Each party represents that it has validly entered the Agreement and has the legal power to do so and represents and warrants to the other that (a) the Agreement has been duly executed and delivered and makes up a valid agreement enforceable against such Party following its terms; (b) no authorization or approval from any third party is required in connection with such Party’s execution, delivery, or performance of the Agreement; and (c) the execution, delivery, and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound, or any applicable law or regulation.
If any conflict arises between the Agreement and any Addendum thereto, the Agreement takes precedence.
Parties to the Agreement are bound by the following provisions.
The following terms shall have the meanings specified below:
“Account,” “License” - means any account created by the Customer subscribing to Services.
“Agent” means a named user(s) in the Service used by the Customer to operate Services for or on behalf of the Customer.
“Confidential Information” means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential.
“Company,” “We”, “Us” (or “Provider” in the Data Protection Addendum) means Duvim, “Customer,” “You” (or “Client” in Addendum to the Agreement) means any user, person, or entity who creates an account and uses Services supplied by the Company under the Agreement.
“Documents” means any relevant document that is, or maybe, related to the Agreement, including, but not limited to, applicable Addendum(s).
“End-User” means any person with whom the Customer or its Agents interact with while using Services.
“Personal Data/Personal Information” means personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on protecting natural persons concerning the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation–GDPR), processed by Duvim, (or a Sub-Processor) on behalf of the Customer according to, or in connection with, the Agreement.
“Services” means the services and products supplied by the Company to the Customer under the Agreement.
“Sub-Processor” means entities in which software, goods, or services are used by the Company to run a business, in particular, to provide Services.
“Third Party Service Provider” means any third party that collects, process, and/or uses Personal Information under the instruction of Duvim, including any consultant, representative, advisor, or independent contractor (including Sub-Processors) who renders services to the Company, a subsidiary, or an affiliate.
“Visitor” means any person who is visiting/browsing any website where Duvim Services are installed.
All terms derived from General Data Protection Regulation, such as “Commission,” “Controller,” “Data Subject,” “Member State,” “Personal Data,” “Personal Data Breach,” “Processing,” or “Processor,” should be understood in line with their regular meaning coming from the regulation.
1. On principles set out in these Terms and Conditions, Duvim renders the following Services Internet websites www.Duvim.com or via mobile applications.
3. Customer’s access to the Internet is not the subject of the Agreement. The Customer bears sole responsibility for the functionality of its Internet access, including the transmission paths and its hardware.
4. Please keep in mind that Duvim may change the Agreement, and only those visible on our website are up to date and binding. However, modifications shall not adversely affect the main provisions of the Agreement, such as terms of payment or termination of Services. Such changes shall take place with prior explicit notification to the Customer at least thirty (30) days before the change implementation and, if not rejected within (seven) 7 days after the notification, are treated as accepted. Therefore, we encourage you to familiarize yourself with the effective Terms and Conditions version on our Internet websites.
5. Further use of Services, after explicit notification of changes by Duvim, and in the absence of Customer rejecting such changes, after additional modifications in the Terms and Conditions have been implemented, shall make up the consent to accept these modifications. Refusal to accept these modifications shall prevent the Customer from using the Services.
1. Duvim provides the Customer with access to ordered software available on the following websites: www.Duvim.com, for the term specified in the Agreement. The software used by the Customer following its application and purpose defined in the Agreement, available on the following websites: www.Duvim.com, and provided by Duvim shall be deemed Services.
2. The usage of any recent Services available on the aforementioned websites, after the Customer has accepted the Terms and Conditions, shall be subject to its provisions.
3. Duvim may exclusively add, change, remove, and adapt the functionality, the use, subject, and the range of particular Services, including the software provided, its contents, and its nature; and to cease rendering the Services, in particular, in the event of further development of the Services offered by the Company.
1. Duvim Services are exclusively designated for business use and must be used only following their contractual intended purpose, aim, and the Agreement. It describes detailed guidelines concerning the proper use of the Services in the Acceptable Use Policy section below.
