These
Terms of Use are effective on September, 2020.
1.
INTRODUCTION AND ACCEPTANCE
These “Terms
of Use” apply to the Websites controlled by Creativity Innovations and/or
its subsidiary and affiliated entities where these Terms of Use are
posted. “Websites” include sites hosted by one or more web servers
(however accessed and/or used, whether via personal computers, mobile devices
or otherwise (collectively, “Computer”)) and other interactive features,
applications or downloads that are operated by us and that are available
through, or interact with, Websites where these Terms of Use are posted.
PLEASE GO
THROUGH THESE TERMS OF USE AND OTHER ADDITIONAL TERMS (DEFINED BELOW) CAREFULLY
BEFORE ACCESSING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND
OBLIGATIONS. BY ACCESSING AND/OR USING THE WEBSITES (OTHER THAN TO READ
THESE TERMS OF USE), YOU UNDERSTAND AND AGREE TO OBEY WITH THESE TERMS OF USE,
WHICH MAY CHANGE AT ANY POINT OF TIME. THESE TERMS OF USE WANTS YOU TO
AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS
AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND
REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM
CAREFULLY
2.
INTELLECTUAL PROPERTY
Unless
otherwise explicitly specified, the Websites (including past, present and
future versions) and included content (and any derivative works or enhancements
of the same), including, but not limited to, all layout, text, illustrations,
instructions, files, images, designs, software, scripts, graphics, photos,
sounds, music, videos, information, advertising copy, content, materials,
products, services, URLs, technology, documentation, interactive features, the
"look and feel" of the Websites, the compilation, assembly and arrangement
of the materials of the Websites and any and all copyrightable material
(including source and object code), (collectively, the "Website
Content") and all intellectual property rights to the same are owned or
controlled by us, our licensors, or both. Additionally, all trademarks,
service marks, trade names, trade identities and trade dress that may appear on
the Websites are owned by us, our licensors, or both. Except for the
limited use rights granted to you in these Terms of Use, you shall not acquire
any right, title or interest in the Websites or any Website Content. Any rights
not expressly granted in these Terms of Use are expressly reserved.
You agree
that these Terms of Use are supported by good and valuable consideration the
receipt and sufficiency of which you hereby acknowledge. Such
consideration includes, without limitation, your use of the Websites and the
materials and information available on the same and the possibility of
publication or publicity of your User Content.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
3. Basic Terms
- In order to use this application use should be at least 13 years old.
- This is meant for entertainment purpose only. Our main objective is to publish latest updates of Hollywood, Bollywood, movie Reviews, Celebrities biography, Music Reviews, Box office Reviews & Report, Television & Web Series Reviews, south Movies Reviews and others entertaining gossip news from across the world.
- Anything that promotes nudity, sex, any particular caste or religion, pornography or sexually suggestive material will not be entertained.
- You are not allowed to abuse any people or entities and you must not post any confidential or secret information via the Service. You are not authorized to share the Service for any unauthorized or improper purpose. You agree to abide by with all regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are not allowed to change, edit, adapt or alter the Service or change, edit or alter any other third party website(s) so as to falsely imply that it is related with the Service or you are solely responsible.
- Sending or creating, unwanted email, comments, Rating or other forms of commercial or harassing communications to other users are strictly prohibited.
- You are not allowed to interrupt the Service or servers or networks connected to the Service by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- You are not allowed to use an automated device, script, bot, spider, crawler or scraper while using this service.
- You must not encourage or facilitate violations of these Terms of Use or any other terms.
- If you violate these Terms of Use then proper actions will be taken for that from our end.
4. MOBILE
The Websites may include certain
features and services that may be available via your mobile phone, including,
without limitation: (a) the ability to upload to the Websites via your mobile
phone (Mobile Uploads), (b) the ability to receive and reply to messages and to
send content and messages using text messaging (Mobile Texts), and (c) the
ability to access the Websites from your mobile phone (Mobile Web) (collectively,
the "Mobile Services"). We typically do not charge for Mobile
Services. Your carrier’s normal messaging, data and other rates and fees
will, however, still apply. Your carrier may prohibit or restrict certain
Mobile Services and certain Mobile Services may be incompatible with your
carrier or mobile device. You should check with your carrier to find out
what plans are available and how much they cost. By using the Mobile
Services you agree that we may communicate with you regarding the Website and
our partners through email.
5. INDEMNIFICATION
Any all claims, liabilities,
losses, damages, obligations, costs and expenses (including reasonable
attorneys’ fees and costs) arising out of, related to, or that may arise in
connection with: (i) Your access to or use of the Websites; (ii) Any actual or
alleged violation or breach by you of these Terms of Use or applicable
Additional Terms; (iii) Your acts or omissions, you agree to defend, indemnify
and hold us harmless. You agree to cooperate fully with us in the defense of
any claim that is the subject of your obligations hereunder.
6.
