PLEASE
READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE.
The operator of this website (“we” or “us”) offers access to
the website (the “Site”) conditioned on your acceptance without modification of
the terms, conditions and notices contained herein (collectively, “Terms”) and
the Privacy Policy displayed on the Site. In addition, particular features,
applications and activities offered as part of the Site may also be subject to
additional terms specified in connection with such features, applications and
activities, all of which are incorporated herein by reference.
BY
ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS AND THE PRIVACY
POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, DO NOT
USE THE SITE.
Please review the Applicable Laws and Disputes section of
these Terms for complete details.
MODIFICATION
OF THESE TERMS
From time to time, we may change these Terms. When we do,
the “Last Updated” line above will be revised. You are responsible for
regularly reviewing these Terms. Your continued use of the Site following the
posting of changes to the Terms indicates your acceptance of those changes.
Unless we provide you with specific notice, no changes to the Terms will apply
retroactively.
ELIGIBILITY
The Site is not intended for use by people who are younger
than age 13. Do not use the Site if you are under 13.
PERSONAL
USE OF SITE
The Site is for your personal, non-commercial use only. You
shall not sell or commercially exploit in any manner the Site, access to the
Site or any of the content that is featured or displayed on the Site (“Content”).
You shall not modify, distribute, transmit, display, perform, reproduce,
publish, create derivative works from or transfer any of the Content without
our express written permission. You acknowledge that any unauthorized use of
any Content could cause irreparable harm to us and agree that in the event of
any such unauthorized use, we will be entitled to an injunction in addition to
any other remedies available at law or in equity.
We may suspend or terminate your account or your use of the
Site at any time, for any reason or for no reason, including in the event that
you violate these Terms, we are unable to verify or authenticate any
information you provide to us or we believe that your actions may cause losses
to, or legal liability for, you, other users of the Site or us.
You shall not use any robot, spider, scraper or other
automated means to access the Site or any website provided as part of the Site
for any purpose without our express written permission. You shall not (a) take
any action that imposes, or may impose, in our sole discretion an unreasonable
or disproportionately large load on our infrastructure, (b) interfere or
attempt to interfere with the proper working of any of the Site or (c) bypass
any measures we may use to prevent or restrict access to the Site.
USER
SUBMISSIONS
Any comment, material, information or other communication
that you post, upload or submit to the Site or that is displayed on the Site at
your direction (each a “Communication”) will be considered non-confidential and
non-proprietary, and we will be under no obligation to maintain the
confidentiality of any Communication.
You are responsible for your Communications. You shall
ensure that your Communications do not infringe any copyright or trademark, do
not defame or constitute trade libel with respect to any person, entity,
product or service, or violate any other rights of any other of another person
or entity. You shall be solely liable for any claims, damages or other
liabilities resulting from your use of the Site or your uploading, posting, or
submission of any Communication or the content of any of your Communications.
Any opinions, advice, statements or other information
contained in Communications are those of the author and not of us. We do not
endorse or guarantee the accuracy, completeness or usefulness of any
Communication. Please do your best to ensure that your own Communications are
accurate.
By posting, uploading or otherwise submitting any
Communication, you grant to us a non-exclusive, perpetual, irrevocable,
royalty-free, fully paid-up worldwide, fully sublicensable right to use,
reproduce, modify, adapt, publish, sell, translate, create derivative works
from, archive, aggregate, distribute, transmit, perform and display such
Communication and your name, likeness, voice, statements and endorsements as
incorporated therein, in whole or in part, in any manner and in any media,
format or technology, whether now or later known or developed, including all
promotion, advertising, marketing, merchandising, publicity and any other
ancillary uses thereof, and including the unlimited right to sublicense such
rights, in perpetuity throughout the universe, without any further notice or
payment to or permission from you.
We may, but are not obligated to, monitor or review Communications.
We are not in any manner responsible for the content of Communications. By
providing you with the ability to view and distribute user-generated and/or
user-submitted content on the Site, we are not undertaking any obligation or
liability relating to any such content, including without limitation any
liability arising under the laws relating to copyrights, trademarks,
defamation, privacy or obscenity or any other applicable law. However, we
reserve the right to block or remove any Communication, including without
limitation any Communication that in our sole discretion we determine violates
the Code of Conduct.
LIABILITY
DISCLAIMER FOR EDITORIAL CONTENT
The Site contains reviews, opinions and information
regarding products and services manufactured or provided by third parties. We
are not responsible in any way for such products and services, and nothing
contained on the Site should be construed as a guarantee of the functionality,
utility, safety or reliability of any product or services reviewed or discussed
on the Site. Please follow the directions provided by the manufacturer or
service provider when using any product or service reviewed or discussed on the
Site.
Although we use reasonable efforts to ensure that the
Content we prepare is accurate and informative, we cannot guarantee the
accuracy or completeness of the Content. Under no circumstances will we be
liable in any way for any Content, including, but not limited to, any errors or
omissions in such Content, any loss or damage of any kind incurred as a result
of your reliance on such Content or the use of any product or service reviewed
or discussed in such Content.
