1. This Agreement sets out the legally binding terms for your use of our website and membership. This Agreement may be modified by www.PopcornStay.com from time to time, effective upon notice to you as a visitor, user and Member.
3. APPLICABLE LAW
This site is created and controlled by www.PopcornStay.com in, India; as such the laws of India shall apply; courts in, India shall alone have jurisdiction (subject to Arbitration at Pune in respect of all the terms, conditions and disclaimers www.PopcornStay.com alone reserves the right to make changes to the site and the terms, conditions and disclaimers thereof. The membership is deemed to have been entered into at , India and the laws of India will govern the membership. All disputes arising out of or in any way affecting the membership as also including interpretation of any of the terms are to be referred to Arbitration in, India under the Arbitration and Conciliation Act (Indian Act), 1996 before a Sole Arbitrator.
You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Service if you are not competent to contract under the applicable Indian laws, rules and regulations. By registering on www.PopcornStay.com , you explicitly understand and agree that: *The minimum age for registering is 18 years for women and 21 years for men. *You are not disabled by any law from entering into a contract. *You have gone through the Terms and Conditions and agree to be bound by them.
Membership is not automatic: The right of admission vests with www.PopcornStay.com at its sole discretion. You become a Member upon due acceptance of the Profile/Payment by www.PopcornStay.com . Membership and rights of admission is reserved solely for
(a) Indian Nationals & Citizens;
(b) Persons of Indian Origin (PIO);
(c) Non-Resident Indians (NRI);
(d) Persons of Indian Descent or Indian Heritage.
Our membership is only for personal use. It is not to be directly and/or indirectly assigned, transferred or licensed so as to be used by any other person/entity.
(i) You may terminate your membership at any time, for any reason by writing to email@example.com .
(ii) We have at any stage at our option and discretion right to refuse or reject or terminate or cancel the membership without assigning any reasons. www.PopcornStay.com may terminate your access to the Site and/or your membership and/or services for any reason effective upon sending you a notice on the e-mail address you have provided in your application for membership or any other such e-mail address as you may later provide to .com. However, www.PopcornStay.com reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. The provisions of Sections 13, 14, 15, 16 and 18 of the Indian Contract Act, 1872 shall survive any such termination.
7. MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
www.PopcornStay.com may at any time modify the terms and conditions (“Terms”) of the Service without any prior notice of intimation to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms and you are expected to do so at regular intervals. In the event, the modified Terms are not acceptable to you; you should discontinue using the services. However, if you continue to avail the Services provided by the website, you irrevocably and unconditionally agree to accept and abide by the modified Terms.
8. REGISTRATION DATA
To avail of and use the Services you will have to register with www.PopcornStay.com . As a part of registration process, you agree to provide to us complete and accurate registration information (the “Registration Data”) and time to time update the same. If you provide any information that is untrue, inaccurate, not current or incomplete or .com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, www.PopcornStay.com has the right to indefinitely suspend or terminate your membership without giving any notice or without assigning any reasons and shall refuse to provide you with access to www.PopcornStay.com .
Members are advised to make appropriate enquiries before acting upon any contact. Our site does not vouch for or subscribe to the claims and representations made by any one including members, users, subscribers or visitors to www.PopcornStay.com . www.PopcornStay.com will maintain confidentiality about personal information (other than that meant for posting or transmission) furnished by Members. However, www.PopcornStay.com may divulge such information if required by law. By agreeing to register at .com and its consortium of portals, a user allows www.PopcornStay.com to get in touch with him/her from time to time for events or offers. This could include offers, information, as well as promotions; .com can use your e-mail address and/or telephone number provided by you for this purpose.
10. LICENSE AND SITE ACCESS
www.PopcornStay.com grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.PopcornStay.com . This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of www.PopcornStay.com and our affiliates without prior express written consent of www.PopcornStay.com . You shall not use any Meta tags or any other “hidden text” utilizing www.PopcornStay.com ’s name or trademarks without the prior express written consent of www.PopcornStay.com . Any unauthorized use terminates the permission or license granted by _ www.PopcornStay.com for any purpose to you. You shall not directly and/or indirectly use any www.PopcornStay.com logo or other proprietary graphic or trademark as part of the link without express written permission from _ www.PopcornStay.com .
