PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Terms of Use
These Terms of Use ( “Terms”) are made between MissMalini.com and you as a “site visitor” and/or “registered user” (“User”/ “You”).
These Terms of Use set forth the legally binding terms of your use of the MissMalini.com website located at www.missmalini.com.
By using and/or visiting this website, the MissMalini application or any other platform through which MissMalini.com is accessible (“MissMalini”), (collectively, including all content available through the MissMalini.com domain name, (the “Website” or “Site”) You signify your assent to both these terms and conditions (“Terms of Use”) and the terms and conditions of MissMalini’s Privacy Policy (the “Privacy Policy”), which is published on the Website for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests, if any, you shall be subject to any additional guidelines or rules applicable to such services.
Kindly print these Terms of Use or save a copy of these Terms of Use for your records. If you do not agree to any of these terms, then please do not use the Website.
The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of these Terms.
Changes
You can access the Website, subject to the terms and conditions of use, as changed/updated from time to time entirely at the discretion of MissMalini Entertainment Private Limited as set out below. These Terms of Use are for an indefinite term and you understand and agree that you are bound by such terms till the time you access the Website.
We reserve the right at any time to change the Terms of Use. We also reserve the right to suspend/cancel, discontinue a service at any time without notice and make modifications and alterations in any or all of the content, products, features and services or change/charge any fees or charges for use of the services contained on the Website without prior notice. You shall be notified of any change to the Terms as per applicable laws. You will be deemed to have accepted such change/s if you continue to access the website subsequent to such changes.
The Provisions Governing Your Use of the MissMalini Website
MissMalini.com is an online site and has its principal place of business at Amardeep, Suite #4, First Floor, North 17th Rd, Santacruz West, Mumbai, Maharashtra, India.
You are only authorised to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the Privacy Policy.
Please note that these Terms of Use apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website.
Links to Third Party Websites
The Website may contain links to third party websites that are not owned or controlled by MissMalini. MissMalini has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, MissMalini will not and cannot censor or edit the content of any third party site. By using the Website, You expressly relieve MissMalini from any and all liability arising from your use of this Website and any third party website as aforesaid. Accordingly, we encourage You to be aware when You move out of the MissMalini Website to read the terms and conditions and privacy policy of other websites that You visit.
MISSMALINI WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES INCLUDING SELLERS OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
Submission and Ownership of Content
You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services and happenings of the city of Mumbai or otherwise, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted (“Content”) on the MissMalini website, and any material or information that you transmit to other users for your interactions with other Users. MissMalini does not endorse and has no control over the Content. Content is not necessarily reviewed by MissMalini prior to posting and does not necessarily reflect the opinions or policies of MissMalini. MissMalini makes no warranties, express or implied, as to the Content posted or submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the Content posted or submitted by Users or any material or information that you transmit to other Users.
Under no circumstances, we will be liable in any way for any content, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for 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 such Content posted or uploaded. By posting comments and other community services You agree not to upload, post or otherwise transmit any matter or views, which are threatening, defamatory, abusive, obscene, offensive, illegal, infringement of other’s rights including intellectual property rights, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person/user or download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner.
MissMalini reserves the right, but has no obligation, to monitor disputes between You and any entity which you have reviewed.
In addition to what is stipulated above, the following is a non-exhaustive list of the kind of Content and communications that are illegal or prohibited on/through the MissMalini Website. MissMalini 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 MissMalini service and terminating the membership of such violators or blocking your use of the MissMalini service and/or MissMalini Website.
You May Not Post Content That
– is false or intentionally misleading;
– is patently offensive to users of the MissMalini Website, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– involves the transmission of unsolicited mass mailing or “spamming”;
– promotes illegal activities or conduct that is abusive;
– is threatening, obscene, defamatory or libellous;
Use of Website
MissMalini hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) Your use of the Website as permitted is solely for Your personal, non-commercial use; (ii) You will not copy or distribute any part of the Website in any medium without MissMalini’s prior written authorization; (iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use.
Registration and Security
In order to access some features of the Website, You may now or in the future have to create an account. You may never use another user’s account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MissMalini immediately of any breach of security or unauthorised use of Your account. Although MissMalini will not be liable for your losses caused by any unauthorised use of your account, You may be liable for the losses of MissMalini or others due to such unauthorized use. In consideration of Your use of the Website and services, You agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorised use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of a person other than yourself without appropriate authorization. MissMalini reserves the right to refuse registration of, or cancel a User ID in its discretion.
The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will MissMalini be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against MissMalini in this regard.
Users of the Website may be required to provide certain personal information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available at https://www.missmalini.com/privacy.
