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YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS.
CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. CLICKING
THE "I ACCEPT" BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU ARE LEGALLY BOUND BY
THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE "I
DECLINE" BUTTON BELOW.
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1. ACCEPTANCE OF TERMS
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PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE MAYAJAAL SITE.
BY ACCESSING THE MAYAJAAL SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICES, THEN YOU MAY NOT ACCESS
THE MAYAJAAL SITE (AS APPLICABLE).
Mayajaal is a Chennai based private ltd company pioneering a new concept in the
entertainment sector and aims to revolutionize the way ticketing is done. Mayajaal
is an online ticket booking application that allows members to book the ticket online,
ever easy than before. The Mayajaal Site may include, without limitation, text,
user comments, messages, information, data, graphics, news articles, photographs,
images, illustrations, software, audio clips and video clips (referred to hereafter
as "the Service") subject to the following Terms of Use ("TOU").. We may change,
suspend or discontinue the Mayajaal Site (including any part thereof) for any reason,
at any time, including the availability of any feature or part of the available
content. We may also impose limits on certain features and services or restrict
your access to parts or all of the Mayajaal Site without notice or liability. We
may delete your profile/account if we are informed that the same is being used for
a purpose that is against the intentions of the site or the Services that are to
be provided as per the website. We also intend to provide various other services
in the near future and these terms of use will be applicable for those services
as well. Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with Mayajaal in
any way, your only recourse is to immediately discontinue use of Mayajaal . These
Terms of Use ("Terms") govern the use of the services offered by Mayajaal ("Services")
web site (www.Mayajaal). Please read the Terms before using the Site. Use of the
Site constitutes an agreement to all Terms. If you object to anything in these Terms
or the Site's Privacy Policy, do not use the Site or the Services. The Terms
are subject to change at any time, effective upon posting on the Site, and your
use of the Services after such posting will constitute acceptance by you of any
and all such changes. By using this Site, you do hereby represent, understand and
agree that you have reviewed and agreed to those terms.
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2. MODIFICATIONS TO THIS AGREEMENT
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We reserve the right, at our sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. Such modifications shall become effective
immediately upon the posting thereof. You must review this agreement on a regular
basis to keep yourself apprised of any changes. You can find the most recent version
of the TOU at (www.mayajaal.com). The Terms are subject to change at any time, effective
upon posting on the Site, and your use of the Services after such posting will constitute
acceptance by you of any and all such changes.
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3. ELIGIBILITY
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Our services are available only to individuals who can form legally binding contracts
under applicable law. The user who is entitled to maintain a membership account
should be an adult over the age of 18 years as contemplated under the Indian Contract
Act. However the user may make a booking for movies that are not bared for viewer
ship by the censor board for minors provided they are either accompanied by the
user of the account or carries an valid authorization letter from the user.
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4. SAFETY
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Do not display your credit/debit card numbers to any one other than those authorised
by Mayajaal to collect the same from you. It is suggested that the User must refrain
from sharing their email, user ids and passwords on public forums. Your Mayajaal
user id and password must not be shared with anyone under any circumstances.
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5. ACCEPTANCE OF USERS
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Mayajaal reserves the right to accept / reject any application / form. Mayajaal
may delete / de-activate without giving any reason(s).
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6. MEMBER ACCOUNT
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As a condition to using some or all of the Mayajaal Services, you are required to
register using your e-mail address and/or mobile phone number ("Mayajaal Member
ID") and log in with your selected password. You shall provide Mayajaal with accurate,
complete, and updated registration information. Failure to do so shall constitute
a breach of the Terms of Service, which may result in immediate termination of your
Mayajaal account. You may not
- select or use as a Mayajaal Member ID a name of another person with the intent to
impersonate that person;
- use as an Mayajaal Member ID a name subject to any rights of a person other than
you without appropriate authorization; or
- use as a Mayajaal Member ID a name that is otherwise offensive, vulgar, obscene
or that is against the interest, integrity, sovereignty of the Union of India or
prejudicial to the relations of the Union of India with any other nations.
