Terms and Conditions
"www.kulzy.com" is the on-line World Wide Web Site service operated by Kulzy Media Pvt. Ltd. (hereinafter referred to as the "Company"), consisting of information services and content provided by third parties.
This Agreement, sets forth the terms and conditions that apply to use of this website http://www.kulzy.com/ and (or) www.kulzy.com (hereinafter referred to as "Kulzy"), by a Subscriber. The term "Subscriber" herein means all the people who establish a connection ("Account") to access and use Kulzy or for interacting with other people or in the capacity of Freelancer or Client on Kulzy with or without receiving or providing any service.
B. Restrictions on use
Kulzy is owned and operated by Kulzy Media Pvt. Ltd. ("the Company") and contains material which is derived in whole or in part from material supplied by the Company, Afaqs, Brand Equity and other third party verified sources, and is protected by copyright and trademark laws. Any material directly uploaded by a third party is a part of Kulzy but are limited by limitations of liability and third party claims. The restrictions on use of the material and content on Kulzy by the Subscriber are specified below. Except where specifically authorized, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way or form any material from this site including the code and software.
By using Kulzy (other than to read this Agreement for the first time), the Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Kulzy is personal to the Subscriber and is not transferable to any other person or entity. The Subscriber is responsible for all use of the Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. The Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any, and the company shall not be responsible in any manner whatsoever. The Company shall have the right at any time to change or discontinue any aspect or feature of Kulzy, including, but not limited to, content, hours of availability and equipment needed for access or use.
C. Changed Terms
The Company shall have the right at any time to change or modify the terms and conditions applicable to the Subscriber's use of Kulzy, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on Kulzy, by electronic or conventional mail, or by any other means by which the Subscriber can obtain notice thereof. Any use of Kulzy by the Subscriber after such notice shall be deemed to constitute acceptance by the Subscriber of such changes, modifications or additions.
The Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Kulzy and all charges related thereto.
E. Conduct of Subscriber
The Subscriber shall use Kulzy for lawful purposes only. The Subscriber shall not post or transmit through Kulzy any material which violates or infringes in any way upon the rights of others, which is unlawful, illegal, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to liability civil and (or) Criminal or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation with respect to products or services, more specifically towards the Plug Into Projects.
Any conduct by a Subscriber that in the Company's discretion, restricts or inhibits any other Subscriber from using or enjoying Kulzy shall not be permitted. The Subscriber shall not use Kulzy to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Kulzy. Kulzy contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of Kulzy are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The Subscriber may download copyrighted material for the Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The Subscriber acknowledges that he does not acquire any ownership rights by downloading copyrighted material. When utilizing Kulzy content, we ask that you give credit where appropriate and don't edit our content – or content that belongs to others without permission. The Subscriber shall not upload, post or otherwise make available on Kulzy any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Subscriber. The Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Kulzy, the Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. The Subscriber hereby grants the Company the right to edit, copy, publish and distribute any material made available on Kulzy by the Subscriber. The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
F. Disclaimer of Warranty: Limitation of Liability
The Subscriber expressly agrees that use of Kulzy is at the Subscriber's sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Kulzy will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Kulzy, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Kulzy.
Kulzy is provided on an "As Is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. The Subscriber specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties in cases including but not limited to any interactive communication on or through the site and that the risk of injury from the foregoing rests entirely with the subscriber(s).
In no event will the Company, or any person or entity involved in creating, producing or distributing Kulzy or Kulzy software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Kulzy. The Subscriber hereby acknowledges that the provisions of this section shall apply to all content on Kulzy. Kulzy undertakes that for all communication it sends to subscribers with third party messages shall always give such subscribers an option to request Kulzy to stop sending them these messages, by way of unsubscribing from the same, or any other means the subscriber follows.
The Company shall have the right, but not the obligation, to monitor the content of Kulzy, all interactive communication including but not limited to Kulzy Source, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Kulzy. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including advocate's fees, arising out of the use of Kulzy by the Subscriber or the Subscriber's Account.
The Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including advocate's fees, arising out of the use of Kulzy by Subscriber or Subscriber's Account.
J. Third Party Trademarks
Kulzy is sponsored by many sponsors and the site carries on advertising or information/ content as provided by the said sponsors or content providers and all or any other trademarks Logo and trade names being shown or used on the site are the property of their respective owners.
K. Third Party Content and Internet Hyperlinks
The Company is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, the Company has no editorial control over such content. Any opinions, advice, statements, services, offers, graphics, design or other information or content expressed or made available by third parties, including information providers, the Subscribers or any other user of Kulzy, are those of the respective author(s) or distributor(s) and not of the Company. The Company does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Kulzy represents the opinions and judgments of the respective information provider, the Subscriber, or other user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Kulzy by anyone other than authorized the Company employee spokespersons while acting in their official capacities. The Company has provided or may provide links and pointers to Internet sites maintained by third parties. Neither the Company, its parent or subsidiary companies if any, nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials on Kulzy and the third-party sites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including Kulzy Source, or the server that makes it available, are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. The Subscriber (and not the Company) assume the entire cost of all necessary maintenance, repair or correction. Under no circumstances will the Company be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Kulzy. It is the responsibility of the Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Kulzy. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for Kulzy’s Site established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Delhi shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
M. Report Abuse
Pornography, hate speech, threats, graphic violence, bullying, and spam are not allowed on Kulzy. Fake profiles (impostor accounts) created to imitate real people are not allowed on Kulzy. Please note Kulzy reserves all the rights to remove the content or block the profile if someone is found posting abusive content.
In the event you want information or clarification of the terms and conditions of the Service Agreement you may contact: email@example.com or 0971 719 7661
The Company Web-site www.kulzy.com is maintained by Kulzy Media Pvt. Ltd.
Corporate / Registered Office :
A 12/13, Ground Floor, Sec 16
Noida, Uttar Pradesh, 201301