Restriction of Right to Use
KINDLY NOTE THAT MISSMALINI PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the MissMalini Website and that you provide to other Users. Your MissMalini Content must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN THE ABOVE REFERRED ACTIVITIES.
You may not post content that seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Any User who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MissMalini assumes no responsibility or liability for this material. If You become aware of misuse of the services provided by MissMalini by any person, please contact us at info@missmalini.com.
You Shall Not (and you agree not to allow any third party to):
-modify, adapt, translate, or reverse engineer any portion of the MissMalini Website and/or MissMalini service;
– remove any copyright, trademark or other proprietary rights notices contained in or on the MissMalini Website and/or MissMalini service;
– use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the MissMalini Website and/or MissMalini service;
– collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other MissMalini users;
– reformat or frame any portion of the web pages that are part of the MissMalini Website and/or MissMalini service;
– create user accounts by automated means or under false or fraudulent pretenses;
– create or transmit unwanted electronic communications such as “spam” to other users of the MissMalini Website and/or MissMalini service or otherwise interfere with other user’s enjoyment of the MissMalini Website and/or MissMalini service;
– submit any third-party materials or Content without such third party’s prior written consent;
– submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by MissMalini;
– submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
– transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
– use of the MissMalini Website or MissMalini services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
– copy or store any Content offered on the MissMalini Website other than for your own use;
– submit Content or materials that are unlawful or promote or encourage illegal activity;
– submit false or misleading information to MissMalini;
– take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
– use the MissMalini Website and/ or MissMalini service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
– collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Content Filtering
MissMalini.com takes no responsibility nor does it endorse or recommend any of the stories, comments, opinions, views or ideas contributed by its users and/or authors. However, MissMalini.com permits others to make judgments about your Content that may affect the display of your Content. Further, MissMalini.com may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, MissMalini.com may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve MissMalini.com’s relationships with its service providers (such as its Internet access providers). Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Below 18 Years of Age
Use of and membership in the MissMalini Website is void where prohibited. By using the MissMalini Website, you represent and warrant that (a) you are 18 years of age or above (b) your use of the MissMalini Website does not violate any applicable law, rule or regulation. Your profile, if any, may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age.
The Website is NOT directed to or intended for people under the age of 18. Users less than 18 years of age may not register to use the Website. MissMalini does not knowingly collect any personal information from users under the age of eighteen. If you are a parent of a person under the age of eighteen and you have questions about our Website or Privacy Policy, please feel free to contact the MissMalini Privacy Coordinator at info@missmalini.com.
These Terms of Use shall remain in full force and effect while you use the MissMalini Website.
Charges
You acknowledge that MissMalini may reserve the right to charge for the services in the future on the Website or to change its fees from time to time at its discretion. If MissMalini terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees, if any.
Personal Use
The Website including the services provided on the Website are for the personal use of users only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by MissMalini. Illegal and/or unauthorised use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorised use of the MissMalini services.
Intellectual Property Rights and No Re- transmission of Information
MissMalini.com as well as the design and information contained in this Website is the valuable, exclusive property of MissMalini.com, and nothing in these Terms of Use shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
The Content on the Website, except all User Submissions (as defined below), including without limitation, the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to MissMalini, subject to copyright and other intellectual property rights under Indian laws and conventions.
Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and MissMalini.
You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share MissMalini.com, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorised in writing by MissMalini.com prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of MissMalini.com without prior written authorization.
MissMalini reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Important Usage Conditions and Related Provisions
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MissMalini does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
i.) You own or have the necessary licenses, rights, consents, and permissions to use and authorize MissMalini to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MissMalini, you hereby grant MissMalini a worldwide, non-exclusive, royalty-free, sub – licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.
In Connection With User Submissions, You Further Agree That You Will Not
(i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant MissMalini all of the license rights granted herein:
- Publish falsehoods or misrepresentations that could damage MissMalini or any third party;
ii. Post advertisements or solicitations of business;
iii. Impersonate another user.
