(1) Acceptance of Terms
Welcome to Vyvin. Vyvin ("Vyvin", "we" or "us" as the case may be) provides the Service (defined below) to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at Terms of Service page. In addition, when using particular Vyvin services or third party services, you and Vyvin 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, which maybe subject to change, are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. We may also offer other services from time to time that are governed by different Terms of Services, in which case the TOS do not apply to such other services if and to the extent expressly excluded by such different Terms of Services. Vyvin also may offer other services from time to time that are governed by different Terms of Services. These TOS do not apply to such other services that are governed by different Terms of Service.
(2) Description of Service
The words "service" or "services" are used only to provide you or the users the
facilities given by Vyvin. It does not bring us under the definition of service
defined in any law being in force. It neither raises any liability to pay any service
tax nor create the relations of service provider and consumer between Vyvin and
its users.
Vyvin currently provides users with access to a rich collection of online resources,
including, various communications tools, online forums, personalized content and
branded programming through its network of properties (the "Service"). The Service
(or parts of it), at Vyvin's discretion, may be accessed or made available through
or via various mediums or devices now known or hereafter developed, including but
not limited to the World Wide Web, mobile telephone or communications services (such
as SMS (Short Message Service)), and/or other Internet or telecommunications services
or protocols (such as WAP (Wireless Application Protocol)) (collectively, the "Channels").
You also understand and agree that that the Service may include certain communications
from Vyvin such as service announcements, administrative messages and the Vyvin
Newsletter, and that these communications are considered as part of the Vyvin 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, including the release of new Vyvin properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS" and that
Vyvin assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the Channels, either directly
or through devices that access web-based content, and pay any service fees associated
with such access to the Service in accordance with the applicable payment terms.
Such fees and payment terms may be changed from time to time, and such changes will
be notified to you, whether by email or by notices or links to notices on the Service
or by other appropriate means. You acknowledge that certain parts of the Service
are available only via certain Channels. You also acknowledge that we are not responsible
or liable in any way for your access to the Service or your use of any Channels.
In addition, you must provide all equipment necessary to use the relevant Channel,
including a computer and modem, mobile telephone or other appropriate access device,
and you must pay any fees applicable to the use of such Channel. You acknowledge
that you are solely responsible for the set-up, configuration or compatibility of
the hardware, software and other equipment used by you for obtaining access to the
Service by any Channel whatsoever. If any alteration in the whole or any part of
Service requires changes in your hardware, software or other equipment, you must
effect these changes at your own expense. We will inform you of any such alterations
in the Service in advance, whether by email or by notices or links to notices on
the Service or by other appropriate means.
Unless expressly stated otherwise, no information presented in the Service or in
connection with any products and services forming part of the Service shall be deemed
as a binding offer by us or the relevant third party, but may constitute an invitation
for you to place an order. In respect of contracts for our or any third party's
products and services which are made available as part of the Service, these shall
be deemed concluded when we or the relevant third party have accepted your order
for the same or have provided you with the product or service pursuant to your order.
Content that is considered obscene under Indian law, is strictly forbidden on the
Vyvin India site, and users are prohibited from posting any material of an obscene
nature on the Vyvin India site. Although Vyvin exercises due diligence to ensure
that any obscene content posted by users in violation of the TOS is promptly removed,
users may sometimes come across user-posted obscene content that we have not yet
discovered. Users shall make best endeavors to make Vyvin aware of such obscene/objectionable
content that they come across while using the service.
(3) Your Registration Obligations
In consideration of your use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration Data")
and
- 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 Vyvin has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Vyvin 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) without any liability to you. We are concerned about the
safety and privacy of all our users, particularly children. However, please remember
that the Service is designed to appeal to a broad audience. Accordingly, if you
are a parent or legal guardian, it is your responsibility to determine whether any
of the Services and/or Content (as defined in Section 6 below) are appropriate for
your child. Similarly, if you are a child, please consult with your parent or legal
guardian as to whether any of the Services and/or Content is appropriate for you.
Notwithstanding the foregoing, we may provide you with access to some parts of the
Service without you registering as a user. In that case, your identification is
based on other means of identification that we deem appropriate. In appropriate
cases, identification may be based on data identifying your mobile telephone or
communications subscription number provided by your network operator. You agree
that such information may be collected and disclosed to us and used in accordance
with the TOS.
(4) Vyvin Privacy Policy
Registration Data and certain other information about you is subject to our Privacy
Policy which is incorporated by reference into and made a part of this TOS. By giving
or making available the Registration Data and such other information about yourself
to us, you agree and acknowledge that we may use or release such information to
third parties as specified in the Privacy Policy, and that you give consent to such
use or disclosure. For more information, please see our full privacy policy at
Privacy Policy
page. You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the India and/or other countries for storage, processing
and use by Vyvin and its affiliates.