2. Duvim Services can be accessed solely by logging in to the Service on a particular website. Duvim provides the Customer with the login data required for the identification and authentication of named users in the Service (except Services in which it does not require Agents). They do not permit the Customer to transfer login data to third parties other than defined. New and/or additional users will be notified by the Customer to Duvim, in advance so that individual logins can provide data to each user and they can adjust the fee calculation.
3. We assign every customer a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for the proper protection and storage of their password and login (credentials). The login data for the Services may not be passed on or used by several persons at the same time. Access to, and use of, the Services is restricted to the specified number of individual Agents permitted under the Customer subscription to the applicable Service. The Customer agrees and acknowledges that each Agent’s credentials shall only be used by one (1) designated individual Agent. The Customer further agrees and acknowledges that an Agent’s credentials cannot be shared or used by over one individual, but that Agent’s credentials may be reassigned to new individuals replacing former individuals who no longer require ongoing use of the Services. The Customer and its Agents maintain the confidentiality of all the Agent credential information for the Customer Account.
4. The Customer must be at least 13 years of age to register and to access his or her Account. Duvim does not knowingly provide Services to any person under the age of 13.
5. The Customer undertakes to use the Services only for its purpose and in a manner consistent with the effective law and the Agreement.
6. The Customer is full of responsibility for any contents, phrases, and entries added to the network in connection with the use of offered Services.
7. The Customer is responsible for compliance with the Agreement by Agents and End-Users and for any activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Services to store and transmit Service Data complies with all applicable laws and regulations, and any privacy policies, agreements, or other obligations the Customer may maintain or enter with Agents or End-Users.
8. The Customer understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.
9. Duvim reserves the right to access Customer accounts for technical and administrative purposes and security reasons. The information got in such a manner shall not be processed or made available to any third parties unless required by the Customer or law.
10. The Customers of Duvim service declares that they will not use the Service to constitute a violation of laws.
11. Violation of the Agreement, applicable laws, or accepted norms and rules shall lead to the termination of the Agreement.
12. The Customer provides valid and current Account information and the Customer agrees to update its Account information, including payment information, with any changes that may occur (for example, a change in the Customer billing address or credit card expiration date).
1. This Acceptable Use Policy applies to Duvim Services accessible through www.Duvim.com, mobile versions and successive URLs related to the domain or subdomain.
2. The Customer understands and agrees that Duvim Inc shall have no responsibility or liability for any data and content provided by the Customer. In particular and without limitation, the Customer may not:
3. As a condition of using the Services, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and how Customer gained Personal Data. The Customer shall (a) as required by applicable law, provide notice to its customers (End-Users) and Agents, and get consent (if required) for processing and transferring Agents and End-Users Personal Data to the Company and its Third Party Service Providers; (b) be responsible for its employees, representatives, End-Users, and Agents that have access and use the Services; (c) comply with any limitations or restrictions outlined in the Agreement, and (d) use the Services only in compliance with applicable law.
4. All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, “Data”), is the property of the Customer. The Customer is solely responsible for Data collected, submitted, and generated by the Services. Duvim is not responsible for the way the Customer uses the Services and Data.
5. The Customer agrees that in providing the Services, the Company will engage Sub-Processors to Process the Personal Data, including, and without limitation, any Personal Data within Service Data according to the Agreement within the European Economic Area, India, and in other countries and territories. Any third-party service providers used by Duvim will only be given access to the Customer Account as is reasonably necessary to provide the Services and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with the Company standards, and (b) their agreement to comply with the data transfer restrictions applicable to the Company. The names of all current Sub-Processors used for the Processing of Personal Data under the Agreement are set forth on the Company’s website.
