Terms of Service
Please read this Jai Bheem end-user license agreement (hereinafter referred to as the “agreement”) carefully before using or trying to attempt to use this Jai Bheem App (hereinafter referred to as the “software”).
By using this software or by accepting our software usage agreement policy or attempting to load the software in any way, (such action will constitute a symbol of your consent and signature), you acknowledge and admit that you have read, understood and agreed to all the terms and conditions of this agreement. This agreement once accepted by “you” [as an individual (assuming you are having legal capacity to enter into an agreement), or the company or any legal entity that will be using the software (hereinafter referred to as 'you' or 'your' for the sake of brevity)] shall be a legally enforceable agreement between you and Lokuttara Productions Private Limited, Mumbai, India (hereinafter referred to as “Jai Bheem”). You shall have the rights to use the software for your own use subject to the terms and conditions mentioned in this agreement or as amended by Jai Bheem from time to time. If you do not agree to all the terms and conditions below, do not use this software in any way and promptly return it or delete all the copies of this software in your possession.
In consideration of payment of the License Fee, evidenced by the Payment Receipt, Jai Bheem grants You, a non-exclusive and non-transferable right for your own use only. Jai Bheem reserves all rights not expressly granted, and retains the Intellectual Property Rights, Proprietary Rights, title and ownership of the software, including all subsequent copies in any media. This software and the enclosed documents are the property of Jai Bheem and are copyrighted. Copying of the software or the enclosed documents is expressly forbidden.
License Fees (if any) paid to Jai Bheem is considered only towards a non-exclusive and non-transferable right to use “Jai Bheem” Software. Other add-on applications such as “Updates”, “Upgrades” are provided free of cost.
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License period means the period as more particularly described in this Agreement.
Device means the personal digital assistants, devices, smartphones, handheld devices, or other electronic devices for which the software is specifically designed (for which, system requirements have been described particularly in the user manual or on our website www.theJai Bheem.com) on which the software will be installed and/or used.
Normal working hours shall mean 09:30 a.m. to 6:30 p.m. India Standard Time (IST) on working days and "Working Days" means Mondays to Fridays inclusive, but excluding bank and public holidays in India.
Support means the Technical Assistance in order to use the software, provided by Jai Bheem, which may or may not be chargeable to you. For more details, please refer to www.jaibheem.live.
Updates means collections of any or all virus definition files including detections and solutions for new viruses along with the corrections, improvements or modifications to the software.
Upgrades means any correction, improvement, modification or yearly enhancements in the form of the new version of the software, which Jai Bheem generally releases.
User Manual means the user guide, Help guide, and other documentation provided with the software, updated agreements provided on the website of Jai Bheem www.jaibheem.live, explanatory or other materials as provided from time to time by Jai Bheem.
You means the “End User” which means:
An individual (such an individual) installing/using/legally acquiring the right to use this software on his/her own behalf and every other person (whether authorized or not by such an individual) who uses/has the possession of the device on which the software is installed and activated; or
An organization (including but not limited to a partnership, joint venture, Limited Liability partnership, Limited Liability Company, Company of any nature, Trust, Governmental Authority, Unincorporated Organization, Association of Persons) or any person (such person) who have been authorized by such an organization to download, install, use the software, accept the Agreement on behalf of the organization and every other person (whether authorized or not by such person) who uses/has the possession of the Device on which the software is installed and activated.
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A. Permissible Activities:
Use one login of the software on a single user device.
Install the software on a device to record, edit and publish media compliant with your local information technology and intellectual property laws.
B. Prohibited Activities:
Emulate or adapt any portion of the software.
Sublicense, rent, or lease any portion of the software.
Try making an attempt to reveal/discover the source code of the software.
Debug, decompile, disassemble, modify, translate, or reverse engineer the software.
Create derivative works based on the software or any portion thereof with sole exception of a non-waivable right granted to you by any applicable legislation.
Remove or alter any copyright notices or other proprietary notices or statutory notices on any copies of the software.
Reduce any part of the software to human readable form.
Use the software in the creation of data or software used for detection, blocking or treating threats described in the user manual.
Use for unlicensed and illegal purpose.