The Site may from time to time include Content concerning
medical/legal/financial/ health-related products or services. However, we do
not provide medical/legal/financial advice. The reader should consult his or
her medical/legal/financial professional before adopting any suggestion
contained in, drawing any inference from or taking any other action in reliance
on any Content that addresses such issues.
The Content Provided on this site/blog is for educational
purposes only. We are not responsible for any adverse consequences arising out
of your use of our advice and opinions.
DISCLAIMER
We make no warranties or representations about the accuracy
or completeness of any Content or any Communication.
ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND
FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING
THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR
COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF THEY
ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.
LIMITATION
OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY
DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR
PERFORMANCE OF THE INFORMATION, SITE, PRODUCTS, FUNCTIONALITY AND MATERIALS
AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold us harmless from
and against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation by you of these Terms and/or your
use of the Site.
APPLICABLE
LAW AND DISPUTES
These Terms will be governed by and interpreted in all
respects in accordance with the substantive laws of the India, without regard
to its choice of law provisions. You hereby irrevocably consent to such venue
and to the exclusive jurisdiction of any such court over any such dispute. Any
and all disputes directly or indirectly arising out of or relating to the Terms
or the Site will be resolved individually, without resort to any form of class action.
Any and all claims, judgments and awards will be limited to actual
out-of-pocket costs incurred, and in no event shall you be entitled to recovery
of attorneys’ fees. Under no circumstances will any claimant be permitted to
obtain any award for, and you hereby waive all rights to claim, punitive,
special, incidental or consequential damages and any and all rights to have
damages multiplied or otherwise increased and any other damages, other than for
actual out-of-pocket expenses.
Any cause of action or claim you may have directly or
indirectly arising out of or relating to the Terms or the Site must be
commenced within one (1) year after the claim or cause of action arises.
Our failure to insist upon or enforce strict performance of
any provision of these Terms 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 of these Terms. We may assign our rights and
duties hereunder to any party at any time.
We make no representation that the contents of the Site are
appropriate or available for use in locations outside of India. Access to the
Site from territories where their content is illegal is prohibited. Those who
choose to access the Site from locations outside of the India do so on their
own initiative and risk and are responsible for compliance with applicable
local laws. You may not use or export any Content in violation of Indian export
laws and regulations.
INTELLECTUAL
PROPERTY
The Site is our property. The Site may include content owned
by others that is licensed to us. ALL RIGHTS RESERVED.
NOTICES
AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
We respect the intellectual property of others, and we ask
our users and visitors to do the same. We will process and investigate Notices
and will take appropriate actions under the Digital Millennium Copyright Act
(“DMCA”) and other applicable intellectual property laws. Upon receipt of a
Notice complying with the DMCA, we will act to remove or disable access to any
material found to be infringing or found to be the subject of infringing
activity and will act to remove or disable access to any reference or link to
material or activity that is found to be infringing.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide us the following
information. Please be advised that to be effective, the Notice must include
ALL of the following:
a
physical or electronic signature of the person authorized to act on behalf of
the owner of an exclusive copyright that is allegedly infringed;
a
description of the copyrighted work that you claim has been infringed;
a
description of where the material that you claim is infringing is located on
the Site;
your
address, telephone number, and email address and all other information
reasonably sufficient to permit us to contact you;
a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
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 behalf of the owner of an exclusive right that is allegedly infringed.
Notices
of claimed copyright infringement should be directed to:
By
email: thebingeflix@gmail.com
IMPORTANT
NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER
INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT
RECEIVE A RESPONSE THROUGH THIS PROCESS.
CODE
OF CONDUCT
You shall not, and shall not authorize or facilitate any
attempt by another person or entity to:
Post,
transmit, or cause to be exhibited or displayed on or using the Site any
Communication that is harmful, threatening, abusive, harassing, vulgar,
offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable,
in whole or in part, or that interferes with anyone’s use or enjoyment of the
Site, as determined by us in our sole discretion;
Post,
transmit, or cause to be exhibited or displayed on or using the Site any
Communication that infringes another person or entity’s copyright, trademark,
right of publicity or other personal or proprietary right or violates any
applicable law;
Impersonate
another person or entity;
Solicit
personally identifiable information from any person;
Engage
in disruptive activity such as posting Communications that are unrelated to a
forum’s designated topic or theme; or
Invade
the privacy of any person, including posting personally identifying or otherwise
private or sensitive information about a person without their consent or
harvesting personally identifiable information about users of the Site.
THIRD-PARTY
SITES
The Site may contain links to other sites on the Internet,
all of which have their own privacy and data collection practices. Links to
sites are provided only for your convenience and you access such sites at your
own risk. Links do not imply that we sponsor, endorse, are affiliated with or
associated with, or have been legally authorized to use any trademark, trade
name, service mark, design, logo, symbol or other copyrighted material
displayed on or accessible through such sites.