6. The Customer procures and maintains the network connections that connect your network to the Services, including, but not limited to, browser software that supports protocols used by the Company and to follow the Company’s procedures for accessing Services. We are not responsible for notifying Customer, Agents, or End-Users of any upgrades, fixes, or enhancements to any such software, or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the Internet) which are not owned, operated, or controlled by the Company. We assume no responsibility for the reliability or performance of any network connections as described in this section.
7. The Customer shall be responsible for the Duvim unauthorized access by third parties to the Service, and shall also oblige its employees and agents to comply with this obligation.
1. “Duvim” is a registered trademark and is therefore subject to national and international protection.
2. Duvim, states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, and computer software, and to all Company signs, symbols, and trademarks used within its scope of business activity.
3. The Duvim, websites listed above and all information, content, material, graphics, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Visitors and the Customer through the aforementioned websites are its exclusive property of Duvim and are protected under applicable law.
4. The Duvim, websites and all information, content, materials, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Customer through the aforementioned websites are provided on an “as is” and “as available” basis, with no warranties of any kind to the fullest extent permitted by law, and the Company, to the maximum extent permitted by applicable law, expressly disclaims any warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Customer acknowledges that the Company does not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software, and no information or advice got by you from us or through the Services shall create any warranty not stated in the Agreement.
5. Customer grants to Duvim and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Customer, Agents or End-Users relating to the operation of Duvim, or its affiliates’ services.
6. All rights, title, and interest in and to the Services and all hardware, software, and other components of, or used to provide, the Services, including all related Intellectual Property Rights, will remain with Duvim, and its affiliates and belong only to Duvim, and its affiliates.
7. The Customer shall indemnify, defend, and hold harmless Duvim, Inc, against any losses, damages, demands, claims, actions, liabilities, fines, penalties, and related expenses (including reasonable legal fees) asserted against or incurred by Duvim, that arises out of or resulting from, the Customer data and concerning any claims related to the infringement of any patent, copyright, trademark, or trade secret right, or other intellectual property rights, private right, or any other proprietary or personal interest of any third party violated by the Customer data. The Customer data is any data inserted by the Customer and/or created in the Duvim’s Service for the term of the Agreement.
8. Prior written consent of Duvim is required for any not permitted business and non-business use of offered Services. Such consent is required, in particular, when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and in other electronic media, and for the disposal or use of its work (adaptations, alterations, modifications).
9. Unauthorized lending, sale, or granting of further licenses and sub-licenses to the offered products and services by the Customer, or any other entity or person, without the express consent of Duvim is prohibited. We do not deem such acts to be the proper use of Services.
10. The Customer must not change or change the purpose and use of offered Services. Misleading others as to the existence of cooperation, association, relationship, or acting on behalf of Duvim, is prohibited.
1. Using offered Services available on the websites listed above is free for the first several weeks depending on the Services (free trial period).
2. After the free trial period ends, if the Customer wishes to continue using the Services, it will request the Customer to make a payment according to the effective price list placed on the individual website.
3. All payments shall be non-cash transactions, conducted electronically by external professional entities. The Customer agrees that Duvim shall send invoices and payment reminders only by electronic means.
4. Lack of payment means resignation from the provided Services.
5. The receipts for all payments will be provided electronically and stored in the product as PDF files.
6. The Customer provides complete and accurate billing and contact information to the Company and notifying the Company of any changes to such information.
7. We shall give the Customer 14 days’ notice of all changes in the price list.
8. Besides, Duvim may change the remuneration with prior notice, including, without limitation, in the event of further development and/or the expansion of the Services offered by Duvim,
9. Unless agreed otherwise, all amounts stated in the Agreement or the price list are exclusive of all duties or taxes. The Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, or charges of any kind imposed by federal, state, or local governmental entities on amounts payable by the Customer.
1. Regardless of the billing cycle, the Company provides no refunds, no right of set-off, or credits for unused time of the Services, or plan downgrades if you close, downgrade, or suspend your account before the end of your subscription period.
2. There will be no exceptions to treat all Customers equally and to keep our administrative costs low ultimately to benefit our Customers.
