1. Terms of Use
Welcome to www.myliveablecity.com (“Site”) which is the official website of My Liveable City magazine owned and operated by Ironman Media & Advisory Services Pvt. Ltd., a private limited company having its registered office at 1903 Polaris Tower, Vasant Galaxy complex, Off New Link Road, Goregaon west, Mumbai 400104, India, Office: +919820126505). (“MLC,” “our,” “us” or “we”). Please read the terms of use (the “Terms of Use”) set forth below, as they apply to your access and use of our services or features (the “Services”), and any information, content, and material, including software, technology, text, links, articles, posts, messages, emails, graphics, pictures, video, games, music, sound, audio visual, interactive features or other materials available on or through the Services whether posted, uploaded, downloaded transmitted, sent or otherwise made available by MLC, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties (collectively referred to as the “Content”). Your access to and use of the Services signifies your acceptance of these Terms of Use and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
2. Other applicable terms
These Terms of Use refer to the additional terms in our Privacy Policy statement, which also apply to your use of our Services.
Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of India for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your https://www.myliveablecity.com account, which you may not be able to opt-out from receiving.
3. Changes of Terms
We may amend the Terms of Use from time to time at our sole discretion without notice or liability to you. By continuing to use the Services following such amendments to the Terms of Use, you agree to be bound by such amendments.
Also we reserve the right to change the subscription charges, membership fees and other usage charges in relation to any of our Content, products and services provided through our Services. Your use of our Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
4. Accessing our Services
Currently our Services are made available under two categories – (a) free of charge (for non-subscribers) and (b) Paid Services (for subscribers).
Non-subscribers can use our services (limited to free reading material) free of charge, nevertheless subscribers on paying the subscription amount will have the privilege to read certain / all articles behind the paywall (depending on the subscription offer that they have opted for) available on the Site, allowed to post and comment on blogposts (as set forth in the Bloggers terms and conditions), register for our upcoming educational programs, like and share articles on their social media platforms, etc. However at any time in future, after duly notifying you in advance, we reserve our right to modify the subscription charges for the use of our Services and provision of our services and all taxes as per applicable law.
We do not guarantee that our Free Services, or any Content, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Free Services without notice. We will not be liable to you if for any reason our Free Services are unavailable at any time or for any period.
The user needs to create an account by providing their name, email address, contact number, professional specialization, etc. The user name shall be unique and cannot be modified. To create an account, user should provide us with accurate, complete and up-to-date information and he/she should agree to update such information to keep it accurate and complete. If the user fails to provide accurate, complete and up-to-date information, we may suspend, disable or terminate his/her account.
You agree to receive text messages and phone calls (from us or our third-party service providers) with codes to register for our Services. If you are required to provide with identification code, password or any other piece of information as part of our security procedure, you must treat such information as confidential. You must not disclose it to any third party.
You shall be responsible for the activities that occur in your account whether or not such you are aware of the same. You are responsible for keeping your account safe and secure, and you must notify us on subscriptions@myliveablecity.com promptly of any unauthorized use or security breach of your account or our Services.
You shall be liable for your comments/ reviews/ and other information you provide through our Services.
You are responsible for making all arrangements necessary for you to have access to our Services.
You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
5. Your account and password
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You shall not disclose it to any third party. MLC cannot and shall not be liable for any loss or damage arising from your failure to comply with the above.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
In case you know or suspect that anyone other than you knows your password, you must promptly notify us at subscriptions@myliveablecity.com
6. Eligibility
You must be minimum of 18 years old to use our Services under the laws of India, (in case you are from another country, such age as required in your country for you to be authorized to use our Services without parental approval). By availing our Services you represent and warrant that you are 18 years of age or older and if you are of a foreign national, you have the minimum age to enter into a contract as per the laws of your country. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf. Persons of unsound mind, declared insolvents or disqualified persons under any laws shall not be eligible to avail our Services.
Any person uses our Services on behalf of any corporation, company, institution, association or other entity, he/she shall be authorized by such corporation, company, institution, association or other entity with full power to use our Services.
In case you are blacklisted by us on account of your previous acts, omissions or conduct he/she is ineligible to use our Services.
7. Fees and Payment
Paid Services - You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the Service at any time.
Payment information - You are solely responsible for paying all fees and applicable taxes associated with your Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize MLC or its third party payment processors to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.
“Subscription Billing Date" is the date when you purchase your first subscription to a Paid Service. Your Payment Method will be charged automatically on the Subscription Billing Date with all applicable fees for the next month or year, as applicable. Termination of Subscriptions - For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period's (i.e., month’s or year’s) subscription fees to your Payment Method.
