Terms of use of the BindaasJokes website
Last Revised on: September 26, 2007
PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This Agreement
is made between BindaasJokes.com and you as a site visitor and /or Member ("You").
This Agreement setforth the legally binding terms of your use of the BindaasJokes.com
website at its services located at URL
www.BindaasJokes.com.
By using and/or visiting this website ("BindaasJokes"), (collectively, including all
content available through the BindaasJokes.com domain name, the "BindaasJokes Website", or
"Website",) you signify your assent to both these terms and conditions ("
Terms of
Use") and the terms and conditions of BindaasJokes's
Privacy Policy,
which are published, and which are incorporated herein for reference. In addition,
when using particular services provided by us such as viewing any clips, or participating
in any contests, you shall be subject to any additional guidelines or rules applicable
to such services. Kindly print these terms of use or save a copy of these terms
of service for your records. If you do not agree to any of these terms, then please
do not use the BindaasJokes website.
- THE PROVISIONS GOVERNING YOUR USE OF THE BindaasJokes WEBSITE.
BindaasJokes.com is an online youth joking site having its principal place of business
at i2Eye Interactive, 211-213, 2nd floor, Citi Mall, Dombivli Kalyan Road, M.I.D.C.,
Dombivli(E), Thane-421203, Maharashtra, India. The BindaasJokes Website is hosted in India and is subject
to the laws governing the Republic of India.
You are only authorized to use the BindaasJokes Website (regardless of whether your access
or use is intended) if you agree to abide by all applicable laws and to these Terms
of Use and the privacy policy referred to in Clause 1
above . . We reserve the right at any time to: change the terms of this Agreement;
change the Services, including eliminating or modifying any content on or feature
of the Site; or change/charge any fees or charges for use of the Services. Any changes
we make will be effective immediately on notice, which we may give either by posting
the new Agreement on the Site or via electronic mail. Your use of the Services after
such notice will be deemed acceptance of such changes. Be sure to review this Agreement
periodically to ensure your familiarity with the most current version. You will
always be able to tell when the version was last updated by checking the "Last Revised"
date in the header of this agreement.
Please note that these Terms of Use apply to all Users of the BindaasJokes Website, including
Users who are also contributors of video content, information, and other materials
or services on the BindaasJokes Website. The BindaasJokes Website may contain
links to third party websites that are not owned or controlled by BindaasJokes. BindaasJokes
has no control
over, and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, BindaasJokes will not and cannot censor or
edit the content of any third-party site. By using the Website, you expressly relieve BindaasJokes from any and all liability arising from your use of this Website and any
third-party website as aforesaid. Accordingly, we encourage you to be aware when
you move out of the BindaasJokes Website and to read the terms and conditions and
privacy policy of each other website that you visit.
- You are solely responsible for the content including without limitation, the
text, photos interactive features and the like ("Content") that you post on
the BindaasJokes Website, and any material or information that you transmit to other
Members and for your interactions with other Users. BindaasJokes does not endorse and has no control over the Content. Content
is not necessarily reviewed by BindaasJokes
prior to posting and does not necessarily
reflect the opinions or policies of BindaasJokes.
BindaasJokes makes no warranties, express
or implied, as to the Content or to the accuracy and reliability of the Content
or any material or information that you transmit to other Members.
- BindaasJokes hereby grants you permission to use the Website as set forth in these terms
of use, provided that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use; (ii) you will not copy or distribute any part of the
Website in any medium without BindaasJokes's prior written authorization; (iii) you will
not alter or modify any part of the Website other than as may be reasonably necessary
to use the Website for its intended purpose; and (iv) you will otherwise comply
with the terms and conditions of these Terms of Use.
- In order to access some features of the Website, you will have to create an account.
You may never use another Member's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password
secure. You must notify BindaasJokes immediately of any breach of security or unauthorized
use of your account. Although BindaasJokes will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of BindaasJokes
or others due to such unauthorized use. In consideration of your use of the Site
and Services, you agree, where information is requested, to provide true, accurate,
current, and complete information about yourself, and to maintain and update it
promptly. You agree that if any information you provide is false, inaccurate, not
current, or incomplete, we may terminate your use of the Site and/or the Services.
You are responsible for maintaining the confidentiality of your password, and agree
not to transfer your use of or access to the Site or Services to any third party.
You are fully responsible for all activities that occur under your password or user
name, including, without limitation, purchases. You agree to (a) immediately notify
us of any unauthorized use of your password or user name or any other breach of
security, and (b) ensure that you exit from your account at the end of each session.
We are not liable for any loss or damage arising from your failure to comply with
all of the foregoing obligations.
