These Terms of Use are effective on August 2021.
1. INTRODUCTION AND ACCEPTANCE
These “Terms of Use” apply to the Websites
controlled by Creativity Innovations and/or its subsidiary and affiliated
entities where these Terms of Use are posted. “Websites” include
sites hosted by one or more web servers (however accessed and/or used, whether
via personal computers, mobile devices or otherwise (collectively, “Computer”))
and other interactive features, applications or downloads that are operated by
us and that are available through, or interact with, Websites where these Terms
of Use are posted.
PLEASE GO THROUGH THESE TERMS OF USE AND OTHER
ADDITIONAL TERMS (DEFINED BELOW) CAREFULLY BEFORE ACCESSING THE WEBSITE, AS
THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING AND/OR USING
THE WEBSITES (OTHER THAN TO READ THESE TERMS OF USE), YOU UNDERSTAND AND AGREE
TO OBEY WITH THESE TERMS OF USE, WHICH MAY CHANGE AT ANY POINT OF TIME.
THESE TERMS OF USE WANTS YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING
TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES,
WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND
OBLIGATIONS TO YOU. READ THEM CAREFULLY
2. INTELLECTUAL PROPERTY
Unless otherwise explicitly specified, the Websites
(including past, present and future versions) and included content (and any
derivative works or enhancements of the same), including, but not limited to,
all layout, text, illustrations, instructions, files, images, designs, software,
scripts, graphics, photos, sounds, music, videos, information, advertising
copy, content, materials, products, services, URLs, technology, documentation,
interactive features, the "look and feel" of the Websites, the
compilation, assembly and arrangement of the materials of the Websites and any
and all copyrightable material (including source and object code),
(collectively, the "Website Content") and all intellectual property
rights to the same are owned or controlled by us, our licensors, or both.
Additionally, all trademarks, service marks, trade names, trade identities and
trade dress that may appear on the Websites are owned by us, our licensors, or
both. Except for the limited use rights granted to you in these Terms of
Use, you shall not acquire any right, title or interest in the Websites or any
Website Content. Any rights not expressly granted in these Terms of Use are
expressly reserved.
You agree that these Terms of Use are supported by
good and valuable consideration the receipt and sufficiency of which you hereby
acknowledge. Such consideration includes, without limitation, your use of
the Websites and the materials and information available on the same and the
possibility of publication or publicity of your User Content.
There may be times when we offer a special feature that has its own terms and
conditions that apply in addition to these Terms of Use. In those cases, the
terms specific to the special feature control to the extent there is a conflict
with these Terms of Use.
3. Basic
Terms
- In
order to use this application use should be at least 13 years old.
- This
is meant for entertainment purpose only. Our main objective is to publish
latest updates of Hollywood, Bollywood, movie Reviews, Celebrities
biography, Music Reviews, Box office Reviews & Report, Television
& Web Series Reviews, south Movies Reviews and others entertaining
gossip news from across the world.
- Anything
that promotes nudity, sex, any particular caste or religion, pornography
or sexually suggestive material will not be entertained.
- You
are not allowed to abuse any people or entities and you must not post any
confidential or secret information via the Service. You are not authorized
to share the Service for any unauthorized or improper purpose. You agree
to abide by with all regulations (for example, federal, state, local and
provincial) applicable to your use of the Service and your Content
(defined below), including but not limited to, copyright laws.
- You
are not allowed to change, edit, adapt or alter the Service or change,
edit or alter any other third party website(s) so as to falsely imply that
it is related with the Service or you are solely responsible.
- Sending
or creating, unwanted email, comments, Rating or other forms of commercial
or harassing communications to other users are strictly prohibited.
- You
are not allowed to interrupt the Service or servers or networks connected
to the Service by transmitting any worms, viruses, spyware, malware or any
other code of a destructive or disruptive nature.
- You
are not allowed to use an automated device, script, bot, spider, crawler
or scraper while using this service.
- You
must not encourage or facilitate violations of these Terms of Use or any
other terms.
- If
you violate these Terms of Use then proper actions will be taken for that
from our end.
4. MOBILE
The
Websites may include certain features and services that may be available via
your mobile phone, including, without limitation: (a) the ability to upload to
the Websites via your mobile phone (Mobile Uploads), (b) the ability to receive
and reply to messages and to send content and messages using text messaging
(Mobile Texts), and (c) the ability to access the Websites from your mobile
phone (Mobile Web) (collectively, the "Mobile Services"). We
typically do not charge for Mobile Services. Your carrier’s normal
messaging, data and other rates and fees will, however, still apply. Your
carrier may prohibit or restrict certain Mobile Services and certain Mobile
Services may be incompatible with your carrier or mobile device. You
should check with your carrier to find out what plans are available and how
much they cost. By using the Mobile Services you agree that we may
communicate with you regarding the Website and our partners through email.
5.
INDEMNIFICATION
Any all
claims, liabilities, losses, damages, obligations, costs and expenses
(including reasonable attorneys’ fees and costs) arising out of, related to, or
that may arise in connection with: (i) Your access to or use of the Websites;
(ii) Any actual or alleged violation or breach by you of these Terms of Use or
applicable Additional Terms; (iii) Your acts or omissions, you agree to defend,
indemnify and hold us harmless. You agree to cooperate fully with us in the
defense of any claim that is the subject of your obligations hereunder.
