Santhai.com Terms of Service
1. ACCEPTANCE OF TERMS
Santhai.com provides its service to you subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without notice to
you. In addition, when using particular santhai.com owned or operated services,
you and santhai.com shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All such
guidelines or rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the TOS. santhai.com may also offer other
services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
santhai.com provides users with access to a rich collection of resources,
shopping services and personalized content through its network of
properties which may be accessed through RSS or any medium or device now known
or hereafter developed (the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are necessary
for santhai.com to provide the Service. You also understand and agree that the
Service may include certain communications from santhai.com, such as service
announcements, administrative messages and the santhai.com Newsletter, and that
these communications are considered part of santhai.com membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS" and
that santhai.com assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the Service.
Please be aware that santhai.com has created certain areas on the Service that
contain adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the India or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or santhai.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, santhai.com has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof).
4. SANTHAI.COM PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://privacy.santhai.com/. You understand that through your use of the Service
you consent to the collection and use of this information.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and the
account name created by you and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify
santhai.com of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of
each session. santhai.com cannot and will not be liable for any loss or damage
arising from your failure to comply with this.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that you, and not
santhai.com, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. santhai.com does
not control the Content posted via our Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
our Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will santhai.com be liable in any way for
any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via our
Services.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; harm minors in any way; impersonate any
person or entity, including, but not limited to, a santhai.com official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Service; upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); upload, post, email, transmit
or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," or any other form of solicitation, except in those areas (such as
shopping) that are designated for such purpose; upload, post, email, transmit or
otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment; interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service; intentionally or
unintentionally violate any applicable local, state, national or international
law; "stalk" or otherwise harass another; and/or
You acknowledge that santhai.com may or may not pre-screen Content, but that
santhai.com and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or remove any Content that is
available via the Service. Without limiting the foregoing, santhai.com and its
designees shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by santhai.com or submitted to
santhai.com, including without limitation information in santhai.com Message
Boards and in all other parts of the Service.
You acknowledge, consent and agree that santhai.com may access, preserve and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of santhai.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by santhai.com and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
santhai.com does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
santhai.com the following worldwide, royalty-free and non-exclusive license(s),
as applicable.
"Publicly accessible" areas of the Service are those areas of the santhai.com
network of properties that are intended by santhai.com to be available to the
general public. By way of example, publicly accessible areas of the Service
would include articles written by santhai.com authors, reviewers, commentators
or contributors.
9. CONTRIBUTIONS TO SANTHAI.COM
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to santhai.com through its suggestion or feedback webpages, you acknowledge and
agree that: (a) your Contributions do not contain confidential or proprietary
information; (b) santhai.com is not under any obligation of confidentiality,
express or implied, with respect to the Contributions; (c) santhai.com shall be
entitled to use or disclose (or choose not to use or disclose) such
Contributions for any purpose, in any way, in any media worldwide; (d)
santhai.com may have something similar to the Contributions already under
consideration or in development; (e) your Contributions automatically become the
property of santhai.com without any obligation of santhai.com to you; and (f)
you are not entitled to any compensation or reimbursement of any kind from
santhai.com under any circumstances.
10. INDEMNITY
You agree to indemnify and hold santhai.com and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your account
name), use of the Service, or access to the Service, unless stated in the
service offered.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that santhai.com has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that santhai.com
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that santhai.com reserves the right to modify
these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
santhai.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that santhai.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
14. TERMINATION
You agree that santhai.com may, under certain circumstances and without prior
notice, immediately terminate your santhai.com account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the
Services. Further, you agree that all terminations for cause shall be made in
santhai.com's sole discretion and that santhai.com shall not be liable to you or
any third party for any termination of your account, any associated email
address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that santhai.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because santhai.com has no control over such sites and
resources, you acknowledge and agree that santhai.com is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that santhai.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SANTHAI.COM AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY 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 AND NON-INFRINGEMENT.
2. SANTHAI.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM SANTHAI.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SANTHAI.COM AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR TANGIBLE OR
INTANGIBLE LOSSES, RESULTING FROM ANY MATTER RELATING TO SANTHAI.COM'S SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY
TO YOU.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
21. NOTICE
santhai.com may provide you with notices, including those regarding changes to
the TOS, by email, regular mail or postings on the Service.
22. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
santhai.com and governs your use of the Service, superseding any prior
agreements between you and santhai.com with respect to the Service. You also may
be subject to additional terms and conditions that may apply when you use or
purchase certain other santhai.com's services, affiliate services, third-party
content and/or third-party software.
Waiver and Severability of Terms. The failure of santhai.com to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
santhai.com account is non-transferable and any rights to your santhai.com
account or contents within your account terminate upon your death. Upon receipt
of a copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
28. VIOLATIONS
Please report any violations of the TOS to support@santhai.com