LAST UPDATED: July 15, 2023
These Terms of Service (the "Terms") are a legal agreement between you and Vanisle Technologies Private Limited and its affiliates, including without limitation. (Collectively, "Vanisle Technologies Private Limited", "we", "our", "us") governing your access to and use of the websites, digital platforms, our mobile and other software applications (each, an "app"), and any other online services that display or provide an authorized link to these Terms (collectively, our "Services").
Please read the Terms carefully before using the Services. You may wish to print a copy of these Terms or save them to your device for future reference. Your use of the Services indicates your acceptance and agreement to be bound by the Terms. Do not use the Services if you do not accept the Terms. We may modify the Services or the Terms at any time, for example, to reflect changes in laws or regulatory requirements. Any use of the Services by you after we post modifications to the Terms constitutes your acceptance of those modifications.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
3. User SubmissionsCertain areas of the Services may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide ("provide") information to us or other persons. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including without limitation information, audio recordings, videos, photographs, documents, or other materials ("User Content"). You agree not to provide User Content that:
We also, to the extent permitted or required by law, have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, state, national, or international law.
The Services may also offer opportunities for you to transmit User Content via third-party social networking websites and products ("Third Party Social Networking Features"). Any use of Third Party Social Networking Features is subject to the then-current terms of use of the applicable third-party website or product and not these Terms unless you are notified otherwise, in which case the terms and conditions outlined in such notification will apply. If the Services permit you to provide us User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content to the extent permitted by applicable law. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
By providing your User Content to us, you agree to these Terms. If you do not want to permit us to use your User Content under these Terms, please do not provide it to us on our Services.
We are not obligated to publish or use your User Content. The posting or publishing of any User Content or Vanisle Technologies Private Limited Content (as defined in Section 6) is not in any way intended to state, suggest, or imply endorsement by VANISLE TECHNOLOGIES PRIVATE LIMITED, including as to the truth, validity, or reliability of the User Content or VANISLE TECHNOLOGIES PRIVATE LIMITED Content. VANISLE TECHNOLOGIES PRIVATE LIMITED is not responsible for any User Content or VANISLE TECHNOLOGIES PRIVATE LIMITED Content and has no duty to monitor the User Content, or VANISLE TECHNOLOGIES PRIVATE LIMITED Content posted on the Services. You use any information contained in User Content or VANISLE TECHNOLOGIES PRIVATE LIMITED Content at your own risk. VANISLE TECHNOLOGIES PRIVATE LIMITED and its designees have the right, but not the obligation, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any User Content on the Services, or these Terms. You shall not continue to post any User Content that we have previously advised you not to post.
You acknowledge that by submitting your User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and VANISLE TECHNOLOGIES PRIVATE LIMITED or between you and any of VANISLE TECHNOLOGIES PRIVATE LIMITED's third-party providers other than as expressly outlined in these Terms. You acknowledge that VANISLE TECHNOLOGIES PRIVATE LIMITED is not responsible or liable for, and cannot and does not guarantee, the accuracy, completeness, or reliability of the information in any User Content. You are solely responsible for your interactions with other users of the Services. You may use various features (e.g., within the comments sections) to report violators within the User Content. We reserve the right but have no obligation, to monitor disputes between you and other users. Display of any User Content in any Service does not constitute approval or endorsement by VANISLE TECHNOLOGIES PRIVATE LIMITED.
The Services may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Services applicable to the balloting, contest, or sweepstakes, as well as to the terms outlined in these Terms.
If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for their User Content and any legal liability that they may incur.
All content, information, computer code, software, and any other materials that are part of the Services other than your User Content (collectively, the "VANISLE TECHNOLOGIES PRIVATE LIMITED Content") is the property of VANISLE TECHNOLOGIES PRIVATE LIMITED or third parties. You may access, use, and display the Services and print copies of the VANISLE TECHNOLOGIES PRIVATE LIMITED Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
You must not establish a link to our Services on any website that requires registration in connection with content from our Services or that otherwise collects personal information in connection with content from our Services. Prohibited commercial uses do not include using embedded VANISLE TECHNOLOGIES PRIVATE LIMITED Content to show videos on an ad-enabled blog or fan website, provided the embedded VANISLE TECHNOLOGIES PRIVATE LIMITED Content is not used to gain advertising revenue or compete with the Services.
