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| Rivals4Ever Terms and Conditions of Use |
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1. ACCEPTANCE OF TERMS
The webpages available at www.rivals4ever.com (R4E), and all linked pages ("Site"), are owned and operated by DigiCorp Information Systems Pvt Ltd. an Ahmedabad (India) based company, and is accessed by you under the Terms and Conditions of Use described below ("Terms and Conditions of Use").
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2. DESCRIPTION OF R4E
Subject to full compliance with the Terms and Conditions of Use, R4E may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content R4E performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. R4E may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. R4E may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. For more information, please see http://www.R4E.com
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3. FURTHER SERVICE UNDERSTANDINGS
Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the Terms and Conditions of Use. You understand and agree that the Service is provided AS-IS and that R4E assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
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4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or R4E has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, R4E has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
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5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify R4E of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. R4E cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
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6. MEMBER CONDUCT
In using the R4E Services, you understand that you are liable for all information, in whatever form, (Information) you make available to your customers. You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- mpersonate any person or entity, including, but not limited to, a R4E official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except to the limited extent permitted in those areas that are designated for such purpose and within the scope of such designation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, or other applicable rules, including, but not limited to, regulations promulgated by the Securities and Exchange Board of India (SEBI), any rules of any national or other securities exchange, including, without limitation, the Bombay Stock Exchange, the National Stock Exchange, and any regulations having the force of law; or
- stalk or otherwise harass another.
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You acknowledge that R4E does not prescreen any Content working in coordination with the Service, but that R4E and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that R4E may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions of Use; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of R4E, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
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8. INDEMNITY
You agree to indemnify and hold R4E, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
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9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.
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10.MODIFICATIONS TO SERVICE
R4E reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. R4E will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that R4E shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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11.TERMINATION
You agree that R4E, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due R4E, or if R4E believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions of Use. R4E may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms and Conditions of Use may be effected without prior notice, and acknowledge and agree that R4E may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that R4E shall not be liable to you or any third-party for any termination of your access to the Service.
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12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because R4E has no control over such sites and resources, you acknowledge and agree that R4E is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that R4E shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
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13. R4E'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by R4E, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. R4E grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by R4E for use in accessing the Service.
You understand that by posting materials on the R4E website or otherwise providing materials to R4E, you are granting to R4E Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the R4E service. Furthermore, you understand that R4E retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the R4E Service is the sole responsibility of the person from which such content originated and that R4E will not be liable for any errors or omissions in any content. You understand that R4E cannot guarantee the identity of any other users with whom you may interact in the course of using the R4E Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.
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14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. R4E EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- R4E MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM R4E OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.
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15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT R4E SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF R4E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TERMS AND CONDITIONS OF USE SECTIONS MAY NOT APPLY TO YOU.
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17. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms and Conditions of Use or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is R4E, Inc., 208 Utah Street, Suite 404, San Francisco, CA 94103, USA.
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18. TRADEMARK INFORMATION
R4E, trademarks and service marks, and other R4E logos and product and service names are owned by and /or trademarks of R4E (the R4E Marks). Without R4E's prior permission, you agree not to display or use in any manner, the R4E Marks.
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19. GENERAL INFORMATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- Entire Agreement:The Terms and Conditions of Use constitutes the entire agreement between you and R4E and governs your use of the Service, superseding any prior agreements between you and R4E. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
- Choice of Law: The Terms and Conditions of Use and the provision of Service to you are governed by the laws of the state of Gujarat, India.
- Arbitration: Any controversy or claim arising out of or relating to the Terms and Conditions of Use or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ahmedabad, Gujarat, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and R4E agree to submit to the personal jurisdiction of the courts located within the city and county of Ahmedabad, Gujarat. Either you or R4E may seek any interim or preliminary relief from a court of competent jurisdiction in Ahmedabad, Gujarat necessary to protect the rights or property of you or R4E (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
- Invalid Provisions: The failure of R4E to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect.
- Time to File Claim: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Titles: The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
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20.VIOLATIONS
Please report any violations of the Terms and Conditions of Use info@rivals4ever.com
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