Terms of use of the eNukkad website

PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This Agreement is made between eNukkad.com and you as a site visitor and/or Member ("You").

This Agreement setforth the legally binding terms of your use of the eNukkad.com website at its services located at URL www.eNukkad.com.

By using and/or visiting this website ("eNukkad"), (collectively, including all content available through the eNukkad.com domain name, the "eNukkad Website", or "Website",) you signify your assent to both these terms and conditions ("Terms of Use") and the terms and conditions of eNukkad's Privacy Policy which are published, and which are incorporated herein for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests, you shall be subject to any additional guidelines or rules applicable to such services. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree to any of these terms, then please do not use the eNukkad website.

1. THE PROVISIONS GOVERNING YOUR USE OF THE eNukkad WEBSITE.

   eNukkad.com is an online youth and social networking website which is hosted in India and is subject to the laws governing the Republic of India.

   You are only authorized to use the eNukkad Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the privacy policy referred to in Clause 1 above . We reserve the right at any time to: change the terms of this Agreement; change the Services, including eliminating or modifying any content on or feature of the Site; or change/charge any fees or charges for use of the Services. Any changes we make will be effective immediately on notice, which we may give either by posting the new Agreement on the Site or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure your familiarity with the most current version.

   Please note that these Terms of Use apply to all Users of the eNukkad Website, including Users who are also contributors of audio content, information, and other materials or services on the eNukkad Website. The eNukkad Website may contain links to third party websites that are not owned or controlled by eNukkad. eNukkad has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, eNukkad will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve eNukkad from any and all liability arising from your use of this Website and any third-party website as aforesaid. Accordingly, we encourage you to be aware when you move out of the eNukkad Website and to read the terms and conditions and privacy policy of each other website that you visit.

   1. You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") that you post on the eNukkad Website, and any material or information that you transmit to other Members and for your interactions with other Users. eNukkad does not endorse and has no control over the Content. Content is not necessarily reviewed by eNukkad prior to posting and does not necessarily reflect the opinions or policies of eNukkad. eNukkad makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
   
   
   
   2. eNukkad hereby grants you permission to use the Website as set forth in these terms of use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without eNukkad prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
   
   
   
   3. In order to access some features of the Website, you will have to create an account. You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify eNukkad immediately of any breach of security or unauthorized use of your account. Although eNukkad will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of eNukkad or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
   
   
   
   4. KINDLY NOTE THAT eNukkad PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the eNukkad Website and that you provide to other Users. Your eNukkad profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 http://www.naavi.org/importantlaws/itbill2000/ch11.html and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and eNukkad assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by eNukkad by any person, please contact us at abuse@eNukkad.com.
   
   
   
   5. eNukkad reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the eNukkad Website at any time, for any or no reason, with or without prior notice, and without liability. eNukkad expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the eNukkad Website if eNukkad determines, in its sole discretion, that you pose a threat to eNukkad and/or its Users.
   
   
   
   6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the eNukkad servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, eNukkad grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. eNukkad reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (defined below).
   
   
   
   7. Use of and membership in the eNukkad Website is void where prohibited. By using the eNukkad Website, you represent and warrant that (a) you are 16 years of age or above (b) your use of the eNukkad Website does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are less than 16 years of age.

      BELOW 16

      The Site is NOT directed to or intended for people under the age of 16 (Sixteen). Users less than Sixteen (16) years of age may not register to use the Site. eNukkad does not knowingly collect any personal information from users under the age of sixteen. If you are a parent of a child under the age of sixteen and you have questions about our Site or Privacy Policy, please feel free to contact the eNukkad Privacy Coordinator at privacy@eNukkad.com.These Terms of Use shall remain in full force and effect while you use the eNukkad Website or continue to be a Member. You may terminate your membership at any time, by simply writing in at deleteme@eNukkad.com. eNukkad may terminate your membership at any time, without warning. Even after membership is terminated, these Terms of Use will remain in effect and continue to bind you accordingly.
   
   
   
   8. You acknowledge that eNukkad reserves the right to charge for the services on the eNukkad Website and to change its fees from time to time at its discretion. If eNukkad terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees.
   
   
   
   9. i. The eNukkad Website including the services provided on the Website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by eNukkad. Illegal and/or unauthorized use of the eNukkad Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the eNukkad Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the eNukkad services.
   
   
   

2. INTELLECTUAL PROPERTY RIGHTS

   The content on the eNukkad Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to eNukkad, subject to copyright and other intellectual property rights under Indian laws and conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and eNukkad. eNukkad reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the eNukkad Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the eNukkad Website or the Content therein.

3. IMPORTANT USAGE CONDITIONS AND RELATED PROVISIONS

   1. The eNukkad Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, eNukkad does not guarantee any confidentiality with respect to any submissions.
   
   
   
   2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
      1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize eNukkad to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use; and
      
      
      
      2. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to eNukkad, you hereby grant eNukkad a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the eNukkad Website and eNukkad‘s (and its successor's) business, including without limitation for promoting and redistributing part or all of the eNukkad Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the eNukkad Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these terms of use.
      
