A. ACCEPTANCE OF TERMS
This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Livingit is a social network platform which aims to bring together users who share similar passions and share their experiences and to meet experts of a passion, to learn more about a particular passion and to pursue the same. Users of this Application ( defined below ), may, if required, also be referred to as “ Users/Visitors ”.
“User Content” shall mean all content published by the User on the Application, including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content.
C. MEMBERSHIP ELIGIBILITY
In order to register on the Application, You have to fulfil the following basic criteria for becoming a User on the Application:
- Use of the Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are “ incompetent to contract ” within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Application.
- Livsutra reserves the right to terminate Your membership and refuse to provide You with access to the Application if it is brought to Livsutra’s notice or if it is discovered that you are “incompetent to contract”.
- Livsutra believes that the information provided by the User is true and correct and in case of any misrepresentation by the User, the User shall be solely held responsible for the same.
D. USER ACCOUNT AND REGISTRATION TERMS:
You need not register with Livsutra to simply visit and view the Application, but to access and participate in certain features of the Application, you will need to create a password-protected account (“ Account ”). To create an Account, You must submit your name and e-mail address through the account registration page on the Application and create a password. You will also have the ability to provide additional optional information, which is not required to register for an Account but may be helpful to Livsutra in providing You with a more customized experience when using the Application. You may also register for an Account using your existing Facebook or Google G+ account and log in credentials (your “ Third Party Site Password ”)
You are responsible for maintaining the confidentiality of the username and password and where applicable Third Party Site Password (collectively referred to as “ Passwords ”) and are fully responsible for all activities that occur under Your Account and You shall notify Livsutra immediately of any breach of security or any unauthorized use of Your Account. You hereby expressly acknowledge and agree that You yourself and not Livsutra will be liable for Your losses, damages etc. (whether direct or indirect) (“ Losses ”) caused by an unauthorized use of Your Account. Notwithstanding the foregoing, You may be liable for the Losses of Livsutra or others due to such unauthorized use.
Livsutra does not claim ownership over the User Content posted by You on the Application. Instead on Your registration on the Application You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
E. USE OF THE APPLICATION:
1. SERVICES PROVIDED ON THE APPLICATION:
The Application has been designed with the sole aim of creating an eco-system of persons interested in a particular passion and to get them together to share their passions. The services provided on this Application are primarily of two types:
- General Services : These services allow every registered User to create a profile, share picstories, find other users sharing similar passions, get into a conversation with other users about the shared passion and to follow a mentor and / or other users;
- Pay Services : These services allow every registered User to get into a one-on-one discussion with a mentor (also known as the “ Mentor Service Program ”), who by virtue of his qualifications, experience and accomplishments, may provide valuable advice to the User to follow his/her passion. These services incur certain charges and the User shall have to make payment for availing the same.
These General Services and Pay Services shall be collectively referred to as “ Services ”.
2. PUBLICATION OF USER CONTENT
You are solely responsible for Your User Content, and Livsutra and the Application acts only as a passive conduit for Your online distribution and publication of Your User Content. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to another person and to which You do not have any right to.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Harm minors in any way.
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
- Violates any law for the time being in force.
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Impersonate another person.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Shall not be false, inaccurate or misleading;
- Shall not create liability for Livsutra or cause Livsutra to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and international laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding Your use of our service. You shall not engage in any transaction in service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
3. INTERACTION WITH OTHER USERS AND MENTORS:
You are solely responsible for your interaction with other users and the mentors of the Application, whether online or offline. You agree that Livsutra is not responsible or liable for the conduct of any user or mentor. Livsutra reserves the right, but has no obligation, to monitor or become involved in disputes between You and other users and mentors. Exercise common sense and your best judgment when interacting with others, including when You submit or post User Content or any personal or other information.
F. PAYMENT POLICY:
For making the payment for the Pay Services, the User may have to provide additional information to these third party payment gateways. Livsutra shall not be responsible for any failed transaction of the User and in case of any dispute relating to the payment for these Pay Services, the same shall be between the User and the third party payment gateway.