Third Parties and Fee Collection - You acknowledge and agree that any credit card and related billing and payment information that you provide to MLC may be shared by MLC with companies who work on MLC’s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to MLC and servicing your account. The terms of your payment will be based on your chosen Payment Method and be further determined by the agreements if any, between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due,
(i) you agree to pay all amounts due on your MLC account upon demand,
(ii) MLC may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and
(iii) MLC reserves the right to either suspend or terminate your access to one or more MLC Services or your account with MLC. Upon any such termination, you shall remain obligated to pay all outstanding fees and charges relating to your account and your use of the MLC Service before termination.
Refunds - Any fees charged to your account are non-refundable except as expressly stated in these Terms. If you or we cancel your subscription, you are not entitled to a refund of any subscription fees that were already charged for a subscription period that has already begun. You agree to submit any dispute regarding any charge to your account in writing to MLC within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of MLC.
8. Intellectual Property Rights
Your Rights
You retain your rights to any content you submit, post or display on or through the Services. By posting, uploading, recommending any information or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, communicate to the public and distribute such content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to provide, promote, and improve the Services and to make content submitted to or through the Services available to other companies, organisations or individuals who partner with MLC for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such content use.
By posting, uploading or recommending any material or information on our Service, you confirm that your respective information is an original work and is not an infringement of proprietary rights of any third parties. You agree to compensate us for any loss or damage we may suffer from a third party claim arising from a breach by your aforesaid undertaking. We are not liable to pay or compensate you with respect to any material or information posted or recommended on our Services.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third party partners. You understand that your content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit content for such use, you alone shall be liable for the same. MLC will not be responsible or liable for any use of your content by us in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
MLC’s Rights
All intellectual property rights subsisting in respect of the Services belong to Ironman Media & Advisory Services Pvt. Ltd. or have been lawfully licensed to Ironman Media & Advisory Services Pvt. Ltd. for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or create derivative works with respect thereto, unless you have our express permission and follow our branding guidelines.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, post, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
MLC’s License to You
We grant you a limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to use our Services, subject to and in accordance with these Terms of Use. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by these Terms of Use. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you for the territory specified in these Terms of Use.
You retain your rights to any content you submit, post or display on or through the Services. By posting, uploading, recommending any information or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, communicate to the public and distribute such content in any and all media or distribution methods (now known or later developed).
Trademark Ownership
Ironman Media & Advisory Services Pvt. Ltd. has valuable property rights in their logotypes, trademarks and service marks (collectively called as "Marks"). You have no right, ownership or other interest in or to any of the Marks except the non-exclusive license to use them in strict conformity with these Terms of Use. You shall not use or apply the Marks or any other similar marks for your own use or sell, license, or assign it to any third party for their use. We, (or our affiliates) own all goodwill now or hereafter associated with each of the Marks we (respectively) own. You will not contest our rights or registration of the Marks or apply for trademark registration or do anything likely to impair the goodwill associated with the Marks.
9. Claims of Intellectual Property Violations
We respect the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
You shall not make any untrue or false information or allegation and if you are found misusing the notifying procedure, MLC reserves the right to terminate your account and our Services and/or take appropriate legal actions.
You agree that MLC’s role and responsibility is completed on taking down the infringing or objectionable Content as alleged in the Notice or upon notifying the alleged infringer, as the case may be and MLC shall in no manner be liable for or in relation to the infringing or objectionable Content. MLC shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the person who notifies the objections and the person against whom the objections are raised. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
For notice of alleged infringement appearing on the services, please write to us at subscriptions@myliveablecity.com
10. Limitation of liability
Our Services are controlled and offered by MLC from its facilities in India. Those who access or use our Services from other jurisdictions are responsible for compliance with the respective local law, prevalent in the said jurisdiction.
In no event shall MLC, owners, partners, directors, managers, officers, employees, staffs, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders shall be liable for any damages whatsoever including without limitation direct, indirect, punitive, incidental, special or consequential damages, lost profits, or damages resulting from the use, or inability to use our Services whether based on warranty, contract, tort or in any other means or action.
You agree that in respect of any complaint or grievance received by MLC, MLC’s role and responsibility is completed on taking down the objectionable Content or upon notifying the alleged offender, as the case may be and MLC shall in no manner be liable for or in relation to the objectionable Content or offence.
Without prejudice to the foregoing, our aggregate liability relating to, arising out of, or in any way in connection with our terms, use, or our services shall not exceed the transacted amount, if any, between you and Ironman Media & Advisory Services Pvt Ltd.
The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
11. Disclaimers
You agree that your access and use of our Services shall be at your sole risk. Our Services and all information and Content provided in our Services are made available to you through our Services on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranties of any kind. The Services are for your personal use only. The Content provided in our Services may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the written consent from MLC.
