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1. Acceptance of Terms and Conditions
"mydala" provides an interactive online service owned and operated by Kinobeo through the Website on the World Wide Web of the Internet (the "Web" or "Internet"), consisting of information services, content and transaction capabilities provided by Kinobeo, its subsidiaries and its associates with whom it has business relationships ("Business Associates") including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website ("Third Party Content Providers"), third parties that provide advertising services to Kinobeo ("Third Party Advertisers") and third parties that perform function on behalf of Kinobeo like sending out and distributing our administrative and promotional emails and sms ("Third Party Service Providers"). This Agreement sets forth the terms and conditions that apply to the use of this Website by the User. The right to use this Website is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Kinobeo, and Kinobeo shall not be responsible for any data lost while transmitting information on the Internet. While it is Kinobeo's objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Kinobeo, access to the Website may be interrupted, suspended or terminated from time to time. Kinobeo reserves the right, in its sole discretion, to terminate the access to any or all Kinobeo websites and the related services or any portion thereof at any time, without notice. Kinobeo shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, Kinobeo may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Kinobeo shall not be liable for any damages to the User's equipment resulting from the use of this Website.
To utilize certain portions of the Website, you may be required to complete a registration process and establish an account with mydala ("Account"). You represent and warrant that all information provided by you to mydala is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
6. Password and Security
As a registered user of the Website, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify mydala immediately if you become aware of any unauthorized use of your Account(s).
7. User Conduct
The foregoing provisions of this Section 7 applies equally to and are for the benefit of Kinobeo, its subsidiaries, Business Associates and Third Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. Purchase and Redemption of mydala Coupons
9. Standard Terms and Conditions (for Restaurant-Specific mydala Coupons).
For this section, Restaurant shall be defined as an Institution that offers food and beverages for sale in its regular business operations, and is making such food and beverages available to purchasers of mydala Coupons. In this respect, the following shall constitute as Standard Terms and Conditions for redeeming mydala Coupons
10. Standard Terms and Conditions (for Non-Restaurant mydala Coupons).
The following shall constitute as Standard Terms and Conditions for redeeming mydala Coupons for purchasing goods and/or services from Institutions other than Restaurants:
The mydala Coupon will expire on the date specified on it.
11. Purchase and Sale of Products and/or Services
12. User Generated Content
The Website may allow for you to contribute and add value deals from a number of merchants. mydala reserves the right to include the value deal contributed by you to the Website or discard it, in its sole discretion.
mydala shall not have any obligation to pre-screen or regularly review all contributed content/ value deal. However, mydala has the absolute right (though not the obligation) to remove, without notice, any content / value deal posted.
By posting any content/ value deal, you represent and warrant (a) you have all right, title, and interest to such posted content/ value deal, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content/ value deal is in the public domain, or (c) your use of such posted content/ value deal constitutes fair use. You further represent and warrant that posting such content/ value deal does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the Website: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; (f) content intending for phishing or spreading malware; (g) content that is disparaging of any person or entity; (h) content that is in violation of any law or regulation; or (i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.
You shall be liable for any claims, damages or other demands arising due to any content/ value deal posted by you in violation of this clause and agree to indemnify mydala for any claims, damages or other demands arising due to any content/ value deal posted by you.
13. Prizes for Users
mydala may, in its sole discretion announce and give prizes as it may deem fit to the user who has contributed/ added value deals to the Website. The winner shall be notified by mydala to collect their prize. If the winner does not collect the prize within 30 days, he/she shall be deemed to have forfeited the prize. mydala reserves the right to withdraw or modify the prizes and modify the procedure for collection of prizes at its sole discretion. mydalas decision regarding selection of winner shall be final and binding. The existence of a dispute, if any, regarding the Prize or selection of winner shall not constitute any claim against mydala.
14. Points for Users
mydala shall give the users 250 points for each deal contributed and added by the user. The users shall also be given 1000 points if a user invites his/her friend to contribute a deal and the deal included by mydala on its website.
The user may redeem the points to purchase deals from mydalas website, subject to a maximum of 5,000 points, in the ratio of 10:1, i.e. 10 points shall be equal to 1 rupee only. For example, 250 points equals 25 rupees only.
15. Copyright and Trademarks
Everything located on or in this Website, including the Minisites, is the exclusive property of Kinobeo or used with express permission of the copyright and/or trademark owner. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and / or criminal penalties.
This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of mydala protected by copyright as a collective work under the Indian copyright laws. Kinobeo owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download / print / save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Kinobeo and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a Web site otherwise owned or operated in conjunction with mydala shall not be deemed to be in the public domain but rather the exclusive property of Kinobeo, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Kinobeo, unless otherwise stated. User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Kinobeo does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, User warrants that the owner of such material has expressly granted Kinobeo the royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Users also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Kinobeo the right to edit, copy, publish and distribute any material made available on this Website by User.
The foregoing provisions of Section 14 apply equally to and are for the benefit of Kinobeo, its subsidiaries, Business Associates and Third Party Content Providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
16. Disclaimer of Warranty; Limitation of Liability
USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MINISITES IS AT USER'S SOLE RISK. NEITHER KINOBEO, ITS SUBSIDIARIES AND BUSINESS ASSOCIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MINISITES.
THIS WEBSITE AND THE MINISITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT KINOBEO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT SHALL KINOBEO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MINISITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MINISITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER KINOBEO, NOR ITS SUBSIDIARIES AND BUSINESS ASSOCIATES, THIRD PARTY SERVICE PROVIDERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MINISITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
KINOBEO IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MINISITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY KINOBEO. MOREOVER, KINOBEO RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, KINOBEO, DEEMS UNSUITABLE.
Kinobeo shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Kinobeo, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Kinobeo shall have the right to remove any material that Kinobeo, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
19. License Grant
By posting content/ value deals/ communications on or through this Website, User shall be deemed to have granted to Kinobeo a royalty-free, perpetual, irrevocable & non-exclusive license to copy, transmit, use, reproduce, modify, publish, edit, translate, distribute, perform, display, reformat and incorporate it into a collective work the content/ value deals/ communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. For greater certainty, this means that, among other things, mydala has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
User agrees to defend, indemnify and hold harmless Kinobeo, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Website and/or the Minisites by User.
Kinobeo may terminate this Agreement at any time. Without limiting the foregoing, Kinobeo shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which Kinobeo, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires including Sections13, 14, 17, 18 & 19 will survive termination of this Agreement.
mydala is a trademark of Kinobeo. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
23. Third Party Content
Kinobeo, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Kinobeo has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributors and not of Kinobeo. Neither Kinobeo nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 14 above for the complete provisions governing limitation of liabilities and disclaimers of warranty). In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, User, or other user not under contract with Kinobeo. Kinobeo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Kinobeo employee spokespersons while acting in official capacities. Under no circumstances will Kinobeo be liable for any loss or damage caused by User's reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website. The Website contains links to third party Websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Kinobeo of the contents on such third-party sites and Kinobeo hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If User decides to access linked third-party Web sites, User does so at own risk. Unless you have executed a written agreement with Kinobeo expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Kinobeo reserves the right to revoke its consent to any link at any time in its sole discretion.
24. Force Majeure
Without prejudice to any other provision herein, Kinobeo shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the Kinobeo's control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of Kinobeo's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
This Agreement and any operating rules for the Website established by Kinobeo constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Kinobeo's headquarters are in Delhi, India. Legal issues arising out of, but not exclusive to the use of, this Website or the Minisites (unless otherwise specifically stated) are governed by and in accordance with the laws of Delhi (exclusive of its rules regarding conflicts of laws).