AOL INDIA TERMS OF SERVICE
Welcome to AOL India!
We offer you the software, content and services (the "Services") of AOL Online India Private Limited (“AOL India") on the condition that you agree to the following terms.
YOU ACCEPT THE FOLLOWING TERMS ELECTRONICALLY BY USING THE SERVICES AS A VERIFIED SUBSCRIBER OF A MOBILE NETWORK AND OR INTERNET SERVICE PROVIDER IN INDIA (THE "TERMS OF SERVICE").
Please Read These Terms of Service carefully.
When your acceptance of these terms reaches our servers through your affirmative act of using the Services from your registered mobile number and or MAC and or IP address, a binding agreement is made electronically between you and AOL India ("we" or "us"). You agree that the laws of India shall govern the interpretation of these Terms of Service and apply to claims for breach of these terms. You agree to resolve any dispute by arbitration under the procedures we disclose below. If you do not agree to these Terms of Service, do not use the Services.
While using the Services, you agree to abide by the following conditions:
You shall use the Services for lawful purposes only;• You may not submit or transmit through the Services any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to prurient interest;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including us and our employees and agents;
- attempts to exploit a minor (under the age of 18);
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms of Service, guidelines or any policy posted on the Services, or interferes with the use of the Services by others.
You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
About the Services
The Services are intended for general audiences. You acknowledge that our Services will evolve over time and, therefore, we have the right to change or discontinue any Service or part thereof at any time and without notice. We reserve the right to make modifications and alterations in the information contained on the Services without notice. In order to maximize capacity for the benefit of all our users, we may impose general operating rules for any Service, such as, establishing limits on texting, saving, storing, uploading or downloading any data and or content from the Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
Our Services also include a search product designed for personal, entertainment and informational purposes only. Results shown on this search engine will include links to content hosted and served from third party websites. Some content and some of these sites may contain materials that are objectionable, unlawful, or inaccurate. By providing access to such content or such links and websites, it does not mean that we endorse the content, links or websites including any third party sites or services. You acknowledge and agree that we are not responsible or liable to you or any third party for any content or other materials hosted and served from these third party sites. This search engine is a consumer service and is not designed to be used in connection with your, your employers' or contractors' commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
Changes to the Terms; Supplemental Terms
You must be legally competent to enter into agreements. You agree that we may modify these Terms of Service at any time to adapt to changes that we may make to the Services. You are responsible for checking these Terms of Service periodically for changes. Your ongoing use of the Services after the changes take effect signifies your agreement to the new terms. Certain channels and category of Services may be subject to additional terms that will supplement these Terms of Service, which you agree will be binding on you when you use those Services.
Usage of Features
Certain features of the Services such as sending SMS to the Services, texting, commenting, rating or any other interactive feature of the Services may be subject to user verification or authentication at our discretion. To use the Services or any part thereof a user must be a verified User of a mobile network and or an internet service provider in India. At our discretion we may at any time verify the User details from the carrier or a government agency. In order to use the Services, you will need to be a valid user or subscriber of a mobile or internet service provider in India. Any use of the Services outside the guidelines of the mobile network and or the internet services or not complying with the laws of India are illegal and prohibited. You may not post any comment and or send any SMS that is obscene, profane, racist, sacrilegious, defamatory, derogatory, threatening, vulgar, attempts to impersonate another person, or violates the law or the rights of others. We may reject or modify any comment or SMS that we determine in our discretion is unacceptable without informing the User or sender.
We reserve the right to deactivate your use of the Services if your mobile number or account has been inactive for more than 30 days. You must use your account regularly, such as, by logging into the Services in order to keep your usage active.
You may not use the Services or our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or transmission through the Services. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
You are responsible for all costs in obtaining the equipment, mobile / internet connection and associated data / SMS charges that you will need to access or interact with the Services. You are responsible for checking with your mobile service provider or internet service provider to determine all costs that you may incur in accessing the mobile Internet and our services.
Fees and Payment
We or one of our affiliates may offer premium services and content through the Services for a fee. Payment and other applicable purchase terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms that shall supplement these Terms of Service.
