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vivaaga.com Terms of Use / Service Agreement
Welcome to vivaaga.com, the No.1 Matrimonial Services Provider. In
order to use the vivaaga.com Site ("Site"), you must register as a
member of the Site ("Member") and agree to be bound by these Terms
of Use ("Agreement"). If you wish to become a Member and
communicate with other Members and make use of the vivaaga.com
service ("Service"), read these Terms of Use 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 vivaaga.com from time to time, effective upon
notice to you as a Member.
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Eligibility.
You must be of legal marriageable age or over as per the laws of
the country you reside in, to register as a member of
vivaaga.com or use this Site. Membership in the Service is void
where prohibited. By using this Site, you represent and warrant
that you have the right, authority, and capacity to enter into
this Agreement and to abide by all of the terms and conditions
of this Agreement.
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Term. This
Agreement will remain in full force and effect while you use the
Site and/or are a Member of vivaaga.com. You may terminate your
membership at any time, for any reason by vivaaga.com.
vivaaga.com may terminate your access to the Site and/or your
membership for any reason effective upon sending notice to you
at the email address you provide in your application for
membership or such other email address as you may later provide
to vivaaga.com. If vivaaga.com terminates your membership in the
vivaaga.com Service because you have breached the Agreement, you
will not be entitled to any refund of any unused Subscription
fees. Even after this Agreement is terminated, certain
provisions will remain in effect including sections 4,5,7,9 -14,
inclusive, of this Agreement.
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Non-Commercial Use by Members. The vivaaga.com Site is for the
personal use of individual members only, and may not be used in
connection with any commercial endeavors. This includes
providing links to other websites, whether deemed competitive to
vivaaga.com or otherwise. Organizations, companies, and/or
businesses may not become Members of vivaaga.com and should not
use the vivaaga.com Service or Site for any purpose. Illegal
and/or unauthorized uses of the Site, including unauthorized
framing of or linking to the Site will be investigated, and
appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress.
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Other Terms
of Use by Members.
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You may
not engage in advertising to, or solicitation of, other
Members to buy or sell any products or services through the
Service. You will not transmit any chain letters or junk email
to other vivaaga.com Members. Although vivaaga.com cannot
monitor the conduct of its Members off the vivaaga.com Site,
it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In
order to protect vivaaga.com and/or our Members from any abuse
/ misuse, vivaaga.com reserves the right to restrict the
number of communications / profile contacts & responses /
emails which a Member may send to other Member in any 24-hour
period to a number which vivaaga.com deems appropriate in its
sole discretion.
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You may
not use any automated processes, including IRC Bots, EXE's,
CGI or any other programs/scripts to view content on or
communicate / contact / respond / interact with vivaaga.com
and/or its members.
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Proprietary
Rights in Content on vivaaga.com. vivaaga.com owns and retains
other proprietary rights in the vivaaga.com Site and the
vivaaga.com Service. The Site contains the copyrighted material,
trademarks, and other proprietary information of vivaaga.com,
and its licensors. Except for that information which is in the
public domain or for which you have been given permission, you
may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
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Content
Posted on the Site.
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You
understand and agree that vivaaga.com may delete any content,
messages, photos or profiles (collectively, "Content") that in
the sole judgment of vivaaga.com violate the Terms of Use or
which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of other vivaaga.com
and/or its Members.
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You are
solely responsible for the Content that you publish or display
(hereinafter, "post") on the vivaaga.com service, or transmit
to other vivaaga.com Members. vivaaga.com reserves the right
to verify the authenticity of Content posted on the site. In
exercising this right, vivaaga.com 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,
vivaaga.com may, in its sole discretion, terminate your
Membership without a refund.
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By posting
Content to any public area of vivaaga.com, you automatically
grant, and you represent and warrant that you have the right
to grant, to vivaaga.com, and other vivaaga.com Members, an
irrevocable, perpetual, 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.
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The
following is a partial list of the kind of Content that is
illegal or prohibited on the Site. vivaaga.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:
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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;
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harasses
or advocates harassment of another person;
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involves
the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
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promotes
information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
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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;
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contains
restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page)
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displays
pornographic or sexually explicit material of any kind;
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provides
material that exploits people under the age of 18 in a
sexual or violent manner, or solicits personal information
from anyone under 18;
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provides
instructional information about illegal activities such as
making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
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solicits
passwords or personal identifying information for commercial
or unlawful purposes from other users; and
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engages
in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
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You must
use the vivaaga.com Service in a manner consistent with any
and all applicable local, state, and federal laws and
regulations.
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You may
not include in your Member profile, visible to other members,
any telephone numbers, street addresses, last names, URL's,
and email addresses.
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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 vivaaga.com service in a way that constitutes
copyright infringement, please provide our Copyright Agent with
the following information: an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that
you claim has been infringed; a description of where the
material that you claim is infringing is located on the our
Site; your address, telephone number, and email address; a
written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; 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. vivaaga.com's Copyright Agent for
Notice of claims of copyright infringement can be reached by
writing to the Mumbai address located under the Help/Contact
section on the site.
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Member
Disputes. You are solely responsible for your interactions with
other vivaaga.com Members. vivaaga.com reserves the right, but
has no obligation, to monitor disputes between you and other
Members.
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Privacy. Use
of the vivaaga.com Site and/or the vivaaga.com Service is
governed by our privacy policy.
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Disclaimers.
vivaaga.com is not responsible for any incorrect or inaccurate
Content posted on the Site or in connection with the vivaaga.com
Service, whether caused by Users, Members or by any of the
equipment or programming associated with or utilized in the
Service, nor for the conduct of any User and/or Member of the
vivaaga.com Service whether online or offline. vivaaga.com
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. vivaaga.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 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 vivaaga.com Site and/or in
connection with the vivaaga.com Service. Under no circumstances
will vivaaga.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 vivaaga.com Site or transmitted to vivaaga.com
Members. The exchange of matrimonial profile(s) through or by "vivaaga.com"
should not in any way be construed as any matrimonial offer
and/or recommendation from/by vivaaga.com. vivaaga.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 vivaaga.com. The Site and the Service are
provided "AS-IS" and vivaaga.com expressly disclaims any
warranty of fitness for a particular purpose or
non-infringement. vivaaga.com cannot guarantee and does not
promise any specific results from use of the Site and/or the
vivaaga.com Service.
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Limitation
on Liability. Except in jurisdictions where such provisions are
restricted, in no event will vivaaga.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 vivaaga.com
Service, even if vivaaga.com has been advised of the possibility
of such damages. Notwithstanding anything to the contrary
contained herein, vivaaga.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
vivaaga.com, for the Service during the term of membership.
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Disputes. If
there is any dispute about or involving the Site and/or the
Service, by using the Site, you agree that the dispute will be
governed by the laws of the State of Maharashtra, India without
regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and central courts of the
Mumbai, India.
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Indemnity.
You agree to indemnify and hold vivaaga.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.
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Other.
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By
becoming a Member of the vivaaga.com service, you agree to
receive certain specific emails from vivaaga.com. You can
always manage your subscription to these emails using the My
Email Manager option.
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This
Agreement, accepted upon use of the Site and further affirmed
by becoming a Member of the vivaaga.com service, contains the
entire agreement between you and vivaaga.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.
By joining vivaaga.com, you confirm that you have read the above
provisions and agree to abide by them.
Please contact us
with any questions regarding this service agreement.
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