The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of these Terms.
The Provisions Governing Your Use of the MissMalini Website
MissMalini.com is an online site and has its principal place of business at Amardeep, Suite #4, First Floor, North 17th Rd, Santacruz West, Mumbai, Maharashtra, India.
Links to Third Party Websites
MISSMALINI WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES INCLUDING SELLERS OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
Submission and Ownership of Content
You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services and happenings of the city of Mumbai or otherwise, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted (“Content”) on the MissMalini website, and any material or information that you transmit to other users for your interactions with other Users. MissMalini does not endorse and has no control over the Content. Content is not necessarily reviewed by MissMalini prior to posting and does not necessarily reflect the opinions or policies of MissMalini. MissMalini makes no warranties, express or implied, as to the Content posted or submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the Content posted or submitted by Users or any material or information that you transmit to other Users.
Under no circumstances, we will be liable in any way for any content, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for 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 such Content posted or uploaded. By posting comments and other community services You agree not to upload, post or otherwise transmit any matter or views, which are threatening, defamatory, abusive, obscene, offensive, illegal, infringement of other’s rights including intellectual property rights, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person / user or download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner.
MissMalini reserves the right, but has no obligation, to monitor disputes between You and any entity which you have reviewed.
In addition to what is stipulated above, the following is a non-exhaustive list of the kind of Content and communications that are illegal or prohibited on/through the MissMalini Website. MissMalini reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the MissMalini service and terminating the membership of such violators or blocking your use of the MissMalini service and/or MissMalini Website.
You May Not Post Content That
– is false or intentionally misleading;
– is patently offensive to users of the MissMalini Website, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– involves the transmission of unsolicited mass mailing or “spamming”;
– promotes illegal activities or conduct that is abusive;
– is threatening, obscene, defamatory or libelous;
Use of Website
Registration and Security
In order to access some features of the Website, You may now or in the future have to create an account. You may never use another user’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 MissMalini immediately of any breach of security or unauthorized use of Your account. Although MissMalini will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of MissMalini or others due to such unauthorized use. In consideration of Your use of the Website 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 Website 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 Website 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.
You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of a person other than yourself without appropriate authorization. MissMalini reserves the right to refuse registration of, or cancel a User ID in its discretion.
The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will MissMalini be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against MissMalini in this regard.
Restriction of Right to Use
KINDLY NOTE THAT MISSMALINI PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the MissMalini Website and that you provide to other Users. Your MissMalini Content 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.
You may not post content that seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Any User 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 Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MissMalini assumes no responsibility or liability for this material. If You become aware of misuse of the services provided by MissMalini by any person, please contact us at [email protected]
You Shall Not (and you agree not to allow any third party to):
-modify, adapt, translate, or reverse engineer any portion of the MissMalini Website and/or MissMalini service;
– remove any copyright, trademark or other proprietary rights notices contained in or on the MissMalini Website and/or MissMalini service;
– use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the MissMalini Website and/or MissMalini service;
– collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other MissMalini users;
– reformat or frame any portion of the web pages that are part of the MissMalini Website and/or MissMalini service;
– create user accounts by automated means or under false or fraudulent pretenses;
– create or transmit unwanted electronic communications such as “spam” to other users of the MissMalini Website and/or MissMalini service or otherwise interfere with other user’s enjoyment of the MissMalini Website and/or MissMalini service;
– submit any third party materials or Content without such third party’s prior written consent;
– submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by MissMalini;
– submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
– transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
– use of the MissMalini Website or MissMalini services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
– copy or store any Content offered on the MissMalini Website for other than your own use;
– submit Content or materials that are unlawful or promote or encourage illegal activity;
– submit false or misleading information to MissMalini;
– take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
– use the MissMalini Website and/ or MissMalini service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
– collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
MissMalini.com takes no responsibility nor does it endorse or recommend any of the stories, comments, opinions, views or ideas contributed by its users and/or authors. However, MissMalini.com permits others to make judgments about your Content that may affect the display of your Content. Further, MissMalini.com may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, MissMalini.com may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve MissMalini.com’ relationships with its service providers (such as its Internet access providers). Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Below 18 years of Age
Use of and membership in the MissMalini Website is void where prohibited. By using the MissMalini Website, you represent and warrant that (a) you are 18 years of age or above (b) your use of the MissMalini Website does not violate any applicable law, rule or regulation. Your profile, if any, may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age.
The Website including the services provided on the Website are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MissMalini. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the 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 MissMalini services.
Intellectual Property Rights and No Re- transmission of Information
The Content on the Website, except all User Submissions (as defined below), including without limitation, the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MissMalini, 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 MissMalini.
You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share MissMalini.com, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by MissMalini.com prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of MissMalini.com without prior written authorization.
MissMalini 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Important Usage Conditions and Related Provisions
The 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, MissMalini 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:
In Connection With User Submissions, You Further Agree That You Will Not
(i) 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 MissMalini all of the license rights granted herein:
- Publish falsehoods or misrepresentations that could damage MissMalini or any third party;
ii. Post advertisements or solicitations of business;
iii. Impersonate another user.
MissMalini does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MissMalini expressly disclaims any and all liability in connection with User Content and submissions. MissMalini does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MissMalini will remove all Content and submissions if properly notified that such Content or submission infringes on another’s intellectual property rights. MissMalini reserves the right to remove Content and User submissions without prior notice. MissMalini 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.
