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Kyakare

Terms and Conditions

kyakare.com (henceforth called the “Site”). The Site is free, and can be accessed by any individual.

You may download material displayed on the Site for personal use only.

Your access and use of the Site is also subject to the following terms and conditions (hereby referred to as “Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and kyakare.com are superseded and of no force or effect.

Terms and Conditions:

  1. Assume that everything you see or read on the Site is copyrighted/ protected by intellectual property laws unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the explicit written permission of Kyakare.com. Kyakare.com is not responsible for any legal implications that may occur to you if you have copied any material whatsoever from the Site and used for commercial purposes. Kyakare.com neither warrants nor represents that your use of materials displayed on the Site will not infringe patent, copyright or any intellectual property rights or any other rights of third parties not owned by or affiliated with Kyakare.com.
  2. You shall not archive or retain any Content in any form without Kyakare.com's prior written permission.
  3. Kyakare.com says that reasonable effort has gone into developing the content of the Site, especially for accuracy and for including up-to-date information. However, Kyakare.com assumes no liability or responsibility for any errors or omissions in the Content on the Site. Most of the content is also provided by third party individuals and kyakare.com makes no warranties about the authenticity of these events.
  4. Your use and browsing of the Site is at your own risk. Neither Kyakare.com nor any other individual or organisation involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site or any service provided through the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  5. Kyakare.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
  6. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Kyakare.com or its affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Kyakare.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
  7. Images of people or places displayed on the Site are either the property of, or used with permission by, Kyakare.com. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes.
  8. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Kyakare.com and others. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Kyakare.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
  9. Kyakare.com does not endorse in any way the advertisers on the Site to the contents of such advertisements. Please verify the veracity of the all information contained in any advertisement on your own before undertaking any reliance.
  10. Although Kyakare.com may, from time to time, monitor or review postings, discussions,  transmissions, bulletin boards, and the like on the Site, Kyakare.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Kyakare.com will fully cooperate with any law enforcement authorities or court order requesting or directing Kyakare.com to disclose the identity of anyone posting any such information or materials.
  11. Kyakare.com may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
  12. Kyakare.com prohibits caching, unauthorised hypertext links to the Site and the framing of any content available through the Site. Kyakare.com reserves the right to disable any unauthorised links or frames
  13. Users of this Site agree that any disputes arising from the use of the Site shall be governed by the laws of India without giving effect to principles of conflicts of laws. Any suits brought hereunder may be brought in the courts of Mumbai, India and users of the Site submit to the jurisdiction thereof.

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USER AGREEMENT & TERMS OF SERVICE

Acceptance of User Agreement & Terms of Service

This User Agreement (the "Agreement") describes the terms on which, kyakare.com hereby referred to as "Site" or “Website” or “kyakare.com” offers you. By using and/or visiting this website (collectively, including all Content available through the kyakare.com domain name, the "kyakare.com Website", or "Website"), you accept the terms and conditions of this agreement (the "Terms of Service") and the terms and conditions of tolmolbol's privacy notice, which are published at http://www.kyakare.com/privacypolicy.htm, and which are incorporated herein by reference.

If you do not agree to any of these terms, then please do not use the kyakare.com Website. If you have any questions about this Agreement and would like to have any more information, email info@kyakare.net

kyakare.com Website

Use of of kyakare.com is void where prohibited. These Terms of Service apply to all users of the kyakare.com Website, including users who are contributors of including without limitation the text, software, scripts, data, photos, graphics, music, sounds, videos, interactive features, information, and other materials or services (the “Content”) on the Website. The kyakare.com Website may contain links to third party websites that are not owned or controlled by kyakare.com. kyakare.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, kyakare.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve kyakare.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the kyakare.com Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access

A. kyakare.com hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
your use of the Website as permitted is solely for your personal, noncommercial use;
you will not copy or distribute any part of the Website in any medium without kyakare.com's prior written authorisation;
you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you may have to create an account. You may not create more than one account and never use another's account without permission. When creating your account, you must provide accurate and complete information and update your registration information as and when it changes. You may not select an account name deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, or select a photo to identify yourself that deliberately misleads others about your identity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify kyakare.com immediately of any breach of security or unauthorised use of your account. Although kyakare.com will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of kyakare.com or others due to such unauthorised use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the kyakare.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Intellectual Property Rights

The content on the kyakare.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to kyakare.com, subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. kyakare.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the kyakare.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the kyakare.com Website or the Content therein.

