Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Terms of Use
These Terms of Use ( “Terms”) are made between “Snowlush ” and you as a “site visitor” and/or “registered user” (“User”/“You”).
These Terms of Use set forth the legally binding terms of your use of the Snowlush.com website located at www.Snowlush.com.
By using and/or visiting this website, the Snowlush application or any other platform through which Snowlush.com is accessible (“Snowlush”), (collectively, including all content available through the Snowlush.com domain name, (the “Website” or “Site”) You signify your assent to both these terms and conditions (“Terms of Use”) and the terms and conditions of Snowlush’s Privacy Policy (the “Privacy Policy”), which is published on the Website for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests, if any, 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 Use for your records. If you do not agree to any of these terms, then please do not use the Website.
The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of these Terms.
Changes
You can access the Website, subject to the terms and conditions of use, as changed/updated from time to time entirely at the discretion of Snowlush as set out below. These Terms of Use are for an indefinite term and you understand and agree that you are bound by such terms till the time you access the Website.
We reserve the right at any time to change the Terms of Use including but not limited to suspend/cancel, discontinue a service at any time without notice and make modifications and alterations in any or all of the content, products, features and services or change/charge any fees or charges for use of the services contained on the Website without prior notice. You will be deemed to have accepted such change/s if you continue to access the website subsequent to such changes.
The Provisions Governing Your Use of the Snowlush Website
Snowlush.com is an online site and has its principal place of business at Mumbai, Maharashtra, India.
You are only authorized to use the 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.
Please note that these Terms of Use apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services on the Website.
Links to Third Party Websites
The Website may contain links to third party websites that are not owned or controlled by Snowlush. Snowlush has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Snowlush will not and cannot censor or edit the content of any third party site. By using the Website, You expressly relieve Snowlush 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 Snowlush Website to read the terms and conditions and privacy policy of other websites that You visit.
SNOWLUSH WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES INCLUDING SELLERS OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
Submission and Ownership of Content
You are solely responsible for submitted content including without
limitation, information, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features, messages, reviews and opinions about
products, services and happenings of the city of Mumbai or otherwise, comments
to other people’s opinions, blogs, articles, entertainment listings and the
like, whether publicly or privately transmitted or posted (“Content”) on the Snowlush
website, and any material or information that you transmit to other users for
your interactions with other Users. Snowlush does not endorse and has no control
over the Content. Content is not necessarily reviewed by Snowlush prior to
posting and does not necessarily reflect the opinions or policies of
Snowlush . Snowlush makes no warranties, express or implied, as to the Content
posted or submitted by users or to the accuracy, completeness, safety,
timelines, legality, quality and reliability of the Content posted or submitted
by Users or any material or information that you transmit to other Users.
Under no circumstances, we will be liable in any way for any content, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for 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 such Content posted or uploaded. By posting comments and other community services You agree not to upload, post or otherwise transmit any matter or views, which are threatening, defamatory, abusive, obscene, offensive, illegal, infringement of other’s rights including intellectual property rights, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person / user or download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner.
Snowlush reserves the right, but has no obligation, to monitor disputes between
You and any entity which you have reviewed.
In addition to what is stipulated above, the following is a non-exhaustive
list of the kind of Content and communications that are illegal or prohibited
on/through the
Snowlush Website.
Snowlush reserves the right to investigate and take appropriate legal action in
its sole discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the
Snowlush service and terminating the membership of such violators or blocking
your use of the
Snowlush service and/or
Snowlush Website.
You May Not Post Content That
– is false or intentionally misleading;
– is patently offensive to users of the
Snowlush Website, such as Content or messages that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– involves the transmission of unsolicited mass mailing or “spamming”;
– promotes illegal activities or conduct that is abusive;
– is threatening, obscene, defamatory or libelous;
Use of Website
Snowlush 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, non- commercial use; (ii) You will not copy or distribute
any part of the Website in any medium without
Snowlush ’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.
