This page contains contract provisions, including limitations on liability, remedies for user breach and indemnification by users. It also contains provisions designed to comply with the Indian regulations on distance contracts.
Welcome to Thewebomania.com, the service for single adults to meet each other online, operated by Webomania solutions pvt. ltd. in the case of users originating from within the India and outside of the India (each the "company" or "Webomania solutions pvt. ltd.").
The company owns and retains all proprietary rights in the website and the service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The website contains the copyrighted material, trademarks, and other proprietary information of the company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the website or through the service, without first obtaining the prior written consent of the company or, if such property is not owned by the company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Licence to use website:
Commercial Use: You must be a real human to access and use the service, robotic use is prohibited for collecting datas like email ID and Phone no. Any use of the service is void where prohibited. By accessing and using the website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the service may be prohibited or restricted in certain countries. If you use the service from outside of the India, you are responsible for complying with the laws and regulations of the territory from which you access or use the website or service.
Non-commercial Use: The website and service is for corporate use only. members may not use the service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the website may not use any information obtained from the service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the service or the website for any purpose. The company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the website, including collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the service or transmit to other members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the website or as part of the service, or transmit to the company or any other Member (either on or off the website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intime website, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that the company may, but is not obligated to, monitor or review any content you post on the website or as part of a service. The company may delete any content, in whole or in part, that in the sole judgment of the company violates this agreement or may harm the reputation of the website or the company. The company may restrict the number of emails which a member may send to other members in any 24-hour period to a number which we deem appropriate in our sole discretion.
By posting content on the website or as part of the service, you automatically grant to the company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sub licenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the company will not infringe or violate the rights of any third party.
In addition to the types of project described in following is a partial list of the kind of project that is prohibited in the company. You should not subscribe the package for these site or service providers who :
The company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the website or service and terminating or suspending the membership of such violators.
Your use of the website and service, including all data you post through the service, must comply with all applicable laws and regulations. You agree that the company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the website in the future; or (v) protect the rights, property or personal safety of the company or any other person.
The company reserves the right to investigate and/or terminate your subscription if you have misused the service or behaved in a way the company regards as inappropriate or unlawful, including actions or communications the occur off the website but involve members you meet through the service. The following is a partial list of the type of actions that you may not engage in with respect to the service. You will not:
Registration and subscription:
You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and services available within the service. To access or use additional features and services, including the ability to communicate with other members that are subscribers, you must become a paying subscriber to the service. The subscription policies that are disclosed to you when you subscribe to the service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the service, including communicating with other members, and (ii) a subscriber, non-subscribing members will not be able to use the service to communicate with you. A Member profile (both subscribers and non-subscribers) may remain posted on the website even if that Member is not actively using the service. You acknowledge that although a Member’s profile may be viewed, you may not (even as a subscriber) be able to use the service to communicate with that Member if he or she is not then actively using the service.
The company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
The company bills you through an online account (your "Billing Account") for use of the service. You agree to pay the company all charges at the prices you agreed to for any use of the service by you or other persons (including your agents) using your Billing Account, and you authorize the company to charge your chosen payment provider (your "Payment Method") for the service. You agree to make payment using that selected Payment Method. The company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 12 includes any agreements you made with the company on the website when becoming a Member or subscribing to the service. 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 other provider of your chosen Payment Method. If you initiate a charge back or otherwise reverse a payment made with your Payment Method, the company may in its discretion terminate your account immediately. If the company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
Your subscription will continue indefinitely until canceled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the website and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the website. If you fail to provide the company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
You are responsible for maintaining the confidentiality of the data you provided during the promotion process, and we recommend you to reset the security passwords of website after the work done.
Cancellation and suspension of subscription:
We provide all kind of website service through our website. Users coming to this website other than website purpose will be solely responsible for the rejection.
Law and jurisdiction:
You agree to indemnify and hold the company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the website or as a result of the service, and the violation of any law or regulation by you. The company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the company in connection therewith.
The company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the website. Such notices may not be received if you violate this Agreement by accessing the service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the service in an authorized manner.
This Agreement is subject to change by the company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the website and your use of the service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the service after your termination will constitute acceptance by you of the Agreement.
Last modified : 15.sept.2015 by Legal adviser Webomania solutions pvt. ltd.