Mayajaal has the sole discretion to refuse registration of, or cancel a Mayajaal
Member ID. You shall be responsible for maintaining the confidentiality of your
Mayajaal password.
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7. INFORMATION PROVIDED BY USERS
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Users are responsible for providing accurate, timely and complete information to
us in connection with their registration for and use of the Site. Mayajaal is not
responsible for any claims relating to any inaccurate, untimely or incomplete information
provided to us. "Your Information" is defined as any information you provide to
us or other users, through the Site. You are solely responsible for your Information,
and we act as a passive conduit for your online distribution and publication of
Your Information. Your Information (or any items or contents listed therein): (a)
shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve
the sale of counterfeit or stolen items; (c) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary right or rights
of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation
(including without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising); (e) shall not be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f)
shall not be obscene or contain child pornography or, if otherwise adult in nature
and harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms,
time bombs, cancelbots or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (h) shall not create liability for us
or cause us to lose (in whole or in part) the services of our ISPs or other partners
or suppliers. Solely to enable Mayajaal to use the information you supply us with,
so we are not violating any rights you might have in that information, you agree
to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity rights, and
any other rights you have in your Information, in any media now known or not currently
known. Mayajaal will only use your Information in accordance with our Privacy Policy.
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8. ACCOUNT INFORMATION
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In consideration of your use of on line information resources, online fora, ticketing
services, products, web directory(ies), index(es), general materials and data, including,
but not limited to, search services, suggestions and other content (including third
party information, products, materials and content) (collectively, all the services
provided to you the User, from time to time whether online or offline referred to
as the "Services"), you represent that you are a holder of credit card/debit card
or such facilities provided by banks and undertake and agree to: (i) provide true,
accurate, current and complete information about yourself as prompted by the MAYAJAAL
Website's registration form (such information being the "Registration Data") and
(ii) 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 http://www.mayajaal.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
http://www.mayajaal.com has the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion thereof).
" You hereby agree to be the sole, authorized User of your account. You are responsible
for maintaining the confidentiality of any password and account number provided
by you or Mayajaal for accessing the Site, and are fully responsible for all activities
that occur under your password or account. You agree to immediately bring to the
notice of Mayajaal of any unauthorized use of your password or account or any other
breach of security. Should you authorize any third party to use your account, you
hereby agree to supervise all usage thereof. Mayajaal has no control over the use
of your account and expressly disclaims any liability derived therefrom.
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9. MEMBER ACCOUNT PASSWORD AND SAFETY
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You will receive a password and account designation upon completing the registration
process, and you agree that with respect to your account and password that you are
responsible for maintaining the confidentiality of your password and account are
fully responsible for all activities that occur under your password or account.
You will immediately notify MAYAJAAL Website of any unauthorized use of your
password or account or any other breach of security; and shall be fully liable for
all use of your account, including any unauthorized use of your account by any third
party including the content of your transmissions through the MAYAJAAL Website.
You also agree that you are entirely responsible for any and all activities that
occur under your account. You will ensure that you diligently exit from your account
at the end of each session. MAYAJAAL will not be liable for any loss or damage
arising from any misuse of your password by any person due to any reason whatsoever.
You understand and acknowledge that MAYAJAAL cannot and will not be liable
for any loss or damage arising from your failure to comply with these requirements.
Access and use of password protected and/or secure areas of the MAYAJAAL Website
is restricted to authorized Users only. Unauthorized individuals attempting to access
these areas of the MAYAJAAL Website shall be liable to criminal action and/or
such other action as per applicable laws.
MAYAJAAL is not responsible for screening, policing, editing, or monitoring
the content posted by Users of communications services, message boards, newsgroups,
movie forums, or other interactive services that may be available on or through
the MAYAJAAL Website. If notified of allegedly infringing, defamatory, damaging,
illegal, or offensive content, the MAYAJAAL Website may investigate the allegation
and determine in its sole discretion whether to remove or request the removal of
such content. Notwithstanding the foregoing, MAYAJAAL does not assure prompt
editing or removal of questionable Content after online posting. Accordingly, you
understand and acknowledge that MAYAJAAL shall not be liable for any action
or inaction with respect to conduct, communication, or Content on the MAYAJAAL
Website.