Registration and Security
In order to access some features of the Website, You may now or in the
future have to create an account. You may never use another user’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
Snowlush immediately of any breach of security or unauthorized use of Your
account. Although
Snowlush will not be liable for your losses caused by any unauthorized use of
your account, You may be liable for the losses of Snowlush or others due to
such unauthorized use. In consideration of Your use of the Website 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 Website 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 Website 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.
You may not enter, select or use a false name or an email address owned or
controlled by another person with the intent to impersonate that person or use
as a User ID, a name subject to any rights of a person other than yourself
without appropriate authorization.
Snowlush reserves the right to refuse registration of, or cancel a User ID in
its discretion.
The Website may be inaccessible for such purposes as it may, at its sole
discretions deem necessary, including but not limited to regular maintenance.
However, under no circumstances will
Snowlush be held liable for any losses or claims arising out of such
inaccessibility to the Users and the Users expressly waive any claims against
Snowlush in this regard.
Users of the Website may be required to provide certain personal information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available at [hyperlink to be inserted here].
Restriction of Right to Use
KINDLY NOTE THAT
Snowlush PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the
information you post on the Snowlush Website and that you provide to other
Users. Your
Snowlush Content 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.
You may not post content that seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Any User 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 Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Snowlush assumes no responsibility or liability for this material. If You become aware of misuse of the services provided by Snowlush by any person, please contact us at [email protected].
You Shall Not (and you agree not to allow any third party to):
-modify, adapt, translate, or reverse engineer any portion of the Snowlush
Website and/or
Snowlush service;
– remove any copyright, trademark or other proprietary rights notices
contained in or on the
Snowlush Website and/or
Snowlush service;
– use any robot, spider, site search/retrieval application, or other device
to retrieve or index any portion of the
Snowlush Website and/or
Snowlush service;
– collect any information about other users (including usernames and/or
email addresses) for any purpose other than to solicit and share reviews with
other
Snowlush users;
– reformat or frame any portion of the web pages that are part of the
Snowlush Website and/or
Snowlush service;
– create user accounts by automated means or under false or fraudulent pretenses;
– create or transmit unwanted electronic communications such as “spam” to
other users of the
Snowlush Website and/or
Snowlush service or otherwise interfere with other user’s enjoyment of the
Snowlush Website and/or
Snowlush service;
– submit any third party materials or Content without such third party’s prior written consent;
– submit any Content or material that falsely express or imply that such
Content or material is sponsored or endorsed by
Snowlush;
– submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
– transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
– use of the
Snowlush Website or
Snowlush services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material
including that are deemed threatening or obscene;
– copy or store any Content offered on the
Snowlush Website for other than your own use;
– submit Content or materials that are unlawful or promote or encourage illegal activity;
– submit false or misleading information to
Snowlush;
– take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
– use the
Snowlush Website and/ or
Snowlush service, intentionally or unintentionally, to violate any applicable
local, state, national or international law; or
– collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Content Filtering
Snowlush.com takes no responsibility nor does it endorse or recommend any of the stories, comments, opinions, views or ideas contributed by its users and/or authors. However, Snowlush.com permits others to make judgments about your Content that may affect the display of your Content. Further, Snowlush.com may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, Snowlush.com may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve Snowlush.com’ relationships with its service providers (such as its Internet access providers). Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Below 18 years of Age
Use of and membership in the Snowlush Website is void where prohibited. By using the Snowlush Website, you represent and warrant that (a) you are 18 years of age or above (b) your use of the Snowlush Website does not violate any applicable law, rule or regulation. Your profile, if any, may be deleted and your membership may be terminated without warning, if we believe that you are less than 18 years of age.
The Website is NOT directed to or intended for people under the age of 18. Users less than 18 years of age may not register to use the Website. Snowlush 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 Website or Privacy Policy, please feel free to contact the Snowlush Privacy Coordinator at [email protected].
These Terms of Use shall remain in full force and effect while you use the Snowlush Website.