G. INTELLECTUAL PROPERTY RIGHTS:
1. INTELLECTUAL PROPERTY OF LIVSUTRA:
The Application is owned by Livsutra. Livsutra is the sole owner of the Application and all software created to provide You with the services. Livsutra provides You with a single limited license to download, use and access the Application on Your mobile telephone devices for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All content on the Application, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“ Content ”) are the exclusive and sole property of Livsutra. You may not copy, reproduce or use such Content without due attribution of ownership to Livsutra. All icons and logos are trademarks of and proprietary to Livsutra. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
2. INTELLECTUAL PROPERTY OF USER:
You hereby waive any claim against Livsutra for any alleged or actual infringement of any Intellectual Property Rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Content. Notwithstanding the foregoing, User Content containing personal information and data shall be governed by Livsutra.
The User represents and warrants that to the extent that he/she submits personal data in connection with becoming a User, all such information will be truthful, accurate, and not misleading, and shall not omit or fail to state any material information.
User shall not upload any User Content that infringes the Intellectual Property Rights of any third party. In case of any dispute with regard to infringement by the User of any third party’s Intellectual Property Rights, the Company shall not be a party to such a dispute.
“Intellectual Property Rights” shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent specifications, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and confidential information; and (v) Internet domain names, Internet and World Wide Web URLs or addresses; (vi) mask work rights, mask work registrations and applications therefore; and (vii) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
H. THIRD PARTY LINKS:
There may be links from the Application, or from communications You receive from the Application, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Application. The Application also includes third-party content that Livsutra does not control, maintain or endorse. Functionality on the Application may also permit interactions between the Application and a third-party web site or feature, including applications that connect the Application or Your profile on the Application with a third-party web site or feature. For example, the Application may include a feature that enables You to share User Content from the Application or your User Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires You to login to Your account on the third-party service and you do so at your own risk. Livsutra does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Livsutra is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APPLICATION ARE SOLELY BETWEEN YOU AND THE THIRD PARTY . You may choose, at Your sole and absolute discretion and risk, to use applications that connect the Application or your profile on the Application with a third-party service (“ Third Party Service ”) and such Third Party Service may interact with, connect to or gather and/or pull information from and to Your Application profile. By using such Third Party Services, you acknowledge and agree to the following: (i) if You use a Third Party Service to share information, You are consenting to information about Your profile on the Application being shared; (ii) Your use of a Third Party Service may cause personally identifying information to be publicly disclosed and/or associated with You, even if Livsutra has not itself provided such information; and (iii) Your use of a Third Party Service is at your own option and risk, and You will hold Livsutra harmless for activity related to the Third Party Service.
I. TERMINATION AND SUSPENSION:
Livsutra shall be entitled at any time without giving any reason to terminate the booking of any Services done by You.
J. DISCLAIMER OF SERVICES:
THE APPLICATION, INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED ON THE APPLICATION, IS PROVIDED ON AN “ AS IS “, “ AS AVAILABLE ” AND “ WITH ALL FAULTS ” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LIVSUTRA NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ LIVSUTRA PARTIES “) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LIVSUTRA OR VIA THE APPLICATION. IN ADDITION, THE LIVSUTRA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION.
THE LIVSUTRA PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
K. LIMITATION OF LIABILITIES:
YOU AGREE NOT TO HOLD THE LIVSUTRA PARTIES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “ LIABILITIES ”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, DEFAMATION ETC.), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY LIVSUTRA OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL THE LIVSUTRA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE LIVSUTRA PARTIES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO LIVSUTRA FOR AVAILING THE SERVICES.
Livsutra expressly disclaims any liability beyond service contract value that may arise between Users of its Application. Livsutra is only a social network to bring together users of common interest. Though Livsutra takes utmost care in collecting information and background check of the Users still Livsutra may have missed out any information unknowingly and/or Users have not have shared the correct and all information with Livsutra. Hence if any dispute arises with one or more Users, You release Livsutra Parties from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
N. DISPUTE RESOLUTION:
In case of any dispute between the user(s) and mentor(s) and/ or among users, the parties agree to resolve the matter amicably vide arbitration under the Indian Arbitration & Conciliation Act, 1996. The venue of the arbitration shall be Pune, India. The language of the arbitration shall be English.
P. FORCE MAJEURE:
Without limiting the foregoing, under no circumstances shall Livsutra be held liable for any damage or loss due to deficiency in performance of any Service on the Application resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
Q. PRESERVATION AND DISCLOSURE:
You acknowledge, consent and agree that Livsutra may access, preserve and disclose Your Account information and User Content if required to do so by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to:
- Comply with legal process either nationally or internationally;
- Respond to claims that any Content violates third party rights;
- Respond to Your request for Service;
- Protect the rights, property or personal safety of Livsutra, its subscribers and the public; or