To the fullest extent permitted by law, MLC, its owners, partners, directors, managers, officers, employees, staffs, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code in connection with our Services and your use thereof. MLC makes no warranties or representations about the accuracy or completeness or usefulness of any information provided by us or the content of any sites linked to our Services and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of Content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service;
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our Service;
(v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party; and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, uploaded, transmitted, or otherwise made available via our Services.
We do not warrant that that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. In particular the operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. We disclaim all liability for losses or damages caused by any such interruption or errors in functioning. We also disclaim all liability for any malfunctioning impossibility of access or poor use conditions of our Services due to inappropriate equipment, disturbances related to internet services, down time, etc.
We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties.
You release us, our subsidiaries, affiliates, and our owners, partners, directors, managers, officers, employees, staffs, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any of these parties. You waive any rights you may have under Indian law or any other similar applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his, her or its favor at the time of executing the release, which if known by him or her must have materially affected his, her or its settlement with the debtor.
We are not responsible and make no representations or warranties for the posting of posts or comments through our Services. We neither warrant nor represent that your use of the Service will not infringe the rights of the third parties. Any material or service described or used on our Services may be subject to the intellectual property rights owed by third parties who have licensed such material, service, or technology to us.
You are not entitled to receive and MLC is not obligated to provide hard-copy documentation, support, telephone assistance, Services updates or any other enhancements or updates to our Services.
12. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
Any content you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
The views expressed by other users on our Site do not represent our views or values. We do maintain the right to remove any posting you make on our Site if, in our opinion, your post does not comply with our Content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Under no circumstances we shall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Our services shall not support objectionable Content types that do not comply with the Terms of Use. Objectionable Content that is not supported by us includes but is not limited to:
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the content is likely to humiliate or intimidate a targeted individual or group.
• Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence.
• Disrespect to the nation and disregard to national integration
• Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms.
• Overtly sexual or pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings.” Material that promotes sexual exchanges and prostitution.
• Inflammatory religious commentary or inaccurate or misleading quotations of religious texts.
13. Legal and Acceptable Use of our Services
All Content available through our Services is strictly for personal, non-commercial use only.
You may retrieve and display Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not access or use (or assist others in using) our Services in ways that:
(i) harass, abuse, disparage, threaten, intimidate, coerce, disturb, annoy, cause inconvenience to any other users or third parties;
(ii) are unlawful, illegal, obscene, defamatory, libelous, inflammatory, communal, provoking, grossly offensive or menacing, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
(iii) involve publication or distribution of statements or contents that are misleading, inaccurate, sub-judice, inciting or intended to be prejudicial to any religion, caste, sex, creed, nationality, region, nation, person, courts, government institutions or otherwise;
(iv) violates the privacy of other individuals or entities including other users; (involve sending illegal or impermissible communications such as bulk messaging, auto-messaging and the like;
(v) involve any non-personal use of our Services unless otherwise authorized by us;
(vi) violate, misappropriate, or infringe the intellectual property and other proprietary rights of MLC, our users, or others;
(vii) may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
(viii) directly or indirectly suggest any endorsement or approval by MLC of a product, service, location, content or any belief or opinion expressed with respect to a product or service or location;
(ix) place any links where those links take users to unlawful material or material that otherwise contravenes these Terms;
(x) place on our Services advertisements nor make commercial solicitations nor use our Services for any commercial purposes (which would include using our Services to promote or encourage the sale of your goods or services);
(xi) impersonate another person or create a false or misleading identity or origin or email address for the purpose of misleading others as to your identity, origin of communications or recommendations or to collect information about other users;
(xii) to "stalk", bully, harm or otherwise harass anyone;
(xiii) authorise, enable or encourage the dissemination of junk mail or chain letters;
(xiv) harm minors;
(xv) threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigations of any offence or is insulting any other nation.
In case you choose to upload or submit a review it must be your own description of the experience. You understand that by using our Service your comment may be redistributed through other modes and viewed by general public. We encourage reviews that are informative and helpful for other users.
We will not entertain nor be liable for any kind of reviews that are defamatory, fake, disparaging, offensive, fraudulent, misleading or infringing the rights of others or contrary to the Terms of Use. By submitting a review, you hereby confirm that the review is based on your own experience and is a genuine opinion and that you have no personal or business relationship with what you are reviewing and that you have not been offered any incentive or payment to write review and that you have no personal grievances.
MLC accepts no responsibility for any reviews, statements, material, events, Content or other submissions provided through our Services by you or any third party, or for any loss or damage resulting from your breach of these Terms.
The Services is for personal use only. You shall not use the Services or any Content contained in the Services (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by MLC. You shall not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose except with MLC express consent (such as for promoted profiles, promoted events or other advertisements), which MLC may provide or deny in its sole discretion. MLC may investigate and take any available legal action in response to illegal or unauthorized uses of the Service.