5. Modular ContentVANISLE TECHNOLOGIES PRIVATE LIMITED may provide certain content, which includes graphics, text, audio, video, photographs, news, scores, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a web site or other online, cable, wireless, or other service other than the Services ("Modular Content"). To the extent that VANISLE TECHNOLOGIES PRIVATE LIMITED makes Modular Content available, you agree to use it responsibly and consistent with these Terms and any other rules or restrictions provided to you in connection with the Modular Content.
By using Modular Content or incorporating it within or associating it with a web site or other online, cable, wireless, or other service other than the Services, you agree not to: (1) obscure VANISLE TECHNOLOGIES PRIVATE LIMITED's branding of the Modular Content, assert or imply ownership or authorship of the Modular Content, or facilitate another party's assertion or implication of ownership or authorship of the Modular Content; (2) excerpt or edit the Modular Content, except as specifically permitted by VANISLE TECHNOLOGIES PRIVATE LIMITED; or (3) publish, place, or utilize the Modular Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.
Although VANISLE TECHNOLOGIES PRIVATE LIMITED is under no obligation to do so and assumes no responsibility or liability arising from any use of Modular Content, VANISLE TECHNOLOGIES PRIVATE LIMITED may monitor the websites or other online, cable, wireless, or other services with which Modular Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Modular Content from any web site or other online, cable, wireless, or other service if VANISLE TECHNOLOGIES PRIVATE LIMITED or its agent requests that you do so and that you will maintain the ability to remove Modular Content from any website or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that VANISLE TECHNOLOGIES PRIVATE LIMITED has the exclusive discretion to direct that the Modular Content be removed from websites or other online, cable, wireless, or other services at any time and for any reason, including but not limited to the prohibited uses of Modular Content described above; that VANISLE TECHNOLOGIES PRIVATE LIMITED may implement and use protections to limit the web sites or other online, cable, wireless, or other services in conjunction with which Modular Content may be used or the manner in which Modular Content may be used; and that VANISLE TECHNOLOGIES PRIVATE LIMITED may not specifically advise you of the existence or nature of these protections.
VANISLE TECHNOLOGIES PRIVATE LIMITED provides Modular Content, if at all, voluntarily. VANISLE TECHNOLOGIES PRIVATE LIMITED expressly disclaims any obligation to provide or update Modular Content, to maintain its availability, or to ensure its accuracy.
By viewing or using Modular Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD VANISLE TECHNOLOGIES PRIVATE LIMITED HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF MODULAR CONTENT consistent with the terms of Section 15 of these Terms.
Notwithstanding any statement to the contrary by VANISLE TECHNOLOGIES PRIVATE LIMITED or by you or any third party, your use of Modular Content creates no fiduciary or contractual relationship between you and VANISLE TECHNOLOGIES PRIVATE LIMITED, or between VANISLE TECHNOLOGIES PRIVATE LIMITED and any third party, other than under these Terms.
VANISLE TECHNOLOGIES PRIVATE LIMITED may also provide downloadable content (DLC) such as PC backgrounds, phone backgrounds, or promotional codes for special offers. These are for single use only and cannot be distributed online.
The Mobile Services and/or other areas of the Services may provide mobile alerts and other mobile entertainment content, such as news, scores, videos, and other information or data via SMS, MMS, WAP, BREW, and other means of mobile content delivery to certain compatible mobile devices (the "Mobile Service"). You acknowledge and agree that the Mobile Service is for your personal use and may be used only on your mobile device ("Mobile Device"). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to any mobile alert (a "Mobile Alert"). You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Site and is therefore subject to the other provisions of these Terms. In addition, on Service pages where the Mobile Service (including any Mobile Alert) is offered, VANISLE TECHNOLOGIES PRIVATE LIMITED may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.