Systematically retrieve data or other content from the application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Software, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disable, or otherwise interfere with security-related features of the Software, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Software and/or the Content contained therein.
Use a buying agent or purchasing agent to make purchases on the Software.
Engage in unauthorized framing of or linking to the Software.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Server or the networks or services connected to the Software.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Software in order to harass, abuse, or harm another person.
Not defame, harass, abuse, or disrupt other users of the Website
Use the Software as part of any effort to compete with us directly or indirectly by using the Software and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Software.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Software to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the software’s, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Attempt to bypass any measures of the Software designed to prevent or restrict access to the Software, or any portion of the Software.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Software and servers or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Servers.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Software, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Software.
Use the Software in a manner inconsistent with any applicable laws or regulations.
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Jai Bheem expressly disclaims any loss of data, loss of profits during such installation post the activation. If you face any difficulty, you may need to contact Jai Bheem support for help. Jai Bheem reserves the right to verify the validity/legality of the license and software.
You can activate the product through the Internet. You may also need to reactivate the product if you happen to re-install the product due to any reasons. There are technological measures in this product that are designed to prevent unlicensed or illegal use of the product. You agree that we may use those measures. You agree that the Jai Bheem software may use the measures that can control and prevent piracy of software.
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You are entitled to use this software from the date of purchase/license activation date till the end of the period for which the license is purchased.
You understand, agree, and accept that you are entitled for the updates via Internet and technical support via the telephone for the duration of the license period.
You agree and understand that any unauthorized usage of this software or breach of any or all terms and conditions stated in the Agreement shall result in automatic and immediate termination of this Agreement as granted hereunder. Further, this may result in criminal and/or civil action by Jai Bheem and/or its agents against you including but not limited to the right to block the key file/license key/product key without any prior intimation/notice to you. No refund will be paid to you in this regard.
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You agree, accept, and acknowledge:
That you are solely responsible for the configuration of the software, settings, and the actions or inactions that result from such actions and Jai Bheem shall not have and shall assume no liability/responsibility in any case and the Clause of Indemnification shall be applicable.
That Jai Bheem shall not have and shall assume no liability/responsibility for any data deletion, including but not limited to any deletion/loss of personal, and/or confidential data; and/or uninstallation of third-party apps; and/or change in settings; specifically authorized by you or occurs due to the actions, inactions (whether intentional or not) by you or any third party whom you have authorized to use, handle your device due to features of this software.
That to avail/use certain features of the software such as updates and upgrades, you may be required to incur certain costs and that Jai Bheem does not warrant that the usage of certain features of the software are free of cost and that Jai Bheem shall not entertain and expressly disclaims, any claim for reimbursement of any expenses including but not limited to any direct or incidental expenses arising out of your usage of such features of this software.
That you are solely responsible and shall comply with all applicable laws, regulations of India and any applicable foreign/trans-national laws including without limitation, privacy, data protection, obscenity, confidentiality, copyright laws for using any report, data, information derived as a result of using this software.
We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. We are not liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but have no obligation, to monitor interactions between and among users of the Website and to remove any content which deems objectionable, in our sole discretion.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
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Jai Bheem offers free technical support to assist you in the usage of this software, for example, Live Chat with technical support team. The technical support team may, at your discretion, take remote access of your device. The availing of this support will be solely at your discretion and you are solely responsible to take backup of the existing data/software/programs in your device before availing such a support and you are liable to bear all the direct, indirect, and consequential cost associated to it. Jai Bheem will not be held responsible for any loss of data, any kind of direct/indirect/consequential loss or damage to data/property arising during this entire process. If at any point of time the Technical Support team is of the opinion that it is beyond their scope, it will be the sole discretion of Jai Bheem to suspend, cease, terminate, or refuse such support as Jai Bheem does not claim any warranty and/or guarantee of any kind in providing the support feature.
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Once you register the software by registering your profile on the software, Jai Bheem may communicate with you on the contact information submitted during the registration process through email or any other electronic communication device.
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As a registered user, you are entitled to receive application updates and version upgrade as and when released free of cost towards removal of bugs and providing new features, subject to the terms and conditions mentioned herein.