You shall not download, display or use any Services for use in any publications, in public performances, on websites for any other commercial purpose, in connection with products or services that are not those of MLC, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits MLC’s, that dilutes the strength of MLC’s property, or that otherwise infringes MLC's intellectual property rights.
You shall be solely responsible with respect to the Contents or information that you post, upload, transmit, transfer or send through or using our Services and you agree to indemnify us if any loss, damage or cost is incurred or suffered by us including our owners, partners, directors, managers, officers, employees, staffs, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders due to the unauthorized use of our Services by you without prejudice MLC'sright to legally proceed against you.
Except as otherwise described in the Privacy Policy, as between you and MLC, any content posted by you will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of content. You acknowledge and agree that your relationship with MLC is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content does not place MLC in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of MLC, and MLC will not be liable for any use or disclosure of any content you provide.
14. Availability of Our Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms of Use, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of MLC, its users and the public.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
MLC shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are beyond its reasonable control, such as acts of God fire, flood, explosion, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, embargo or acts of government, change in government policy, orders of court or any other binding authority, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption and other similar events.
15. Third-party services
The links from the Services may take you to other sites or services and you acknowledge and agree that MLC has no responsibility for the accuracy or availability of any information provided by third parties services and websites.
MLC does not control any of the third-party web services or any of their content. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
You expressly acknowledge and agree that MLC is in no way responsible or liable for any such third-party services or features. Your correspondence and business or other dealings with third parties found through the Service are solely between you and the third party.
The Services may include advertisings and display promotions, and MLC may place such advertising and promotions on the Service or on, about, or in conjunction with your content after acquiring appropriate consent from you. The manner, mode and extent of such advertising and promotions are subject to change.
Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising or other materials available made available by such third parties.
We shall not be liable or responsible for any kind of direct, indirect, solicited or unsolicited communication made by any user to another user or third party based on the information or Content posted, uploaded, transmitted, transferred or sent through or by using our Services.
16. Indemnification
You agree to defend, indemnify and hold harmless MLC, owners, partners, directors, managers, officers, employees, staffs, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Service; (ii) your violation of any term of these Terms of Use or Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any information or Content received or sent through our Services caused damage or loss to a third party. This defense and indemnification obligation will survive these Terms and your use of our Services. You will cooperate as fully as required by us in the defense or settlement of any Claim.
17. Dispute resolution
You agree that our Services shall be deemed solely based in Mumbai and it does not give rise to personal jurisdiction over MLC, either specific or general, in jurisdictions other than Mumbai, Maharashtra. These Terms shall be governed by the laws of India, without regard to its conflict of laws principles.
Any claim or dispute between you and MLC that arises in whole or in part from our Services shall be decided exclusively by a court of competent jurisdiction located in Mumbai, Maharashtra, India.
18. Termination
Non-Subscribers may end their agreement with us at any time for any reason by deactivating his/her accounts and discontinuing his/her use of the Services. The Subscribers are liable to specifically inform MLC by writing when they stop using the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:
(i) you have violated these Terms of Service or
(ii) you create risk or possible legal exposure for us; or
(iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
If we deactivate / delete your account for any of the above reasons, you will not create another account without our permission.
The following provisions will survive any termination of your relationship with MLC: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability of our Services,” “Termination” and “General”.
19. General
These Terms of use, including all other notices, policies, disclaimers, and other terms published by MLC on our Service, shall constitute the entire agreement between you and MLC concerning our Services and supersede any prior agreements. If any provision of these Terms is deemed invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Our Terms of Use are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails. You agree that MLC may communicate with you through your account or through other means including email or mobile. You are required to update your account settings regularly to ensure that all notices and communications from MLC are received by you, timely and accurately.
For purposes of service messages and notices about our Services to you, our Services may place a banner notice across its pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from our Services to you. You agree that our Services may communicate with you through your account or through other means including email or mobile to inform you of special offers, updates, upgrades, or such other matters. You are required to update your account settings regularly to ensure that our Service’s service messages and notices are received by you timely and accurately.
MLC including associates and partners and your respective owners, partners, directors, managers, officers, employees, staffs, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders shall have no liability for the non receipt of our Service’s service messages and notices.
If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
Nothing in these Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and these Terms are not intended to limit such consumer legal rights that may not be waived by contract.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
In case of any complaints or grievances, you may contact MLC at the following address:
To
Grievance Officer
Ms. Shashikala Venkatraman,
IRONMAN MEDIA AND ADVISORY SERVICES PVT LTD
1903 Polaris Tower, Vasant Galaxy complex,
Off New Link Road,
Goregaon west,
Mumbai 400104,
India
Office: +919820126505
E-mail Id: subscriptions@myliveablecity.com