Last Revised on: July 04, 2008
About WWW.EFACE.IN
www.eface.in is an online entertainment/Publishing site, owned and managed by Www.eface.in.
WWW.EFACE.IN members can Post New topics, sharing photos and posting journals and comments etc. In order
to ensure that the objectives of the site can be fulfilled to the satisfaction
of WWW.EFACE.IN members, we request and display some personal information /
profile information relating to one or more members to other members and
visitors, which allows our users to identify each other and expand their
network. WWW.EFACE.IN members can change their personal information
and/or profile information at any time. Kindly note that
although most of the online services are offered for free, users would require
a "Mandatory Registration" to navigate and use WWW.EFACE.IN services.
Www.eface.in respects the privacy of users and is committed to protect their
privacy in all respects. Should you have any questions concerning this privacy
policy, please email us at privacy@eface.in
The present privacy policy governs the online information collection practices
of Www.eface.in ("we" or "us" or "WWW.EFACE.IN").
Specifically, it outlines the types of information that we gather about you
from your use of the Www.eface.in website (the "Site"), and the ways
in which we use and don't use this information. This privacy policy, including
our children's privacy statement, does not apply to any information you may
provide to us or that we may collect offline and/or through other means. To register
for full access to the Site and in certain areas of the Site (for example, on
contest entry pages), where personal information is requested, you may be asked
for your age or birth date. You hereby agree that all information you provide
to WWW.EFACE.IN shall be truthful, accurate, and
complete.
This privacy policy details important information regarding the use and
disclosure of user and/ or member information collected on the Site.
WWW.EFACE.IN provides this privacy policy to help you make an informed decision
about whether to use or discontinue using the Site.
This privacy policy is incorporated into and is subject to the WWW.EFACE.IN
Terms of Use. Your use of the WWW.EFACE.IN Site and any personal information
you provide on the Site remains subject to the terms of this privacy policy and
our Terms of Use.
Please note that any video, image, comment or other content posted on the Site
becomes published content and is not considered personally identifiable
information which is subject to this privacy notice.
Please read this privacy policy carefully. By visiting and using the Site, you
agree that your use of the Site, and any dispute over privacy, is governed by
this privacy policy and our Terms of Use at the following link: Terms of
Use.
What information is collected about our users and members?
The information that we collect about you while you are using the Site falls
into the following general categories:
1. User provided information: We may collect and store information,
personal or otherwise, that you voluntarily supply either while on the Site or
in responding via email in connection with a feature provided on the Site. Some
examples of this type of information include demographic information that you
electronically submit when you sign up for access to certain features on the
Site, information (such as your name or email address) that you electronically
submit when you register for surveys or contests on the Site, information that
you post on message boards on the Site, and information contained in search
requests or questions that you submit to the Site. If you decline to supply or
provide us with certain information while using the Site, you may not be able
to use or participate in some or all of the features offered through the Site.
2. Cookies information: When you visit the WWW.EFACE.IN Site, we may
send one or more cookies - a small text file containing a string of
alphanumeric characters - to your computer that uniquely identifies your
browser. WWW.EFACE.IN uses both session cookies and persistent cookies. A
persistent cookie remains after you close your browser. Persistent cookies may
be used by your browser on subsequent visits to the site. Persistent cookies
can be removed by following your web browser help file directions. A session
cookie is temporary and disappears after you close your browser. You can reset
your web browser to refuse all cookies or to indicate when a cookie is being
sent. However, some features of the WWW.EFACE.IN Site may not function properly.
In addition, third party advertisers or third party ad servers that place and
present advertising on the Site also may collect information from you via
cookies, web beacons, clear .gifs or similar technologies. These third party
advertisers and ad servers may use the information they collect to help present
their advertisements, to help measure and research the advertisements'
effectiveness, or for other uses. The use and collection of your information by
these third party advertisers and ad servers is governed by the relevant third
party's privacy policy and is not covered by our privacy policy. Indeed, the
privacy policy of these third party advertisers and ad servers may be different
from our privacy policy.
