The http://hubb-india.com/ website and domain name, and any other linked pages, features, content, or application services offered from time to time by Hubb in connection therewith (collectively, the "Website") are owned and operated by CloudLancer. Subject to the terms and conditions of this Agreement, Hubb may offer to provide you the Hubb service, and other certain associated services available through the Website (together with the Website, "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" shall include, without limitation, any service Hubb performs for you and the Content (as defined below) offered by Hubb on the Website. Hubb may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Hubb may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Hubb reserves the right, in its sole discretion, to modify this Agreement at any time by posting the changes on the Website, or by sending you a notice via email or SMS. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such update constitutes your acceptance of the terms and conditions of this Agreement as modified.
The Service and its contents are intended solely for the personal, non-commercial use of Website or SMS users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or SMS (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content")) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from CloudLancer or from the copyright holder identified in such Content's copyright notice. You shall not link to the Website without CloudLancer prior written consent.
Under no circumstances will Hubb be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
CloudLancer reserve the right to send email, SMS, and MMS to you, for the purpose of informing you of changes or additions to our service(s).
The process of subscription to, and modification of Password and Phone Plan of Hubb is left to each subscriber. Modification can be carried out at http://hubb-india.com/.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without CloudLancer's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of CloudLancer; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. CloudLancer reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if CloudLancer is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Hubb user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will not decompile or reverse engineer (other than as permitted by applicable law), or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
CloudLancer has no special relationship with or fiduciary duty to you. You acknowledge that CloudLancer has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release CloudLancer from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. CloudLancer makes no representations concerning any Content contained in or accessed through the Services, and CloudLancer will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, SMS, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
As a condition to using some aspects of the Services, you may be required to register with Hubb and provide your phone number, gender, birthday, and zip code. You shall provide Hubb with accurate, complete, and updated registration information, including your phone number. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a phone number of another person with the intent to impersonate that person; or (ii) use as a phone number subject to any rights of a person other than you without appropriate authorization. Hubb reserves the right to refuse registration of or cancel a phone number in its discretion. You shall be responsible for maintaining the confidentiality of your phone number.
You will indemnify and hold CloudLancer, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CloudLancer OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR INR1000; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND CloudLancer'S REASONABLE CONTROL.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. CloudLancer may terminate your access to the Services or your membership at any time, for any reason, and without warning. CloudLancer may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease.
All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.