Terms of Use

Jivisha.com welcomes you. Jivisha provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. In addition, when using particular Jivisha owned or operated services, you and Jivisha shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Jivisha may also offer other services that are governed by different Terms of Service. Please do not use our services and or applications if you do not accept the enlisted TOS. Your use of our services and or applications via Jivisha .com websites shall be considered as your acceptance of the TOS.

Jivisha provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Jivisha to provide the Service. You also understand and agree that the Service may include certain communications from Jivisha , such as service announcements, administrative messages and the Jivisha Newsletter, and that these communications are considered part of Jivisha membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features those augments or enhance the current Service, including the release of new Jivisha properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Jivisha assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the Indian Law or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Jivisha has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jivisha has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content are appropriate for your child.

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full Privacy Policy. You understand that through your use of the Service your consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the India and/or other countries for storage, processing and use by Jivisha and its affiliates.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Jivisha of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Jivisha cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Jivisha , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Jivisha does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Jivisha be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service.

You acknowledge, consent and agree that Jivisha may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Jivisha , its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Jivisha and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

When you register with Jivisha , you acknowledge that in using Jivisha services to send electronic communications (including but not limited to email, search queries, sending messages to Jivisha Chat or Jivisha Groups, uploading photos and files to Jivisha Photos or Briefcase, and other Internet activities), you will be causing communications to be sent through Jivisha 's computer networks, portions of which are located in India and portions of which are located abroad. As a result, and also as a result of Jivisha 's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India or the country in which you reside.

Jivisha does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Jivisha the following worldwide, royalty-free and non-exclusive license(s), as applicable:

"Publicly accessible" areas of the Service are those areas of the Jivisha network of properties that are intended by Jivisha to be available to the general public. By way of example, publicly accessible areas of the Service would include Jivisha Message Boards and portions of Jivisha Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Jivisha Groups that are limited to members, Jivisha services intended for private communication such as Jivisha Mail or areas off of the Jivisha network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Jivisha .

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Jivisha through its suggestion or feedback WebPages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Jivisha is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Jivisha shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Jivisha may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Jivisha without any obligation of Jivisha to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Jivisha under any circumstances.

You agree to indemnify and hold Jivisha and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Jivisha ID), use of the Service, or access to the Service.

You acknowledge that Jivisha may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Jivisha 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Jivisha has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Jivisha reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Jivisha reserves the right to modify these general practices and limits from time to time.

Jivisha reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Jivisha shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Jivisha may, under certain circumstances and without prior notice, immediately terminate your Jivisha account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Jivisha account includes (a) removal of access to all offerings within the Service, including but not limited to Jivisha Mail, Groups, Chat, Domains, Message Boards, Greetings and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Jivisha 's sole discretion and that Jivisha shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Jivisha shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Jivisha has no control over such sites and resources, you acknowledge and agree that Jivisha is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Jivisha shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Jivisha or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JIVISHA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JIVISHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE; (vi) FAILURE OR MALFUNCTIONING OF OUR SERVERS.

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Jivisha and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Jivisha may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

Jivisha respects the intellectual property of others, and we ask our users to do the same. Jivisha may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Jivisha's Copyright Agent the following information: