only4ukids Service Agreement
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE,
YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU ARE NOT AGREEABLE TO THESE TERMS
OF USE, PLEASE DO NOT VIVIT OR USE THIS SITE.
1. DEFINITIONS
"only4ukids" is the interactive online service operated by Family Network. User
means any person who establishes or accesses connection to only4ukids for access to and
use of only4ukids.
2. DESCRIPTION OF SERVICE
only4ukids is providing User with a capability to gather information, participate in quiz
and games, send electronic cards and mail etc. via the World Wide Web and on only4ukids'
own system. In consideration for this Service, User agrees to comply with the terms and
conditions as laid down under this Service Agreement. If any information provided by User
is incomplete or inaccurate or violates any provisions of the Service Agreement implicitly
or explicitly,only4ukids retains the right to terminate User's rights to use the
Service.
3. GENERAL
(A) This Agreement, which incorporates by reference other provisions applicable to use of
only4ukids, sets forth the terms and conditions that apply to use of only4ukids by User.
By using only4ukids (other than to read this Agreement for the first time), User agrees to
comply with all of the terms and conditions hereof. The right to use only4ukids is
personal to User and is not transferable to any other person or entity. User is
responsible for all use of User's Account (under any screen name or password) and for
ensuring that all use of User's Account complies fully with the provisions of this
Agreement. User shall be responsible for protecting the confidentiality of User's
password(s), if any.
(B) only4ukids shall have the right at any time to change or discontinue any aspect or
feature of only4ukids, including, but not limited to, content, hours of availability, and
equipment needed for access or use.
4. CHANGED TERMS
only4ukids shall have the right at any time to change or modify the terms and conditions
applicable to User's use of only4ukids, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on only4ukids, or by
electronic or conventional mail, or by any other means by which User obtains notice
thereof. Any use of only4ukids by User after such notice shall be deemed to constitute
acceptance by User of such changes, modifications or additions.
5. USER CONDUCT
(A) User shall use only4ukids for lawful purposes only. User shall not post or transmit
through only4ukids any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law, or which, without only4ukids' express prior approval, contains
advertising or any solicitation with respect to products or services. Any conduct by a
User that in only4ukids' discretion restricts or inhibits any other User from using or
enjoying only4ukids will not be permitted. User shall not use only4ukids to advertise or
perform any commercial solicitation, including, but not limited to, the solicitation of
users to become Users of other online information services competitive with only4ukids.
(B) only4ukids contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video, graphics, music
and sound, and the entire contents of only4ukids are copyrighted as a collective work
under the Indian copyright laws. only4ukids owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content
original to it. User may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the content, in whole or in
part. User may download copyrighted material for User's personal use only. Except as
otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material will be
permitted without the express written permission of only4ukids and the copyright owner. In
the event of any permitted copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark legend or copyright notice
shall be made. User acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on only4ukids any material
protected by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by copyright rests with the User.
User shall be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By submitting
material to any public area of only4ukids, User automatically grants, or warrants that the
owner of such material has expressly granted only4ukids the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material. User also
permits any other User to access, view, store or reproduce the material for that User's
personal use. User hereby grants only4ukids the right to edit, copy, publish and
distribute any material made available on only4ukids by User.
(D) The foregoing provisions of Section 5 are for the benefit of only4ukids, its
subsidiaries, affiliates and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions directly or on its own
behalf.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) USER EXPRESSLY AGREES THAT USE OF only4ukids IS AT USER'S SOLE RISK. NEITHER
only4ukids, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT only4ukids WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
only4ukids, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH only4ukids.
(B) only4ukids IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. only4ukids DOES NOT
WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT only4ukids) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. USER SPECIFICALLY
ACKNOWLEDGES THAT only4ukids IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL only4ukids, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING only4ukids OR THE only4ukids WEBSITE AND SERVICES THEREOF, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
only4ukids. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
ALL CONTENT ON only4ukids.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER only4ukids, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN only4ukids, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER only4ukids NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
7. MONITORING
only4ukids shall have the right, but not the obligation, to monitor the content of
only4ukids, to determine compliance with this Agreement and any operating rules
established by only4ukids and to satisfy any law, regulation or authorized government
request. only4ukids shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on only4ukids. Without limiting the foregoing,
only4ukids shall have the right to remove any material that only4ukids, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
8. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless only4ukids, its affiliates and their
respective directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of only4ukids by User or
User's Account.
9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall only4ukids be
liable for any special or consequential damages that result from the use of, or the
inability to use, the materials in this site, even if only4ukids or a only4ukids
authorized representative has been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you. In no event shall
only4ukids' total liability to you for all damages, losses, and causes of action whether
in contract, tort (including, but not limited to, negligence or otherwise) exceed the
amount paid by you, if any, for accessing this site.
10. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely for the purpose
of promoting products available in India. only4ukids may change, add, or delete programs
described in this website at any time without notice. This site is controlled by
only4ukids and only4ukids makes no representation that materials in the site are
appropriate or available for use outside India. Many of the images used here are for use
in India only and those who choose to access these images from outside India do so on
their own initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. This agreement shall be governed by and construed in
accordance with the laws of the Kolkata High Court, without giving effect to any
principles of conflicts of law.
11. TERMINATION
This agreement is effective until terminated by either party. You may terminate this
agreement at any time by destroying all materials obtained from any and all only4ukids
site(s) and all related documentation and all copies and installations thereof, whether
made under the terms of this agreement or otherwise. This agreement will terminate
immediately without notice from only4ukids if in only4ukids' sole discretion you fail to
comply with any term or provision of this agreement. Upon termination, you must destroy
all materials obtained from this site and any and all other only4ukids site(s) and all
copies thereof, whether made under the terms of this agreement or otherwise.
12. CONCLUSION
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the subject matter herein and shall not be
modified except in writing, signed by both parties.
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