To use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a "Carrier"), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with VANISLE TECHNOLOGIES PRIVATE LIMITED's operations. Any equipment or software causing interference with VANISLE TECHNOLOGIES PRIVATE LIMITED's operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by VANISLE TECHNOLOGIES PRIVATE LIMITED. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.
When you agree to receive text messages, you also consent to the use of an electronic record to document your agreement. To stop receiving text messages from a VANISLE TECHNOLOGIES PRIVATE LIMITED text message program, simply text STOP to the shortcode provided in the text messages that you no longer wish to receive. To view and retain a copy of this disclosure or any information regarding your enrolment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device.
By signing up to receive texts, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent, legal guardian, or account holder to sign up for text messages and to fulfill the obligations and agree to the terms outlined in these Terms,
which forms a binding agreement between you and us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.
To stop receiving text messages from a specific VANISLE TECHNOLOGIES PRIVATE LIMITED text message program, simply text STOP to the shortcode provided in the text messages that you no longer wish to receive. After doing so, you will receive confirmation of your opt-out via text message. If you have signed up for more than one VANISLE TECHNOLOGIES PRIVATE LIMITED text message program, you will need to text STOP to the shortcode provided for each program from which you no longer wish to receive text messages.
To request more information, simply text HELP to the short code provided in the VANISLE TECHNOLOGIES PRIVATE LIMITED text message program about which you have questions.
The number of text messages you receive from a VANISLE TECHNOLOGIES PRIVATE LIMITED text message program may vary significantly, depending in part on the specific text message program for which you sign up. Details regarding the type and frequency of text messages are included in the description of each VANISLE TECHNOLOGIES PRIVATE LIMITED text message program.
Content is not available on all carriers and carrier participation could change. Consult with your carrier to see if it participates in a particular text message program. The content is not compatible with all mobile phone models. VANISLE TECHNOLOGIES PRIVATE LIMITED will not be liable for any delays in the receipt of any text messages or changes to participating carriers, as delivery is subject to effective transmission from your carrier with active participation at that time.
VANISLE TECHNOLOGIES PRIVATE LIMITED or its vendor may use Firebase, Apple's iOS or Google's Android technology to send the text messages described above to the mobile phone number you supply when you request to receive the text messages
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be "framed" to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website to which you are linking must comply in all respects with the User Content standards described in Section 3 of these Terms.
8. Change or TerminationVANISLE TECHNOLOGIES PRIVATE LIMITED may change or terminate these Terms for any reason at any time, for example, to reflect changes in laws or regulatory requirements. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. VANISLE TECHNOLOGIES PRIVATE LIMITED also reserves the right to modify the price of any Services or any other products offered via the Services. VANISLE TECHNOLOGIES PRIVATE LIMITED is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Any offer to sell any Services or any other products offered via the Services may be discontinued at any time in VANISLE TECHNOLOGIES PRIVATE LIMITED's sole discretion.
Otherwise applicable sections of these Terms shall survive termination. VANISLE TECHNOLOGIES PRIVATE LIMITED also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the VANISLE TECHNOLOGIES PRIVATE LIMITED Content, and destroy all materials obtained from it.
By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy (the "Privacy Policy"). You agree (i) to provide accurate, current, and complete information about yourself as may be prompted by any registration or other forms (collectively, "Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to VANISLE TECHNOLOGIES PRIVATE LIMITED; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account. In no event will VANISLE TECHNOLOGIES PRIVATE LIMITED be liable for the unauthorized use or misuse of your username and/or password.
10. Links and Third-Party ContentThe Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by VANISLE TECHNOLOGIES PRIVATE LIMITED. Such links do not constitute an endorsement by VANISLE TECHNOLOGIES PRIVATE LIMITED of those other websites or online services, the content displayed therein, or the persons associated therewith. These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.