- KINDLY NOTE THAT BINDAASJOKES PROHIBITS PORNOGRAPHY ON ITS
SITE. Please choose carefully the information you post on the BindaasJokes Website
and that you provide to other Users. Your BindaasJokes poll must not include any photographs
containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit
or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS
WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any
user or member who publishes or transmits or causes to be published in the electronic
form, any material which is lascivious or appeals to the prurient interest or if
its effect is such as to tend to deprave and corrupt people who are likely, having
regard to all relevant circumstances, to read, see or hear the matter contained
or embodied in it shall be strictly treated under the provision 67 of the Information
Technology Act 2000
http://www.naavi.org/importantlaws/itbill2000/ch11.html and as per the provisions
of Indian Penal Code and other appropriate statutes applicable in that scenario.
Despite this prohibition, information provided by other Members (for instance, in
their profile) may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and BindaasJokes assumes no responsibility or liability
for this material. If you become aware of misuse of the services provided by BindaasJokes
by any person, please contact us at
abuse@BindaasJokes.com or click on the "Report
Abuse" link located at footer of every page on BindaasJokes.com.
- BindaasJokes reserves the right, in its sole discretion, to reject, refuse to post or
remove any Content (including private messages) posted by you, or to restrict, suspend,
or terminate your access to all or any part of the BindaasJokes Website at any time,
for any or no reason, with or without prior notice, and without liability. BindaasJokes expressly reserves the right to remove your profile and/or restrict,
suspend, or terminate your access to any part of the BindaasJokes Website if BindaasJokes
determines,
in its sole discretion, that you pose a threat to BindaasJokes and/or its Users.
- You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the BindaasJokes servers in a given period of time
than a human can reasonably produce in the same period by using a convention on-line
web browser. Notwithstanding the foregoing, BindaasJokes grants the operators of public
search engines permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of the materials,
but not caches or archives of such materials. BindaasJokes reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for commercial purposes,
any users of the Website with respect to their User Submissions (defined below).
- Use of and membership in the BindaasJokes Website is void where prohibited. By using
the BindaasJokes Website, you represent and warrant that (a) you are 16 years of age
or above (b) your use of the BindaasJokes Website does not violate any applicable law
or regulation. Your profile may be deleted and your membership may be terminated
without warning, if we believe that you are less than 16 years of age.
BELOW 16
The Site is NOT directed to or intended for people under the age of 16 (Sixteen).
Users less than Sixteen (16) years of age may not register to use the Site. BindaasJokes
does not knowingly collect any personal information from users under the age of
sixteen. If you are a parent of a child under the age of sixteen and you have questions
about our Site or Privacy Policy, please feel free to
contact the BindaasJokes Privacy Coordinator at
privacy@BindaasJokes.com.
Those between the age of Sixteen and Eighteen are to provide either of their parents
Email ID and an Email will be send informing that their ward has registered himself/herself
to use the BindaasJokes.com services. Parent of such wards will be legally bound by any
acts/deeds/Violation of BindaasJokes.com Terms of Use & Privacy
Policy by their wards.
These Terms of Use shall remain in full force and effect while you use the BindaasJokes
Website or continue to be a Member. You may terminate your membership at any time,
by simply writing in at
letmeout@BindaasJokes.com. BindaasJokes may terminate your membership at any time,
without warning. Even after membership is terminated, these Terms of Use will remain
in effect and continue to bind you accordingly.
- You acknowledge that BindaasJokes reserves the right to charge for the services on the BindaasJokes Website and to change its fees from time to time at its discretion.
If BindaasJokes
terminates your membership because you have breached these Terms of Use, you shall
not be entitled to the refund of any unused portion of subscription fees.
- The BindaasJokes Website including the services provided on the Website are 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 BindaasJokes.
Illegal and/or
unauthorized use of the BindaasJokes 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 BindaasJokes Website is prohibited.
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 for any illegal or
unauthorized use of the BindaasJokes services.
- INTELLECTUAL PROPERTY RIGHTS
The content on the BindaasJokes Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or licensed to
BindaasJokes, subject to copyright and other intellectual property rights under Indian
laws and conventions. Content on the Website is provided to you AS IS for your information
and personal use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners and BindaasJokes.
BindaasJokes reserves all rights not expressly granted in and to the Website and the
Content. You agree not to engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website for
any commercial purposes. You agree not to circumvent, disable or otherwise interfere
with security related features of the BindaasJokes Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the BindaasJokes
Website or the Content therein.
- IMPORTANT USAGE CONDITIONS AND RELATED PROVISIONS
- The BindaasJokes Website may now or in the future permit the submission of videos or
other communications submitted by you and other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions. You understand that
whether or not such User Submissions are published, BindaasJokes does not guarantee any
confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that:
- i. you own or have the necessary licenses, rights, consents, and permissions to
use and authorize BindaasJokes to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and these
terms of use; and
- ii. you have the written consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these terms of use. For
clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to BindaasJokes, you hereby grant BindaasJokes
a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the BindaasJokes Website and BindaasJokes's (and its
successor's) business, including without limitation for promoting and redistributing
part or all of the BindaasJokes Website (and derivative works thereof) in any media formats
and through any media channels. You also hereby grant each user of the BindaasJokes Website
a non-exclusive license to access your User Submissions through the Website, and
to use, reproduce, distribute, prepare derivative works of, display and perform
such User Submissions as permitted through the functionality of the Website and
under these terms of use.