3. Details for the trial account, paid subscription, and cancelling the account are:
4. Trial Services
5. Paid subscription
6. We shall conclude the Agreement for the term specified by the Customer (Subscription Period). The term of the Agreement shall automatically renew for additional periods equal to the expiring Subscription Period unless the Customer closes its account, or either Party ends the Agreement.
7. The Customer closes its account and may close it. Account closing means that the further use of Services with the use of the current password and login shall no longer be possible and after closing the Customer Account, it will stop working immediately.
8. Duvim, shall, at the prior written request of the Customer, delete the Customer’s Personal Data within (thirty) 30 days.
9. Closing the account by the Customer before the end of Subscription Period for which they have made a payment does not obligate Duvim to refund the amount for the unused period.
10. Duvim reserves the right to close the Customer’s account and end the Agreement anytime without prior notification to the Customer in case of breaching provisions of the Agreement or in the event of illegal use of the furnished Services. Duvim, shall not be liable for any damages suffered by the Customer, the End-User, or any other third party arisen for the suspension or closing of the Account by the Customer, or by the Company, or in the event of illegal or for other reasons arising from the faulty use of the offered Services by the Customer, its Agents, or End-Users.
11. The Agreement will end simultaneously and automatically with the termination of the Addendum(s) unless otherwise mutually agreed by Parties.
1. To fulfil the contractual obligations of the Services, there will be the processing of personal data for the Customer. Duvim is dedicated to providing data protection and to promote compliance with rules set forth by, among others, the European Union.
2. The Customer shall comply with Data Protection Laws and Regulations, including, without limitation, to be authorized to pass on personal data to Duvim, for the purposes stipulated in the Agreement. If the European Union’s General Data Protection Regulation (EU/2016/679) (GDPR) applies to personal data that Duvim, processes on behalf of Customer as a data processor in the Services, then the Agreement shall be supplemented by the General Data Protection Compliance form available through this link. Upon execution by the Customer, the DPA is hereby incorporated by reference into the terms of the Agreement.
3. They may report any observation or breach of data protection via support@Duvimcom (or via support e-mail of the Service you use).
4. Duvim will never sell, rent, or lease Customer service data to any third party. We will not share Customer service data with third parties, except as permitted by the Agreement and to provide, secure, and support the Services.
1. Duvim guarantees the highest quality of its operations to ensure accessibility and continuity of offered services following their use and purpose.
2. Duvim does not guarantee the compatibility of offered Services with other producers’ software. The Customer shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the Customer’s objectives. Please know that due to the complexity of long-distance data transmission, there is no possibility to ensure absolute security, accessibility, and continuity of the provided Service.
3. Duvim shall bear no liability in particular for:
4. Duvim, advises the Customer that restrictions or impairments of the Service may arise which are beyond the control of Duvim, including, without limitation, actions of third parties who do not act on behalf of Duvim, force majeure, fires, strikes, accidents, and technical conditions beyond the control of Duvim, e.g. the Internet. The hardware, software, and technical infrastructure used by the Customer can also influence the Services. Any delay or default affecting the availability, functionality, or timely performance of the Services caused by such circumstances will not make up a breach of the Agreement;
5. The Company shall, at its sole discretion, repair or re-perform such Services (or correct the defective part). If at the sole discretion of the Company, the error cannot be corrected with reasonable commercial efforts, then the Company, at its sole discretion, may end the affected Services and credit the price of such defective Services that the Customer prepaid on a pro-rata basis for the period following the effective date of termination of the affected Services. THESE REMEDIES SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND Duvim ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED GUARANTEE outlined in THIS SECTION.
1. Liability. The Company shall be liable for any direct damage caused to the Customer because of the non-compliance with its obligations under the Agreement, excluding the situation where the damages result from an action or omission for which the Company is not responsible. However, in no event shall the aggregate liability of the Company with all of its affiliates arising out of, or related to, the Agreement, (including the applicable Addendum(s)), exceed the total amount paid by the Customer and its affiliates for the Services giving rise to the liability in the twelve (12) months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Customer’s and its affiliates’ payment obligations under the Agreement.