6. Arbitration
Except if you opt-out or for disputes relating to:
(1) your or SunGroupMiềnNam.com
intellectual property (such as trademarks, trade dress, domain names, trade
secrets, copyrights and patents); or (2) violations of provisions of the Basic
Terms, above ("Excluded Disputes"), you agree that all disputes
between you and SunGroupMiềnNam.com.
(whether or not such dispute involves a third party) with regard to your
relationship with SunGroupMiềnNam.com,
including without limitation disputes related to these Terms of Use, your use
of the Service, and/or rights of privacy and/or publicity, will be resolved by
binding, individual arbitration.
7.
TERMINATION
(A) In
our sole discretion and at any time we reserve the right to terminate or
suspend your newsletter subscription and stop sending you newsletters for any
reason, including, without limitation, if you have failed to comply with the
letter and spirit of these Terms of Use or applicable Additional Terms.
You agree that we shall not be liable to you or any third party for any
termination or suspension of your newsletter subscription or for blocking your
access to the Websites.
(B) Any suspension or termination shall not
affect your obligations to us under these Terms of Use. The provisions of
these Terms of Use which by their nature should survive the suspension or
termination of your Membership or these Terms of Use shall survive, including,
but not limited to, the rights and licenses that you have granted hereunder,
indemnities, releases, disclaimers, limitations on liability, provisions
related to choice of law, dispute resolution, no class action, no trial by jury
and all of the miscellaneous provisions. Upon suspension or termination
you agree that you will immediately discontinue use of the Website Content and
destroy any copies of Website Content in your possession, including deleting
any downloaded Website Content from your Computer.
8. Territorial Restrictions
The information provided within the Service is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject SunGroupMiềnNam.com to any registration requirement within such jurisdiction or country. We
reserve the right to limit the availability of the Service or any portion of
the Service, to any person, geographic area, or jurisdiction, at any time and
in our sole discretion, and to limit the quantities of any content, program,
product, service or other feature that SunGroupMiềnNam.com provides.
9.
COPYRIGHT POLICY
The contents posted in SunGroupMiềnNam.com are SunGroupMiềnNam.com’s property. You are not allowed to use these contents for your
commercial purpose. However, you can distribute the content of SunGroupMiềnNam.com in online blogs and websites. However, for that
you have to mention the link of the contents source file of SunGroupMiềnNam.com and also you have to give the credits to SunGroupMiềnNam.com with URL or link.
10.
LIMITATION ON LIABILITY
(A) UNDER
NO CIRCUMSTANCES SHALL Creativity Innovations OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS,
AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE RESPONSIBLE OR LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC,
PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FORSEEABLE OR IF SCRIPPS NETWORKS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, ARISING OUT OF, RELATING
TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE OR APPLICABLE
ADDITIONAL TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES,
INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE
WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
WEBSITES OR ANY LINKS ON THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A
THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITES.
(B)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL
THE CUMULATIVE LIABILITY OF SCRIPPS NETWORKS AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS,
AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE
TOTAL PAYMENTS RECEIVED FROM YOU BY SCRIPPS NETWORKS DURING THE PRECEDING
TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE
WEBSITES, THESE TERMS OF USE OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION
SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions limitations of liability or of warranties are not
permitted. In such jurisdictions, some of the foregoing limitations may
not apply to you. These limitations shall apply to the fullest extent permitted
by law.
11.
DISPUTE RESOLUTION; BINDING ARBITRATION
In the
Dispute Resolution Section only, "we" and "us" are used to
refer to you and Creativity Innovations
(A) We
each agree to first contact each other with any Disputes (defined below) and
provide a written description of the problem and the proposed resolution.
You agree to contact us with Disputes by contacting us at our email id.
We will contact you based on the contact information you have provided us.
(B) We
each agree to finally settle all Disputes (as defined and subject to any
specific exceptions below) only by arbitration. In arbitration, there’s
no judge or jury and review is limited. However, just as a court would,
the arbitrator must honor the terms and limitations in the Terms of Use and can
award the prevailing party (ies) damages and relief. The arbitrator’s
decision and award is final and binding, with some exceptions under the Federal
Arbitration Act ("FAA"), and
judgment on the award may be entered in any court with jurisdiction. We each
also agree as follows:
(i)
"Disputes" are any claims or controversies against each other related
in any way to the Websites, Website Content or these Terms of Use - this
includes claims you bring against our employees, agents, affiliates or other
representatives, and claims Creativity And Innovations may bring against you;
provided, however, that any issues relating to Creativity And Innovations '
intellectual property rights, including any such rights Creativity And
Innovations claims that may be in dispute, shall only be subject to arbitration
if Creativity And Innovations’ General Counsel agrees in writing to have such
subject to arbitration.
(ii)
If either of us wants to arbitrate a Dispute, we agree to send written notice
to the other providing a description of the Dispute and the proposed
resolution. We will send notice to you
based on the contact information you have provided us and notice to us must be
sent to our Email id we agree to make attempts to resolve the Dispute.
(iii)
The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state
law, govern all questions of whether a Dispute is subject to arbitration.