- In connection with User Submissions, you further agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject
to third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have written permission from their rightful
owner to post the material and to grant BindaasJokes all of the license rights granted
herein;
- publish falsehoods or misrepresentations that could damage BindaasJokes or any third
party;
- submit material that is unlawful, obscene, defamatory, libelous, scandalous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business:
- impersonate another user. BindaasJokes does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and BindaasJokes expressly disclaims any
and all liability in connection with User Submissions. BindaasJokes does not permit copyright
infringing activities and infringement of intellectual property rights on its Website,
and BindaasJokes will remove all Content and User Submissions if properly notified that
such Content or User Submission infringes on another's intellectual property rights.
BindaasJokes reserves the right to remove Content and User Submissions without prior
notice. BindaasJokes will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer(except in the case of pornographic
content) is a User who has been notified of infringing activity more than twice
and/or has had a User Submission removed from the Website more than twice.
BindaasJokes also reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Use for violations other than copyright
infringement and violations of intellectual property law, such as, but not limited
to, pornography, obscene, scandalous or defamatory material, of excessive length.
BindaasJokes may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Use at any time, without prior notice
and at its sole discretion.
- d. In particular, if you are a copyright owner or an agent thereof and believe that
any User Submission or other content infringes upon your copyrights, you may submit
a notification of the same to
copyright@BindaasJokes.com with the following information in writing:
- A physical or electronic signature of a user authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit the service provider to locate the
material;
- Information reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalties
of misrepresentation and other applicable laws, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
- You understand that when using the BindaasJokes Website, you will be exposed to User
Submissions from a variety of sources, and that BindaasJokes is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to
such User Submissions. You further understand and acknowledge that you may be exposed
to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Website with respect thereto, and agree to indemnify
and hold BindaasJokes, its owners/operators, affiliates, and/or licensors, harmless to
the fullest extent allowed by law regarding all matters related to your use of the
site.
- BindaasJokes permits you to link to materials on the Website for personal, non-commercial
purposes only. In addition, BindaasJokes provides an "Embeddable Player" feature, which
you may incorporate into your own personal, non-commercial websites for use in accessing
the materials on the BindaasJokes Website, provided that you include a prominent link
back to the BindaasJokes Website on the pages containing the Embeddable Player. BindaasJokes
reserves the right to discontinue any aspect of the BindaasJokes Website at any time.
- The following is a partial list of the kind of Content that is illegal or prohibited
to post on or through the BindaasJokes services. BindaasJokes reserves the right to investigate
and take appropriate legal action against anyone who, in BindaasJokes's sole discretion,
violates this provision, including without limitation, removing the offending communication
from the BindaasJokes Website and terminating the membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the sole discretion of
BindaasJokes:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
- harasses or advocates harassment of another user;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an
adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
- 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;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or "spamming";"phishing"
- contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
- solicits passwords or personal identifying information for commercial or unlawful
purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's
consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the profile.
- criminal or tortures activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming, sending
of viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services
through the BindaasJokes services. You may not transmit any chain letters or junk email
to other Members. It is also a violation of these rules to use any information obtained
from the BindaasJokes Website in order to contact, advertise to, solicit, or sell to
any Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, BindaasJokes.com reserves the right to restrict
the number of emails which a Member may send to other Members in any 24-hour period
to a number which BindaasJokes deems appropriate in its sole discretion. If you breach
any provisions of these Terms of Use and send unsolicited bulk email, instant messages
or other unsolicited communications of any kind through the BindaasJokes Website, you
acknowledge that you will have caused substantial harm to BindaasJokes, but that the
amount of such harm would be extremely difficult to ascertain.
- covering or obscuring the banner advertisements on your personal profile page, or
any BindaasJokes page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments
or messages;
- interfering with, disrupting, or creating an undue burden on the BindaasJokes Website
or the networks or services connected to BindaasJokes;
- attempting to impersonate another Member or person;
- for band profiles, copying your BindaasJokes code and embedding it into other profiles
or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the BindaasJokes Website in order to harass, abuse,
or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any commercial activity
on or through the BindaasJokes Website on behalf of that person, such as placing commercial
content on your profile, posting blogs or bulletins with a commercial purpose, selecting
a profile with a commercial purpose, or sending private messages with a commercial
purpose; or
- using the BindaasJokes Website in a manner inconsistent with any and all applicable laws
and regulations.
