Disclaimer
Hungry Baba Web Site Agreement
The Hungry Baba Web Site (the "Site")
is an online information service provided by Hungry Baba ("Hungry Baba
"), subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Hungry Baba MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Copyright, Licenses
and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the copyrights and
trademarks are Hungry Baba, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to Hungry Baba a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Hungry Baba by all means and in any media now known
or hereafter developed. You also grant to Hungry Baba the right to use your
name in connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against Hungry Baba
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to Hungry Baba.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or servicemarks
of Hungry Baba. Other product and company names mentioned in the Site may be
the trademarks of their respective owners.
2. Use of the Site.
You understand that,
except for information, products or services clearly identified as being
supplied by Hungry Baba, Hungry Babadoes not operate, control or endorse any
information, products or services on the Internet in any way. Except for Hungry
Baba- identified information, products or services, all information, products
and services offered through the Site or on the Internet generally are offered
by third parties, that are not affiliated with Hungry Baba a. You also
understand that Hungry Baba cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Hungry Baba
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND Hungry Baba SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Hungry Baba DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER
THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS
IS AT YOUR RISK. Hungry Baba HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL Hungry Baba BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Hungry Baba OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, Hungry Baba LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Hungry Baba makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-Hungry
Baba web site, please understand that it is independent from Hungry Baba, and
that Hungry Baba has no control over the content on that web site. In addition,
a link to a Hungry Baba web site does not mean that Hungry Baba endorses or
accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
Hungry Baba, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the
Service), and 3 (Indemnification) are for the benefit of Hungry Baba and its
officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of India applicable to agreements made
and to be performed in India. You agree that any legal action or proceeding
between Hungry Baba and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in India . Any cause of action or
claim you may have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action
is barred. Hungry Baba's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Hungry Baba may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly
granted herein are reserved.
IN NO EVENT WILL Hungry Baba BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Hungry Baba OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Hungry Baba LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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