Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international
copyright laws, and international conventions. The Content and the Marks are provided on
the
Site “AS IS” for your information and personal use only. Except as expressly provided in
these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
You may not
access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors
except
those that are specifically endorsed or approved by us.
As
a
user of the Site, you agree not to:
- Systematically
retrieve data or other content from the Site to create or compile,
directly
or indirectly, a collection, compilation, database, or directory without
written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features
of the Site, including features that prevent or restrict the
use
or copying of any Content or enforce limitations on the use
of
the Site and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
- Use
any information obtained from the Site in order to harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports
of
abuse or misconduct.
- Use
the Site in a manner inconsistent with any applicable laws
or
regulations.
- Engage
in unauthorized framing of or linking to the
Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of
repetitive
text), that interferes with any party’s uninterrupted use
and
enjoyment of the Site or modifies, impairs, disrupts,
alters, or
interferes with the use, features, functions, operation, or
maintenance of the Site.
- Engage
in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots,
or
similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another user.
- Upload
or transmit (or attempt to upload or to transmit) any
material
that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or
“pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the
networks or services connected to the
Site.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents
engaged in providing any portion of the Site to
you.
- Attempt
to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the
Site.
- Copy
or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising
or in any way making up a part of the
Site.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any
automated
system, including without limitation, any spider, robot,
cheat
utility, scraper, or offline reader that accesses the Site,
or
using or launching any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting
usernames
and/or email addresses of users by electronic or other means
for
the purpose of sending unsolicited email, or creating user
accounts by automated means or under false
pretenses.
- Use
the Site as part of any effort to compete with us or
otherwise
use the Site and/or the Content for any revenue-generating
endeavor or commercial
enterprise.
6. USER
GENERATED CONTRIBUTIONS
The Site may invite you to chat,
contribute to, or participate in blogs, message boards, online forums,
and
other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or
broadcast
content and materials to us or on the Site, including but not limited to
text, writings, video, audio, photographs, graphics, comments,
suggestions,
or personal information or other material (collectively,
"Contributions").
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
treated
as non-confidential and non-proprietary. When you create or make
available
any Contributions, you thereby represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will
not
infringe the proprietary rights, including but not limited to
the
copyright, patent, trademark, trade secret, or moral rights of
any
third party.
- You are the
creator
and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site,
and
other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
- You have the
written
consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness
of
each and every such identifiable individual person to enable
inclusion
and use of your Contributions in any manner contemplated by the Site
and
these Terms of Use.
- Your Contributions
are
not false, inaccurate, or misleading.
- Your Contributions
are
not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms
of
solicitation.
- Your Contributions
are
not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions
do
not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions
are
not used to harass or threaten (in the legal sense of those terms)
any
other person and to promote violence against a specific person or
class
of people.
- Your Contributions
do
not violate any applicable law, regulation, or rule.
- Your Contributions
do
not violate the privacy or publicity rights of any third
party.
- Your Contributions
do
not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of
minors.
- Your Contributions
do
not include any offensive comments that are connected to race,
national
origin, gender, sexual preference, or physical handicap.
- Your Contributions
do
not otherwise violate, or link to material that violates, any
provision
of these Terms of Use, or any applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these Terms of
Use
and may result in, among other things, termination or suspension of your
rights to use the Site.
By
posting your Contributions to any part of the Site
or making Contributions accessible
to
the Site by linking your account from the Site to any of
your
social networking accounts
, you automatically grant, and you represent and warrant that you
have
the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide
right, and license to host, use, copy, reproduce, disclose, sell,
resell,
publish, broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in whole or in
part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other
works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and
through any media channels.
This
license will apply to any form, media, or technology now known or
hereafter
developed, and includes our use of your name, company name, and
franchise
name, as applicable, and any of the trademarks, service marks, trade
names,
logos, and personal and commercial images you provide. You waive all
moral
rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights
or other proprietary rights associated with your Contributions. We are
not
liable for any statements or representations in your Contributions
provided
by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from
any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change
any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate
locations on the Site; and (3) to pre-screen or delete any Contributions at any time
and
for any reason, without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES
FOR REVIEWS
We may
provide
you areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with
the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity,
or abusive, racist, offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age,
marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality
of
conduct; (7) you may not post any false or misleading statements; and (8) you may
not
organize a campaign encouraging others to post reviews, whether positive or
negative.