Content You Post to Public Areas
Certain areas of the Services may allow you to submit or post material, such as text SMS, software, images, audio and video ("Content") that can be accessed and viewed by others, including the Internet and mobile audience in general. You may not submit Content on or through the Services that you do not have a right to make available under any law or under contractual or fiduciary relationships. You may not submit Content that violates these Terms of Service. We do not claim ownership of any Content that you may post. However, by submitting Content to on the Services, you grant us, our parent, affiliates, and distributors a royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide in any medium.
Contest Competitions and Events
If a contest, competition or event is organized or promoted through our websites or any contest related information is made available in our websites or via SMS, it shall be governed by the terms stated in the following herein in addition to other terms and conditions which may be specifically applied per contest, competition or event:
- AOL India employees, relatives, affiliates, and friends cannot participate in any contest, competition or event and shall stand disqualified with immediate effect even if participated and shall be liable to return the prize or benefit received and at our sole discretion pay penalty, damages and compensation and indemnify us against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives;
- All taxes, levies, cesses or statutory claim for the charge or fee paid to us or for contest competition or complimentary gifts and prizes shall be borne and paid by you, whether past, present or future, including penalties or claims on any nature whatsoever;
- The participant grants irrevocable license to AOL India to exploit, display, market the picture/s and video/s uploaded on the website/page;
- In case the contest is organized by us, we reserve the right to change/ modify terms and conditions and/ or criteria of the contest and/ or the prize for the contest, at any time at their own discretion and without any prior notice and without assigning any reason and shall not be responsible for the quality or deficiency etc. of the prize/s and no claim or request, whatsoever, in this respect shall be entertained by us;
- All contest, competition and complimentary shall be inclusive of taxes, stamp duty, registration charges, levies, cesses and fees of lawyers engaged by us and administrative charges;
- For all contest, competition and complimentary, you will be liable for compliance under all laws. Noncompliance by you of any law shall entitle us return of any prize or gifts and indemnification against any claims, expenses or liabilities by any person, entity or third party including statutory authorities;
- The cost of connectivity including but not limited to GPRS activation charges, charges for sending/receiving SMS from designated numbers will be borne by you and charges for aforementioned will be specified by your telecom operators; and
- Participation in this contest and/or acceptance of the prize/s by the winner implies acceptance of this Terms of Service and constitutes permission to us and its affiliates to shoot videos, click photographs of the winner/s and use the winner's name, photographs, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever.
- The Company is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. The Company is not responsible for theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. The Company is not responsible for inaccurate transmissions of or the Company’s failure to receive Participant’s output information on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Company. If for any reason a portion of the Contest website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the contest, the Company reserves the right at its sole discretion to cancel, terminate, modify or suspend the contest. The Company reserves the right to select winners from eligible submissions received as of the termination date. The Company further reserves the right to disqualify any individual who tampers with the submission process.
- Under no circumstances shall the submission of an entry into the contest, the awarding of a prize, or anything in these Terms be construed as an offer or contract of employment with the Company. You acknowledge that you have submitted your entry voluntarily and not in confidence or in trust. You further acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and the Company and that no such relationship is established by your submission of an entry under these Terms.
- In order to enter the contest, you must agree to these terms and conditions. Therefore, please read these terms prior to entry to ensure you understand and agree. You agree that submission of an entry in the contest constitutes agreement to these Terms. You may not submit an entry to the contest and are not eligible to receive the prizes unless you agree to these terms. These terms form a binding legal agreement between you and the Company with respect to the contest.
- If any provision(s) of these terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
No Warranties on Content
THE CONTENT AND INFORMATION ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS." You are using the Content and information at your own risk. We are under no obligation to you regarding the content, accuracy, conformity to applicable laws of material made available on the Internet. We have no duty to pre-screen Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. All Content on the Services is offered for general information or use only. The Content does not constitute advice and should not be relied upon in making any decision. You agree to assume the responsibility to make proper independent enquiries about the nature and accuracy of the information provided on the Services.
Any dealings that you have with advertisers found on the Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. The advertisers who submit material for use on the Services are solely responsible for ensuring that their materials comply with applicable International and National law.
Content You May Use
We, our suppliers, and our other users who lawfully post Content on the Services own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. You understand and agree that a violation of these proprietary rights may subject you to civil and criminal penalties. Provided that you comply with these Terms of Service, we offer you a limited right to view and listen to the Content for personal, non-commercial purposes. The rights we give you may not be transferred or sublicensed. We may revoke these rights at any time. Unless we expressly provide otherwise, you may not download, save, distribute or otherwise make unauthorized copies or derivative works of any Content. You may not use any technologies to violate these Terms of Service. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. Any Content that we or our suppliers expressly offer for download on the Service, such as photos and music, are for personal use only and will be subject to additional usage rules that supplement these Terms of Service. Visit our Copyright Permission Page for information on how you can request permission to reproduce certain Content from the Services.
We or our suppliers may provide you with software to use with the Services ("Software"). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access certain Services only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate.
Your license will end on the date your applicable Service ends. Your license will also end if we modify the Service in a way that no longer supports the Software. We may disable the Software after the date the Service ends.
Notice and Procedure for making claims of Copyright or Intellectual Property infringement
We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your intellectual property rights (such as copyright and trade mark rights) have been infringed, please inform us in writing along with the relevant documents.
You understand that the procedure for uploading any content/information in the website is not manually controlled. However, in appropriate complaints and sometimes on reasonable apprehension AOL India has the right to remove any content which violates or likely to violate any third party intellectual property rights.
For a copyright infringement we shall follow the following procedure:
- (a)expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy; and
- (b)after removing or disabling access to the allegedly infringing electronic copy, expeditiously take reasonable steps to notify the person who had made that electronic copy available ("Content Owner").
If the Content Owner provides a counter-notice that complies with the relevant requirements of the Indian Copyright Act and Rules ("Compliant Counter-Notice"), and the Compliant Counter-Notice is provided to us within [●] of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing electronic copy ("Notification Date"):
- (a)we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing electronic copy, if it is technically and practically feasible to do so; and
- (b)if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing electronic copy (where it is technically and practically feasible to do so), the owner of the copyright in question or the performer of the performance in question (as the case may be) commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing electronic copy, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing electronic copy.
If the Content Owner does not provide a Compliant Counter-Notice within 6 weeks of the Notification Date, we will take no further action and we will consider the case to be closed.
Other types of infringement
For all other infringements (that is, that are not a Copyright infringement), the notice of infringement must be accompanied by the following documents in the English language:
- (a) an affidavit or statutory declaration (which complies fully with the applicable laws in the place where such affidavit or statutory declaration is made) containing or stating the following matters: (i) a statement that all of the matters set out in the notice of infringement are true and accurate, and in this regard, a copy of the duly-completed and signed notice of infringement must be exhibited and referred to in the affidavit or statutory declaration; and (ii) a statement that the notice of infringement is being sent to us in good faith and for the purposes of enforcing the intellectual property right in question; and
- (b)a duly-completed and signed indemnity.
Once we receive the notice of infringement together with the affidavit or statutory declaration and the standard indemnity as required under this Terms of Service, we will proceed to remove or disable access to the allegedly infringing material.
If we do not receive either or both of the affidavit or statutory declaration and the standard indemnity as required under this Policy, or we received both of them but we determine (in our sole discretion) that either or both of them do not comply with the requirements of this Terms of Service, including but not limited to either or both of them not being in the English language, we reserve the right to take any or no action, as we deem appropriate in our sole discretion. If we decide to take no action, we will consider the case to be closed.
Information for users
Where we have removed or disabled access to any material pursuant to a notice of infringement alleging a Copyright Act infringement, we will first send a brief notification to the user to inform him of this removal and such other information (including information on how to send a Compliant Counter-Notice) as may be useful to the user.
We may also, in accordance with his Terms of Service and in appropriate circumstances and at our sole discretion, disable and/or terminate (whether partially or completely) without notice the accounts of users who may be infringing the intellectual property rights (including but not limited to copyrights and trademarks) of others.
You are using the Software and Services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.