(5) Member Account, Password and Security
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify Vyvin 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. Vyvin cannot
and will not be liable for any loss or damage arising from your failure to comply
with this Section.
(6) Member Conduct
You understand and acknowledge that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not Vyvin, are entirely
responsible for all Content that you upload, post, email or otherwise transmit via
the Service. Vyvin does not control the Content posted via the Service and, as such,
cannot and does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will we or our licensors,
suppliers, vendors, parent, holding, subsidiary or related companies, affiliates,
officers, agents or employees, as the case may be, be liable in any way for any
Content, including, but not limited to, any exposure to offensive, indecent or objectionable
Content, 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 or otherwise
transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit 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
or contrary to public interest, public order or national harmony in all relevant
jurisdictions;
- harm minors in any way;
- impersonate, or falsely state or otherwise misrepresent your affiliation with, any
person or entity, including, but not limited to, a Vyvin official, forum leader,
guide or host;
- forge headers or otherwise manipulate identifying information in order to disguise
and/or with the effect of disguising the origin of any Content transmitted through
the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right
to transmit 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 or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as, but not limited
to, shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise make available or transmit 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges or to utilize the
service on an AS IS basis as provided by us;
- 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, including, but not limited to, regulations promulgated by the
Indian securities, exchange control and other regulatory authorities , any rules
of any Indian securities exchange and any regulations having the force of law;
- "stalk" or otherwise harass another;
- commit any fraudulent or unlawful act, whether in relation to any third party provider
of products and services on the Service or otherwise
- collect or store personal data about any other users in connection with the prohibited
conduct and activities set forth in paragraphs a. through m above.
You acknowledge that Vyvin cannot and does not pre-screen Content, but that Vyvin
and its designees shall have the right (but not the obligation) in our sole discretion
to refuse or move any Content that is available via the Service. Without limiting
the foregoing, Vyvin and its designees shall have the right to remove any Content
that we believe in good faith violates the TOS or that has been alleged to infringe
any intellectual property or that is otherwise objectionable in our sole opinion,
without being liable to you in any way for any loss or damage arising from such
removal. You agree that you will 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 Vyvin or submitted to Vyvin, including without limitation information
in Vyvin Message Boards, Vyvin Forums, and in all other parts of the Service.
You acknowledge and agree that Vyvin may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of Vyvin, its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or
devices
Where any part of the Service involves or is provided by us in conjunction with
a third party, you agree to comply with any notices, instructions or directives
given by such third party in relation to such part of the Service, including your
access to or use thereof.
(7) Interstate Nature of Communications on Vyvin Network
When you register with Vyvin, you acknowledge that in using Vyvin services to send
electronic communications (including but not limited to email, search queries, sending
messages to Vyvin Chat or Vyvin Forums, uploading photos and files to Vyvin User
Account, and other Internet activities), you will be causing communications to be
sent through Vyvin's computer networks, portions of which may be located abroad.
As a result, and also as a result of Vyvin's network architecture and business practices
and the nature of electronic communications, even communications that seem to be
intrastate in nature can result in the transmission of interstate communications
regardless of where you are physically located at the time of transmission. Accordingly,
by agreeing to this Terms of Service, you acknowledge that use of the service results
in interstate data transmissions.
Vyvin Chat, including any web-based versions, will allow you and the people with
whom you communicate to save your conversations in your Vyvin accounts located on
Vyvin servers. This means you can access and search your message history from any
computer with access to the internet. Whether or not you use this feature, other
users may choose to use it to save conversations with you in their account on Vyvin
too. Your agreement to this TOS constitutes your consent to allow Vyvin to store
these communications on its servers. From time to time Vyvin will send you notices
to let you know about important changes to the Vyvin Chat or related Services. Such
messages may not be received if you violate this TOS by accessing the Service in
an unauthorized manner. Your agreement to this TOS constitutes your agreement that
you are deemed to have received any and all notices that would have been delivered
had you accessed the Service in an authorized manner.