3. Log file information: When you use the WWW.EFACE.IN Site, our servers
automatically record certain information that your web browser sends whenever
you visit any website. These server logs may include information such as your
web request, Internet Protocol ("IP") address, browser type, browser
language, referring / exit pages and URLs, platform type, number of clicks,
domain names, landing pages, pages viewed and the order of those pages, the
amount of time spent on particular pages, the date and time of your request,
and one or more cookies that may uniquely identify your browser.
4. Clear / transparent GIFs information: When
you use the WWW.EFACE.IN Site, we may employ "clear GIFs"
(a.k.a. Web Beacons) which are used to track the online usage patterns of our
users / members anonymously. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which
emails are opened by recipients.
How is this information used?
1. If you submit personally identifiable information to us through the WWW.EFACE.IN Site, then we use your personal information to operate, maintain, and provide to you the features and functionality of the WWW.EFACE.IN Site.
2. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected, seen and used by others besides us. We cannot be and are not responsible for any unauthorized third party use of such information. Your account name (not your email address) is displayed to other users / members when you upload videos or send messages through the WWW.EFACE.IN Site and other users / members can contact you through messages and comments. Any videos that you submit to the WWW.EFACE.IN Site may be redistributed through the internet and other media channels, and may be viewed by the general public.
3. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors. We reserve the right to use and to disclose to third parties all of the information that we collect online about you and other visitors in any way and for any purpose, with one important exception viz. We will not use the information that we collect online from you while you are using the Site, nor will we authorize third parties to use such information, to mail or email promotional offers directly to you unless you have specifically informed us that you would like to receive promotional offers from us and/or from third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major WWW.EFACE.IN Site changes or for customer service purposes).
4. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the WWW.EFACE.IN Site and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user / member preferences and trends.
5. We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the WWW.EFACE.IN Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, and contests.
6. The Site includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.
7. We may also make some content, products and services available through our Site through cooperative relationships with third party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly; in which cases the privacy policy of the provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information. Be aware that we may occasionally release information about visitors / members when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of the Site, the public, or the WWW.EFACE.IN Site.
8. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or our Site is acquired by another company, information about our visitors may be among the transferred assets.
When WWW.EFACE.IN discloses information
· We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliate companies, or other businesses or people for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
· We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the WWW.EFACE.IN Site.
· We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with any law or to respond to a court order or an order from any governing body or statutory authority.
· WWW.EFACE.IN also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that WWW.EFACE.IN believes, in good faith, is appropriate or necessary to enforce our terms of use., take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of WWW.EFACE.IN, our users / members or others.
Invitations and other communications to non-members
WWW.EFACE.IN members can invite friends to join the service by sending invitation
emails via our automated invitation system. The WWW.EFACE.IN Site stores the
email addresses that members provide so that the respondents may be added to
the friend's list of the member sending the invitations, and also to send
reminders of the invitations. The WWW.EFACE.IN Site does not sell these email
addresses or use them to send any other communication besides invitations,
invitation reminders (up to three (3) per email address). Recipients of
invitations from WWW.EFACE.IN may contact the WWW.EFACE.IN Site to request the
removal of their information from our database.
WWW.EFACE.IN members may also store email addresses of people they know in
their internal WWW.EFACE.IN address book and may also choose to send
invitations and other communications to those addresses.
You may prevent email invitations from us by sending a single email with the
subject "BLOCK" to unsubscribe@eface.in.
Please note that the email must come from the account you wish to block.
Our commitment to children’s' privacy
The Site is NOT directed to or intended for people under the age of Eighteen. A
User less than 18 (Eighteen) years of age should not register to use the Site.
