Terms & Conditions
Welcome to IndradhanushGems.com
1. Electronic Agreement
2.Terms
3. Non-Commercial Use
4.Privacy
5. Content Posted By You
a) You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or the Website, or transmit to other Members. You will not post or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to IndradhanushGems.com or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify IndradhanushGems.com of such change. IndradhanushGems.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, IndradhanushGems.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, IndradhanushGems.com may, in its sole discretion, terminate your Membership without a refund.
b) You understand and agree that IndradhanushGems.com may review and delete any content, messages, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of IndradhanushGems.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either IndradhanushGems.com and/or its Members.
c) By posting Content to any public area of IndradhanushGems.com, you automatically grant, and you represent and warrant that you have the right to grant, to IndradhanushGems.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by IndradhanushGems.com will not infringe or violate the rights of any third party.
d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. IndradhanushGems.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
i) that is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii) harasses or advocates harassment of another person;
iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
iv.) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v) 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 images, audio or video, or links to pirated images, audio or video files;
vi) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
x) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e.) Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f.) You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although IndradhanushGems.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
g) All information you include in your Member profile must be accurate, current and complete.
6. Eligibility
7. Right to form Consortium/Associates
8. Proprietary Rights
a) IndradhanushGems.com owns and retains all proprietary rights in the IndradhanushGems.com website and the IndradhanushGems.com Service. The Website contains the copyrighted material, trademarks, and other proprietary information of IndradhanushGems.com, and its licensors. Except for that information which is in the public domain or for which you have been given permission, you cannot copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by IndradhanushGems.com without refund of any of your unused Subscription fees.
b) Reliance on Content, Advice, Opinions, statements, offers, or other information or content made available through the IndradhanushGems.com Service or the IndradhanushGems.com Website, but not directly by IndradhanushGems.com are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. IndradhanushGems.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will IndradhanushGems.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members. Any advice, opinions, or other information or content provided directly by IndradhanushGems.com through the Advice Section, User Forum, or Community Forum should not necessarily be relied upon. We recommend you to visit a certified professional for any such advice, option, or information. Under no circumstances will IndradhanushGems.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
9.Prohibited Activities
IndradhanushGems.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
a. You will not impersonate any person or entity.
b. You will not “stalk” or otherwise harass any person.
c. You will not send “abusive, obscene, or sexually oriented” message(s) to other members.
d. You will not express or imply that any statements you make are endorsed by IndradhanushGems.com without our specific prior written consent.
e. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
f. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
g. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
h. You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the Website.
i. You will not post, email or otherwise 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.
j. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
k. You will not “frame” or “mirror” any part of the Service or the Website, without IndradhanushGems.com prior written authorization. You also shall not use meta tags or code or other devices containing any reference to IndradhanushGems.com or the Service or the site in order to direct any person to any other web site for any purpose.
l. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
10. Modifications to Service
11. Disclaimer of Warranties and Limitation of Liabilities
YOUR USE OF THE IndradhanushGems.com SERVICE IS AT YOUR SOLE RISK
PLEASE NOTE THAT THIS CONTRACT STRICLY LIMITS OUR LIABILITY AND IndradhanushGems.com DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. THE CONTRACT ALSO LIMITS YOUR REMEDIES
a.) IndradhanushGems.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.
b.) 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.
c.) LIMITATION ON LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT IndradhanushGems.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 LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IndradhanushGems.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICE;
(II) 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;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
d.) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IndradhanushGems.com LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IndradhanushGems.com, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
12 .Dealing with Advertisers
Any of 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 IndradhanushGems.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.
13. Disputes and Applicable Law
If there is any dispute about or involving the Site and/or the Service, by using the Site, you unconditionally agree that all such disputes and/or differences will be governed by the laws of India and shall be subject to the exclusive jurisdiction of the Competent Courts in Pune (Maharashtra), India only.
14. Indemnity by You
15. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
16. Other
This Agreement contains the entire agreement between you and IndradhanushGems.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the site. If you notice any abuse or misuse of the site or anything that is in violation of this Agreement, you shall forthwith report such violation to IndradhanushGems.com by writing to Customer Care. On receipt of such complaint, IndradhanushGems.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a member shall make such member liable for termination of his/ her membership without any refund of the subscription fee.
Please contact customer service with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.