Terms and Conditions
Acceptance of Terms And Conditions
By using https://www.indyatalks.com/ (hereinafter referred to as ‘Site’, ‘We’, or ‘Us’), you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our Site. We reserve the right to modify, alter or otherwise update this policy at any time. We encourage visitors to review these Terms and Conditions from time to time. Your continued use of the Site following the posting of changes to these terms indicates your acceptance of the changes.
1. Your Account
If you create an account on our Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your payment information and contact information for notices and other communications from us. You may not use false or misleading information in connection to your account.
2. Responsibility of Users of the Site, Products, and/or Services
Your access to, and your use of, the Site, Products, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and us.
When accessing or using the Site, Products, and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Site, Products, and/or Services, and you agree not to use the Site, for any of the following:
Engaging in conduct that would constitute as a criminal offense, giving rise to civil liability or otherwise violating any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
Communicating, transmitting, or posting material that infringes on intellectual property, privacy or publicity right of another;
Attempting to interfere in any way with the Site, or our networks or network security, or attempting to use our Site to gain unauthorized access to any other computer system;
Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
In addition, if you operate an account, contribute to an account, post material to the Site, post links on the Site, or otherwise make material available by means of the Site (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content, regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, and other harmful or destructive content. We will take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems. We expressly disclaim any liability for any harm or damages resulting from your access or use of the Site, Products, and/or Services, or access or use of third-party websites.
We have the right (though not the obligation) to (i) refuse or remove any Content that, in our reasonable opinion, violates any our internal policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Site, Products, and/or Services, to any person for any reason, in our sole discretion.
3. Fees and Payments
By purchasing our Products and/or Services, you agree to pay fees or annual subscription fees for such Product or Service. Configurations and prices of the Site, Products, and/or Services are subject to change at any time, and we may modify configurations, fees, prices and quotations, provided that no price changes shall be made applicable to you during a subscription term, and shall take effect only after you have agreed upon an extension, upgrade or renewal of the subscription term. You agree to any such changes if you do not object in writing within seven (7) business days of receiving, or an invoice, incorporating or announcing the fee and/or price changes. All prices are exclusive of, and you shall pay all taxes, duties, levies or fees, or other similar charges.
4. Use of Third Party Content and Materials
By operating the Site, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights; infringes the intellectual property and other proprietary rights of third parties; or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the Site.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our Site links, and that link to our Site. We do not have any control over those third-party websites and webpages, and are not responsible for their contents or their use. By linking to a third-party website or webpage, we do not represent or imply that it endorses such website or webpage.
6. Copyright Infringement
We encourage you to respect the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, please notify Us immediately. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
7. Termination
You may terminate your agreement and close your account with us at any time, effective the last day of your subscription term, by sending an email. We may terminate its relationship with you, or may terminate or suspend the accessibility to the Site, Products, and/or Services at any time, including the use of any software, (i) if you breach these Terms; (ii) if We reasonably suspects that you are using the Site, Products, and/or Services to breach the law or infringe third party rights; (iii) if you fail to pay any amounts due to Us; (iv) you violate any applicable law or regulation. Upon termination of your account for the above reasons, there will be no refund of fees and you will be denied access to the Site, Products and/or the Services, including all of its data. If you believe that We failed to perform or the Services are defective, you must notify Us in writing and allow fourteen (14) days to cure the defect. If We do not cure the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to us.
8. Changes
The configurations and specifications of the Site, including and without limitation to all content there available, the Products, and Services may be amended and/or updated from time to time, at our sole discretion. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Site, Products and/or Services.
9. A Special Note Regarding Children
The Site is not designed or intended for use by children under the age of 16, and our Products and Services may not be purchased by children under the age of 16. We do not intentionally gather personal information from visitors who are under the age of 16. If you are under the age of 16, you are not permitted to submit any personal information to us. If you are under the age of 16, you should use the Site only with consent of a parent or guardian.
10. Limitation of Warranties
We and our licensors make no warranties or representations whatsoever with respect to the Site, Products, and Services, or any linked site or its content, including the content, information and materials on it or the accuracy, completeness, or timeliness of the content, information and materials. We also do not warrant or represent that your access to or use of the Site, Products, and/or Services, or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site, Products, and/or Services, or any linked site is free of computer viruses or other harmful components. We assume 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 use of the Products or Services, or your access to, use of, or browsing of the Site, or your downloading or uploading of any Content from or to the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
No advice, results or information, whether oral or written, obtained by you from Us, or through the Site, shall create any warranty not expressly made herein. We do not necessarily endorse, support, sanction, encourage or agree with any content or any user content, or any opinion, recommendation, content, link, data or advice expressed or implied therein, and We expressly disclaim any and all liability in connection with user content and any other content, materials or information available on or through the Site, Products, and/or Services, created or provided by users or other third parties.
11. Limitation of Liability
Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Site, Products, Services, and/or the Contents thereof, or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received by Us from you during the six (6) month period immediately prior to the date the damages first occurred.
12. Your Representations and Warranties
You represent and warrant that your use of the Site, Products, and/or Services will be in accordance with any agreement between you and Us, Privacy Policy, these Terms, and with any applicable laws and regulations, including and without limitation to any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.
13. Indemnification
Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party.
You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed via our Products and/or Services. You will defend, indemnify, and hold Us harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.
14. Miscellaneous
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms to any party that consents to, and agrees to be bound by, the terms hereof in writing. We may assign its rights under these Terms at its sole discretion. These Terms will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms, or your use of the Site, Products, and/or Services.
