or remove any content or communications,
in whole or in part, in Company and/or its affiliated companies' sole discretion
and to disclose any information or take any action as necessary to satisfy any applicable
law, regulation, legal process or governmental request.
16. Termination.
a. Termination by the Company. If you fail, or the Company suspects that you have
failed, to comply with any of the provisions of this Agreement, including but not
limited to failure to make payment of fees due, failure to provide the Company with
a valid credit card or with accurate and complete Registration Data, failure to
safeguard your Account information, or violation of the Usage Rules or any license
to the software, the Company, at its sole discretion and without prejudice to any
other remedies available to it, without notice to you may: (i) terminate this Agreement
and/or your Account, and you will remain liable for all amounts due under your Account
up to and including the date of termination; and/or (ii) terminate the license to
the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. The Company reserves the right to modify, suspend,
or discontinue the Service (or any part or content thereof) at any time with or
without notice to you, and neither the Company nor its directors, officers, employees,
affiliates, agents, contractors or licensors will be liable to you or to any third
party should it exercise such rights.
17. General Compliance with Laws. You agree to comply with all local, state, federal,
and national and international laws, statutes, ordinances, and regulations that
apply to your use of the Service.
18. Enforcement of These Terms. The Company reserves the right to takes steps it
believes are reasonably necessary or appropriate to enforce and/or verify compliance
with any part of this Agreement (including but not limited to the Company's right
to cooperate with any legal process relating to your use of the Service and/or Products,
and/or a third party claim that your use of the Service and/or Products is unlawful
and/or infringes such third party's rights). You agree that the Company has the
right, without liability to you, to disclose any Registration Data and/or Account
information to law enforcement authorities, government officials, and/or a third
party, as the Company believes is reasonably necessary or appropriate to enforce
and/or verify compliance with any part of this Agreement (including but not limited
to the Company's right to cooperate with any legal process relating to your use
of the Service and/or Products, and/or a third party claim that your use of the
Service and/or Products is unlawful and/or infringes such third party's rights).
19. Disclaimer of Warranties; Liability Limitations.
a. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE INTERNET OR YOUR
USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM
TIME TO TIME THE COMPANY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME,
OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH
THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY THE COMPANY) PROVIDED "AS IS" AND
"AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO
YOU.
c. IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE
SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT)
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED
OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
d. THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY
YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION
OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND
ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY
WAY.
e. THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM
LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION,
AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE
FOR BACKING UP YOUR OWN SYSTEM.
20. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD
THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF
THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY THE COMPANY AS PART
OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF
ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS
THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION
TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND
OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE
INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION
THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION
APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
21. Changes. The Company reserves the right, at any time and from time to time,
to update, revise, supplement, and otherwise modify this Agreement and to impose
new or additional rules, policies, terms, or conditions on your use of the Service.
Any material updates, revisions, supplements, modifications, and additional rules,
policies, terms, and conditions (collectively referred to in this Agreement as "Additional
Terms") will posted on the Service website and will be effective immediately after
such posting and thereafter incorporated into this Agreement. Your continued use
of the Indya.com service will be deemed to constitute your acceptance of any and
all such Additional Terms. All Additional Terms are hereby incorporated into this
Agreement by this reference.
22. Notices. The Company may send you notice with respect to the Service by sending
an email message to the email address listed in your Indya.com Account contact information,
by sending a letter via postal mail to the contact address listed in your Indya.com
Account contact information, or by a posting on the Indya.com digital service. Notices
shall become effective immediately.
23. Governing Law/Dispute Resolution. The rights and obligations of the Parties
under the Agreement shall be governed by the laws of India. All disputes between
the Parties relating to issues arising under this Agreement or the Service shall
be resolved solely through proceedings instituted before the Court in Mumbai, India.
24. Miscellaneous. These Terms of Service constitute the entire agreement between
you and the Company and govern your use of the Service, superseding any prior agreements
between you and the Company. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content, or third-party
software. If any part of these Terms of Service is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect. The Company's failure to enforce
any right or provisions in these Terms of Service will not constitute a waiver of
such provision, or any other provision of these Terms of Service. If any provision
of this Agreement is found by a court of competent jurisdiction to be invalid, the
other provisions will remain in full force and effect. The Company will not be responsible
for failures to fulfill any obligations due to causes beyond its control.