WWW.EFACE.IN does not knowingly collect any personal information from people
under the age of eighteen. If you are a parent of a person under the age of
eighteen and you have questions about our Site or Privacy Policy, please feel
free to contact the WWW.EFACE.IN Privacy Coordinator at privacy@eface.in.
Our commitment to data security
We use commercially reasonable physical, managerial,
and technical safeguards to preserve the integrity and security of your
personal information. We cannot, however, ensure or warrant the security of any
information you transmit to WWW.EFACE.IN and you do so at your own risk. Once
we receive your transmission of information, WWW.EFACE.IN makes commercially
reasonable efforts to ensure the security of our systems. However, please note
that this is not a guarantee that such information may not be accessed,
disclosed, altered, or destroyed by breach of any of our physical, technical,
or managerial safeguards.
If WWW.EFACE.IN learns of a security systems breach, then we may attempt to
notify you electronically so that you can take appropriate protective steps.
WWW.EFACE.IN may post a notice on the WWW.EFACE.IN Site if a security breach
occurs. Depending on where you live, you may have a legal right to receive
notice of a security breach in writing. To receive a free written notice of a
security breach (or to withdraw your consent from receiving electronic notice)
you should notify us using this link privacy@eface.in.
Special note to international users/ members
If you are a user / member
accessing the WWW.EFACE.IN Site from any other region with laws or regulations
governing personal data collection, use, protection and disclosure, that differ
from Indian laws, please be advised that through your use of the WWW.EFACE.IN Site,
this Privacy Notice, and our Terms of Use, you are transferring your personal
information to India and you consent to that transfer. We will only be
complying with the legal provisions on the subject matter as applicable in
How you can make changes to your information
Notification of change
We reserve the right at any time to: change the terms of this Agreement; change
the Services, including eliminating or modifying any content on or feature of
the Site; or change/charge any fees or charges for use of the Services.
Any changes we make will be effective immediately on notice, which we may give
either by posting the new Agreement on the Site or via electronic mail. Your
use of the Services after such notice will be deemed acceptance of such
changes. Be sure to review this Agreement periodically to ensure your
familiarity with the most current version. You will always be able to tell when
the version was last updated by checking the "Last Revised" date in
the header of this agreement.
Conflict resolution
We are committed to resolving disputes as soon as
feasible and shall endeavor to resolve all disputes brought to our notice in
keeping with the mechanism prescribed, within 15 working days of such receipt.
Contact Information:
If site users have any questions or suggestions regarding our privacy policy,
please contact us at:
E-mail: support@eface.in
Last Revised on: December 19,
2008
PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This
Agreement is made between EFACE.IN.com and you as a site visitor and /or Member
("You").
This Agreement setforth the legally binding terms of
your use of the EFACE.IN.com website at its services located at URL
www.eface.in
By using and/or visiting this website ("EFACE.IN"), (collectively,
including all content available through the EFACE.IN.com domain name, the
"EFACE.IN Website", or "Website",) you signify your assent
to both these terms and conditions ("Terms of Use") and the terms and
conditions of EFACE.IN's Privacy Policy, which are
published, and which are incorporated herein for reference. In addition, when
using particular services provided by us such as viewing any clips, or
participating in any contests, you shall be subject to any additional
guidelines or rules applicable to such services. Kindly print
these terms of use or save a copy of these terms of service for your records.
If you do not agree to any of these terms, then please do not use the EFACE.IN
website.
1. The provision governing your use of the EFACE.IN website.
The EFACE.IN Website is hosted in
You are only authorized to use the EFACE.IN Website (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and to
these Terms of Use and the privacy policy referred to in Clause 1 above . . We
reserve the right at any time to: change the terms of this Agreement; change
the Services, including eliminating or modifying any content on or feature of
the Site; or change/charge any fees or charges for use of the Services. Any
changes we make will be effective immediately on notice, which we may give
either by posting the new Agreement on the Site or via electronic mail. Your
use of the Services after such notice will be deemed acceptance of such
changes. Be sure to review this Agreement periodically to ensure your
familiarity with the most current version. You will always be able to tell when
the version was last updated by checking the "Last Revised" date in
the header of this agreement.