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10. FEES AND PAYMENTS
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Mayajaal reserves the right at any time to charge fees for access or use of our
services. If at any time Mayajaal requires a fee for access or the use of all or
portions of Mayajaal , we will require you to register and create an account. In
no event will you be charged for access or use to all or portions of Mayajaal unless
Mayajaal obtains your prior agreement to pay such charges. You shall pay all fees
and charges incurred through your account at the rates in effect for the billing
period in which such fees and charges are incurred, including but not limited to
charges for any products or services offered for sale by or through Mayajaal or
by any other vendor or service provider. All fees and charges shall be billed to
you, and you shall be solely responsible for their payment. You shall pay all applicable
taxes relating to the use of Mayajaal through your account, and the purchase of
any other products or services. Certain portions or services of Mayajaal may require
a prepaid fee (“Prepaid Fee”). The Prepaid Fee, and all taxes and other fees related
thereto will be paid by you in advance. In no event will you receive access or services
from Mayajaal if a Prepaid Fee is required unless Mayajaal receives, in advance,
all fees and charges payable by you, including the Prepaid Fee.
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11. ADVERTISING ACKNOWLEDGEMENT
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You acknowledge and agree that Mayajaal may include advertisements on the Mayajaal
Site and within the Mayajaal end user experience. These advertisements may include
banner ads and promotions on Mayajaal Site, as well as sponsor logos, interstitial
ads and interactive ads within the Mayajaal as determined at Mayajaal’s sole discretion.
You acknowledge that you shall not claim any right in such advertisements and shall
also not attempt to in any manner infringe the intellectual property rights of such
advertisements.
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12. PRIVACY POLICY
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Mayajaal Privacy Policy located on its Site as modified by from time to time shall
govern any disclosure or use of User's personal information.
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13. CONDUCT
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- that is unlawful, in your country state or any other country state or city in the
world where this content is used, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct or
exhibition of the genitals or pubic area of any person;
- that harasses, degrades, intimidates or is hateful toward an individual or group
of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- that impersonates any person or entity, including, but not limited to, a ADPS employee,
or falsely states or otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.);
- that includes personal or identifying information about another person without that
person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk
mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted
in areas of the Mayajaal sites which are not designated for such purposes; or emailed
to Mayajaal users who have not indicated in writing that it is permissible to contact
them about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in "services";
- that contains software viruses or any other computer code, files or programs designed
to monitor, interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding
attack) to Mayajaal SERVICE, or that otherwise negatively affects other users' ability
to use Mayajaal SERVICE; or
- that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of content transmitted through Mayajaal
SERVICE.
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14. NON COMMERCIAL USE BY MEMBERS
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The Website is for the personal use of Members only and may not be used in connection
with any commercial endeavors except those that are specifically endorsed or approved
by the management of MAYAJAAL.com. Illegal and/or unauthorized use of the Website,
including collecting usernames and/or email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorized framing
of or linking to the Website will be investigated. Commercial advertisements affiliate
links, and other forms of solicitation may be removed from Member profiles without
notice and may result in termination of membership privileges. Appropriate legal
action will be taken by MAYAJAAL.com for any illegal or unauthorized use of
the Website.
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15. INAPPROPRIATE USE OF SITE
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You agree not to use the Site for the following purposes:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of other Users.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing,
obscene or unlawful topic, name, material or information. • Use the Site for any
purpose which is in violation of local, state, national or international law.
- Upload files that contain software or other material that violates the intellectual
property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, corrupted files, or any other similar software
or Services that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose on the
Site.
- Solicit or recruit other Users for any purpose
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Impersonate another person or allow any other person or entity to use User's identification
to post or view comments.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly
prohibited.
- Download any file posted by another User that a User knows, or reasonably should
know, cannot be legally distributed through the Site.
- Restrict or inhibit any other User from using and enjoying the Site.
- Modifying, adapting, translating, or reverse engineering any portion of the Mayajaal’s
service
- Removing any copyright, trademark or other proprietary rights notices contained
in or on Mayajaal
- Using any robot, spider, site search/retrieval application, or other device to retrieve
or index any portion in the site.