Charges
You acknowledge that Snowlush may reserve the right to charge for the services in the future on the Website or to change its fees from time to time at its discretion. If Snowlush 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, if any.
Personal Use
The Website including the services provided on the Website are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Snowlush. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the 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 Snowlush services.
Intellectual Property Rights and No Re- transmission of Information
Snowlush.com as well as the design and information contained in this Website is the valuable, exclusive property of Snowlush.com, and nothing in these Terms of Use shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
The Content on the Website, except all User Submissions (as defined below), including without limitation, the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Snowlush, 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 Snowlush.
You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share Snowlush.com, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by Snowlush.com prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of Snowlush.com without prior written authorization.
Snowlush 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Important Usage Conditions and Related Provisions
The 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, Snowlush does not guarantee any confidentiality with respect to any submissions.
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 Snowlush 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 Snowlush, you hereby grant Snowlush a worldwide, non-exclusive, royalty-free, sub – licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the 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.
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 Snowlush all of the license rights granted herein:
Publish falsehoods or misrepresentations that could damage Snowlush or any third party;
ii. Post advertisements or solicitations of business;
iii. Impersonate another user.
Snowlush does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Snowlush expressly disclaims any and all liability in connection with User Content and submissions. Snowlush does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Snowlush will remove all Content and submissions if properly notified that such Content or submission infringes on another’s intellectual property rights. Snowlush reserves the right to remove Content and User submissions without prior notice. Snowlush 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.
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 [email protected] 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.
You understand that when using the Website, You will be exposed to User submissions from a variety of sources, and that Snowlush 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 Snowlush, 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.
Illegal or Prohibited Content
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Snowlush services. Snowlush reserves the right to investigate and take appropriate legal action against anyone who, in Snowlush’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Snowlush:
exploits people in a sexual or violent manner;
2. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
3. provides any telephone numbers, addresses, last names, urls or email addresses;
4. 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;
5. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming” ”phishing”
6. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
7. 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;
8. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
9. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
10. includes a photograph of another person that you have posted without that person’s consent; or
11. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
12. 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;
13. advertising to, or solicitation of, any user to buy or sell any products or services through the Snowlush services. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, the Website reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which Snowlush 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 Website, you acknowledge that you will have caused substantial harm to Snowlush, but that the amount of such harm would be extremely difficult to ascertain.
14. covering or obscuring the banner advertisements on your personal profile page, or any Snowlush page via HTML/CSS or any other means;
15. interfering with, disrupting, or creating an undue burden on the Snowlush Website or the networks or services connected to Snowlush;
16. for band profiles, copying your Snowlush code and embedding it into other profiles or asking other users to embed it into their profiles;
17. using any information obtained from the Website in order to harass, abuse, or harm another person;
18. 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 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
19. using the Website in a manner inconsistent with any and all applicable laws and regulations.
As mentioned earlier above, use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.
Terms of Products listed on the Website
A segment of Website operates as a market place and merely provides an online platform to various sellers (including other marketplaces) (“Sellers”) to advertise, display and make available various products (“Products”) to the Users of the Website. The Website merely facilitates the engagement of the Users and various Sellers. Additionally, the Website reserves the right to terminate such services offered at any time to the Users without any notice.
All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. Snowlush disclaims any liabilities arising out of any discrepancies to this end.
Snowlush hereby disclaims any guarantees of exactness as to the finish and appearance of the final Products. The quality of any Products, related information, is not endorsed or supported by Snowlush and is the sole liability of the respective Seller.
Prices for Products is solely fixed by the Seller and Snowlush in no way has any influence over the price of the Products. Further, Snowlush disclaims any and all claims and/or liabilities arising from such revision in prices.
As indicated, any person may access the Website and the Products either by registering to the Website or using the Website as a guest.
All sales of the Products shall be concluded in the online portal of the respective Seller and shall be governed by the policies, terms and conditions of the respective Seller. The Seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User as per the Seller’s policies including any providing refunds, facilitating returns etc.