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Jai Bheem software may collect the following information which may or may not contain any personally identifiable information either with or without your discretion/permission solely for statistical purpose or enhancing and evaluating the ability, effectiveness, and performance of Jai Bheem's product in identifying and/or detecting the malicious behavioral pattern, most subscribed content for advertisement purpose. The information may be provided to any interested advertisers who may contact you or their content may appear adjacent to any user created content.
Password entered by the end users during registration is not stored on Jai Bheem server. This information will not be correlated with any personally identifiable information except as herein stated and shall include, but not limited to:
Any type of information relating to the status of the software.
Any type of information that software deems potentially fraudulent, posing security risks/threats.
Content subscription data from user to user and from content categories.
Any type of information for identifying the Media Access Control (MAC) address of the device on which the software has been installed.
Any type of information for identifying the Internet Protocol (IP) address and information required for effective license administration and enhancing product functionality and usability.
You admit that the information/data as collected above can be used for analyzing, preventing and detecting the potential Internet security risks, publishing any type of data/reports/presentations on the trends collected, sharing the data to create awareness with any organisations, vendors
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You expressly understand, admit, agree, and warrant that in no event shall Jai Bheem and/or any of its directors, employees, agents, partners, distributors be liable from any and against all claims, expenses, suits, costs, demands, judgments whatsoever made by you and/or any third party for any direct, indirect, incidental, special, punitive, consequential and/or exemplary damages including, but not limited to damages for loss of business/profits, damages for loss of confidential/other information, failure to meet any statutory duty/duty of reasonable care/duty in good faith, economic/notional loss, loss for business interruption, goodwill, damage and loss of data or programs, or other intangible losses (even if Jai Bheem has been advised of the possibility of such damages), to the fullest extent permissible by law:
Arising due to your usage of this software;
Your negligence or inability of using the software or support; Any dispute between you and third party with respect to availing this software;
Your violation of any rights of any other individual and/or entity;
Your breach of the Agreement;
Your violation of any provisions under any laws/statutes/acts in India or abroad;
The failure of Jai Bheem to provide support service or any other service/information.
This limitation will apply to all causes of action whether arise in equity or tort, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentations and hereby release Jai Bheem and/or its directors, employees, agents, distributors from any and all obligations, liabilities in excess of the limitation stated herein.
In the event, Jai Bheem and/or its directors, agents, employees, distributors are found liable, you understand and accept that the liability of Jai Bheem and/or its directors, agents, employees, distributors shall be limited only up to and not exceed in any case the License Fee incurred by you in acquiring the software from Jai Bheem or its distributors/agents. This Clause shall survive the termination of this Agreement.
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Performance Warranty
This software provided by Jai Bheem is “AS IS” and “AS AVAILABLE” without warranty of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness, usage, performance, satisfactory quality, integration, applicability for a particular use and any other warranties are disclaimed to the fullest extent permissible pursuant to the applicable law.
Jai Bheem warrants that the Licensed Software, as delivered by Jai Bheem will conform to the descriptions in the user manual. However, Jai Bheem does not offer any warranty regarding the performance of software and shall not entertain any claim regarding the same. JAI BHEEM MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED SOFTWARE, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED SOFTWARE, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED.
You understand and accept that this software will substantially perform according to the specifications and descriptions as stated in the user manual, as updated from time to time, subject to the following and Jai Bheem expressly disclaims any and all liabilities arising from the following circumstances:
Incompatibility caused by any software and/or hardware components installed on your device;
Any actions initiated by you or by third parties which were beyond the control of Jai Bheem;
Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Jai Bheem, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism;
The deficiencies, defects in your device and related infringements;
Your violations of the terms and conditions described in the user manual or in this Agreement.
Inability of Jai Bheem support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.
Third-Party Website Links
This Software may include links to the third-party websites; you may redirect to such third-party websites as the user of this software. The third-party sites are not under the control of Jai Bheem and Jai Bheem is not responsible for the content of any third-party websites and/or any links contained in the third-party websites. Jai Bheem is providing these links to the third-party websites to you only for your convenience and Jai Bheem is not responsible for any kind of loss/ damage arising out of it and the access to or any other act on such third party links shall be entirely at your risk.