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 [email protected] with the following information in writing:
i. A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. 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
vi. 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 Website, You will be exposed to User submissions from a variety of sources, and that MissMalini 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 MissMalini, 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.
Illegal or Prohibited Content
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MissMalini services. MissMalini reserves the right to investigate and take appropriate legal action against anyone who, in MissMalini’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MissMalini:
- exploits people in a sexual or violent manner;
2. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
3. provides any telephone numbers, addresses, last names, urls or email addresses;
4. 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;
5. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming” ”phishing”
6. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
7. 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;
8. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
9. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
10. includes a photograph of another person that you have posted without that person’s consent; or
11. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
12. 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;
14. covering or obscuring the banner advertisements on your personal profile page, or any MissMalini page via HTML/CSS or any other means;
15. interfering with, disrupting, or creating an undue burden on the MissMalini Website or the networks or services connected to MissMalini;
16. for band profiles, copying your MissMalini code and embedding it into other profiles or asking other users to embed it into their profiles;
17. using any information obtained from the Website in order to harass, abuse, or harm another person;
18. 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 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
19. using the Website in a manner inconsistent with any and all applicable laws and regulations.
Terms of Products listed on the Website
A segment of Website operates as a market place and merely provides an online platform to various sellers (including other marketplaces) (“Sellers”) to advertise, display and make available various products (“Products”) to the Users of the Website. The Website merely facilitates the engagement of the Users and various Sellers. Additionally, the Website reserves the right to terminate such services offered at any time to the Users without any notice.
All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. MissMalini disclaims any liabilities arising out of any discrepancies to this end.
MissMalini hereby disclaims any guarantees of exactness as to the finish and appearance of the final Products. The quality of any Products, related information, is not endorsed or supported by MissMalini and is the sole liability of the respective Seller.
Prices for Products is solely fixed by the Seller and MissMalini in no way has any influence over the price of the Products. Further, MissMalini disclaims any and all claims and/or liabilities arising from such revision in prices.
As indicated, any person may access the Website and the Products either by registering to the Website or using the Website as a guest.
All sales of the Products shall be concluded in the online portal of the respective Seller and shall be governed by the policies, terms and conditions of the respective Seller. The Seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User as per the Seller’s policies including any providing refunds, facilitating returns etc.
Every User agree and acknowledge that the Website is only a facilitator not the seller of the Products or a vendor in any capacity and therefore is not and cannot be a party to or control in any manner any transactions relating to the Products. MissMalini does not hold any title, right or interest in the Products listed on the Website. Accordingly, any contract for the sale / purchase of Products on the Website is essentially a contract between the User and the Sellers.
Further, MissMalini disclaims all obligations and liabilities emanating from purchasing of Products by the Users from the online platform of the Sellers.
The Website or MissMalini neither recommends nor endorses any of the Products listed on the Website and nor does the Website provide any guarantee, warranties or assurance with respect to the Products on the Website.
You hereby confirm undertake and agree that:
i. You are 18 years of age or above;
ii. You are solely responsible for all the Content that You upload on MissMalini and all activities that occur under your password or user name;
iii. You will not upload any infringing or potentially infringing content, any illegal content or any prohibited content or any content that violates any laws or any right of any party;
v. You shall comply with laws as applicable from time to time regarding the usage of our website; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service;
vi. The Website and all its features are made available to you on an ‘AS IS’ basis for your information and personal use only and you have no right to commercially exploit the website or any feature of the website;
vii. MissMalini disclaims all warranties, express or implied, in connection with the website and your use thereof;
viii. Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of Mumbai, India;
x. You will use your best efforts to notify us of any illegal use of our website by any user, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on our Website. However your inability for any reason not to notify us will not render you liable for the termination of our services.
Delays in Services
Neither MissMalini.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
Equipment and Operation
You shall provide and maintain all telephone/internet and other equipment necessary to access the Website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website.
YOU AGREE THAT YOUR USE OF THE MISSMALINI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MISSMALINI, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MISSMALINI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION 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 MISSMALINI WEBSITE. MISSMALINI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MISSMALINI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MISSMALINI 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 MISSMALINI WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY MISSMALINI. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. MISSMALINI TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE MISSMALINI WEBSITE OR THROUGH THE MISSMALINI SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. MISSMALINI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MISSMALINI SERVICES. MISSMALINI 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, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE. MISSMALINI 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 MISSMALINI 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 MISSMALINI SERVICES. UNDER NO CIRCUMSTANCES SHALL MISSMALINI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MISSMALINI SERVICES, ATTENDANCE AT A MISSMALINI EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE MISSMALINI SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE MISSMALINI SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN CONTRACT TORT OR OTHERIWSE. THE MISSMALINI SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND MISSMALINI EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MISSMALINI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MISSMALINI SERVICES.
Limitation of Liability:
IN NO EVENT SHALL MISSMALINI, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION OR DATA 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 MISSMALINI 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 MISSMALINI 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 MissMalini from its facilities in India. MissMalini makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
- conform to legal requirements or comply with legal process;
2. protect and defend our rights or property or our affiliated companies;
4. act to protect the interest of our members or others.
MissMalini is a proprietary registered Trade Mark of MissMalini Publishing Private Ltd.
Governing Law and Arbitration
YOU AND MISSMALINI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MISSMALINI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact and Violations