2. The Customer agrees to the following limitation of liability to the extent permitted by applicable law: the Customer expressly understands and agrees that the Company shall not be liable to the Customer for any direct, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Services; (b) statements or conduct of any third party on or in the Services; or (c) any other matter relating to the Services.
2. If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
3. Governing Law. The laws of India shall govern the Agreement, without giving effect to any principles of conflicts of law. The sole jurisdiction and venue for any suit, action, or proceeding arising out of the Agreement shall be an appropriate federal or state court in India, and the Parties agree not to raise and waive any objections or defences based upon venue or forum non-conveniens. All disputes arising out of the Agreement shall be primarily resolved amicably. Duvim is open to set up a mediation in case of any conflict. Before initiating any legal action arising out of the Agreement, a Party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate with an aim to a speedy resolution of such dispute within thirty (30) days of the receipt of such notice.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
This is a website owned by EllisIsOnline
If you have any comments or questions, you may address them to our customer service department at support@Duvimchat.com. Acceptance of Terms of Service. Duvim.com (the “Website”) is a service of Duvim systems. By accessing and using the Website (referred to as the “Service” and excluding any services provided to you by Duvim Chat under a separate written agreement), you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE IN ANY MANNER. Duvim Chat reserves the right to limit or end your access to the Website if you do not comply with these Terms of Service. You must be at least 13 to use the Website. If Duvim Chat discovers through reliable means that you do not meet this minimum age requirement, Duvim Chat will end your access.
1. Restrictions on use of the Service.
All messages, information, videos or other content, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. You are responsible for all items you record, upload, post, cause a display, playback or performance of, email, transmit or otherwise make available via the Website.
Duvim Chat reserves the right to but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Website and to remove any content in its sole discretion. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU RECORD, UPLOAD, POST, CAUSE TO BE DISPLAYED, PLAYED BACK OR PERFORMED IN ANY AREAS OF THE WEBSITE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITE AND THE SERVICE PROVIDED.
1. Content You Post to the Website. You may upload or record video, make comments and share other content with other users through the Website. By using the Service, you agree not to record, upload, post, transmit, cause the display, playback or performance of, or otherwise make available any content that:
2. Prohibited Activities. You may not use the Website to do any of: You may do none of the following to the Website:
Duvim Chat’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached:
1. Third-Party Web Sites, Services and Content. The Website may contain links to third-party sites are not under the control of Duvim Chat, and Duvim Chat is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link in a linked site, or any changes or updates to such sites. Including any link does not imply that Duvim Chat endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Duvim Chat is not responsible for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third-party site on the Website. Besides, links to advertising that has not been approved by Duvim Chat may be embedded in third-party content displayed on the Website. Duvim Chat is not responsible for any content, cookies, web beacons, or other technology used in connection with such advertising.
2. Termination or Modification; Consequences of Violation of Terms of Service. Duvim Chat reserves the right to end your privilege, to use the Website for any reason. Besides, Duvim Chat shall have the right but no obligation to:
Duvim Chat reserves the right from time to time to change or discontinue, temporarily or permanently, the Service (or any part thereof). You acknowledge that Duvim Chat may, from time to time upon prior update to the Terms of Service, change the services offered, including, without limitation, limits concerning use of the Service. Duvim Chat reserves the right to change or charge fees for access to portions or whole of any or all of the Website, including for services that Duvim Chat may have previously offered without charge. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if Duvim Chat requires a fee for any of the Website, we will give you reasonable advance notice of such fees and the opportunity to cancel your membership before it imposes such charges. If you elect not to pay such fees, Duvim Chat may cease providing Website access to you.