Please note that these Terms of Use apply to all Users of the EFACE.IN Website,
including Users who are also contributors of video content, information, and
other materials or services on the EFACE.IN Website. The EFACE.IN Website may
contain links to third party websites that are not owned or controlled by
EFACE.IN. EFACE.IN has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party websites. In
addition, EFACE.IN will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve EFACE.IN from any
and all liability arising from your use of this Website and any third-party
website as aforesaid. Accordingly, we encourage you to be aware when you move
out of the EFACE.IN Website and to read the terms and conditions and privacy
policy of each other website that you visit.
a. You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") that you post on the EFACE.IN Website, and any material or information that you transmit to other Members and for your interactions with other Users. EFACE.IN does not endorse and has no control over the Content. Content is not necessarily reviewed by EFACE.IN prior to posting and does not necessarily reflect the opinions or policies of EFACE.IN. EFACE.IN makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
b. EFACE.IN hereby grants you permission to use the Website as set forth in these terms of use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without EFACE.IN's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
c. In order to access some features of the Website, you will have to create an account. You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify EFACE.IN immediately of any breach of security or unauthorized use of your account. Although EFACE.IN will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of EFACE.IN or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
d. KINDLY NOTE THAT EFACE.IN PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the EFACE.IN Website and that you provide to other Users. Your EFACE.IN profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 http://www.naavi.org/importantlaws/itbill2000/ch11.html and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EFACE.IN assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by EFACE.IN by any person, please contact us at abuse@eface.in or click on the "Report Abuse" link located at footer of every page on EFACE.IN.com.
e. EFACE.IN reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the EFACE.IN Website at any time, for any or no reason, with or without prior notice, and without liability. EFACE.IN expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the EFACE.IN Website if EFACE.IN determines, in its sole discretion, that you pose a threat to EFACE.IN and/or its Users.
f. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the EFACE.IN servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, EFACE.IN grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EFACE.IN reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (defined below).
g.
Below 18
Use of and membership in the EFACE.IN Website is void where prohibited. By
using the EFACE.IN Website, you represent and warrant that (a) you are 18 years
of age or above (b) your use of the EFACE.IN Website does
not violate any applicable law or regulation. Your profile may be deleted and
your membership may be terminated without warning, if we believe that you are
less than 18 years of age.
The Site is NOT directed to or intended for people under the age of 18
(Eighteen). Users less than Eighteen (18) years of age may not register to use
the Site. EFACE.IN does not knowingly collect any personal information from
users under the age of eighteen. If you are a parent of a person under the age
of eighteen and you have questions about our Site or Privacy Policy, please
feel free to contact the EFACE.IN Privacy Coordinator at privacy@eface.in.
These
Terms of Use shall remain in full force and effect while you use the EFACE.IN
Website or continue to be a Member. You may terminate your membership at any
time, by simply writing in at letmeout@eface.in.
EFACE.IN may terminate your membership at any time, without warning. Even after
membership is terminated, these Terms of Use will remain in effect and continue
to bind you accordingly.
h. You acknowledge that EFACE.IN reserves the right to charge for the services on the EFACE.IN Website and to change its fees from time to time at its discretion. If EFACE.IN terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees.
i. The EFACE.IN Website including the services provided on the Website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by EFACE.IN. Illegal and/or unauthorized use of the EFACE.IN Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the EFACE.IN Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the EFACE.IN services.
2. Intellectual property rights
The content on the EFACE.IN Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to EFACE.IN, subject to copyright
and other intellectual property rights under Indian laws and conventions.
Content on the Website is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners
and EFACE.IN. EFACE.IN reserves all rights not expressly granted in and to the
Website and the Content. You agree not to engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes. You agree not
to circumvent, disable or otherwise interfere with security related features of
the EFACE.IN Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the EFACE.IN Website or the Content
therein.