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The software, source code, activation code, license keys, documentation, systems, ideas, information, content, design, and other matters related to the software and trademarks are the sole proprietary and intellectual property rights of Jai Bheem protected under the Intellectual Property Laws and belongs to Jai Bheem. Subject to certain terms mentioned in respective open source license where used by Jai Bheem, nothing contained in this Agreement grants you or is intended to grant you any rights, title, interest to intellectual property, including without limitation any error corrections, enhancements, updates, or modifications to this software whether made by Jai Bheem or any third party. You understand and acknowledge that you are provided with a license to use this software subject to the terms and conditions of this Agreement.
This Software may include certain third party components which are governed by the license agreements executed between Jai Bheem and the respective third party owners. [The third party components licensed under terms of the certain agreement requires Jai Bheem to disclose that Intellectual Property rights and ownership rights shall remain with Jai Bheem and/or its technology licensing partners respectively. Even if such third party components are governed by respective agreements/contracts, the disclaimers and the limitations shall apply as mentioned in this EULA.]
All the title, ownership and all rights including Intellectual Property rights of the Third Party shall rest with the concerned Third Party only and the User shall also be liable to comply with their License Terms. Where applicable, such third party will be beneficiary of this EULA.
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The following terms apply when you use a mobile application obtained from either the Apple Store or Play Store (each an “App Distributor”) to access the application: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
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As part of the functionality of the Software, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Software; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the application. You will have the ability to disable the connection between your account on the application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the application. You can deactivate the connection between the application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Software (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
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The software may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the software or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the software and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the software or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
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Force Majeure: Jai Bheem will not be liable for any delay or failure to fulfil its obligations hereunder that results from an act of God, war, civil disturbance, government policies, or other cause/s beyond its control. Provided that Jai Bheem shall endeavour to complete the obligation within a reasonable period after happening of any event as covered under such force majeure.
Legal Jurisdiction: This agreement and any matter relating thereto shall be subject only to jurisdiction of the Courts at Mumbai, India and shall be interpreted as per the terms of the law/s for the time being in force in India. Any dispute which may arise out of this Agreement, breach of terms and conditions under this Agreement, shall be settled by direct negotiations between you and Jai Bheem. In the case of failure to resolve the dispute in the manner set out above within 30 days from the date when the dispute arose, the dispute shall be referred to any arbitrators appointed by Jai Bheem. The venue of arbitration shall be Mumbai. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and Indian Laws and shall be conducted in the English language. The arbitrators shall also decide on the costs of the arbitration proceedings. To the extent possible, after the commencement of any arbitral proceedings, the parties thus engaged shall continue to perform their respective obligations under this Agreement. The provisions of this Clause shall survive termination of this Agreement. Subject to the provisions of this Clause, the Courts in Mumbai, India shall have exclusive jurisdiction and the parties may pursue any remedy available to them at law or equity.
User Representations: By using the Software, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete;(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;](3) you have the legal capacity and you agree to comply with these Terms of Service; [(4) you are not under the age of 13;] (5) not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site]; (6) you will not access the software through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the software for any illegal or unauthorized purpose; and (8) your use of the software will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Software (or any portion thereof).
User Registration: You may be required to register with Jai Bheem. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Complete Agreement: This Agreement comprises the entire agreement between the parties regarding the subject matter, and supersedes any proposals, communications or advertising, oral or written, with respect to the software or subject matter of this Agreement. You shall be bound by any and all clauses of the Agreement updated and displayed on the website of Jai Bheem at www.jaibheem.live from time to time. The Agreement displayed on the website will be the finally concluded and binding agreement between you and Jai Bheem for all legal purposes which include your each activation, reactivation, and renewal of this software. In case of any dispute/queries arising out of any translated versions of this Agreement, Jai Bheem hereby expressly specifies and confirms that the English version as displayed on the website will be final for interpretation and the terms used, meaning conveyed in the English version will be authoritative and binding. Any waiver by either party of any violation of any provision of this Agreement by the other party will not be deemed to waive any other violation of the same or any other provision.
Severability: If any of the provisions contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby and the balance of the Agreement will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent.
Survival: The Clauses in this Agreement including not limited to rights to License Fees, “Indemnification”, “Limited Warranties & Disclaimers” and “Intellectual Property” shall survive expiration or termination of this Agreement.