We may
accept,
reject, or remove reviews in our sole discretion. We have absolutely no obligation
to
screen reviews or to delete reviews, even if anyone considers reviews objectionable
or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume
liability
for any review or for any claims, liabilities, or losses resulting from any review.
By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to
reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all
content relating to reviews.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
These
Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or remove
the
contents of the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Site. We
also
reserve the right to modify or discontinue all or part of the Site without notice at
any
time. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that
we
have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These
Terms
shall be governed by and defined following the laws of
India
.
Kozhikode Leisure Tourism Pvt. Ltd. and yourself irrevocably consent that the
courts of
India
shall have exclusive jurisdiction to resolve any dispute which
may
arise in connection with these terms.
To
expedite resolution and control the cost of any dispute,
controversy, or
claim related to these Terms of Use (each "Dispute" and
collectively,
the “Disputes”) brought by either you or us (individually, a “Party”
and
collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided
below)
informally for at least
thirty (30) days before initiating arbitration. Such
informal
negotiations commence upon written notice from one Party to the
other
Party.
Any
dispute arising out of or in connection with this contract,
including
any question regarding its existence, validity, or termination,
shall be
referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC,
which, as a result of referring to it, is considered as the part of
this
clause. The number of arbitrators shall be two
(2)
. The seat, or legal place, of arbitration shall be
calicut,
India
. The
language of the proceedings shall be
English,
Malayalam. The governing law of the
contract
shall be the substantive law of
India
.
The
Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by
law,
(a) no arbitration shall be joined with any other proceeding; (b)
there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there
is no right or authority for any Dispute to be brought in a
purported
representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations
and
Arbitration
The
Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations and binding arbitration:
(a)
any Disputes seeking to enforce or protect, or concerning the
validity
of, any of the intellectual property rights of a Party; (b) any
Dispute
related to, or arising from, allegations of theft, piracy, invasion
of
privacy, or unauthorized use; and (c) any claim for injunctive
relief.
If this provision is found to be illegal or unenforceable, then
neither
Party will elect to arbitrate any Dispute falling within that
portion of
this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts
listed for jurisdiction above, and the Parties agree to submit to
the
personal jurisdiction of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY 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.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other
user
of the Site with whom you connected via the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of
any
matter for which you are required to indemnify us, and you agree to cooperate, at
your
expense, with our defense of such claims. We will use reasonable efforts to notify
you
of any such claim, action, or proceeding which is subject to this indemnification
upon
becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although
we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy
any
legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA
THE SITE. You hereby waive any rights or requirements under any statutes,
regulations,
rules, ordinances, or other laws in any jurisdiction which require an original
signature
or delivery or retention of non-electronic records, or to payments or the granting
of
credits by any means other than electronic means.
These Terms of Use and any policies or operating
rules
posted by us on the Site or in respect to the Site constitute the entire agreement
and
understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We
may
assign any or all of our rights and obligations to others at any time. We shall not
be
responsible or liable for any loss, damage, delay, or failure to act caused by any
cause
beyond our reasonable control. If any provision or part of a provision of these
Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or part of
the
provision is deemed severable from these Terms of Use and does not affect the
validity
and enforceability of any remaining provisions. There is no joint venture,
partnership,
employment or agency relationship created between you and us as a result of these
Terms
of Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses
you
may have based on the electronic form of these Terms of Use and the lack of signing
by
the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site
or to
receive further information regarding use of the Site, please contact us
at:
Kozhikode Leisure Tourism Pvt. Ltd.
BUILDING NO.KP V 63
KEEZHARIYUR, NADUVATHUR POST,
KOYILANDY
Kozhikode
, Kerala
673620
India
Phone:
__________
info@kozhikodeleisure.com