Aavishkar Ent. may, at its sole discretion, modify these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means. If you donít agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AAVISHKAR ENT. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Aavishkar Ent. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which Aavishkar Ent. provides, may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Aavishkar Ent. may stop (permanently or temporarily) providing any of the Services to you or to users generally at Aavishkar Ent.'s sole discretion, without prior notice to you. You may stop using the Services at any time.
You acknowledge and agree that if Aavishkar Ent. disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.
In order to access certain Services, you may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you donít have the right to use, or another personís name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, youíve received your parentís or guardianís permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Nepal, United States, United Kingdom, India, and other relevant countries). If your use of the Services is prohibited by applicable laws, then you arenít authorized to use the Services. We canít and wonít be responsible for your using the Services in a way that breaks the law.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Aavishkar Ent., unless you have been specifically allowed to do so in a separate agreement with Aavishkar Ent. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Aavishkar Ent., you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
You agree that you are solely responsible for (and that Aavishkar Ent. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Aavishkar Ent. may suffer) of any such breach.
You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Aavishkar Ent. for all activities that occur under your account. Aavishkar Ent. is not responsible whatsoever for any actions taken under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Aavishkar Ent. immediately at firstname.lastname@example.org.
You understand that all information (such as files, media, images, text) which you may have access to as part of, or through your use of, the Services is the sole responsibility of the source from which such content originated. All such information is referred to here as the "Content". Aavishkar Ent. does its best to give proper credit to the source from which the data was indexed. Aavishkar Ent.'s search engine lays no claim to the ownership of the content originated at these sites. If some Content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any Content is objectionable, please inform Aavishkar Ent. at your convenience.
Aavishkar Ent. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a notice of copyright infringement containing the following information to email@example.com:
1) A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has been allegedly infringed.
2) A description of the copyrighted work or other material being infringed.
3) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Aavishkar Ent. is capable of finding and verifying its existence; The notifierís address, telephone number, and email address.
4) A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law.
5) A statement made under penalty of perjury that all the above information is accurate, and that the notifying party is authorized to act on the behalf of the copyright owner.
You agree that you are solely responsible for (and that Aavishkar Ent. has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Aavishkar Ent. may suffer) by doing so.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.
Unless you have agreed otherwise in writing with Aavishkar Ent., nothing in the Terms gives you a right to use any of Aavishkar Ent.'s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Aavishkar Ent., you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Aavishkar Ent. may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of the Terms, as per the sole discretion of Aavishkar Ent. Aavishkar Ent. holds the right to deny you Services without any express reason. Aavishkar Ent. may also terminate the relationship with you if Aavishkar Ent. is legally required to do so (e.g., when provision of Services provided by Aavishkar Ent. is, or becomes, unlawful); or if the partner(s) with whom Aavishkar Ent. offered the Services to you has terminated its relationship with Aavishkar Ent. or ceased to offer the Services to you; or the provision of the Services to you by Aavishkar Ent. is, in Aavishkar Ent.'s opinion, no longer commercially viable.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available". In particular, Aavishkar Ent., its subsidiaries and affiliates, and its licensor or suppliers do not represent or warrant to you that:
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Aavishkar Ent., or through or from the Services shall create any warranty not expressly stated in the terms.
Aavishkar Ent. further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent allowed by applicable law, Aavishkar Ent. (and its licensor or suppliers) are never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:
The limitations on Aavishkar Ent.'s liability to you above shall apply whether or not Aavishkar Ent. has been advised of or should have been aware of the possibility of any such losses arising.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contact, strict liability, or otherwise) shall Aavishkar Ent. (or its licensor or suppliers) be liable to you or to any other person for any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Aavishkar Ent. in connection with the services in the twelve (12) month period preceding this applicable claim.
Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Aavishkar Ent., its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneysí fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
The manner, mode, and extent of advertising by Aavishkar Ent. on the Services are subject to change without specific notice to you. In consideration for Aavishkar Ent. granting you access to and use of the Services, you agree that Aavishkar Ent. may place such advertising on the Services.
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (ìAppleî) App Store (the ìApplicationî) and android applications available via Google, App store, but the following additional terms also apply to the Application:
The Services may include hyper-links to other web sites or content or resources. Aavishkar Ent. may have no control over any web sites or resources which are provided by companies or persons other than Aavishkar Ent..
You acknowledge and agree that Aavishkar Ent. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
You acknowledge and agree that Aavishkar Ent. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with Aavishkar Ent. and limits the manner in which you can seek relief from us. Both you and Aavishkar Ent. acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Aavishkar Ent.ís officers, directors, employees and independent contractors (ìPersonnelî) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. In the event the Terms do not affect your legal relationship with these other companies or individuals.
You and Aavishkar Ent. agree that the Terms constitute the complete and exclusive legal agreement between you and Aavishkar Ent. and govern your use of the Services (but excluding any services which Aavishkar Ent. may provide to you under a separate written agreement), and completely supersede and cancel any prior written and oral agreements, communications and other understandings between you and Aavishkar Ent. in relation to the Services and the subject matter of the Terms.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Aavishkar Ent. may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Aavishkar Ent., and you do not have any authority of any kind to bind Aavishkar Ent. in any respect whatsoever.
You agree that Aavishkar Ent. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if you or Aavishkar Ent. do not exercise or enforce any legal right or remedy which is contained in the Terms (or which you or Aavishkar Ent. have the benefit of under any applicable law), this will not be taken to be a formal waiver of you or Aavishkar Ent.'s rights and that those rights or remedies will still be available to you or Aavishkar Ent..
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed to the minimum extent necessary from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be in full force and effect and enforceable.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Aavishkar Ent.ís prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms are governed by and will be construed under the Arbitration Act 1999 A.D. without regard to the conflicts of laws provisions thereof.