- Collecting any information about other Members (including usernames and/or email
addresses) for unauthorized purposes.
- Reformatting or framing any portion of the web pages that are part of the site.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Creating or transmitting unwanted electronic communications such as "spam," or chain
letters to other Members or otherwise interfering with other Member's enjoyment
of the service.
- submitting Materials of any third party without such third party's prior written
consent;
- Directing any user (for example, by linking) to any Materials of any third party
without such third party's prior written consent;
- Submitting Materials that falsely express or imply that such Materials are sponsored
or endorsed by Mayajaal.
- Submitting Materials that infringe, misappropriate or violate the intellectual property,
publicity, privacy or other proprietary rights of any party;
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive
nature and spyware of any kind.
- Submitting Materials that are unlawful or promote or encourage illegal activity;
or
- Submitting false or misleading information.
In the event of any user or others indulging in any of the above mentioned acts,
this will result in the immediate termination of the user’s account. Mayajaal further
reserves the right to take all necessary action against such parties including but
not restricting to termination of account and use of the information provided by
the user.
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16. SUSPENSION/TERMINATION OF USE
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Mayajaal retains the right to suspend or terminate privileges to any User not adhering
to policies of the Site and where, in its sole discretion, it would be in the best
interest of Mayajaal and other Users that use be suspended or terminated.
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17. CONTENT
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You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through, or linked
from the Service, are the sole responsibility of the person from whom such Content
originated. More specifically, you are entirely responsible for each individual
item ("Item") of Content that you post, email or otherwise make available via the
Service. You understand that Mayajaal does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you may
be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the site and Content available through the Service may
contain links to other websites, which are completely independent of Mayajaal. Mayajaal
makes no representation or warranty as to the accuracy, completeness or authenticity
of the information contained in any such site. Your linking to any other webites
is at your own risk. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, that you may not rely on said Content, and that under
no circumstances will Mayajaal be liable in any way for any Content or for any loss
or damage of any kind incurred as a result of the use of any Content posted, emailed
or otherwise made available via the Service. You acknowledge that Mayajaal does
not pre-screen or approve Content, but that Mayajaal shall have the right (but not
the obligation) in its sole discretion to refuse, delete or move any Content that
is available via the Service, for violating the letter or spirit of the TOU or for
any other reason.
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18. ENTERTAINMENT CONTENT
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We distribute movie, and other entertainment tickets and we have the sole discretion
to display and promote the entertainment or other information on our Website to
you in any manner we choose. In addition, the Mayajaal Website allows you and other
third parties to post reviews or comments concerning the entertainment distributed
by us. Any opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available by third parties
on the Mayajaal Website are those of the respective authors or producers and not
of Mayajaal., or its shareholders, directors, officers, or employees. Under no circumstances
shall Mayajaal, or its shareholders, directors, officers, directors, or employees
be held liable for any loss or damage caused by your reliance on information obtained
through the Mayajaal Website. It is your responsibility to evaluate the information,
opinion, advice, or other content available through the Mayajaal Website.
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19. THIRD PARTY CONTENT, SITES, AND SERVICES
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The Mayajaal and Content available through the Service may contain features and
functionalities that may link you or provide you with access to third party content
which is completely independent of Mayajaal, including web sites, directories, servers,
networks, systems, information and databases, applications, software programs, products
or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
You agree that Mayajaal shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings. If there is a dispute between
participants on this site, or between users and any third party, you understand
and agree that Mayajaal is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release Mayajaal,
its officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service.
