The following terms and conditions govern all uses of Zim One and all content and services available at or through the website and related offerings (collectively referred to here as the “Website”). The Website is operated and owned by Zim One and its parent Company, Confetti Media Pvt Ltd, and 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 the Website (collectively referred to here as the “Agreement”).
1.2 If you do not agree to all the terms and conditions of this Agreement, then you should not access the Website or use any services.
1.6 The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Website for any reason.
2. Use of the Website
2.1 LovePanky, its content suppliers, and licensors, own all the material on this Website. LovePanky authorizes you to retrieve and display content on a computer screen or on a mobile screen, print individual pages on paper, and download a single copy of the material provided on the Website solely for your own personal and non-commercial use. You may not make commercial use or any other unauthorized use of the Website by republishing the Information obtained on the Website in any manner over the internet or in a publication, personal or otherwise. You may not distribute the content available on the Website by any means other than the Website’s pages and posts.
2.2 The contents of this Website and all the material found in it are trademarks and you may not use them without prior written permission from LovePanky. All material is the property of LovePanky or its vendors and clients.
2.3 You are responsible for your use of the Services of the Website. You are allowed to connect with the LovePanky servers by HTTP/HTTPS requests using a web browser, and are prohibited from violating or attempting to violate the security of the Website by, including, without limitation, attempting to breach security or authentication measures without permitted authorization, attempting to access data that is not intended for users by logging into a server or account which the user is not authorized to access, using administrator passwords to access the Website, submitting a virus, overloading, spamming, or crashing the Website. You agree not to modify or interfere with others’ use of the Website and its Services. You agree to use the Website lawfully, and any violations including system security or network security may subject you to civil or criminal liability. You will not place unauthorized advertisements, invade anyone’s privacy, or violate local, national and international laws and regulations.
2.4 You are responsible for the Material you post on the Website in the form of Comments or as Discussions, but not limited to texts and images, and you should ensure that it does not violate copyright or any proprietary rights of any third party. You agree not to impersonate another user or post derogatory remarks or insults about another user.
2.6 Users of the Website may submit content for publication, and LovePanky accepts no liability in respect of the content submitted by the users and published by LovePanky.
2.7 If you post or submit material, you grant LovePanky and its affiliates a non-exclusive, royalty-free, worldwide, perpetual right to republish any material you submit in any form, and you warrant that the material provided by you is your own work and you own the copyright and all other relevant rights, or have the right to submit the material and have it published without violating any other rights. You also confirm that the posting of the material provided by you will not violate the rights of any other person. The publication of the material you submit will be at the discretion of LovePanky and LovePanky is entitled to edit any such material prior to or after publication. LovePanky also has the right to refuse publication.
2.8 You are responsible for the material you submit, and you warrant that it is not illegal, defamatory, offensive, or deliberately intended to hurt or upset other users. You acknowledge that any breach in these warranties may cause LovePanky damage and completely agree to indemnify and hold harmless LovePanky in full and in perpetuity against any third party liabilities, damages, and claims incurred by LovePanky as a result of publishing any material you submit to us, including consequential loss.
2.9 You are responsible for any comments or posts provided by you. LovePanky does not accept any liability for the content or its accuracy, and LovePanky reserves the right to publish the content.
2.10 LovePanky does not endorse, support or agree with the opinions, comments and statements posted by the users of the Website. Any information provided by the users of the Website, including any tips, advice, opinions and ideas is the responsibility and view of those users and does not represent the views of the Website.
3. Provided Information
3.1 LovePanky takes every care to ensure that the information provided on the Website is accurate and complete. But you are advised to verify the information and its accuracy before relying on it. You may also be exposed to user posts and third party submissions and LovePanky cannot be held responsible for its accuracy or usefulness, You understand that when using the LovePanky Website, the information is provided “as is” without any warranties of any kind and the Website does not accept any liability arising from any inaccuracy in the information. LovePanky does not make any warranty that the Website will be error-free or that your access to the Website will be continuous or uninterrupted. Therefore, you agree to indemnify and hold LovePanky, its Owners, partners, and Licensors harmless regarding all matters when you use this site.
4. Notification of Copyright
4.1 LovePanky respects the intellectual properties of others and takes an active interest in ensuring that all features, including user submitted posts, in LovePanky is compliant to the Digital Millennium Copyright Act (DMCA). But if you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a manner that constitutes copyright infringement, please contact LovePanky immediately.