MissMalini does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MissMalini expressly disclaims any and all liability in connection with User Content and submissions. MissMalini does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MissMalini will remove all Content and submissions if properly notified that such Content or submission infringes on another’s intellectual property rights. MissMalini reserves the right to remove Content and User submissions without prior notice. MissMalini will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer (except in the case of pornographic content) is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
In particular, if You are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, You may submit a notification of the same to sejal@missmalini.com with the following information in writing:
i. A physical or electronic signature of a user authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
You understand that when using the Website, You will be exposed to User submissions from a variety of sources, and that MissMalini is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User submissions. You further understand and acknowledge that you may be exposed to User submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Website with respect thereto, and agree to indemnify and hold MissMalini, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Undertakings
You hereby confirm undertake and agree that:
i. You are 18 years of age or above;
ii. You are solely responsible for all the Content that You upload on MissMalini and all activities that occur under your password or user name;
iii. You will not upload any infringing or potentially infringing content, any illegal content or any prohibited content or any content that violates any laws or any right of any party;
iv. We may terminate your use of the Site and/or the services at any time if you breach any of these Terms of Use or our general terms of use or at our sole discretion if we have reason to believe that your use of the service is causing us prejudice or to the other users;
v. You shall comply with laws as applicable from time to time regarding the usage of our website; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service;
vi. The Website and all its features are made available to you on an ‘AS IS’ basis for your information and personal use only and you have no right to commercially exploit the website or any feature of the website;
vii. MissMalini disclaims all warranties, express or implied, in connection with the website and your use thereof;
viii. Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of Mumbai, India;
ix. You hereby accept that you have perused our detailed Terms of Use available on our website to understand the terms and conditions concerning the usage of our website; and
x. You will use your best efforts to notify us of any illegal use of our website by any user, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on our Website. However your inability for any reason not to notify us will not render you liable for the termination of our services.
Delays in Services
Neither MissMalini.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
Equipment and Operation
You shall provide and maintain all telephone/internet and other equipment necessary to access the Website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website.
Disclaimers
YOU AGREE THAT YOUR USE OF THE MISSMALINI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MISSMALINI, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MISSMALINI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MISSMALINI WEBSITE. MISSMALINI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MISSMALINI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MISSMALINI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INCLUSION OF ANY LINKED WEBSITE ON THE MISSMALINI WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY MISSMALINI. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. MISSMALINI TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE MISSMALINI WEBSITE OR THROUGH THE MISSMALINI SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. MISSMALINI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MISSMALINI SERVICES. MISSMALINI ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR S ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. MISSMALINI IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE MISSMALINI SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE MISSMALINI SERVICES. UNDER NO CIRCUMSTANCES SHALL MISSMALINI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE MISSMALINI SERVICES, ATTENDANCE AT A MISSMALINI EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE MISSMALINI SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE MISSMALINI SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN CONTRACT TORT OR OTHERIWSE. THE MISSMALINI SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND MISSMALINI EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MISSMALINI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE MISSMALINI SERVICES.
Limitation of Liability:
IN NO EVENT SHALL MISSMALINI, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION OR DATA WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MISSMALINI WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MISSMALINI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by MissMalini from its facilities in India. MissMalini makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
Indemnity:
You agree to defend, indemnify and hold harmless MissMalini, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorneys fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the Website; (ii) your violation or non- compliance of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
- 1. conform to legal requirements or comply with legal process;
2. protect and defend our rights or property or our affiliated companies;
3. enforce the Terms of Use; or
4. act to protect the interest of our members or others.
Our performance of these Terms of Use are subject to compliance with existing laws, rules, regulations, as may be applicable, and legal processes and nothing contained in these Terms of Use are in derogation of our rights to comply with any governmental, court and law enforcement requests or requirement relating to your use of the Website or services or information provided to or gathered by us with respect to such use.
Ability to accept Terms of Use:
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MissMalini without restriction.
Trade Mark
MissMalini is a proprietary registered Trade Mark of MissMalini Entertainment Private Ltd.
Copyright:
All material available on this Website is protected by copyright laws (depicted as © MissMalini Entertainment Pvt. Ltd. All rights reserved). Access to the MissMalini services and Content is subject to the Terms of Use which you accepted during the registration process and/or by using the Website. These Terms of Use contain warranty disclaimers, guidelines for link to other websites & linking disclaimer and limitation on use.
Governing Law and Arbitration
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, India.
Miscellaneous
You agree that: (i) the Website shall be deemed solely based in India; (ii) the section titles in these Terms of Use are for convenience only and have no legal or contractual effect; and (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and MissMalini. Nothing contained in these Terms of Use shall constitute you as the agent of MissMalini or otherwise entitle you to have authority to bind MissMalini for any purpose.
These Terms of Use together with the Privacy Policy and any other legal notices published by MissMalini on the Website, shall constitute the entire agreement between you and MissMalini concerning the Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MissMalini’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MissMalini reserves the right to amend these Terms of Use at any time, and it is your responsibility to review these Terms of Use for any changes. You shall be notified of any change to the Terms as per applicable laws. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
YOU AND MISSMALINI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MISSMALINI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact and Violations
Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use using our contact form
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