The shramikcard.in website (“Site”) and related services are provided by SPDJ Media, subject to your agreement to the terms and conditions set forth below.
Please read these Terms of Use carefully before using the Site or Services. By using the Site or Services in any manner, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site or Services.
We may periodically change the Terms of Use, so please check back from time to time. Your continued use of the Site or Services after we make any such changes constitutes your binding acceptance of those changes.
Use of Site and Services; User Eligibility
The Site and Services are intended for users who are at least 18 years of age. If you are under 18, you may not, under any circumstances or for any reason, use the Site or Services. We may, in our sole discretion, refuse to offer the Site or Services to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Site and Services is revoked where these Terms of Use or use of the Site or Services is prohibited or to the extent offering, sale or provision of the Site or Services conflicts with any applicable law, rule or regulation. Further, the Site and Services are offered only for your use, and not for the use or benefit of any third party.
No right, title or interest in or to the Site or Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Content and User Submissions
The Site and Services may include content provided by us, as well as content provided by third parties. All content on the Site and Services, including any third party content, is protected by copyright, trademark, patent, trade secret and other laws, and we own and retain all rights in the content on the Site and Services. Except as expressly provided in these Terms of Use, no one may copy, modify, post, publish, transmit, display, perform, reproduce, record, reverse engineer, decompile, disassemble, prepare derivative works, distribute, license, lease, sell or offer for sale or exploit in any way, in whole or in part, the Site, Services or any content on the Site or Services.
We reserve the right to remove any content on the Site or Services at any time, for any reason or no reason, including content that we believe violates these Terms of Use or our policies. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site or Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement can be reached as follows:
By mail:
SPDJ Media
Attention: Copyright Agent
By phone:
+917506XXXXXX
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first class mail or pre-paid post to a user’s address in our records.
User Submissions
The Site and Services may enable you to post content, including but not limited to photos, videos, comments, blogs, reviews and other materials (“User Submissions”).
You retain all ownership rights in your User Submissions. However, by making a User Submission, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable right and license (with the right to sublicense) to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute your User Submissions, in any media now known or hereafter developed, (ii) use your name, likeness and voice in connection with your User Submissions in any media now known or hereafter developed, and (iii) use your User Submissions to advertise, market and promote the Site and Services.
You are solely responsible for your User Submissions and the consequences of posting or publishing them. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
By making a User Submission, you represent and warrant to us that:
You own all right, title and interest in and to your User Submissions, or you have all necessary licenses, rights, consents and permissions to make a User Submission and to grant the rights to us that you grant in these Terms of Use;
Your User Submissions are accurate and not misleading;
Your User Submissions do not and will not violate, misappropriate or infringe any intellectual property right or other proprietary right, including but not limited to, trademarks, copyrights, rights of publicity or privacy, or any other intellectual property or proprietary rights;
Your User Submissions do not and will not violate any law or regulation;
Your User Submissions do not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
You will not post any spam or unsolicited promotional content; and
You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
We have the right, but not the obligation, to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any User Submission posted by you or any third party.
Links to Third-Party Websites
The Site or Services may contain links to websites or resources of third parties (“Third Party Websites”). Such links are provided solely as a convenience to you. We have no control over Third Party Websites or the content, products or services available on them. We do not endorse or make any representations about Third Party Websites. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Website.
Prohibited Uses
The Site and Services are for your personal, non-commercial use only. You may not use the Site or Services for any other purpose, or in connection with any other website, content, product or service.
In addition, when using the Site or Services, you agree not to:
Violate any law, rule or regulation;
Violate, infringe or misappropriate any intellectual property right or proprietary right, including but not limited to, trademarks, copyrights, rights of publicity or privacy, or any other intellectual property or proprietary rights;
Interfere with or damage the Site, Services or any content on the Site or Services;
Post any spam or unsolicited promotional content;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Collect, use or disclose any personal information about other users of the Site or Services without their express prior written consent;
Engage in any activity that could damage, disable, overburden, or impair the Site or Services; or
Attempt to gain unauthorized access to any portion of the Site or Services, other user accounts, or any other computer systems or networks connected to the Site or Services.
We reserve the right, but have no obligation, to investigate or take appropriate action against anyone who violates these Terms of Use, including removing the offending communication from the Site or Services and terminating or suspending the account of such violators.
Termination
We may terminate these Terms of Use or your access to the Site or Services at any time, for any reason or no reason. Upon any such termination, your right to use the Site or Services will immediately cease.
We may also terminate or suspend your account at any time, for any reason or no reason. Upon any such termination or suspension, you will no longer have access to your account.
Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE 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, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE; OR (D) WILL OTHERWISE BE MEETING YOUR NEEDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Indemnification
You will indemnify, defend and hold harmless us and our affiliates, officers, directors, agents, partners and employees from and against any claim, demand, loss, damage, cost or liability, including reasonable attorneys’ fees and expenses, arising out of or in connection with:
Your use of the Site or Services;
Any User Submission you make on the Site or Services;
Your violation of these Terms of Use; or
Your violation of any rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to fully cooperate with us in the defense of such claim.
Modifications to Site and Services
We reserve the right to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services.
Governing Law; Arbitration
These Terms of Use will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to its conflict of laws principles.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR SERVICES, INCLUDING THE VALIDITY, INTERPRETATION, BREACH OR TERMINATION THEREOF, WILL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE ARBITRATION WILL BE CONDUCTED IN NEW YORK, NEW YORK, BEFORE ONE ARBITRATOR. THE PARTIES HEREBY WAIVE ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY WILL HAVE THE RIGHT TO PURSUE IN COURT, BEFORE A JUDGE, ANY CLAIMS THAT ARE EXCLUDED FROM THE ARBITRATION OBLIGATION SET FORTH IN THIS SECTION, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF.
ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE, OR BE FOREVER BARRED.
BY AGREEING TO ARBITRATE, THE PARTIES UNDERSTAND