We may incorporate third-party services, software, technology, data, and/or other content (collectively, "Third Party Materials") either independently or in connection with various programs, features, or functions available through the Services. Your use of Third Party Materials may be subject to terms of use other than these Terms and as may be set forth by third-party providers, as applicable. You agree and acknowledge that VANISLE TECHNOLOGIES PRIVATE LIMITED assumes no liability concerning your use of such Third Party Materials whether you are aware of their use or not and whether or not the use of such Third Party Materials is endorsed or recommended by VANISLE TECHNOLOGIES PRIVATE LIMITED.
Your correspondence or business dealings with, or participation in promotions of, third-party advertisers and vendors found on or through the Services, 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 advertiser and/or vendor. You agree that VANISLE TECHNOLOGIES PRIVATE LIMITED shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors in connection with the Services. All of your business dealings with third-party vendors and advertisers in connection with the Services shall be at your sole risk.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR CONCERNING ANY WEBSITES OR SERVICES LINKED TO THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY VANISLE TECHNOLOGIES PRIVATE LIMITED. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS OUTLINED IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE VANISLE TECHNOLOGIES PRIVATE LIMITED CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. VANISLE TECHNOLOGIES PRIVATE LIMITED DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY VANISLE TECHNOLOGIES PRIVATE LIMITED CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR VANISLE TECHNOLOGIES PRIVATE LIMITED CONTENT. VANISLE TECHNOLOGIES PRIVATE LIMITED MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF INDIA. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF VANISLE TECHNOLOGIES PRIVATE LIMITED SHALL CREATE ANY WARRANTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Exclusive Remedy and Limitation of LiabilityUNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL VANISLE TECHNOLOGIES PRIVATE LIMITED , ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY VANISLE TECHNOLOGIES PRIVATE LIMITED CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF VANISLE TECHNOLOGIES PRIVATE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, VANISLE TECHNOLOGIES PRIVATE LIMITED 'S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SERVICES.
You agree to indemnify, hold harmless, and defend VANISLE TECHNOLOGIES PRIVATE LIMITED , its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services (including the Subscription Services), and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable legal fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your User Content and your use of any VANISLE TECHNOLOGIES PRIVATE LIMITED Content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of VANISLE TECHNOLOGIES PRIVATE LIMITED. These obligations will survive any termination of these Terms.
14. Integration and Severability and AmendmentThese Terms constitute the entire agreement between VANISLE TECHNOLOGIES PRIVATE LIMITED and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. VANISLE TECHNOLOGIES PRIVATE LIMITED in its sole discretion may amend these Terms, in which case we will post the amended Terms within the Services. Your use of the Services after such amended Terms are posted will constitute acceptance of them by you. VANISLE TECHNOLOGIES PRIVATE LIMITED may be required to notify you of certain events concerning the Services and your use thereof, and your use of the Services constitutes acceptance that such notices will be effective upon our posting them on the applicable Services or, if we elect in our sole discretion, emailing you at an address you have provided to us.
15. No WaiverOur failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act concerning similar breaches.
16. Assignment and Binding EffectsYou may not assign these Terms or any rights or obligations herein without the prior written consent of VANISLE TECHNOLOGIES PRIVATE LIMITED and any attempted assignment in contravention of this provision is null and void and of no force or effect. VANISLE TECHNOLOGIES PRIVATE LIMITED has the right to assign these Terms and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
17. Separate Terms and ConditionsIn connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
18. Acceptance of Terms of UseBY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. If you do not agree to these Terms, you must not use any of the Services. VANISLE TECHNOLOGIES PRIVATE LIMITED may change the terms of this Agreement at any time, and your use of Services after such change is posted will mean that you accept such change.
19. Contact InformationPlease direct any questions, complaints, or claims related to the Services or your use of the Services to info@vanisletech.net and select "Terms of Service" as the subject line.
For requests to use a copyrighted work or trade or service mark right, please go to Vanisle Technologies Private Limited and select "Trademark and Copyright Requests" as the subject line.