1. Permitted Uses; User Representations. The Website provides an interactive online service operated by ZoomDesi.com, consisting primarily of community related activities. By using this site, you agree that:
i. You are at least 18 years of age and you possess the authority to create a binding legal obligation;
ii. Your use of the Website will at all times comply with the terms of this Agreement;
iii. If you elect to create an account, you may create only one account for your use, you must safeguard your password and supervise the use of your account, and you are responsible for your own use and the use of your account by anyone you allow to access it;
iv. You will provide only accurate, true, current and complete information to the Website;
v. You are responsible for the content of all visual, written or audible content, communications and any other material supplied in connection with your use of the
vi. You will not upload, post, email, transmit, or otherwise make available any content that may be improper, unlawful, or immoral, or could infringe the rights of any third party or otherwise give rise to civil liability. The foregoing list is not comprehensive and only serves to provide examples of misuses of the Website that may result in the restriction, suspension or termination of your access to the Website.
3. Security. We cannot and do not control the security of the internet or the network(s) that you use to access the Website or communicate with us. Accordingly, we are not responsible for security of information, hacking, malware or loss of data during transmission that you choose to communicate with us or through the Website.
4. Your participation in various sections of our website enables other users to contact you using our Contact the Advertiser/ Contact the User form. We do not authenticate the email id of such users who wish to contact you in response to your posting. We merely forward such requests to your email id and it is in your discretion to respond or ignore such requests.
5. Ownership of Website. The content and information on the Website, as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through the Site. All rights are reserved.
6. Availability of Website. There may be interruptions in service or events that are beyond our control. The Website may be unavailable from time to time for such interruptions or events, routine maintenance, or any other reason without notice. You acknowledge that access to the Website may be interrupted, suspended or terminated, and that ZoomDesi.com retains the right to terminate the Website or its service, or to deny access or service to the Website to anyone at any time and for any reason.
7. Terms of Sale: coupons, vouchers or sales promotions available through our Website are special promotional offers from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through the Merchant identified on the coupon or voucher. The Merchant is solely responsible for redeeming the coupon or voucher. You agree and acknowledge that ZoomDesi.com, in its sole discretion, may quantify and charge a subscription fee and also determine its payment periodicity. If a Merchant refuses to honor any coupon or voucher, ZoomDesi.com assumes no role in such dispute. The Merchant is the issuer of the coupon or voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. By using or attempting to use any coupon or voucher, you agree to the terms of this Agreement. Unauthorized or unlawful reproduction, resale, modification or trade of the coupons or vouchers is prohibited.
If you are a Merchant making a promotional coupon or voucher or advertisement available through our Website, you are solely responsible for redeeming the coupon or voucher, and any User is solely responsible for providing payment for such related goods and services. If you refuse to honor any voucher or any related dispute arises, ZoomDesi.com assumes no role in such dispute. You are solely fully responsible for providing all goods and services and for any and all injuries, illnesses, damages, claims, liabilities and costs caused by you or to you by a User, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. By providing a coupon or voucher, you agree to the terms of this Agreement.
9. Opinion Disclaimer. The views and opinions expressed on this web site are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of Zoomdesi.com.
10. Disclaimer of Representations and Warranties. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND OF ZoomDesi.com'S SERVICE, WHETHER AS A CONSUMER OR MERCHANT PROVIDER, IS AT YOUR SOLE RISK. NEITHER ZoomDesi.com, ITS SUBSIDIARIES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, 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 RESULTS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS, IF ANY), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS WEBSITE. THE WEBSITE AND ALL CONTENT AND OTHER INFORMATION CONTAINED THEREIN, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT APPLICABLE, ARE THE RESPONSIBILITY OF THE THIRD PARTY MERCHANT PROVIDING THE APPLICABLE COUPON, VOUCHER, CONTENT OR OTHER INFORMATION. ZoomDesi.com HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS, SERVICES, COUPONS AND VOUCHERS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE.
13. Unrelated Third-Party Affiliation. You agree and acknowledge that you are unaffiliated with ZoomDesi.com. The Website contains links to websites maintained by other unaffiliated third parties, and may contain links to your website or other websites designated by you. We do not endorse or have an opinion about the contents on such websites. We expressly disclaim any responsibility for, and representations contained in, such third party websites, including the content or accuracy of materials on such websites or the privacy practices of those websites.
14. Public Nature of Information. You agree and acknowledge that all communications posted by you on the Website are public and are not confidential. Any other person (whether or not a User of ZoomDesi.com's services) may read your communications without your knowledge. We specifically disclaim any liability concerning communications and any actions resulting from communications posted by you or unaffiliated third parties on the Website or communicated in connection with ZoomDesicom's services.
15. Copyrights and License(s). Everything located on or in this Site is the exclusive property of ZoomDesi.com or is being used with permission. The name ZoomDesi.com and the Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website may be protected by copyright as a collective work under the United States copyright laws. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE WEBSITE WITHOUT OUR EXPRESS WRITTEN PERMISSION OR THE APPROPRIATE OWNER OF SUCH MATERIAL IS PROHIBITED. You agree not to post or otherwise make available on the 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. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will 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 posting on the Website, you grant ZoomDesi.com a royalty- free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display your submitted materials alone or as part of other works in any form: print; newsletter, web - media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose without limitation. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site.
16. Digital Millennium Copyright Act (DMCA) Notice. If you believe that any material has been posted via the Website or a User in way that constitutes copyright infringement, you shall provide us with the following information:
19. Miscellaneous Provisions. No waiver by either you or us of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of this Agreement invalid, 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.