Subject to certain terms mentioned in respective open source license where used by Jai Bheem, You cannot assign your rights or delegate duties or obligations under this Agreement. The failure to exercise or delay in exercising a right or remedy by Jai Bheem under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any prior, concurrent or subsequent right or remedy.
The section numbers and headings are included merely for the convenience of the parties and are not to be construed in interpreting this Agreement.
Jai Bheem reserves the right to amend this End-User License Agreement from time to time and will keep updated on its website at www.jaibheem.live and it would be binding on the end users. This is an essence of the agreement and use of this software.
Jai Bheem reserves the right to co-operate with any legal process and may provide documents, information related to your usage of this software and your general usage of the device.
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The software may include certain components, developed and owned by the some third parties, which are governed by license agreements executed between Jai Bheem and the respective third party owners. Additional restrictions applicable under the Open Source Software license, as well as third party software license agreement, which are not specifically mentioned in this EULA, will be applicable.
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This software may also include some software programs, codes, and content that are licensed or sublicensed to the user under the open source software (OSS) licenses.
The software programs, code and content that Jai Bheem may use in its software may fall in any of the following OSS licenses. Jai Bheem may update this list from time to time.
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BY REGISTERING FOR THE EVENT, YOU ACCEPT THESE TERMS AND CONDITIONS THAT SHALL
ACT AS AN AGREEMENT BETWEEN YOU AND THE ORGANIZER. PLEASE READ THEM
CAREFULLY.
1. EVENT
You may only register for and attend the event in accordance with these Terms and Conditions. To successfully
register for the event, you must complete the event registration process and pay the registration fee. This is to
bring to your notice that the event registration is subject to availability and the portal may close earlier than the
posted deadline, as determined in our sole discretion. We may also change the event program at any time in our
sole discretion. Once registered, you must ensure to duly comply with the Terms and Conditions mentioned
herein.
2. MODIFICATIONS OF TERMS
This is to bring to your kind notice that we reserve the right to change the Terms and Conditions at our sole
discretion with no responsibility to intimate you of the same. Therefore, you shall be responsible for regularly
reviewing the Terms and Conditions.
3. PAYMENT OF FEES
You are hereby informed that the event is not free of charge. This means, in order to attend the event, you must
undertake to pay the relevant fees (all taxes included) as specified on the registration form. Further, the fees
must be paid strictly in accordance with the payment terms as set out on the invoice.
4. CANCELLATION
i. By You: This is a non-refundable transaction. In case you decide to cancel for the event, the amount of
fees paid by you shall not be refunded you in any case whatsoever.
ii. By Us: We may cancel the event at any time for reasons including but not limited to availability or
suitability of venue or speakers or on security, health, or safety grounds. We are not responsible for any
damages, direct or indirect, resulting from such cancellation. If we cancel the event or your registration
and you are in compliance with the Terms and Conditions mentioned herein, we will issue you a refund
of your Event registration fee in accordance with the refund policy on the event’s registration webpage.
5. PHOTOGRAPHY AND FILMING
By registering for the event, you acknowledge that the event may be photographed and/or filmed and/or web
streamed and that some of these photos and video recordings can be used for the minutes of Event, news,
promotional purposes, future marketing materials, illustration, and information and dissemination activities via
our websites or inclusion on our social media pages. Participation in the Event indicates your consent to being
photographed and/or filmed and/or web streamed.
6. INTELLECTUAL PROPERTY
i. All intellectual property rights in and to the event, the event content, and all the materials distributed at or
in connection with the event are owned by the Organizer, or the event speakers presenting at the event.
You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names
appearing at the event, in any event content or in any materials distributed at or in connection with the
Event for any reason without the prior written permission of the Organizer.
ii. For the avoidance of doubt, nothing shall be deemed to vest in you any legal or beneficial right in or to
any trademarks or other intellectual property rights owned or used under license by the Organizer or any
of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual
property rights of the Organizer or its affiliates, all of which shall at all times remain the exclusive
property of the Organizer and its affiliates.
7. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations
under these Terms and Conditions that is caused by events outside its reasonable control ("Force Majeure
event") and in such circumstances we may not reimburse any paid event fees. A Force Majeure event means any
event which is beyond our and/or your reasonable control, including but not limited to, Act of God, fire, flood,
lightening, storm, earthquake or other climatic or meteorological catastrophes, failure or delay of common
carrier or impairment or lack of adequate transportation facilities, accident or repair to machinery, act of
sabotage including but not limited to piracy or hacking, embargo, government requirement or action including
the imposition of sanctions by any country against India or a country in which a party is registered or a country
in which the event is deemed to be staged, war, civil or military authority, terrorism and industrial dispute, strike
or labour disturbance, regulatory change or change in law, or any event or circumstance which puts at risk or
endangers the health, safety or security of our and/or your personnel, which prevents and/or affects the
performance of these Terms and Conditions and/or the staging of the event, and could not have been prevented,
avoided or remedied by the party affected by the Force Majeure event (i.e. the party not able to perform) taking
reasonable precautions. Performance under these Terms and Conditions is deemed to be suspended for the
period that the Force Majeure event continues to affect performance. We will use our reasonable endeavours to
bring the Force Majeure event to a close or to find a solution by which our obligations under these Terms and
Conditions may be performed despite the Force Majeure event. In any such event, we shall be entitled, but not
obliged to either provide alternative facilities or venue for the event and/or reschedule the event, without
liability on our part. If we are unable to reschedule or rearrange the event, we may cancel the event you will
receive a future credit (valid for 12 months from issue) for another event or equivalent service of your choice.
8. CONDUCT AT THE EVENT
We are dedicated to making the event a safe place for all. Therefore, you shall not display any content, adopt a
conduct, or incite any person to commit an act, which:
i. is threatening, libellous, defamatory, or obscene;
ii. would constitute a criminal offense, give rise to civil liability, or otherwise violate law in any manner;
iii. infringes the intellectual property, privacy, or other rights of any third parties; or
iv. constitutes or contains false or misleading statements.
You consent also not to hack or use our infrastructure for unethical, illegal or malicious activities. We may at
any time, with or without giving notice, in our absolute discretion, rescind your registration or attendance at the
event in case of violation of these Terms and Conditions without incurring any liabilities to you and/or any third
party. In such event, you shall not be reimbursed for the fees paid by you.
9. LIABILITY
You are required to keep your personal belongings (including your computer and/or other devices) with you at
all times and we accept no liability for damage to, or loss of, personal belongings. We do not accept any liability
for any loss (including, without limitation, theft) occasioned on our premises and/or on any premises of any
Event being staged at external venues save for any damages caused directly by our negligence in which
circumstances and, to the extent permitted by law, our liability shall be limited to your paid event fees.
10. MISCELLANEOUS
i. Notices: All notices and communications shall be in writing, in English and shall deemed given if
delivered personally or by commercial messenger or courier service, or mailed by registered or certified
mail (return receipt requested) or sent via email (with acknowledgment of complete transmission) to the
following email address: Hello@jaibheem.live or at the address posted on the Platform. Notice shall be
deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be,
unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the
email address is invalid.
ii. Assignment and Delegation: You must not transfer your User Account or assign any of your rights or
delegate any of your duties under this Agreement without our prior written approval. We may freely
transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the
foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their
respective representatives, heirs, administrators, successors and permitted assigns.
iii. No Waiver : Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of
such right or claim and shall in no way affect our right to later enforce or exercise it.
iv. Prevailing Language: The English language version of this Agreement shall be controlling in all respects
and shall prevail in case of any inconsistencies with translated versions, if any.
v. Third Party Beneficiary: Except as otherwise expressly provided in these Terms and Conditions, there
shall be no third-party beneficiaries to the same.
vi. Dispute Resolution: These Terms and Conditions shall be governed by and construed in accordance with
the laws of India, without giving effect to its conflict of law provisions, and all matters arising out of this
Agreement shall be referred to Courts in Mumbai.
vii. Provisions related to liability, indemnification, disclaimers of warranties, intellectual property
protections, and protection of Website Content shall survive termination of this agreement.
BY REGISTERING FOR THE EVENT, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND
AGREED UPON ALL OF THE TERMS AND CONDITIONS.