User Submissions

A. The kyakare.com Website allows the submission of Content by you and other users ("User Submissions") in a number of forms, and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, kyakare.com does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise kyakare.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to kyakare.com, you automatically grant kyakare.com a worldwide, exclusive, royalty-free, perpetual, irrevocable, sub-licenseable and transferable license to:  use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform the User Submissions (in whole or part) in connection with the kyakare.com Website and kyakare.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the kyakare.com Website (and derivative works thereof) in any media formats and through any media channels. display the User Submission online and offline and permit others (including without limitation kyakare.com' co-brand partners) to do the same, and display "portions of the User Submission online or offline and permit others to do the same.. You also hereby grant each user of the kyakare.com Website a non-exclusive license to access your User Submissions through the Website, and to use such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the kyakare.com Website.

C. In connection with User Submissions, you further agree that you will not:

submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant kyakare.com all of the license rights granted herein;

publish falsehoods or misrepresentations that could damage kyakare.com or any third party;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

submit material that contains any viruses, Trojan horses, automated computer scripts, worms, time bombs, e-mail bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or submit material that is otherwise tortuous or criminal

impersonate another person. kyakare.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. Any opinions expressed by a Member are of those of the User alone, and are not to be attributed to kyakare.com. kyakare.com cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User or any content appearing on the website. kyakare.com expressly disclaims any and all liability in connection with User Submissions. kyakare.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and kyakare.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. kyakare.com reserves the right to remove Content and User Submissions without prior notice. kyakare.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. kyakare.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. kyakare.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant by providing the following information in writing:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only notifications of claimed infringement copyright notices should sent to: <feedback@kyakare.net>, India; any other feedback, comments, requests for technical support, and other communications should be directed to kyakare.com customer service through <support@kyakare.net>. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your copyright notice may not be valid.

E. You understand that when using the kyakare.com Website, you will be exposed to User Submissions from a variety of sources, and that kyakare.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against kyakare.com with respect thereto, and agree to indemnify and hold kyakare.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

G. If kyakare.com identifies someone who is displaying your User Submission online in violation of this Agreement and kyakare.com wishes to take action against the infringer, kyakare.com may contact you to seek your help with the action. However, kyakare.com may also directly enforce your ownership rights in the Content against the infringer, and you authorise kyakare.com to take any actions on your behalf that kyakare.com reasonably deems necessary or appropriate to protect the parties' respective rights. If kyakare.com decides to sue the infringer, kyakare.com may join you as a co-plaintiff to the action, and any resulting damages or settlements attributable to online uses of your User Submission shall be solely kyakare.com's.

H. kyakare.com permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, kyakare.com may provide embeddable features, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the kyakare.com website on the pages containing the embeddable features. kyakare.com reserves the right to discontinue any aspect of the kyakare.com Website at any time.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE KYAKARE.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KYAKARE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KYAKARE.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE.

ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KYAKARE.COM WEBSITE.

KYAKARE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KYAKARE.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KYAKARE.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KYAKARE.COM SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KYAKARE.COM SITE/SERVICES AND TO THE INFORMATION THEREIN. KYAKARE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KYAKARE.COM SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE KYAKARE.COM SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. KYAKARE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE KYAKARE.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KYAKARE.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, 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. YOU SPECIFICALLY AGREE THAT KYAKARE.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED 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 THE KYAKARE.COM SITE/SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT KYAKARE.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL KYAKARE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE
- ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KYAKARE.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KYAKARE.COM DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING THEREUPON. KYAKARE.COM SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by kyakare.com from its facilities in India. kyakare.com makes no representations that the kyakare.com Website is appropriate or available for use in other locations. Those who access or use the kyakare.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to release, defend, indemnify and hold harmless kyakare.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer's fees) arising from:

your use of and access to the kyakare.com Website;

your violation of any term of these Terms of Service;

your violation of any third party right, including without limitation any copyright, property, or privacy right; or

any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the kyakare.com Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 13 years of age.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by kyakare.com without restriction.

General

You agree that:

the kyakare.com Website shall be deemed solely based in India; and

the kyakare.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over kyakare.com, either specific or general, in jurisdictions other than India. These Terms of Service shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. Any claim or dispute between you and kyakare.com that arises in whole or in part from the kyakare.com Website shall be decided exclusively by a court of competent jurisdiction located in Mumbai, Maharashtra.

These Terms of Service and any other legal notices published by kyakare.com on the Website, shall constitute the entire agreement between you and kyakare.com concerning the kyakare.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and kyakare.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. kyakare.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the kyakare.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND KYAKARE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KYAKARE.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Entire Agreement

This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.

Fees & Taxes

At present, kyakare.com does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility.

Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to any one else.


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