Please note that the Terms & Conditions (“Terms” or “terms”) contain an arbitration clause and class action waiver. The waiver affects how disputes with the company are resolved. You agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class-action lawsuit or class-wide arbitration. By accepting these terms of use, you agree to be bound by the arbitration section below. Please read it carefully.
These terms of use (the “terms”) are a binding contract between you and Dotcom (“we” and “us”). Your use of the services in any way means that you agree to all of these terms, and these terms will remain in effect while you use the website. These terms include the provisions in this document as well as those in the privacy policy and any other relevant policies. You understand and agree that by using or participating in any of our services, you agree to also comply with the terms & conditions.
Please read these terms carefully. These terms include information about future changes to these terms, automatic renewals, and limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. Please note that your use of and access to our services are subject to the following terms; if you do not agree to all of the following, you may not use or access the website in any manner.
BASICS OF USING THE WEBSITE
You may be required to sign up for a service and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. If you change your contact information, including any mobile number, you agree that you will notify us immediately.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
EMAIL & SMS COMMUNICATION
As part of the Services, you may receive communications through the Services, including messages that Dotcom sends you (for example, via email or SMS). You may opt-in to receive Dotcom text messages at the mobile number you provide to us. Your consent to receive our promotional texts is not a condition of purchase. Message and data rates may apply. If you have any questions about your text plan or data plan, please contact your wireless provider. You can opt out of receiving our texts.
When signing up for the service, you may receive a welcome message. By signing up for the service and providing us with your wireless number, you confirm that you want Dotcom to send you information that we think may be of interest to you and you agree to receive communications from Dotcom. You agree to indemnify and hold Dotcom harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
RESTRICTIONS IN THE USE OF THE WEBSITE
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the website or interact with the website in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including Dotcom);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, or any other purpose not reasonably intended by Dotcom;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your account or anyone else’s;
- attempts, in any manner, to obtain the security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs any form of auto-responder or “spam” on the website or any processes that run or are activated while you are not logged into the website, or that otherwise interfere with the proper working of the website (including by placing an unreasonable load on the website infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the website or content (through use of manual or automated means);
- copies or stores any significant portion of the content;
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website;
- threatens our employees, contractors, agents, or another person; or
- engages in any other activity that is offensive or otherwise objectionable.
A violation of any of the foregoing is grounds for termination of your right to use or access the website.
RIGHTS OF THE WEBSITE
The materials displayed or performed or available on or through the website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the website, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates someone else’s (including Dotcom) rights. Subject to these Terms, we grant each user of the website a limited, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the website. Use,
reproduction, modification, distribution, or storage of any content for any purpose other than using the services is expressly prohibited without prior written permission from us. You understand that Dotcom owns the services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the services. The services may allow you to copy or download certain content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
USER SUBMISSIONS
You agree that you will not post, upload, share, store, or otherwise provide through the website any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming, and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
LICENSES
You grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
By submitting User Submissions through the website, you hereby do and shall grant Dotcom, a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your completion of the services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Certain features of the services allow you to share information with others, including through your social networks or other Third Party Accounts. When content is authorized for sharing, we will clearly identify the content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the content. If you share information from the services with others through your Third-Party Accounts, such as your social networks, you authorize Dotcom to share that information with the applicable Third-Party Account provider. Please review the policies of any Third-Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute content, you must be able to edit or delete any content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that Dotcom, in performing the required technical steps to provide the services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, services, or media, and the foregoing licenses include the rights to do so.
INFRINGEMENT OF COPYRIGHT
We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing. If you believe any User Submission accessible on or from the website infringes your copyright, you may request removal of those materials (or access thereto) from the website by contacting us and providing the following information: (A)identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (B) identification of the User Submission that you believe to be infringing; (C) your name, address, telephone number, and email address; (D) a statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law; (E) a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and (F) a signature or the electronic equivalent from the copyright holder or authorized representative.
THIRD-PARTY LINK
The website may contain links or connections to third-party websites or services that are not owned or controlled by Dotcom. When you access third-party websites or use third-party services, you accept that there are risks in doing so and that Dotcom is not responsible for such risks.
Dotcom has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the website. In addition, Dotcom will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the website, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the website, including payment for 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 transaction with any of these third parties. You agree that Dotcom 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 agree that Dotcom is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Dotcom, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our services.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to access the website or services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us with personal information, please contact us.
CHANGE OF THE WEBSITE
We’re always trying to improve our website, so they may change over time. We may suspend or discontinue any part of the website, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the website. We’ll try to give you notice when we make a material change to the website that would adversely affect you, but this isn’t always practical. We reserve the right to remove any content from the website at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms & Conditions), in our sole discretion, and without notice.
SERVICE COSTS
We charge a fee for using our services.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you for the services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms & Conditions. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
STOP USING THE WEBSITE
Dotcom is free to terminate (or suspend access to) your use of the website for any reason at our discretion, including your breach of these Terms & Conditions. Dotcom has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms & Conditions. Provisions that, by their nature, should survive termination of these Terms & Conditions. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
WARRANTY DISCLAIMER
Dotcom and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Dotcom and all such parties together, the “Dotcom Parties”) make no representations or warranties concerning the website, including without limitation regarding any content contained in or accessed through the website, and Dotcom Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the website or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of the use of, or in any way related to your participation in, the website. Dotcom Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the website. THE CONTENT ON THE WEBSITE ARE PROVIDED BY Dotcom (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF Dotcom PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-THOUSAND (₹1,000) RUPEES, (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold Dotcom Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the website (including any actions taken by a third party using your account), and (b) your violation of these Terms & Conditions. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
ASSIGNMENT
You may not assign, delegate or transfer these Terms & Conditions or your rights or obligations hereunder, in any way (by operation of law or otherwise) without Dotcom's prior written consent. We may transfer, assign, or delegate these Terms & Conditions and our rights and obligations without consent.
Governing Law & Applicable Jurisdiction
The terms and conditions mentioned shall be governed in accordance with the laws of the state Gujarat, India. In case of any legal dispute, the parties, without any choice, have to irrevocably agree to the jurisdiction of the federal and state courts located in Gujarat to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or Dotcom services.
MISCELLANEOUS
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the website, provided that Dotcom may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms & Conditions shall otherwise remain in full force and effect and enforceable. You and Dotcom agree that these Terms & Conditions are the complete and exclusive statement of the mutual understanding between you and Dotcom and that these Terms & Conditions supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms & Conditions.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Dotcom, and you do not have any authority of any kind to bind Dotcom in any respect whatsoever.