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20. USER'S GRANT OF LICENSE
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By posting or submitting Content to any User-submit areas of the Mayajaal site (“User
Content”), you automatically grant, or warrant that the owner of such content has
expressly granted, Mayajaal and its affiliates and licensees the royalty-free perpetual,
irrevocable, non-exclusive right and license to use, reproduce, display, perform,
adapt, modify, publish, translate, sublicense, copy, distribute, create derivative
works from, and/or sell and/or distribute such content, and/or incorporate such
content into any form, medium or technology throughout the world without compensation
to you, and/or promote the content in whole or in part worldwide and/or to incorporate
it in other works in any form, media, or technology now known or hereafter developed
for the full term of any copyright that may exist in such content; and warrant and
represent that you own or otherwise control all of the rights to the content and
that public posting and use of your content by Mayajaal will not infringe or violate
the rights of any third-party. You also permit any other User to access, store,
or reproduce the User Content for that User’s personal use. All User Content that
you submit may be used at Mayajaal’s sole discretion. Mayajaal reserves the right
to change, condense or delete any content on the Mayajaal site that it deems, in
its sole discretion, to violate the content guidelines or any other provision of
the Terms of Use. Mayajaal does not guarantee that you will have any recourse through
Mayajaal to edit or delete any of your User Content. Mayajaal reserves the right
to remove or to refuse to post any User Content for any reason. You acknowledge
that you, not Mayajaal, are responsible for your User Content. None of your User
Content shall be subject to any obligation of confidence on the part of Mayajaal,
its agents, subsidiaries, affiliates, partners or third-party service providers
and their respective directors, officers and employees.
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21. REPRESENTATIONS AND WARRANTIES OF USER
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In addition to all other representations and warranties of Users, by submitting
any User Content to Mayajaal you represent and warrant that you are the sole author
and owner of the intellectual property rights to your User Content; all “moral rights”
that you may have in such User Content have been voluntarily waived by you; your
posted User Content is accurate; you are at least 18 years old; and use of your
User Content does not violate the Terms of Use and will not cause injury to any
person or entity.
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22. NO ENDORSEMENT OF USER CONTENT
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You acknowledge and agree that Mayajaal does not endorse any User Content of any
user 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 that it infringes or may infringe
the intellectual property or other rights of another. You acknowledge that Mayajaal
does not pre-screen or unilaterally monitor any User Content, but that Mayajaal
and its designees will have the right (but not the obligation) in its sole discretion
to refuse, edit, move or remove any User Content.
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23. TERMINATION OF ANY PROGRAM OR PROMOTION
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Mayajaal may terminate any program or any other promotion at any time, by posting
the termination on the website OR by sending an e-mail to your e-mail provided while
registering for the service. It is your responsibility to inform the company if
your e-mail address changes.
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24. INTELLECTUAL PROPERTY RIGHTS
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a. COPYRIGHT
ALL TEXT, GRAPHICS, EDITORIAL CONTENT, DATA, FORMATTING, GRAPHS, DESIGNS, HTML,
LOOK AND FEEL, PHOTOGRAPHS, MUSIC, SOUNDS, IMAGES, SOFTWARE, VIDEOS, DESIGNS, TYPEFACES
AND OTHER CONTENT (COLLECTIVELY "PROPRIETARY MATERIAL") THAT USERS SEE OR READ ON
THE SITE IS OWNED BY MAYAJAAL OR IS USED WITH PERMISSION. ALL COPYRIGHT RIGHTS
REST WITH MAYAJAAL. NO PART OF THIS WEBSITE MAY BE REPRODUCED IN ANY FORM OR
MANNER WITHOUT THE EXPRESS PERMISSION OF MAYAJAAL. THIS PROPRIETARY MATERIAL
IS PROTECTED IN ALL FORMS, MEDIA AND TECHNOLOGIES NOW KNOWN OR HEREINAFTER DEVELOPED.
MAYAJAAL OWNS ALL PROPRIETARY MATERIAL AS WELL AS THE COORDINATION, SELECTION,
ARRANGEMENT AND ENHANCEMENT OF SUCH PROPRIETARY MATERIALS. USERS MAY NOT COPY, DOWNLOAD,
USE REDESIGN, RECONFIGURE, OR RETRANSMIT ANYTHING FROM THE MAYAJAAL SITE WITHOUT
MAYAJAAL'S PRIOR EXPRESS WRITTEN PERMISSION. ANY USE OF SUCH PROPRIETARY MATERIAL,
OTHER THAN AS PERMITTED THEREIN, IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR PERMISSION
OF MAYAJAAL AND/OR THE RELEVANT RIGHT HOLDER.
