Disclaimer & TOS
The following Terms of Service govern all use of the LiveMango website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Agreement”). In addition, when using particular LiveMango services, you agree to abide by any applicable posted guidelines for all LiveMango services, which may change from time to time. LiveMango has the right, but is not obligated, to strictly enforce the Agreement through any or all means.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your LiveMango Account and Site – If you create or have an account on the Website, 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 must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and LiveMango may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause LiveMango liability. You must immediately notify LiveMango of any unauthorized uses of your account or any other breaches of security. LiveMango will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. LiveMango services should not be used for unlawful purposes or promotion of dangerous or illegal activities. Your account may be terminated and you may be reported to appropriate authorities.
Responsibility of Contributors – If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or other. 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;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- 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 spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- the Content is not named in a manner that misleads your readers into thinking that you are another person or company;
- You will hold LiveMango free of any charges with regards to copyright infringements should the content you provided be copyright protected by third party.
- You agree to defend, indemnify and hold harmless LiveMango and its officers, directors, agents, employees, subsidiaries and affiliates against all losses, claims, liabilities, damages, and expenses of any nature directly or indirectly arising out of content you submit or that are submitted from your account.
By submitting any Content to LiveMango for publication or inclusion on the Website, you grant LiveMango a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, copy and distribute the Content provided by you. You also agree that such Content is subject to use by third parties according to the terms of the Creative Commons License. If you delete Content, LiveMango will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Furthermore, you acknowledge and agree that LiveMango can’t and will not be resposible for removing Content from other website(s).
Without limiting any of those representations or warranties, LiveMango has the right (though not the obligation) to, in LiveMango’s sole discretion
(i) refuse or remove any content that, in LiveMango’s reasonable opinion, violates any LiveMango policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LiveMango’s sole discretion.
Content submitted to LiveMango may be distributed to 3rd parties for added exposure, however LiveMango is not under any obligation to do so.
We do not allow following content, but not limited to -
- Pornographic, adult or mature content not allowed.
- Libelous, defamatory, threats or hate promoting content not allowed.
- Copyright violations not allowed.
- Private and confidential personal information not allowed.
- Spamming, hacking, cracking, malware or viruses or related content not allowed.
- No content that is illegal, promotes illegal activity, or infringes on the legal rights of others
- Non-english content not allowed.
Responsibility of Website Visitors – LiveMango has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, LiveMango does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or 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. LiveMango disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
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 LiveMango links, and that link to LiveMango. LiveMango does not have any control over those non-LiveMango websites and webpages, and is not responsible for their contents or their use. By linking to a non-LiveMango website or webpage, LiveMango does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LiveMango disclaims any responsibility for any harm resulting from your use of non-LiveMango websites and webpages.
Copyright Infringement and DMCA Policy – As LiveMango asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that your work is being infringed on this site, please notify our agent for claims of copyright or other intellectual property infringement at: contact[at]livemango.com.
Your notice should:
(a) identify with specific detail the material on the Website that you claim is infringing;
(b) state that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(c) state under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of that owner;
(d) your physical address, telephone number and email address; and
(e) your physical or electronic signature. For faster response, we strongly recommend using the “Report Abuse” link towards the bottom of the content pages.
LiveMango will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LiveMango or others, LiveMango may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, LiveMango will have no obligation to provide a refund of any amounts previously paid to LiveMango, if any.
Intellectual Property – This Agreement does not transfer from LiveMango to you any LiveMango or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LiveMango. LiveMango, LiveMango.com, the LiveMango logo, and all other trademarks, service marks, graphics and logos used in connection with LiveMango, or the Website are trademarks or registered trademarks of LiveMango or LiveMango’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LiveMango or third-party trademarks.
Privacy and Information Disclosure – Your use of the LiveMango website or the Service signifies acknowledgement of and agreement to our Disclaimer. You further acknowledge and agree that LiveMango may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Service; respond to claims that any Content violates the rights of third-parties; respond to claims that any Content is defamatory; protect the rights, property, or personal safety of LiveMango, its users or the general public.
Changes – LiveMango reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LiveMango may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination – LiveMango may terminate your access to all or any part of the Website at any time and remove your content from the site, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LiveMango account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing and any other agreement, if you have placed paid content on the Website, such content can be removed by LiveMango if we determine in our sole discretion that your content violates our Terms of Service or you materially breach this Agreement and fail to cure such breach within twenty-four (24) hours from LiveMango’s notice to you thereof, or after thirty (30) days of posting, whichever comes first; LiveMango may also terminate all or part of the Website immediately as part of routine or necessary maintenance or a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES – THE WEBSITE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. LIVEMANGO AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY. NEITHER LIVEMANGO NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY – IN NO EVENT WILL LIVEMANGO, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; or (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO LIVEMANGO UNDER THIS AGREEMENT DURING THE ONE (1) MONTH PERIOD PRIOR TO THE ALLEGED BREACH. LIVEMANGO SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
General Representation and Warranty – You represent and warrant that (i) your use of the Website will be in strict accordance with the LiveMango Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation 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 India or the country in which you reside or any other laws, rules and regulations) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification – You agree to indemnify and hold harmless LiveMango, its officers, directors, agents, employees, its subsidiaries, affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, arising out of your use of the Website or LiveMango Services, including but not limited to out of your violation of this Agreement.
Jurisdiction
This agreement is composed and published in Bangalore, India. Any disputes arising out of this agreement are to be regulated and examined in accordance with the laws and regulations of Indian Government. Parties to the agreement agree that any disputes that are the result of this agreement will be filed solely in the courts located in the province of Bangalore, India, that have exceptional jurisdiction in that case. Furthermore, parties unconditionally recognize the jurisdiction of these courts and their judgments as final.
You agree that the examination of any action at law, or an equity arising of/or relating to these disclaimers, terms and conditions will be filed solely in the courts located in the Bangalore, India, and you consent and submit to the jurisdiction of such courts for the purpose of these cases notwithstanding your place of residence.
Parties agree that the United Nations agreement on the contracts for international trade is not applicable to this agreement and is completely excluded.
Compensation
You will compensate LiveMango.com for any expenses, losses and reasonable legal expenses that might arise as a result of your use of site and its services, your violation of any terms and conditions of the agreement or your violation of rights of intellectual property of any third party.
You solely have responsibility for communication with other users of site. We have the right but have no obligation to monitor disputes and disputes between you and other users.
For any disputes or if you feel your privacy is disturbed by this service, by any user or medium, please contact us with relevant details of violations.
OUR DETAILS
LiveMango.com
Email: Support, info, Advertisement (contact[at]livemango.com)
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