3. Important usage conditions and related provisions
a. The EFACE.IN Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, EFACE.IN does not guarantee any confidentiality with respect to any submissions.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
i. You own or have the necessary licenses, rights, consents, and permissions to use and authorize EFACE.IN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use; and
ii. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these terms of use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to EFACE.IN, you hereby grant EFACE.IN a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the EFACE.IN Website and EFACE.IN's (and its successor's) business, including without limitation for promoting and redistributing part or all of the EFACE.IN Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the EFACE.IN Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these terms of use.
c. In connection with User Submissions, you further agree that you will not:
i.
Submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner of such rights
or have written permission from their rightful owner to post the material and
to grant EFACE.IN all of the license rights granted herein;
ii.
Publish falsehoods or misrepresentations that
could damage EFACE.IN or any third party;
iii.
Submit material that is unlawful, obscene,
defamatory, libelous, scandalous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate;
iv.
Post advertisements or solicitations of
business:
v.
Impersonate another user. EFACE.IN does not
endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and EFACE.IN expressly disclaims any and all liability in connection
with User Submissions. EFACE.IN does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and EFACE.IN
will remove all Content and User Submissions if properly notified that such
Content or User Submission infringes on another's intellectual property rights.
EFACE.IN reserves the right to remove Content and User Submissions without
prior notice. EFACE.IN will also terminate a User's access to its Website, if
they are determined to be a repeat infringer. A repeat infringer(except
in the case of pornographic content) is a User who has been notified of
infringing activity more than twice and/or has had a User Submission removed
from the Website more than twice.
EFACE.IN also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, scandalous or defamatory material, of excessive length. EFACE.IN may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
d. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to support@eface.in with the following information in writing:
i. A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
e. You understand that when using the EFACE.IN Website, you will be exposed to User Submissions from a variety of sources, and that EFACE.IN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Website with respect thereto, and agree to indemnify and hold EFACE.IN, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
f. EFACE.IN permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, EFACE.IN provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the EFACE.IN Website, provided that you include a prominent link back to the EFACE.IN Website on the pages containing the Embeddable Player. EFACE.IN reserves the right to discontinue any aspect of the EFACE.IN Website at any time.
g. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the EFACE.IN services. EFACE.IN reserves the right to investigate and take appropriate legal action against anyone who, in EFACE.IN's sole discretion, violates this provision, including without limitation, removing the offending communication from the EFACE.IN Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of EFACE.IN:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another user;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, addresses, last names, urls or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";"phishing"
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
16. criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the EFACE.IN services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the EFACE.IN Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, EFACE.IN.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which EFACE.IN deems appropriate in its sole discretion. If you breach any provisions of these Terms of Use and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the EFACE.IN Website, you acknowledge that you will have caused substantial harm to EFACE.IN, but that the amount of such harm would be extremely difficult to ascertain.
18. covering or obscuring the banner advertisements on your personal profile page, or any EFACE.IN page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the EFACE.IN Website or the networks or services connected to EFACE.IN;
21. attempting to impersonate another Member or person;
22. for band profiles, copying your EFACE.IN code and embedding it into other profiles or asking other Members to embed it into their profiles;
23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the EFACE.IN Website in order to harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the EFACE.IN Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
27. using the EFACE.IN Website in a manner inconsistent with any and all applicable laws and regulations.
a. You are solely responsible for your interactions with other EFACE.IN Members. EFACE.IN reserves the right, but has no obligation, to monitor disputes between you and other Members.
b. Use of the EFACE.IN Website is also governed by our privacy policy, which is incorporated into these Terms of Use by this reference.