Every User agree and acknowledge that the Website is only a facilitator not the seller of the Products or a vendor in any capacity and therefore is not and cannot be a party to or control in any manner any transactions relating to the Products. Snowlush does not hold any title, right or interest in the Products listed on the Website. Accordingly, any contract for the sale / purchase of Products on the Website is essentially a contract between the User and the Sellers.
Further, Snowlush disclaims all obligations and liabilities emanating from purchasing of Products by the Users from the online platform of the Sellers.
The Website or Snowlush neither recommends nor endorses any of the Products listed on the Website and nor does the Website provide any guarantee, warranties or assurance with respect to the Products on the Website.
Undertakings
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 Snowlush 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. Snowlush disclaims all warranties, express or implied, in connection with the website and your use thereof;
viii. Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of Mumbai, India;
ix. 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; and
x. 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.
Delays in Services
Neither Snowlush.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.
Equipment and Operation
You shall provide and maintain all telephone/internet and other equipment necessary to access the Website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website.
Disclaimers
YOU AGREE THAT YOUR USE OF THE SNOWLUSH WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SNOWLUSH, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SNOWLUSH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION 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 SNOWLUSH WEBSITE. SNOWLUSH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SNOWLUSH WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SNOWLUSH 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 SNOWLUSH WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY SNOWLUSH. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. SNOWLUSH TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE SNOWLUSH WEBSITE OR THROUGH THE SNOWLUSH SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. SNOWLUSH IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SNOWLUSH SERVICES. SNOWLUSH 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, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE. SNOWLUSH 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 SNOWLUSH 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 SNOWLUSH SERVICES. UNDER NO CIRCUMSTANCES SHALL SNOWLUSH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SNOWLUSH SERVICES, ATTENDANCE AT A SNOWLUSH EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE SNOWLUSH SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SNOWLUSH SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN CONTRACT TORT OR OTHERIWSE. THE SNOWLUSH SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND SNOWLUSH EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SNOWLUSH CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SNOWLUSH SERVICES.
Limitation of Liability:
IN NO EVENT SHALL SNOWLUSH, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION OR DATA 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 SNOWLUSH 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 SNOWLUSH 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 Snowlush from its facilities in India. Snowlush makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.
Indemnity:
You agree to defend, indemnify and hold harmless Snowlush, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorneys fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the Website; (ii) your violation or non- compliance of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, 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 Website.
We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
conform to legal requirements or comply with legal process;
2. protect and defend our rights or property or our affiliated companies;
3. enforce the Terms of Use; or
4. act to protect the interest of our members or others.
Our performance of these Terms of Use are subject to compliance with existing laws, rules, regulations, as may be applicable, and legal processes and nothing contained in these Terms of Use are in derogation of our rights to comply with any governmental, court and law enforcement requests or requirement relating to your use of the Website or services or information provided to or gathered by us with respect to such use.
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.
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 Snowlush without restriction.
Trade Mark
Copyright:
All material available on this Website is protected by copyright laws (depicted as © Snowlush All rights reserved). Access to the Snowlush services and Content is subject to the Terms of Use which you accepted during the registration process and/or by using the Website. These Terms of Use contain warranty disclaimers, guidelines for link to other websites & linking disclaimer and limitation on use.
Governing Law and Arbitration
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, India.
Miscellaneous
You agree that: (i) the Website shall be deemed solely based in India; (ii) the section titles in these Terms of Use are for convenience only and have no legal or contractual effect; and (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and Snowlush. Nothing contained in these Terms of Use shall constitute you as the agent of Snowlush or otherwise entitle you to have authority to bind Snowlush for any purpose.
These Terms of Use together with the Privacy Policy and any other legal notices published by Snowlush on the Website, shall constitute the entire agreement between you and Snowlush concerning the Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Snowlush’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Snowlush reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
YOU AND SNOWLUSH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SNOWLUSH WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contact and Violations
Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use using our contact form