UNIVERSAL TERMS OF USE
- Your use of Life27.com’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Life27 under a separate written agreement) is subject to the terms of a legal agreement between you and the owners of Life27.com ("Life27" or "We" or "Us" or "Our" or "we" or "us" or our" as the case may be). The principal place of business of Life27.com is at 15B Kalakar Street, 2nd Floor, Kolkata-700007, India.
- The terms and conditions set out in this document are referred to below as the “Universal Terms”.
- Some Services require you to agree to additional terms of use (all of these are referred to below as the “Additional Terms”) along with the Universal Terms.Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the owners of Life27.com in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.
- If there is any contradiction between what the Universal Terms say and what the Additional Terms say, then the Additional Terms shall take precedence in relation to that Service.
- Life27 may also offer other services from time to time that are governed by different Terms of Services, in which case the Universal Terms do not apply to such other services if and to the extent expressly excluded by such different Terms of Services. Life27 also may offer other services from time to time that are governed by different Terms of Services. These Universal Terms do not apply to such other services that are governed by different Terms of Service.
- To use the Services you must first agree to the Terms. You cannot use the Services unless you agree to the Terms.
- You can accept the Terms by:(A) clicking to accept or agree to the Terms, where this option is made available to you by Life27 in the user interface for any Services; or(B) by actually using the Services. In this case, you understand and agree that Life27 will treat your use of the Services as acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Life27, or (b) you are a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.
- Life27 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only. You agree that Life27 shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Services.
- Life27 can make changes to the Universal Terms or Additional Terms at any time and from time to time. When these changes are made, Life27 will make the Universal Terms available at http://www.life27.com/terms/universal-terms.html and any new Additional Terms will be made available to you from within, or through, the affected Services.
- You agree that your continued use of the Services following Life27's notice or posting of changed Universal Terms or Additional Terms will constitute your acceptance of such changes
- Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Universal Terms. You understand and agree that the Services are provided "AS-IS" and Life27 assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- Life27 has affiliates and business partners. Sometimes, these affiliates and business partners will be providing the Services to you on behalf of Life27 itself. You acknowledge and agree that these affiliates and business partners will be entitled to provide the Services to you.
- In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being referred to below as the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Life27 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Life27 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. If you are a parent or legal guardian, it is your responsibility to determine whether any of the Services and thier contents are appropriate for your child. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the Services and their contents are appropriate for you.
- Notwithstanding the foregoing, we may provide you with access to some parts of the Service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number provided by your network operator. You agree that such information may be collected and disclosed to Life27 and used in accordance with the Terms.
- Your privacy is important to Life27.com. All information gathered from you in connection with your use of Services will be governed by the provisions of the Life27.com Privacy Policy.You agree to the use of your data in accordance with Life27’s privacy policies.
- You agree and understand that you are responsible for maintaining the confidentiality of the password associated with any account you use to access the Services, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Life27 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Life27 cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
- Unless expressly stated otherwise, no information presented in the Services or in connection with any products and services forming part of the Services shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Services, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.
- Content that is considered obscene under Indian law, is strictly forbidden on the Life27.com website, and users are prohibited from posting any material of an obscene nature on the Life27.com website. Although Life27 exercises due diligence to ensure that any obscene content posted by users in violation of the TOS is promptly removed, users may sometimes come across user-posted obscene content that Life27 have not yet discovered. Users shall make best endeavors to make Life27 aware of such obscene/objectionable content that they come across while using the service.
- You understand and acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Life27, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Life27 does not control all the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Life27 or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, 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 or otherwise transmitted via the Services.
- You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
b. harm minors in any way;
c. impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a Life27 official, forum leader, guide or host;
d. forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as, but not limited to, shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise make available or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or to utilize the service on an AS IS basis as provided by us;
j.interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities , any rules of any Indian securities exchange and any regulations having the force of law;
l. "stalk" or otherwise harass another;
m. commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise
n. collect or store personal data about any other users in connection with the prohibited conduct and activities set forth in paragraphs a. through m above.
- You acknowledge that Life27 does not and cannot pre-screen Content, but that Life27 and its designees shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via the Services. Without limiting the foregoing, Life27 and its designees shall have the right to remove any Content that we believe in good faith violates the TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any damage or loss arising from such removal. You agree that you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Life27 or submitted to Life27, including without limitation information in all other parts of the Services.
- You acknowledge and agree that Life27 may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Life27, its users and the public.
- You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.
- You acknowledge and agree that use of the Services may also result in interstate, intercountry data transmissions.
- The Services, at Life27's discretion, may be accessed or made available through or via various mediums or devices now known or hereafter developed, including but not limited to the World Wide Web, mobile telephone or communications services (such as SMS (Short Message Service)), and/or other Internet or telecommunications services or protocols (such as WAP (Wireless Application Protocol)) (collectively, the "Channels").
- Recognizing the global nature of the Internet, you agree to comply with all applicable laws, statutes, regulations, rules and codes regarding online conduct and acceptable Content and use of relevant Channels.
- Life27 does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Life27 the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1)With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Services the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services solely for the purpose for which such Content was submitted or made available.
2)With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service , the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Life27 through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Life27 is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Life27 shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Life27 may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Life27 without any obligation of Life27 to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Life27 under any circumstances.
- You agree to indemnify and hold Life27, and our licensors, suppliers, vendors, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit or make available through the Services, your use of the Services, your connection to the Services, your use of any Channels, your violation of the Terms, or your violation of any rights of any other person, or your breach of any applicable law.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
- You acknowledge that Life27 may, in its sole discretion, establish general practices and limits concerning use of the Services. You further acknowledge that Life27 reserves the right to modify these general practices and limits at any time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.
- You agree that Life27, in its sole discretion, may terminate your password, account (or any part thereof) or use of any of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Life27, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of the TOS or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Life27 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Life27 shall not be liable to you or any third-party for any termination of your access to the Services.
- Life27 and third-parties may provide links to other websites or resources on Life27 Services. Life27 has no control over those websites and resources. Life27 is not responsible or liable over any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Life27 shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
- You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part.
Life27 grants you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Life27 for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your accessing or use of the service is at your sole risk. The Services is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b.Life27 and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that
(i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) The service will be accessible at any time or at all times via the channel selected or used by you,
(iv) The information, content or advertisements (collectively, the "materials") contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable,
(v) The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service ("the products") will meet your expectations
(vi) Any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
d. Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service or materials. The materials are provided or made available by us on an 'as is' basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.
e. No advice or information, whether oral or written, obtained by you from Life27 or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the Services shall create any warranty not expressly stated in the Terms.
- LIMITATION OF LIABILITY
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:
(i) The service, the materials and the products;
(ii) The use or the inability to use the service;
(iii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iv)Unauthorized access to or alteration of your transmissions or data;
(v) Statements or conduct of any third party on the service;
(vi) Any goods or services disposed of or messages sent or received using the service; or
(vii) Any other matter relating to the service, the materials or the products.
- You acknowledge that the disclaimers and exclusions of liability set forth in points 36 and 37 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, you further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
- You agree that, except as otherwise expressly provided in this Universal Terms of Use, there shall be no third-party beneficiaries to this agreement.
- The Universal Terms and the relationship between You and Life27 shall be governed by the laws of the Republic of India. The Courts of law at Kolkata shall have exclusive jurisdiction over any disputes arising.
- The failure of Life27 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- You agree that your account on Life27 is non-transferrable.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- The Universal Terms do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Services which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
- Services may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavour, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services, advertisers and other users of the Service), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.
- The point titles in the Terms are for convenience only and have no legal or contractual effect.