b. TRADEMARKS AND SERVICEMARKS
WORDS, PHRASES, ADS AND GRAPHICS, WHETHER FOLLOWED BY "TM" OR NOT, ARE THE TRADEMARKS
AND SERVICEMARKS OF MAYAJAAL, OR ARE THE TRADEMARKS AND SERVICEMARKS OF THEIR
RESPECTIVE OWNERS, WHERE INDICATED. ENTIRE WEBSITE, INCLUDING SOURCE CODE AND CONTENT,
COPYRIGHT 1997-2005. ALL RIGHTS RESERVED. ANY PERCEIVED SLIGHT OF A SPECIFIC PERSON
OR ORGANIZATION IS UNINTENTIONAL. WHEREVER THE NEUTER IS NOT USED ON THIS SITE,
ANY ONE GENDER WAS CHOSEN FOR SIMPLICITY'S SAKE. NO PART OF THIS WEBSITE MAY BE
REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, INCLUDING MECHANICAL, ELECTRONIC
OR OTHERWISE, SUCH AS BUT NOT LIMITED TO PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION
STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY EMAIL, OR USED IN ANY OTHER FASHION
WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF MAYAJAAL. THIS, OF COURSE,
EXCLUDES THE DOWNLOADING AND TEMPORARY CACHING OF THIS WEBSITE ON A PERSONAL COMPUTER
FOR THE EXPLICIT PURPOSE OF VIEWING THIS WEB SITE AS WELL AS WHERE OTHERWISE CLEARLY
INDICATED.
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25. DISCLAIMER
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A. USER
ALL CONTENT AND THE SERVICES INCLUDED AT OR AVAILABLE THROUGH THE MAYAJAAL
WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. THE CONTENT
AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MAYAJAAL, DOES NOT WARRANT THAT THE
CONTENT OR ANY SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE MAYAJAAL
WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.
THE USER AGREES THAT HE / SHE MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH,
THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF SUCH CONTENT. MAYAJAAL SHALL NOT BE LIABLE FOR ANY DECISION MADE
OR ACTION TAKEN BY THE USER OR OTHERS BASED UPON RELIANCE ON INFORMATION OR MATERIALS
OBTAINED THROUGH USE OF THE SERVICE. WE TAKE COGNIZANCE OF THE FACT THAT THE USER
IS ACTING IN HIS OR HER OWN BEST INTEREST AND TRANSACTING AT HIS OR HER OWN RISK.
PRIOR TO THE EXECUTION OF ANY TRANSACTIONS THE USER SHOULD MAKE HIMSELF / HERSELF
AWARE OF ALL THE TERMS AND CONDITIONS GOVERNING THE TRANSACTION. YOU HEREBY REPRESENT,
UNDERSTAND AND EXPRESSLY AGREE THAT MAYAJAAL DOES NOT WARRANT OR HAVE CONTROL
OVER THE INTEGRITY, RESPONSIBILITY, CRIMINAL/PERSONAL HISTORY OR ANY OTHER ASPECT
RELATING TO THE USERS. YOU HEREBY EXPRESSLY AGREE NOT TO HOLD MAYAJAAL ITS
PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, SUCCESSORS,
ASSIGNS, REPRESENTATIVES, SPONSORS OR ADVERTISERS (COLLECTIVELY REFERRED TO THROUGHOUT
THE REMAINDER OF THIS AGREEMENT AS MAYAJAAL LIABLE FOR ANY ACTS OR OMISSIONS
OF YOURSELF OR THE OTHER USERS.
B. THE SITE:
WHILE MAYAJAAL TAKES ALL STEPS TO ENSURE THE ONGOING TECHNICAL INTEGRITY OF
THE SITE, MAYAJAAL DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE AT ALL TIMES. MAYAJAAL DOES NOT WARRANT THAT THE SITE WILL ALWAYS
BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. MAYAJAAL
SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY
TO USE THE SITE. MAYAJAAL DOES NOT MAKE ANY WARRANTY AS TO THE TIMELINESS,
ACCURACY, COMPLETENESS OR RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH
THE SITE. IN THE UNLIKELY EVENT THAT ANY INFORMATION ON THIS WEBSITE IS INCORRECT
DUE TO TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, MAYAJAAL AND ITS EMPLOYEES
CANNOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT MAY ARISE FROM THE USE OF ERRONEOUS INFORMATION FOUND ON THE SITE.