11. PROPRIETARY RIGHTS IN CONTENT ON www.PopcornStay.com
www.PopcornStay.com owns and retains other proprietary rights in the www.PopcornStay.com site and the www.PopcornStay.com Service. The Site contains the copyrighted material, trademarks, and other proprietary information of www.PopcornStay.com , and its licensors. Except for that information which is in the public domain or for which you have been given permission, you shall not directly and/or indirectly copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
12. PLATFORM FOR COMMUNICATION
The Site is only a venue where Users may meet and interact with one another for their transactions. We do not and cannot be a party to or control in any manner any transaction between two Users of the Site. The use of the Site by you shall be entirely at your risk and consequences thereof. Consequently:—
(i) We are not responsible for any non-performance or breach of any contract entered into between Users. We cannot and do not guarantee that the concerned users will perform any transaction concluded on the Site. We shall not and are not required to mediate or resolve any dispute or disagreement between Users.
(ii) We do not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the service proposed and/or suggested on the Site. In particular, we do not implicitly or explicitly support or endorse any transactions/services on the Site. We accept no liability for any errors or omissions, whether on behalf of Website or third parties.
(iii) We do not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of our Users. You are advised and required to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf. We will not be responsible for anything in that regard or for the outcome and/or consequences of your Judgment.
(iv) The Site is a channel of communication whereby the Users can reach a larger base to avail Services but at their own risk as to cost and consequences thereof. We are only providing a platform for communication and it is agreed that the contract for any transactions/services shall be a strictly bipartite contract between the Users/Members without involving us. At no time shall any right, title or interest over the terms of the contract entered into by the two parties (users/members) vest in us nor shall we have any obligations or liabilities in respect of such contract. We are not responsible for unsatisfactory or delayed performance of Services or non-performance of Services.
14. COPYRIGHT POLICY
You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the www.PopcornStay.com Service in a way that constitutes copyright infringement, please provide us and our representatives with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on our Site;
(iv) your address, telephone number and e-mail address; a written statement by you that you have good faith/ belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf www.PopcornStay.com can be reached by writing to the address located under the ‘Contact Us’ section on the site. All the contents included on this Site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software is the property of .com or its content suppliers and is protected by Indian and International copyright laws. The compilation of all content on this Site is the exclusive property of www.PopcornStay.com and protected by Indian and International copyright laws. All software used on this Site is the property of www.PopcornStay.com or its software suppliers and protected by Indian and International Copyright Laws.
15. LIMITATION OF LIABILITY
www.PopcornStay.com has made available this Service as a matter of convenience. We expressly disclaim any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this Service in an obscene, vulgar or pornographic manner. User irrevocably agrees and acknowledges that the User shall be solely responsible for his/her conduct and agrees to indemnify and hereby indemnifies the Website from any legal actions in relation to such acts. www.PopcornStay.com reserves the right to terminate your rights to use the Service immediately in case of you uploading of any obscene, vulgar or pornographic images, photographs or pictures or altering or distorting the images available under this Service in an obscene, vulgar or pornographic manner, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall www.PopcornStay.com be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Sites/Services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this Agreement, even if www.PopcornStay.com has been advised of the possibility of damages, or inability to use the Sites/Services or related Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the other Sites/Services, or otherwise arising out of the use of the other Sites/Services, whether based on contract, tort, negligence, strict liability or otherwise, even if www.PopcornStay.com or any of its suppliers have been advised of the possibility of damages. www.PopcornStay.com does not endorse in anyway any advertisers/contents of advertisers on its WebPages. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account and password. www.PopcornStay.com and it’s affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel subscription in their sole discretion.
The information about the Services on our Site are provided by www.PopcornStay.com on the basis of the information received from third parties and are on an “as is where is” basis. www.PopcornStay.com makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, materials or Services included on this Site. To the full extent permissible by applicable law, .com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. www.PopcornStay.com will not be liable for any risk that you undertake with respect to damages of any kind arising from the use of this Site or any of the Services offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. www.PopcornStay.com only provides the platform for Services and does not directly or indirectly render such Services. www.PopcornStay.com expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, continuity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Sites/Services for any purpose. All such information, software, products, services and related graphics are provided on “as is basis” without warranty of any kind. .com hereby disclaims all warranties and conditions with regard to this Service, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Users specifically agree that www.PopcornStay.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through our Site/Service. Users specifically agree that www.PopcornStay.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other user or any infringement of another’s rights, including intellectual property rights. Users specifically agree that www.PopcornStay.com is not responsible for any content sent using and/ or included in our website/Service by any third party.
User agrees to defend, hold harmless indemnify and hereby indemnifies www.PopcornStay.com , its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including advocates and attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
18. SUGGESTIONS, COMPLAINTS, AND DISPUTES
Suggestions and complaints are to be first addressed to www.PopcornStay.com Customer Support Department at www.PopcornStay.com .
19. ELECTRONIC COMMUNICATIONS
When you visit www.PopcornStay.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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