- Accept this agreement and agree to be legally bound by it.
- Acknowledge that this agreement is supported by reasonable and valuable consideration, including, without limitation, your ability to visit, use and/or submit information to our Services.
- Represent and warrant that you are of legal age and have sufficient capacity and authority to form a binding contract with us on your behalf or on behalf of any company or other entity for whom you may be acting.
If you do not want to agree to the agreement or do not meet all of these requirements, you must not access or use the Services (including installation or use of the Application).
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, WHICH PROVIDES THAT YOU AND WE AGREE TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND GIVE UP ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR A JURY. YOU HAVE THE RIGHT TO OPT-OUT OF OUR AGREEMENT TO ARBITRATE. SEE THE “LEGAL DISPUTES” SECTION OF THIS AGREEMENT.
Additional terms may apply to your use of certain Services. We will provide these terms to you, post them on the Services to which they apply, and/or present them to you at the time of download or installation, as applicable. They are incorporated by reference into this agreement, unless and except as specifically set forth herein. If there is a conflict between this agreement and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
Third-Party Properties; Social Media Sites
In certain instances, you may be able to connect and/or link your account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook and Twitter. BY CONNECTING OR LINKING YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE SOCIAL MEDIA SITE (FOLLOWING YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA SITE). IF YOU DO NOT WANT INFORMATION ABOUT YOURSELF TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE.
Registration and Access Controls
If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. In no case are persons under the age of thirteen permitted to use the Services.
You are responsible for maintaining the confidentiality of your user account login names and passwords and must not permit the use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including the use of your account by other members of your household and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
Access to Services and Accounts; Acceptable Use
Without limiting any other provision in this agreement, you agree we may take any of the following actions in our sole discretion at any time and without giving you prior notice:
- Change, suspend or discontinue all or any part of the Services;
- Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
- Remove Content from the Services;
- Restrict, suspend or terminate your access to one or more Services or features thereof; and
- Deactivate your accounts and delete all related information and files in your accounts.
We will not be liable to you or any third party for taking any of these actions, and we will not be limited to the remedies above if you violate this agreement. You further acknowledge and agree that even if a copy of the Application continues to reside on your device after we make changes in our product or services offerings, the Application may not work as it did before such action. We will have no liability to you or any third party as a result.
Without limiting any other provision in this agreement, you agree not to do the following or assist others to do the following:
- Access the Services using any interface other than ours;
- Maintain any link to the Services that we ask you to remove, at our sole discretion;
- Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between us or our affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offence or give rise to civil liability;
- Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
- Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
- Interfere with others using the Services or otherwise disrupt the Services;
- Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and us;
- Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
- Access any portion of the Services that we have not authorized you to access, link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
If you violate this agreement, we may terminate your access to the Services without notice and take any other actions or seek any remedies permitted by law.
If we terminate your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to a Paid Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of this agreement, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If we terminate your access to a Paid Service because you breached this agreement, you will not be entitled to any refund.
Fee-Based Services and Single Purchases
Access and use of certain Services may be fee-based. If you accept fee-based Services, you agree to the additional terms governing all such purchases as provided to you or posted on the Services to which they apply, including all requirements to pay applicable fees and taxes. Except as otherwise provided in such additional terms, the provisions of this Section apply to such fee-based Services.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions.
We, and/or any applicable Distribution Channel, may change the pricing for (or begin charging for access to) the Application, Services and Content at any time. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason.
We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the trial period.
Certain Services may provide access to a single select paid download of Content (as defined herein). Unless otherwise provided in additional usage terms provided to you or posted on the Services or Content to which they apply, by electing to engage with such Services, you are making a one-time, non-refundable purchase of such Content in U.S. funds only. Applicable tax, GST or VAT may be calculated based on the billing address you provide and added to your purchase price. You understand that such Content is licensed to you, not sold to you, solely as outlined in this agreement and any additional usage terms within such Content as downloaded. In the event of any conflict between such additional usage terms and this agreement, the terms of this agreement will control. You will have access through the Services to Purchased Content you have downloaded for as long as your account within the applicable Services remains active, and the Purchased Content remains available to us. You may edit and customize certain Purchased Content (such as policies and tools for personal or business use) subject to any limitations set forth herein or in the Purchased Content.
Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other Content associated with the Services (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and us, we will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided herein, we reserve all rights to the Services and Content.
You are only permitted to access and view the Content for personal, non-commercial purposes following this agreement and may not build a business or other enterprise utilizing any of the Content, whether for profit or not.
This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content, and you must edit or delete it promptly upon our request. You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. As determined by us in our sole discretion, we reserve the right to prevent embedding to any website or other location that we find inappropriate or otherwise objectionable as determined by us in our sole discretion.
Some Services may include “Mash-Up Tools” that allow you to manipulate Content or combine User Submissions (as defined herein) with Content to create “Mash-Ups.” The following terms apply to your use of Mash-Up Tools, except as specifically provided in other terms accompanying the Mash-Up Tools:
- You may only use designated Content with the Mash-Up Tools, and we may revoke permission to use the designated Content at any time.
- You may manipulate or combine the designated Content using the Mash-Up Tools only as authorized and only for personal, non-commercial purposes.
- As between you and us, we own all compilation rights in the Mash-Ups and may make perpetual and unrestricted use of the Mash-Ups, and you will only retain whatever prior rights you had in your User Submissions.
- With our permission, other users of the Services may make subsequent Mash-Ups using your Mash-Ups.
- You must include any required or existing trademark, copyright or other legal notices in the Mash-Ups, and you must comply with any other usage or attribution guidelines we provide.
- If we expressly allow you to do so, you may distribute Mash-Ups under the Viral Distribution guidelines above in this agreement.
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user-generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to us and our affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully-sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
You shall not transmit, submit or post the following to our Services:
- Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libellous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without our written permission; or
- Federally trademarked and/or copyrighted information without our prior written permission.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you would continue owning it after providing it to us, subject to any rights granted in this agreement and any access granted to others. Please note that if you delete a User Submission from the Services:
- The User Submission may still exist in our backup copies, which are not publicly available.
- If your User Submission was shared with third parties, those third parties might have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
- We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions or for any action or inaction regarding transmissions, communications, or Content provided by any other user or third party in connection with or otherwise arising out of the Services.
You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to us the license above and that your User Submissions do not violate this Section.
If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
We respect intellectual property rights, and this agreement is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information specified below:
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the Services.
- 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.
DelhiMagazines may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Service or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in this agreement will not constitute a waiver of such right or provision. This agreement, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in this Agreement affects any non-waivable statutory rights that apply to you. Suppose any part of this agreement is determined to be invalid or unenforceable under applicable law. In that case, that provision will be removed or limited to the minimum extent such that the remainder of this agreement will continue to be valid and enforceable.
If you do not agree to this agreement, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account or use [email protected]. Any User Submissions you made while using the Services will continue to be governed by this agreement.
This agreement is effective until terminated. You may terminate this agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Services and Content available through the Application. We may terminate this agreement at any time for any reason or no reason.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this agreement and the termination of this agreement, except that upon termination for any reason, all licenses granted by us to you will immediately terminate.
Communications relating to the Services or otherwise referenced within this agreement may be directed to DelhiMagazines.