ALTHOUGH MAYAJAAL TAKES REASONABLE MEASURES TO ENSURE THAT THE INFORMATION
PROVIDED BY USERS IS NOT ACCESSIBLE OR DISCLOSED TO ANYONE OTHER THAN THOSE INDIVIDUALS
SPECIFIED BY USERS, MAYAJAAL CANNOT GUARANTEE THAT THE PERSONAL INFORMATION
ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR
USED BY OTHERS. USERS AGREE NOT TO HOLD MAYAJAAL LIABLE FOR ANY LOSS OR DAMAGE
OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION,
DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH THE SITE. WE RESERVE THE RIGHT
TO PROVIDE TICKETS IN OUR SOLE AND ABSOLUTE DISCRETION. WE DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR
WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE OR CURRENT.
THE SITE IS PROVIDED "AS-IS" AND MAYAJAAL DISCLAIMS ANY WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF USE, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE.
C. OTHER SITES
THE SITE AND CONTENT AVAILABLE THROUGH THE SERVICE MAY CONTAIN LINKS TO OTHER WEBSITES,
WHICH ARE COMPLETELY INDEPENDENT OF MAYAJAAL. LINKS FROM MAYAJAAL TO OTHER
SITES ON THE WEB ARE PROVIDED AS AN INFORMATION SERVICE ONLY. IT IS THE RESPONSIBILITY
OF THE USER TO EVALUATE THE CONTENT AND USEFULNESS OF THE INFORMATION OBTAINED FROM
OTHER SITES. MAYAJAAL DOES NOT CONTROL SUCH WEBSITES, AND IS NOT RESPONSIBLE
FOR THEIR CONTENT. MAYAJAAL MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY,
COMPLETENESS OR AUTHENTICITY OF THE INFORMATION CONTAINED IN ANY SUCH SITE. YOUR
LINKING TO ANY OTHER WEBITES IS AT YOUR OWN RISK. YOU AGREE THAT YOU MUST EVALUATE,
AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, THAT YOU MAY NOT RELY
ON SAID CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL MAYAJAAL BE LIABLE IN
ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
USERS FURTHER ACKNOWLEDGE THAT USE OF ANY WEBSITE CONTROLLED, OWNED OR OPERATED
BY THIRD PARTIES IS GOVERNED BY THE TERMS AND CONDITIONS OF USE FOR THOSE WEBSITES,
AND NOT BY MAYAJAAL'S TERMS OF USE AND PRIVACY POLICY. ALL USERS DO HEREBY
AGREE TO HOLD MAYAJAAL HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THE
USE OF LINKS THAT MAY APPEAR ON THE SITE.
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26. NOTIFICATION OF CLAIMS OF INFRINGEMENT:
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If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
or in the event of any dispute regarding the TOU please notify MAYAJAAL agent
("Agent"), at (please provide the address of the agent or the link)
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27. LIMITATION OF LIABILITY
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All transactions on the MAYAJAAL Website, monetary and otherwise, are non-refundable,
non-exchangeable and non-reversible, save and except in the event of proven gross
negligence on the part of MAYAJAAL or its representatives, in which event the
User agrees that the User shall only be entitled to a refund of the amount actually
paid by the User and actually received by MAYAJAAL with respect to the purchase
of tickets/ updates of member accounts/ purchase of virtual cards / gift voucher
amounts / whether through the use of virtual card, credit card charge, card debit
card, smart card or cash, which amount shall constitute liquidated damages. MAYAJAAL
or its Representatives shall not be liable for refund of any amount paid for purchasing
tickets on line or availing any other Services on the MAYAJAAL Website, save
and except in the event of proven gross negligence on the part of MAYAJAAL
or its Representatives, then MAYAJAAL or its Representatives, as the case may
be, shall pay liquidated damages amounting to the actual amount paid by the User
and actually received by MAYAJAAL with respect to the purchase of tickets/
updates of member accounts/ purchase of virtual cards / gift voucher amounts / whether
through the use of virtual card, credit card charge, card debit card, smart card
or cash, which amount shall constitute liquidated damages.