(8) Special Admonitions For International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable
laws, statutes, regulations, rules and codes regarding online conduct and acceptable
Content and use of relevant Channels
(9) Content Submitted or Made Available For Inclusion on the Service
Vyvin 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 Vyvin the following
worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible
areas of Vyvin Forums, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific Vyvin Forums to which such Content
was submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the time
you remove or Vyvin removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than Vyvin Forums, the
license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the time
you remove or Vyvin removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service other than
Vyvin Forums, the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
(10) Contribution to Vyvin
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to Vyvin through its suggestion or feedback webpages, you acknowledge and agree
that:
- your Contributions do not contain confidential or proprietary information;
- Vyvin is not under any obligation of confidentiality, express or implied, with respect
to the Contributions;
- Vyvin 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;
- Vyvin may have something similar to the Contributions already under consideration
or in development;
- your Contributions automatically become the property of Vyvin without any obligation
of Vyvin to you; and
- you are not entitled to any compensation or reimbursement of any kind from Vyvin
under any circumstances.
(11) Indemnity
You agree to indemnify and hold Vyvin, and our licensors, suppliers, vendors, parent,
subsidiaries and related companies, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or demand, including reasonable
legal fees, made by any third party due to or arising out of Content you submit,
post to or transmit or make available through the Service, your use of the Service,
your connection to the Service, your use of any Channels, your violation of the
TOS, or your violation of any rights of any other person, or your breach of any
applicable law.
(12) No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the Service
(13) General Practices Regarding Use and Storage
You acknowledge that Vyvin may, in its sole discretion, establish general practices
and limits concerning use of the Service, including without limitation the maximum
number of days that email messages, forum postings or other uploaded Content will
be retained by the Service, the maximum number of email messages or any other messages
that may be sent from or received by an account on the Service or transmitted through
the Service, the maximum size of any email message that may be sent from or received
by an account on the Service, the maximum disk space that will be allotted on Vyvin's
servers on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. In particular,
but without limiting the foregoing, by using the Service, you consent to our adoption
of the practices, set forth in
Privacy Policy
page in relation to your use of the Service. You agree that Vyvin 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
Vyvin reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that Vyvin reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without notice.
You further acknowledge that we reserve the right to modify these general practices
and limits at any time, in our sole discretion, with or without notice, and you
agree that your continued use of the Service after such modification will constitute
your acceptance of and agreement to be bound by the modified general practices and
limits.
(14) Modifications to Service
Vyvin 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,
for any reason whatsoever, whether generally or limited to you only You agree that
Vyvin shall not be liable in any way to you or to any third party for any modification,
suspension or discontinuance of the Service.
(15) Termination
You agree that Vyvin, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without limitation, for lack of use
or if Vyvin, in its sole opinion, believes that you have violated or acted inconsistently
with the letter or spirit of the TOS or that you are a repeat infringer of intellectual
property rights. Vyvin may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice, whether for
selected or all Channels. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and acknowledge
and agree that Vyvin may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or the Service. Further, you agree that Vyvin shall not be liable to you or any
third-party for any termination of your access to the Service.
(16) Dealing with Third Parties
The Service may also include access to products and services of independent third
parties either directly or via links to sites operated by such third parties. Where
these products and services of third parties form part of the Service, we will endeavour,
but are not obliged to, indicate that these products and services are provided by
third parties. In all cases, your correspondence or business dealings with, or participation
in promotions of, other parties found on or through the Service (including without
limitation providers of products and services, advertisers and other users of 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 third party, even where it is in relation to any
products or services that are co-branded with us which may include our trademarks.
You agree that we shall not be responsible or liable in any way for any loss or
damage of any sort incurred as the result of any such dealings with any third parties,
as the result of the presence of such third parties on the Service, or as the result
of the use of the Service in any way by such third parties.
(17) Links
The Service may provide, or third parties may provide, links to other World Wide
Web or other online electronic sites or resources. You acknowledge that Vyvin has
no control over such sites and resources, you acknowledge and agree that Vyvin 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 Vyvin shall not be responsible or liable, in any manner whatsoever,
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.
(18) Vyvin's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan,
sell, distribute or create derivative works based on the Service, the Software or
the Content (excluding Content owned by you), in whole or in part.
Vyvin grants you a personal, non-transferable and non-exclusive right and license
to use the object code of our Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by Vyvin for use in accessing the Service.
(19) Disclaimer of Warranties
You expressly understand and agree that:
- Your accessing or use of the service is at your sole risk. The service is provided
on an "as is" and "as available" basis. We and our licensors, suppliers, vendors,
parent, holding, subsidiary and related companies, affiliates, officers, agents
and employees 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.
- Vyvin and its licensors, suppliers, vendors, parent, holding, subsidiary and related
companies, affiliates, officers, agents and employees make no warranty that
- The service will meet your requirements,
- The service will be uninterrupted, timely, secure, or error-free
- The service will be accessible at any time or at all times via the channel selected
or used by you,
- The information, content or advertisements (collectively, the "materials") contained
on, distributed through, or linked, downloaded or accessed from or through the service,
or the results that may be obtained from the use of the service, will be accurate
or reliable,
- The quality of any products, services, information, or other items displayed, purchased
or obtained by you through or in connection with the service ("the products") will
meet your expectations
- Any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is
done at your own discretion and risk and that you will be solely responsible for
any damage to your computer system, mobile telephone or other access device or loss
of data that results from the download of any such material.