We Make No Warranties
We provide the Services "AS IS", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. ALL TERMS IMPLIED BY THE SALES OF GOODS AND SUPPLY OF SERVICES ACT, 1980, ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION, SECTION 39 OF THE SALES OF GOODS AND SUPPLY OF SERVICES ACT. WE MAKE NO WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM SERVICES IS SUBJECT TO THESE TERMS OF SERVICE AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. We are not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AOL REPRESENTATIVE SHALL CREATE A WARRANTY. We make no representation that any material on the Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such material from some jurisdictions. Those who choose to access the Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
- AOL India takes no responsibility in the event information posted by the User is not displayed in the website due to SMS short code interruption or any other event on which AOL India has no direct or indirect control.
- The User understands the AOL India does not host the contest or event, neither it has any right to decide the course of any action or actions forming part of this event. AOL India merely acts as the promotional partner and does not bear any responsibility, direct or indirect, in relation to the organization and performance of contest or event.
Limitation of Liability
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR, OUR PARENT'S AND OUR SUPPLIERS' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY (AND THE LIABILITY OF OUR PARENT AND SUPPLIERS) IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may cancel or suspend your access to the Services or usage and related comments, text SMS at any time, without cause and/or without notice. We may terminate and/or suspend your account immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Services, if your account has been deactivated for inactivity (see the "Inactive Status" section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use the Services will end once your Services are cancelled or terminated, and any data you have stored on such a Service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you begin using the services.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services arising out of the contents you submit, e-mail, transmit or make available through the Services, your violation of these Terms of Service, or your violation of any rights of another user of the Services. YOU RECOGNISE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
Our disclaimer and limited liability as set out in these Terms of Service are fundamental elements of the basis of the bargain services to be provided to you by us. You agree that we would not otherwise be able to offer services on its present basis without such limitations. This clause shall survive any termination of these Terms of Service.
Electronic Contracting and Notices
You understand and agree that we are an online business and that we transact with our users electronically and not in paper form. Your affirmative act of using the Services s signifies your acceptance of these Terms of Service and your agreement to transact with us electronically.. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that has been provided to us by you before using of the Services , (2) to any e-mail account you open with a Service, or (3) by posting the Notice on the applicable Service.
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You understand and agree that you are contracting with AOL Online India Private Limited and the laws of India govern the interpretation of these Terms of Service and apply to claims for breach of these terms. Any act by you that signifies your acceptance of our terms shall be deemed "received" when any notification of your acceptance (e.g., a click-through) reaches our servers. Except as specifically provided otherwise in these Terms of Service, you further agree that the following procedures will apply for any claim or dispute that you may have against us relating in any way to these Terms of Service, your membership or your use of the Services (the "Dispute"):
- A Dispute will be deemed to arise when one party serves on the other party a notice stating the nature of the Dispute (a "Notice of Dispute").
- Both parties will use reasonable efforts to resolve any Dispute through negotiations.
- If a Dispute cannot be resolved through negotiations within thirty (30) business days from service of the Notice of Dispute, you and we agree that, before mutually submitting to the jurisdiction of courts in Bangalore, India, such Dispute shall be submitted to and finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 ("Arbitration Act") under the following conditions:
- All arbitration proceedings shall be conducted in English and a daily transcript in English shall be prepared;
- There shall be one arbitrator, to be mutually selected and appointed by both the parties. - The decision of the arbitrator shall be final and binding on all parties to the arbitration proceeding;
- The venue of arbitration shall be in Bangalore, India; and
- the arbitration for the Dispute shall be deemed an "international commercial arbitration" for purposes of the Arbitration Act.
These Terms of Service or your use of the Services does not create any joint venture, partnership, employment or agency relationship between the two of us. You agree that these Terms of Service are not intended to confer and does not confer any rights or remedies from us upon any person other than you.
AOL India may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
If AOL India fails to exercise any right or remedy under this Terms of Service that failure will not operate as a waiver of that right or remedy or prevent it from being exercised simultaneously.
Additional terms that apply to specific Services available on the AOL India web services are set out in the relevant sections of the Services.
Your sole responsibility
The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).