UNDER NO CIRCUMSTANCES SHALL MAYAJAAL OR ITS REPRESENTATIVES BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR INABILITY TO USE, THE MAYAJAAL WEBSITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF MAYAJAAL HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MAYAJAAL'S LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT OF THE AMOUNT ACTUALLY PAID FOR BY ANY USER WHILE
AVAILING ANY OF THE SERVICES ON THE MAYAJAAL WEBSITE.
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28. INDEMNIFICATION
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Mayajaal will not be held responsible and expressly disclaims any liability whatsoever
for any claims and/or controversies that may arise between Users or that relate
to or arise out of the acts or omissions of other Users. By using this Site, you
do hereby represent, understand, and expressly agree to indemnify and hold Mayajaal
its parent, subsidiaries, officers, directors, owners, agents, employees, successors,
assigns, representatives, sponsors or advertisers (collectively referred to as "Indemnified")
harmless to the greatest extent possible under applicable law from and against any
and all judgments, fines, penalties, amounts paid in settlement and any other amounts
reasonably incurred or suffered by Indemnified in connection with any threatened,
pending or completed action, suit or proceeding, whether civil, criminal, administrative
or investigative ("Claim"), to which Mayajaal is, was or at any time becomes a party,
or is threatened to be made a party, due to any of your alleged acts or omissions.
You further agree to pay any and all expenses reasonably incurred by the indemnified
(MAYAJAAL) in defending any Claim or Claims (including reasonable attorneys'
fees and other reasonable costs of investigation and defense), as the same are incurred
and in advance of the final disposition of any such Claim or Claims,. All agreements
and obligations of the User under this paragraph do not terminate upon termination
of this Ageement and shall continue for so long as the Indemnified shall be subject
to any possible action, suit, proceeding or other assertion of a Claim or Claims.
By agreeing to the terms of this Agreement, you also agree to indemnify MAYAJAAL
from and against any and all claim, loss, expense or demand of liability, including
attorneys' fees and costs incurred by the Indemnified in connection with any claim
by a third party (including an intellectual property claim) arising out of (i) materials
and content you submit, post or transmit through the Site, or (ii) use of the Site
in violation of these Terms of Use or in violation of any applicable law. You further
agree that you will cooperate as reasonably required in the defense of such claims.
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29. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
or in the event of any dispute regarding the TOU please notify Mayajaal’ agent ("Agent"),
at (please provide the address of the agent or the link)
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30. APPLICABLE LAWS AND ARBITRATION
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These Terms, and all other aspects of use of the Site, shall be governed by and
construed in accordance with the laws of India and the State of Tamilnadu, without
regard to its conflict of laws rules. Any disputes arising with respect to this
Agreement shall be adjudicated by a sole arbitrator to be appointed by Mayajaal.
The written decision of the arbitrator shall be final and binding on the parties.
The arbitration proceeding shall be carried on and heard in Chennai, India using
the English language and pursuant to the rules of the Indian Arbitration and Conciliation
Act, 1996 or any enactment of statute that may have amended or accordingly replaced
the same. The arbitrator shall decide ex aequo et bono or as amiable compositeur.
It is agreed that the Terms of Service is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings relating to
the subject matter of the Terms of Service and that all modifications, except as
otherwise provided herein, must be in a writing signed by both parties.
These Terms of Use constitute the entire agreement between Users and Mayajaal with
respect to the Site and Users have not relied on any promises or representations
made by Mayajaal, its agents or employees except as set forth herein.
If any provision of these Terms of Use is found to be invalid or unenforceable,
the remaining provisions shall be enforced to the fullest extent possible, and the
remaining Terms of Use shall remain in full force and effect.
Our website disclaimer and privacy policy are subject to change over time. Please
return periodically to review the latest on our commitments to you.
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