4. EFACE.IN
The following terms of use along with the General
terms of use of EFACE.IN govern your use of EFACE.IN Mobile Services which is
made available to you on AS IS BASIS. You are only authorized to use the Mobile
Services (regardless of whether your access or use is intended) if you agree to
abide by all applicable laws, rules and regulations ("Applicable
Law"), our general terms of use and this Mobile Terms of Use. Please read
our general terms of use and this Mobile Terms of Use carefully. If you do not
agree to be bound by both these terms of use and to follow all Applicable Law,
you should discontinue use of this Service immediately. Please read this and
our general terms of use below, as they govern your use of EFACE.IN Mobile
Services.
If you wish to make use of this Mobile Service, you must indicate your
acceptance of our general terms of use and this Terms of Use during the Mobile
Application access process. In order to use the Mobile Service, you may be
required to download software or content and/or agree to additional terms and
conditions.
We may modify our General Terms of Use or this Terms of Use from time to time
and such modification shall be effective upon posting by us on our Website.
Your continued use of the Mobile Service after we post the revised Terms of Use
and/or Mobile Terms of Use signifies your acceptance
of such revised terms. It is therefore important that you review the terms of
use and the Mobile Terms of Use regularly to ensure you are updated as to any
changes.
This Service (or any part thereof) may be accessed or made available to you
through various mediums or devices now existing or hereafter developed,
including but not limited to internet, mobile telephone or other
telecommunication services or any combination thereof. To access this Service
you may be required to subscribe for the mobile telecommunication services of
the mobile operator who provides this service or with whom EFACE.IN has tied
up. You shall be solely responsible for the payment of any service/subscription
fees to your mobile operator for accessing the services. The functioning and
operation of the Service is dependent on the Telecom Operators network for
which EFACE.IN shall not be responsible in the event of failure of Telecom
Operators network transmission or failure of message transmission for any
reasons whatsoever.
The Service includes certain services that are available via your mobile phone,
including
i. the ability to upload content to EFACE.IN via your mobile phone (Mobile Uploads),
ii. the ability to receive and reply to EFACE.IN messages, to send a shoot out and receive shoot outs and to write scribbles using text messaging (Mobile Texts),
iii. the ability to browse EFACE.IN from your mobile phone (Mobile Web), and
iv. the ability to access certain EFACE.IN features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services").
EFACE.IN does not charge you to
access its services on
The Service may also include access to products and services of independent
third parties either directly or via links to sites operated by third parties.
Where reasonably possible, EFACE.IN will indicate the products and services
provided by third parties as such. Even though they may be co-branded with
EFACE.IN and so include EFACE.IN's trademarks, the
contracts for products and services provided by third parties are concluded
directly between you and the third party. EFACE.IN WILL NOT BE A PARTY TO, OR
IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES
MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION
PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
In accessing the Portal and the material or content made available by EFACE.IN
via the Portal, you agree that you do so only for your own personal,
non-commercial use. You agree to use the Portal and Services only for lawful
purposes, and in a manner which does not infringe the rights of, or restrict or
inhibit the use and enjoyment of the Portal or Services by, any third party.
You hereby confirm undertake and agree that:-
i. You are 18 years of age or above
ii. You are solely responsible for all the content that you upload on EFACE.IN and all activities that occur under your password or user name.
iii. You will not upload any infringing or potentially infringing content, any illegal content or any prohibited content or any content that violates any laws or any right of any party.
iv. We may terminate your use of the Site and/or the Services at any time if you breach any of these terms of use or our general terms of use or at our sole discretion if we have reason to believe that your use of the Service is causing us prejudice or to the other users.
v. You shall comply with laws as applicable from time to time regarding the usage of our website ; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service.
vi. The website and all its features are made available to you on an 'AS IS' basis for your information and personal use only and you have no right to commercially exploit the website or any feature of the website.
vii. EFACE.IN disclaims all warranties, express or implied, in connection with the website and your use thereof.
viii. You and the original owner of the mobile device undertake to indemnify and hold harmless EFACE.IN from and against any /all claims, in consequence of your actions while using our website or any part thereof.
ix. Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of Mumbai.
x. You agree to waive your rights with reference to the "Do Not Call Registry" so as to enable us to render our services
xi. You shall adhere to the terms and conditions of your mobile service provider while accessing our services.
xii. You hereby accept that you have perused our detailed terms of use available on our website to understand the terms and conditions concerning the usage of our website.
xiii. You will use your best efforts to notify us of any illegal use of our website by any user, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on our website. However your inability for any reason not to notify us will not render you liable for the termination of our services.