- You are solely responsible for your interactions with other BindaasJokes Members. BindaasJokes
reserves the right, but has no obligation, to monitor disputes between you and other
Members.
- Use of the BindaasJokes Website is also governed by our privacy
policy, which is incorporated into these Terms of Use by this reference.
- DISCLAIMERS.
YOU AGREE THAT YOUR USE OF THE BindaasJokes WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, BindaasJokes, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. BindaasJokes MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE BindaasJokes WEBSITE. BindaasJokes DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE BindaasJokes WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND BindaasJokes WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
INCLUSION OF ANY LINKED WEBSITE ON THE BindaasJokes WEBSITE DOES NOT IMPLY APPROVAL OR
ENDORSEMENT OF THE LINKED WEBSITE BY BindaasJokes. WHEN YOU ACCESS THESE THIRD-PARTY
SITES, YOU DO SO AT YOUR OWN RISK. BindaasJokes TAKES NO RESPONSIBILITY FOR THIRD PARTY
ADVERTISEMENTS WHICH ARE POSTED ON THE BindaasJokes WEBSITE OR THROUGH THE BindaasJokes SERVICES,
NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS.
BindaasJokes IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER
OF THE BindaasJokes SERVICES. BindaasJokes 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,
ANY USER OR MEMBER COMMUNICATION. BindaasJokes IS NOT RESPONSIBLE FOR ANY PROBLEMS OR
TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS,
SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS
DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE
BindaasJokes SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS
OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION
WITH THE BindaasJokes SERVICES. UNDER NO CIRCUMSTANCES SHALL BindaasJokes BE RESPONSIBLE FOR
ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE
BindaasJokes SERVICES, ATTENDANCE AT A BindaasJokes EVENT, FROM ANY CONTENT POSTED ON OR THROUGH
THE BindaasJokes SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE BindaasJokes SERVICES,
WHETHER ONLINE OR OFFLINE. THE BindaasJokes SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE
AND BindaasJokes EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. BindaasJokes CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC
RESULTS FROM USE OF THE BindaasJokes SERVICES.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL BindaasJokes, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE BindaasJokes WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BindaasJokes SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE
RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by BindaasJokes from its facilities in India. BindaasJokes
makes no representations that the BindaasJokes Website is appropriate or available for
use in other locations. Those who access or use the BindaasJokes Website from other jurisdictions
do so at their own volition and are responsible for compliance with applicable laws.
- INDEMNITY
You agree to defend, indemnify and hold harmless BindaasJokes, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the BindaasJokes Website; (ii) your violation of any term of these Terms of Use; (iii)
your violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Use and your use of the BindaasJokes Website.
- ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than 16 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Use, and to abide by and comply with
these Terms of Use.
- ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by BindaasJokes without restriction.
- GENERAL
You agree that: (i) the BindaasJokes Website shall be deemed solely based in India; (ii)
the section titles in this Agreement are for convenience only and have no legal
or contractual effect; (iii) nothing in these Terms of Use shall be deemed to constitute
a partnership or a joint venture between the you and BindaasJokes. Nothing contained
in these Terms of Use shall constitute you as the agent of BindaasJokes or otherwise
entitle you to have authority to bind BindaasJokes for any purpose. and (iv) any claim
or dispute between you and BindaasJokes that arises in whole or in part from the BindaasJokes
Website shall be decided exclusively by a court of competent jurisdiction located
in Mumbai, India. You and BindaasJokes shall be bound to submit all disputes howsoever
arising out of or in connection with the use of the BindaasJokes Website to arbitration
to one (1) arbitrator nominated and appointed by BindaasJokes. The arbitration shall
in all matters be governed by the Arbitration and Conciliation Act, 1996. The place
of arbitration shall be Mumbai, India. The language to be used in the arbitration
proceedings shall be English. The award of the arbitration proceedings .will be
final and binding on both you and BindaasJokes to the extent permissible in law. These
Terms of Use together with the privacy policy and any
other legal notices published by BindaasJokes on the BindaasJokes Website, shall constitute
the entire agreement between you and BindaasJokes concerning the BindaasJokes Website. If
any provision(s) of these Terms of Use are deemed invalid by a court of competent
jurisdiction, the invalidity of such provision(s) shall not affect the validity
of the remaining provisions of these Terms of Use, which shall remain in full force
and effect. No waiver of any of these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term, and BindaasJokes's failure to assert
any right or provision under these Terms of Use shall not constitute a waiver of
such right or provision. BindaasJokes reserves the right to amend these Terms of Use
at any time and without notice, and it is your responsibility to review these Terms
of Use for any changes. Your use of the BindaasJokes Website following any amendment
of these Terms of Use will signify your assent to and acceptance of its revised
terms. YOU AND BindaasJokes AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE BindaasJokes WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.