These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text messages, communications or other materials submitted to and stored within your Services ( “Service Data”) are detailed in and governed by our Master Subscription Agreement, available here, or such other applicable agreement between you and any member of the Duvim Group relating to your access to and use of such Services (“Service Agreement”).
1. Changes to Terms. We may modify these Terms, or any part thereof, including the addition or removal of terms, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to make up acceptance by you of such modifications, additions or deletions.
2. Changes to Websites. We may change or discontinue any aspect, service or feature of the Websites including, but not limited to content, availability, and equipment needed for access or use.
4. User Content Guidelines. The following terms apply to content submitted by you:
4.1 The Websites may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas, and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have got the legal consent of your parent or legal guardian to enter these Terms, submit content, and take part on the Websites.
4.2 By submitting any User Content or taking part in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities intending to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Duvim, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites; (j) rarely pertains to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials concerning products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Duvim, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites.
4.3 You agree not to represent or suggest, directly or indirectly, the Duvim Group’s endorsement of User Content.
4.4 You agree not to upload, post or otherwise transmit any User Content software or other materials which contain a virus or other harmful or disruptive component.
4.5 You agree not to use any service, technology or automated system to inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies, or automated systems on your behalf.
4.6 You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a period. You also agree not to direct any third party to use these services, technologies, or automated systems on your behalf.
4.7 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.
4.8 We are not responsible for the accuracy or credibility of any User Content and do not take any responsibility or assume any liability for any actions you may take because of reading User Content posted on the Websites. Through your use of Interactive Areas, it may expose you to content that you may find offensive, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under pretence, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or allowed government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by Duvim to monitor and/or change User Content does not constitute, nor shall they deem it to make up any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.
4.10 By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, change, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or developed, without payment to you or any third parties. To the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us you have the full legal right, power and authority to grant to us the license provided for that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or make up a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.
5. User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would make up a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, the Duvim Group or any Duvim Group employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information about users of the Websites or posting private information about a third party.
6. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, colour scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual properties and unfair competition laws.
Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, republish or transmit the Websites or Content (in whole or in part) or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium, and (c) no modifications are made to such Content.
7. Disclaimer of Warranty; Limitation of Liability.
8. Indemnification. You agree to defend, indemnify and hold harmless the Duvim Group, its affiliates and their respective directors, officers, employees and agents against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. The Duvim Group reserves the right to take over the exclusive defence of any claim for which it entitles us to indemnification under this section. You shall provide Duvim with such cooperation as is reasonably requested by the Duvim Group.
9. Termination. We may end or suspend these Terms without notice to you. Without limiting the foregoing, we may end your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider being unacceptable, or in the event of any breach by you of these Terms. Sections 2, and 5-12 shall survive termination of these Terms.
10. Governing Law. The content, data, video, and all other material and features on the Websites are presented to provide entertainment, news and/or the information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in India, its territories, possessions, and protectorates.
Any disputes, claims and controversies relating to your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed only following the laws and decisions of the State of California applicable to contracts made, entered and performed entirely without giving effect to its conflict of laws provisions.
Please report any violations of these Terms to the Duvim Legal Department.
11. Copyrights and Copyright Agent. We respect others’ intellectual property rights and expect our users and customers to do the same. If you believe that we have copied your work on the Websites in a way that makes up copyright infringement, please follow the procedures outlined in Duvim’s Copyright Infringement Notice & Takedown Policy. We reserve the right to end access to the Websites for users or customers who post material that infringes the intellectual property rights of others.
12. Miscellaneous. These Terms and any operating rules for the Websites established by us make up the entire agreement of the parties concerning the subject and supersede all previous written or oral agreements between the parties concerning such a subject. These Terms benefit the Duvim Group, its affiliates and its third party content providers and licensors, and each may assert and enforce such provisions directly or on its behalf. We shall deem no waiver by either party of any breach or default to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, we will replace it with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used are for convenience only and shall not be given any legal import.
13. English Version Controls
Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
These Terms were last updated on 20th July 2020.