Conditioned upon your acceptance of these Terms, SoStronk authorizes you to use the Services for your personal, non-commercial use. Any use of the Services in any way not expressly permitted by these Terms is prohibited and may be actionable under the law of India. SoStronk shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability and equipment needed for access or use.
2. Your Conduct and Responsibilities
a. You are responsible for protecting the confidentiality of your password(s), if any, and shall be fully responsible for the use of the Services by any other person you permit to access the Services.
b. You agree to use the Services for non-commercial, lawful purposes only and shall not post or transmit through the Services any material which :
i. violates or infringes in any way upon the rights of others
ii. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
iii. encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or
iv. without SoStronk's express prior approval, contains advertising or any solicitation with respect to products or services.
c. Any conduct by you that, in SoStronk's sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to :
i. propagation of computer worms, viruses, and other such malicious code,
ii. using (directly or indirectly) the Services to make unauthorized entry to any other machine accessible through the Services, and
iii. use of the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Services to become users of other online services. Without limiting any other rights or remedies of SoStronk, violations of the foregoing may result in removal of any prohibited communications and/or termination of your access to the Services.
iv. You shall not upload, post, submit or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary right without the express permission of the owner. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Services, or otherwise submitting materials to SoStronk, you automatically grant, or warrant that the owner of such material has expressly granted SoStronk the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit, creative derivative works from, distribute, and sub-license such material (in whole or in part, through multiple tiers and/or via syndication) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for their personal use.
v. By appearing and participating in any SoStronk competition, you grant SoStronk and its assignees and licensees right to review and make public any and all game play, film, photograph and record your name, nickname, pseudonym, persona, picture, biographical material, voice and/or likeness and to use and distribute the same in any manner or media whatsoever, by any and all means, media, devices, processes and technology now or hereafter known or devised anywhere in the universe at any time in perpetuity, for any lawful purpose whatsoever, including advertising, publicity or trade.
3. Intellectual Property and Proprietary Rights
The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the Indian Copyright Act, 1957. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Services will be permitted without the express permission of SoStronk and the copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
SoStronk, SoStronk Market and other SoStronk graphics, logos, designs, page headers, button icons, scripts and service names are the exclusive property of Archetype Entertainment Pvt. Ltd. All rights reserved. SoStronk items and trademarks or domain names may not be used, in connection with any product or service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of SoStronk.
4. Changes to these Terms
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED OR SUBSCRIBED TO THROUGH THE SERVICES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY SOSTRONK. SOSTRONK ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR SUBSCRIBED TO THROUGH THE SERVICES.
PRODUCTS AND SERVICES PURCHASED OR SUBSCRIBED TO ARE PROVIDED OR SOLD "AS-IS" AND SOSTRONK DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOSTRONK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. SOSTRONK DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
NEITHER SOSTRONK, SOSTRONK AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "SOSTRONK PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation of Liability
SOSTRONK ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SOSTRONK OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE, SUBSCRIPTION OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF SOSTRONK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOSTRONK'S 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 BY YOU TO SOSTRONK FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO SOSTRONK FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SOSTRONK, REGARDLESS OF THE CAUSE OF ACTION.
7. Arbitration and Dispute Resolution
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF PURCHASE OF, OR SUBSCRIPTION TO THE SERVICES SHALL BE FINAL AND BINDING ARBITRATION. Arbitration proceedings shall be administered under the rules of Indian Arbitration Act, 1961 and its further amendments which rules are deemed to be incorporated by reference into this Agreement except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief in the high court of Bangalore, India and you consent to exclusive jurisdiction and venue in such courts. If costs related to such arbitration are determined to be excessive in a consumer dispute, SoStronk will be responsible for paying all arbitration fees and arbitrator compensation more than what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
11. Third Party Content
SoStronk is a distributor (and not a publisher) of content supplied by third parties and users of the Services. Accordingly, SoStronk has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services are those of the respective author(s) or distributor(s) and not of SoStronk. Neither SoStronk nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to Sections 3 and 4 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or users not under contract with SoStronk. SoStronk neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services. Under no circumstances will SoStronk be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
12. Terms of Sale
The following terms apply to your purchases or subscriptions related to the Services.
a. Purchase Qualifications; Account Security
b. Payment Method and Terms
We accept payments made through PayPal and other payment gateways in connection with the purchase of any merchandise or subscription through the Services. By submitting an order through SoStronk, you authorize SoStronk, or its designated payment processor, to charge the account you specify for the purchase amount. Currency of all payments depends on your location of purchase.
Any tangible property purchased through the Services will be shipped via Free on Board (FOB) Shipping Point. Title to such products passes from SoStronk to you upon shipment. With respect to products or services you purchase through the Services, you acknowledge and agree that upon making such purchases available to you (or to their intended authorized recipients), SoStronk will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
d. Product and Service Descriptions and Availability, Errors
SoStronk and its suppliers continually upgrade and revise its products and services to provide you with new products and services. SoStronk may revise, discontinue, or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. SoStronk shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, SoStronk reserves the right to substitute items of equal or greater value when an item or service is unavailable or SoStronk may cancel the order.
We attempt to be as accurate as possible and eliminate errors on the Services, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit, with a value at least equal to the amount charged to your account. SoStronk reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees if they are later determined to be payable on such sale, and SoStronk reserves the right to collect such taxes or other fees from you at any time.
13. Copyright Complaints
SoStronk owns, protects, and enforces copyrights in its own creative material and respects the copyright properties of others. You are prohibited from uploading, posting or otherwise transmitting on the Services any materials that violate another party's intellectual property rights.