4.2 If you wish to notify LovePanky about a possible copyright infringement, you can notify us by providing LovePanky with the following information.
a. Physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
b. Identification of the copyrighted work to be claimed with the infringement, and a description of the activity that you claim to be infringing.
c. Specific location on the website, or the URL where the material you claim to be infringing is located. Please provide enough information to locate the content or activity.
d. Your name, address, telephone number, and your email address.
e. A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law and,
f. A statement by you that the information you have provided in your notice is accurate, made under penalty of perjury, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Occasionally, from time to time, LovePanky may include promotions with third parties, competition and offers on the Website. Each offer shall be subject to its own terms and conditions.
6. Zim One User Accounts
6.1 To access certain features of the LovePanky Website, and enjoy additional facilities of the Website, you may be required to create a User Account. You may be required to submit details including personal information to create a User Account, and you must ensure that you provide accurate and complete information. You understand that you are wholly and solely responsible for the activity that occurs on your account, and it is your duty to ensure that your password is secure and your User Account is not accessible to any other person other than you. Any breach in security or unauthorized use of your account must be notified by you to LovePanky at the earliest.
6.2 LovePanky will not be liable for your losses, in any form, caused by unauthorized use of your account. But you may be liable for the losses of LovePanky or any other individual or company due to such unauthorized use.
6.3 LovePanky may terminate a user’s access to the Website if the user is a repeat infringer of copyright or if LovePanky has reason to believe that the activities of the user does not conform with the best interests of the other users or of the Website.
6.4 LovePanky may terminate a User Account and prohibit a user from accessing the Website without providing any reason or justification for the same, without prior notice and at its own discretion.
7. Trademarks and Copyright
All trademarks are trademarks of LovePanky or its parent company and may be registered. All other trademarks that are used on the Website are the properties of their respective owners.
You agree to indemnify and hold harmless LovePanky, its contractors, and its licensors, and its owners, directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including your submissions or provision of content, unauthorized use of material obtained from the Website, but not limited to your violation of this Agreement.
9. User Content Moderation
LovePanky reserves the right to review, edit or delete any material posted by users in the Website at any point of time, in the form of comments, discussions or in any form in any part of the Website as and when it wishes at its sole discretion and without notice.
10. Contacting the Company
If at any point, you wish to contact the company, for customer support or for any other reason with regard to services, you can do so by sending a mail to this address: [email protected]
11. General Terms
11.1 Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the Laws of India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the court located in Bengaluru, India.
11.2 If any part of this Agreement 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 this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. LovePanky may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
12. Content and Changes in Website
12.1 LovePanky may publish features, posts, or content, which may be offensive to some Website visitors. LovePanky genuinely does not intend to offend any visitor, but if the tone and content of the Website feels offensive or is offensive to you, we suggest you no longer visit the Website. No responsibility will be taken for any offence that the Website may have caused you.
12.2 LovePanky 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. LovePanky 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.
13. Ability to Accept the Agreement
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are competent to enter into this Agreement. You must be 18 years or older to become a member of the Website, create a User Account, or visit the Website. Individuals who are older than the age of 13 years may access this site, but only with the supervision of a legal parent or guardian. Use of the Website is prohibited to individuals under the age of 13 years, as the Website is not intended for children under the age of 13 years.
14. Disclaimer of Warranty and Consequential Damages
14.1 YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE WEBSITE AND ITS SERVICES AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS”, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIM ONE AND ITS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE AND ITS SERVICE.
14.2 YOU UNDERSTAND AND AGREE THAT ZIM ONE AND ANY OTHER PARTICIPANT IN THE WEBSITE DOES NOT PROVIDE ANY PROFESSIONAL ADVICE OF ANY KIND, AND THE USE OF ANY FORM OF ADVICE THROUGH THE WEBSITE OR ITS SERVICES IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. THE WEBSITE MAKES NO WARRANTY THAT THE WEBSITE AND ITS SERVICES WILL BE VIRUS-FREE, UNINTERUPTED, TIMELY, AND DOWNLOADS OF ANY FORM OF CONTENT OR MATTER IN THE WEBSITE WILL BE SAFE.
14.3 IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZIM ONE’S LABILITY WILL NOT BE LIMITED IN THE CASE OF INJURY OR DEATH DIRECTLY CAUSED BY ZIM ONE’S NEGLIGENCE.
If you do not agree to all the terms and conditions of this Agreement, then you should not access the Website or use any of its Services.
Date: 06 November 2018