      
      
   3. In connection with User Submissions, you further agree that you will not:
      
      
      1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant eNukkad all of the license rights granted herein;
      
      
      2. publish falsehoods or misrepresentations that could damage eNukkad or any third party;
      
      
      3. submit material that is unlawful, obscene, defamatory, libelous, scandalous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
      
      
      4. post advertisements or solicitations of business:
      
      
      5. impersonate another user. eNukkad does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and eNukkad expressly disclaims any and all liability in connection with User Submissions. eNukkad does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and eNukkad will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. eNukkad reserves the right to remove Content and User Submissions without prior notice. eNukkad will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer(except in the case of pornographic content) is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
      
      

      eNukkad also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, scandalous or defamatory material, of excessive length. eNukkad may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

   4. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to copyright@eNukkad.com with the following information in writing:
      
      
      1. A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      
      
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      
      
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      
      
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      
      
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      
      
      6. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      
      
      7. You understand that when using the eNukkad Website, you will be exposed to User Submissions from a variety of sources, and that eNukkad is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Website with respect thereto, and agree to indemnify and hold eNukkad, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
      
      
      8. eNukkad permits you to link to materials on the Website for personal, non-commercial purposes only. eNukkad reserves the right to discontinue any aspect of the eNukkad Website at any time.
      
      
      9. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the eNukkad services. eNukkad reserves the right to investigate and take appropriate legal action against anyone who, in eNukkad‘s sole discretion, violates this provision, including without limitation, removing the offending communication from the eNukkad Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of eNukkad:
      
      
      1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another user;
      3. exploits people in a sexual or violent manner;
      4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
      5. solicits personal information from anyone under 18;
      6. provides any telephone numbers, addresses, last names, URLs or email addresses;
      7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";"phishing"
      10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
      11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
      13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
      14. includes a photograph of another person that you have posted without that person's consent; or
      15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
      16. criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      17. advertising to, or solicitation of, any Member to buy or sell any products or services through the eNukkad services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the eNukkad Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, eNukkad.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which eNukkad deems appropriate in its sole discretion. If you breach any provisions of these Terms of Use and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the eNukkad Website, you acknowledge that you will have caused substantial harm to eNukkad, but that the amount of such harm would be extremely difficult to ascertain.
      18. covering or obscuring the banner advertisements on your personal profile page, or any eNukkad page via HTML/CSS or any other means;
      19. any automated use of the system, such as using scripts to add friends or send comments or messages;
      20. interfering with, disrupting, or creating an undue burden on the eNukkad Website or the networks or services connected to eNukkad;
      21. attempting to impersonate another Member or person;
      22. for band profiles, copying your eNukkad code and embedding it into other profiles or asking other Members to embed it into their profiles;
      23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
      24. selling or otherwise transferring your profile;
      25. using any information obtained from the eNukkad Website in order to harass, abuse, or harm another person;
      26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the eNukkad Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
      27. using the eNukkad Website in a manner inconsistent with any and all applicable laws and regulations.

      You are solely responsible for your interactions with other eNukkad Members. eNukkad reserves the right, but has no obligation, to monitor disputes between you and other Members.Use of the eNukkad Website is also governed by our privacy policy, which is incorporated into these Terms of Use by this reference.

      
      DISCLAIMERS.
      

      YOU AGREE THAT YOUR USE OF THE eNukkad WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, eNukkad, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. eNukkad MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 THE eNukkad WEBSITE. eNukkad DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE eNukkad WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND eNukkad WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

      
      

      INCLUSION OF ANY LINKED WEBSITE ON THE eNukkad WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY eNukkad. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. eNukkad TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE eNukkad WEBSITE OR THROUGH THE eNukkad SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. eNukkad IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE eNukkad SERVICES. eNukkad ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. eNukkad IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE eNukkad SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE eNukkad SERVICES. UNDER NO CIRCUMSTANCES SHALL eNukkad BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE eNukkad SERVICES, ATTENDANCE AT A eNukkad EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE eNukkad SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE eNukkad SERVICES, WHETHER ONLINE OR OFFLINE. THE eNukkad SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND eNukkad EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. eNukkad CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE eNukkad SERVICES.

      
      LIMITATION OF LIABILITY
      

      IN NO EVENT SHALL eNukkad, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE eNukkad WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

      
      

      YOU SPECIFICALLY ACKNOWLEDGE THAT eNukkad SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      
      INDEMNITY
      

      You agree to defend, indemnify and hold harmless eNukkad, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the eNukkad Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the eNukkad Website

      
      ABILITY TO ACCEPT TERMS OF USE
      

      You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use

      
      ASSIGNMENT
      

      These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eNukkad without restriction.

      
      GENERAL
      

      You agree that: (i) the eNukkad Website shall be deemed solely based in India; (ii) the section titles in this Agreement are for convenience only and have no legal or contractual effect; (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between the you and eNukkad. Nothing contained in these Terms of Use shall constitute you as the agent of eNukkad or otherwise entitle you to have authority to bind eNukkad for any purpose. and (iv) any claim or dispute between you and eNukkad that arises in whole or in part from the eNukkad Website shall be decided exclusively by a court of competent jurisdiction located in Delhi, India. You and eNukkad shall be bound to submit all disputes howsoever arising out of or in connection with the use of the eNukkad Website to arbitration to one (1) arbitrator nominated and appointed by eNukkad. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Delhi, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings .will be final and binding on both you and eNukkad to the extent permissible in law. These Terms of Use together with the privacy policy and any other legal notices published by eNukkad on the eNukkad Website, shall constitute the entire agreement between you and eNukkad concerning the eNukkad Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and eNukkad‘s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. eNukkad reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the eNukkad Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND eNukkad AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE eNukkad WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

      
      Last Revised on: April 13, 2008