Arbitration
Except if
you opt-out or for disputes relating to: (1) your or ILearnOnSky.com
intellectual property (such as trademarks, trade dress, domain names, trade
secrets, copyrights and patents); or (2) violations of provisions of the Basic
Terms, above ("Excluded Disputes"), you agree that all disputes
between you and ILearnOnSky.com. (whether or not such dispute involves a third
party) with regard to your relationship with ILearnOnSky.com, including without
limitation disputes related to these Terms of Use, your use of the Service,
and/or rights of privacy and/or publicity, will be resolved by binding,
individual arbitration.
7. TERMINATION
(A) In our sole discretion and at
any time we reserve the right to terminate or suspend your newsletter
subscription and stop sending you newsletters for any reason, including,
without limitation, if you have failed to comply with the letter and spirit of
these Terms of Use or applicable Additional Terms. You agree that we
shall not be liable to you or any third party for any termination or suspension
of your newsletter subscription or for blocking your access to the Websites.
(B) Any suspension or termination shall not
affect your obligations to us under these Terms of Use. The provisions of
these Terms of Use which by their nature should survive the suspension or
termination of your Membership or these Terms of Use shall survive, including,
but not limited to, the rights and licenses that you have granted hereunder,
indemnities, releases, disclaimers, limitations on liability, provisions
related to choice of law, dispute resolution, no class action, no trial by jury
and all of the miscellaneous provisions. Upon suspension or termination
you agree that you will immediately discontinue use of the Website Content and
destroy any copies of Website Content in your possession, including deleting
any downloaded Website Content from your Computer.
8.
Territorial Restrictions
The information
provided within the Service is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject ILearnOnSky.com
to any registration requirement within such jurisdiction or country. We reserve
the right to limit the availability of the Service or any portion of the
Service, to any person, geographic area, or jurisdiction, at any time and in
our sole discretion, and to limit the quantities of any content, program,
product, service or other feature that ILearnOnSky.com provides.
9. COPYRIGHT POLICY
The contents posted in ILearnOnSky.com are ILearnOnSky.com’s
property. You are not allowed to use these contents for your commercial
purpose. However, you can distribute the content of ILearnOnSky.com in online
blogs and websites. However, for that you have to mention the link of the
contents source file of ILearnOnSky.com and also you have to give the credits
to ILearnOnSky.com with URL or link.
10. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL
Creativity Innovations OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES,
OR THEIR RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE OR EXEMPLARY DAMAGES
(EVEN IF FORSEEABLE OR IF SCRIPPS NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR
OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE
WEBSITES, THESE TERMS OF USE OR APPLICABLE ADDITIONAL TERMS. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE WEBSITES, INCLUDING, WITHOUT LIMITATION,
THE WEBSITE CONTENT IS TO STOP USING THE WEBSITES. SUCH LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON
THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR ANY LINKS ON THE
WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A
THIRD-PARTY ON THE WEBSITES.
(B) NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF
SCRIPPS NETWORKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS,
SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR
RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY
SCRIPPS NETWORKS DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR
IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE OR APPLICABLE
ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(C) In some jurisdictions
limitations of liability or of warranties are not permitted. In such
jurisdictions, some of the foregoing limitations may not apply to you. These
limitations shall apply to the fullest extent permitted by law.
11. DISPUTE RESOLUTION; BINDING
ARBITRATION
In the Dispute Resolution Section
only, "we" and "us" are used to refer to you and Creativity
Innovations
(A) We each agree to first
contact each other with any Disputes (defined below) and provide a written
description of the problem and the proposed resolution. You agree to
contact us with Disputes by contacting us at our email id. We will
contact you based on the contact information you have provided us.
(B) We each agree to finally
settle all Disputes (as defined and subject to any specific exceptions below)
only by arbitration. In arbitration, there’s no judge or jury and review
is limited. However, just as a court would, the arbitrator must honor the
terms and limitations in the Terms of Use and can award the prevailing party
(ies) damages and relief. The arbitrator’s decision and award is final
and binding, with some exceptions under the Federal Arbitration Act
("FAA"), and judgment on the award
may be entered in any court with jurisdiction. We each also agree as follows:
(i) "Disputes" are any claims or
controversies against each other related in any way to the Websites, Website
Content or these Terms of Use - this includes claims you bring against our
employees, agents, affiliates or other representatives, and claims Creativity
And Innovations may bring against you; provided, however, that any issues
relating to Creativity And Innovations ' intellectual property rights,
including any such rights Creativity And Innovations claims that may be in
dispute, shall only be subject to arbitration if Creativity And Innovations’
General Counsel agrees in writing to have such subject to arbitration.
(ii) If either of us wants to arbitrate a Dispute, we
agree to send written notice to the other providing a description of the
Dispute and the proposed resolution. We
will send notice to you based on the contact information you have provided us
and notice to us must be sent to our Email id we agree to make attempts to
resolve the Dispute.
(iii) The FAA applies to this Agreement and arbitration
provision. We each agree the FAA’s
provisions, not state law, govern all questions of whether a Dispute is subject
to arbitration.