- Any reliabnce upon or use of any materials shall be at your own discretion and risk.
We reserve the right, in our sole discretion and without any obligation, to make
any improvements to or correct any error or omissions in any part of the service
or materials. The materials are provided or made available by us on an AS IS basis
and we expressly disclaim any and all warranties of merchantability and fitness
for a particular purpose, with respect to any of the materials or the products.
- No advice or information, whether oral or written, obtained by you from Vyvin or
its licensors, suppliers, vendors, parent, holding, subsidiary and related companies,
affiliates, officers, agents and employees or through or from the service shall
create any warranty not expressly stated in the TOS.
(20) Limitation of Liability
You expressly understand and agree that we and our licensors, suppliers, vendors,
parent, holding, subsidiary and related companies, affiliates, officers, agents
and employees shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible losses (even if we or our licensors,
suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer,
agent or employee, as the case may be, have been advised of the possibility of such
damages), resulting from:
- The service, the materials and the products;
- The use or the inability to use the service;
- The cost of procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages received or transactions
entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any goods or services disposed of or messages sent or received using the service;
or
- Any other matter relating to the service, the materials or the products.
(21) Exclusions and Limitations
You acknowledge that the disclaimers and exclusions of liability set forth in Sections
17 and 18 represent a fair and reasonable allocation of the risks and benefits of
the agreement between you and us, taking all relevant factors into consideration,
including without limitation the value of the consideration provided by you to us
and the availability and costs of insurance with respect to the said risks. you
further agree that these disclaimers and limitations shall be enforceable to the
fullest extent permitted by applicable law.
(22) Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 19 and 20 again. They
go doubly for you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or investing
purposes. Vyvin and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available via
the Service, and shall not be responsible or liable for any trading or investment
decisions based on such information.
(23) 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.
(24) Notice
Notices to you may be made via either email or regular mail. The service may also
provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the service. You agree that such notices by
email or regular mail, and such display of notices or links to notices to you generally
on the Service, will constitute sufficient and adequate notice to you of the matters
contained therein.
(25) Trademark Information
You agree that all of Vyvin's trademarks, trade names, service marks and other Vyvin
logos and brand features, and product and service names are trademarks and the property
of Vyvin (the "Vyvin Marks"). Without Vyvin's prior permission, you agree not to
display or use in any manner the Vyvin Marks.
(26) Notice and Procedure for Making Claims of Copyright or Intellectual Property
Infringement
Vyvin respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide Vyvin's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the
site
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf
Vyvin's Copyright Agent for Notice of claims of copyright infringement can be reached
at the address given on
Contact Us
page.
(27) Rights of Third Parties
You acknowledge that our licensors, suppliers, vendors, parent, holding, subsidiary
and related companies, all affiliates, and our officers, agents and employees, are,
where applicable, intended to be third party beneficiaries of Sections 6, 9, 17,
18 and 19. You also acknowledge that our co-branders and other partners are intended
to be third party beneficiaries of Section 9. You agree that our licensors, suppliers,
vendors, our parent, holding, subsidiary and related companies, all affiliates,
our officers, agents and employees, and our co-branders and other partners may each
enforce, severally and in its own right, the provisions of Sections 6, 9, 17, 18
and 19 as applicable, to the extent and in the manner set out or envisaged in the
foregoing but to no further extent and in no other manner.
(28) General Information
Entire Agreement. The TOS constitute the entire agreement between you and
Vyvin and govern your use of the Service, superseding any prior understandings and
agreements between you and us and any previous statements or representations from
either party to the other party. The TOS do not apply to any affiliate services,
third-party content or third-party software that does not or cannot reasonably be
deemed to form part of the Service which may be provided to you by our licensors,
suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates
or other third parties, which may be subject to additional terms and conditions
imposed by that party. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or third-party
software.
Governing Law and Jurisdiction. The TOS and the relationship between you
and Vyvin shall be governed by the laws of the Republic of India without regard
to its conflict of law provisions. You and Vyvin agree to submit to the personal
and exclusive jurisdiction of the courts located at registered address of Vyvin.
Waiver and Severability of Terms. The failure of Vyvin 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 Vyvin
account is non-transferable and any rights to your Vyvin ID 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.
(29) Violations
Please report any violations of the TOS to our
Support
page.