5. Disclaimers
YOU AGREE THAT YOUR USE OF THE EFACE.IN WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, EFACE.IN, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EFACE.IN MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR
THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE EFACE.IN WEBSITE. EFACE.IN DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EFACE.IN WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
EFACE.IN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
INCLUSION OF ANY LINKED WEBSITE ON THE EFACE.IN WEBSITE DOES NOT IMPLY APPROVAL
OR ENDORSEMENT OF THE LINKED WEBSITE BY EFACE.IN. WHEN YOU ACCESS THESE
THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. EFACE.IN TAKES NO RESPONSIBILITY
FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE EFACE.IN WEBSITE OR
THROUGH THE EFACE.IN SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE
GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. EFACE.IN IS NOT RESPONSIBLE FOR
THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE EFACE.IN SERVICES.
EFACE.IN ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY
USER OR MEMBER COMMUNICATION. EFACE.IN IS NOT RESPONSIBLE FOR ANY PROBLEMS OR
TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE
SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY
EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE
INTERNET OR ON ANY OF THE EFACE.IN SERVICES OR COMBINATION THEREOF, INCLUDING
ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR
RESULTING FROM PARTICIPATION IN CONNECTION WITH THE EFACE.IN SERVICES. UNDER NO
CIRCUMSTANCES SHALL EFACE.IN BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL
INJURY OR DEATH, RESULTING FROM USE OF THE EFACE.IN SERVICES, ATTENDANCE AT A
EFACE.IN EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE EFACE.IN SERVICES, OR
FROM THE CONDUCT OF ANY USERS OF THE EFACE.IN SERVICES, WHETHER ONLINE OR
OFFLINE. THE EFACE.IN SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE
AND EFACE.IN EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. EFACE.IN CANNOT GUARANTEE AND DOES NOT PROMISE ANY
SPECIFIC RESULTS FROM USE OF THE EFACE.IN SERVICES.
6. Limiation of liability
IN NO EVENT SHALL EFACE.IN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EFACE.IN
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EFACE.IN SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by EFACE.IN from its facilities in
7. Indemnity
You agree to defend, indemnify and hold harmless EFACE.IN, its parent
corporation, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the EFACE.IN Website; (ii) your violation of any term of
these Terms of Use; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
one of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Use and your use of the
EFACE.IN Website.
8. Ability to accept terms of use
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use.
9. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by EFACE.IN without
restriction.
10. General
You agree that: (i) the EFACE.IN Website shall be deemed solely based in India;
(ii) the section titles in this Agreement are for convenience only and have no legal
or contractual effect; (iii) nothing in these Terms of Use shall be deemed to
constitute a partnership or a joint venture between the you and EFACE.IN.
Nothing contained in these Terms of Use shall constitute you as the agent of
EFACE.IN or otherwise entitle you to have authority to bind EFACE.IN for any
purpose. and (iv) any claim or dispute between you and EFACE.IN that arises in
whole or in part from the EFACE.IN Website shall be decided exclusively by a
court of competent jurisdiction located in Mumbai, India. You and EFACE.IN
shall be bound to submit all disputes howsoever arising out of or in connection
with the use of the EFACE.IN Website to arbitration to one (1) arbitrator
nominated and appointed by EFACE.IN. The arbitration shall in all matters be
governed by the Arbitration and Conciliation Act, 1996. The place of
arbitration shall be