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The following sets forth the terms and conditions under which Thamarahua.com offers you access to their services.
Welcome! When using Thamarahua.com services, you agree to the terms and conditions described herein which are known as the Terms of Service.
Acceptance of the Terms Of Service
Please read these Terms of Service carefully before using www.Thamarahua.com, including the services provided therein. By using this website, you signify that you agree with these Terms of Service. These Terms of Service may be amended or changed by Thamarahua.com at any time in its discretion by posting the amended Terms on our website. You agree that your continued use of this website after such amendment or change shall signify your acceptance of such change. This agreement may not be otherwise amended or changed except by a writing signed by both you and Thamarahua.com.
1. DESCRIPTION OF THE WEBSITES
Thamarahua.com provides astrological content, reports, and data ("Content"). Although portions of the Content may be viewed simply by visiting the Thamarahua.com sites (the "General Services"), in order to access the personalized Nadi Astrology zone and/or receive additional Content and services from Thamarahua.com (the "Personalized Services"), You need to register by completing a questionnaire. The General Services and the Personal provision within the limits of applicable law, and the remainder of the Terms of Service or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Thamarahua.com. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
2. CLIENT ELIGIBILITY
The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services may not be used by minors or temporarily or indefinitely suspended Thamarahua.com clients. If you do not qualify, please do not use the Services.
3. CLIENT REGISTRATION DATA
If Thamarahua.com introduces the need for registration, including the provision of Registration Data, You will receive a Thamarahua.com identification ("ID") and a password. You are entirely responsible if you do not maintain the confidentiality of your Thamarahua.com ID and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You may change your password by following instructions on the Website. You agree that your account, ID, and password may not be transferred or sold to another party. You agree to immediately notify Thamarahua.com of any unauthorized use of your account or any other breach of security known to you.
4. OUR ACCESS TO YOUR FILE
In order to ensure that Thamarahua.com is able to provide high quality services, respond to customer needs, and comply with laws, you hereby consent to Thamarahua.com employees and agents being able to access your file/account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
5. MODIFICATION TO SERVICES, BREACH, TERMINATION
Thamarahua.com may modify or discontinue (in whole or in part) the Services or your file/account with us, with or without notice, for any reason without liability to you, any other user, or any third party. Without limiting the foregoing, we reserve the right to terminate your file/account immediately
(a) (a) if We are unable to verify or authenticate your Registration Data or other information provided by You,
(b) (b) if We believe that your actions may cause legal liability for you, Thamarahua.com, or all or some of our other staff or users, or
(c) (c) if we believe you have
i. provided us with false or misleading Registration Data or other information,
ii. interfered with other users or the administration of the Services, or
iii. violated these Terms of Service or our Privacy Policy.
6. PRIVACY POLICY:
Privacy is very important to us, and as such, our Privacy Policy, as it may be updated from time to time, available on the Website, is incorporated into these Terms of Service by this reference. We reserve the right to change our Privacy Policy from time to time and our changes are effective after we provide you with notice of the changes via email, an announcement on our Website, or by replacing the existing Privacy Policy with such revised Privacy Policy on the Website. We encourage you to regularly check our Privacy Policy for changes.
7. MEMBER BEHAVIOR AND RESTRICTIONS AND COMPLIANCE WITH LAWS:
You represent to Thamarahua.com that you have the authority to register with or visit this site according to these Terms of Service. Thamarahua.com do not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a client of or visit this site.
Your right to use the Services is personal to you. You represent that you are an individual and that you are not a corporation or other business entity. You agree not to resell or make any commercial use of the Services without the express written consent of Thamarahua.com. You are solely responsible for the contents of your transmissions through our Website. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:
(1) to comply with all Indian laws regarding the transmission of technical data exported from India through the Service;
(2) not to use the Website or the Services for illegal purposes;
(3) not to interfere or disrupt networks connected to Thamarahua.com;
(4) You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Thamarahua.com. You further agree not to use an inappropriate member name of any kind.
(5) to comply with all regulations, policies and procedures of networks connected to the Thamarahua.com website; and
(6) to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. Thamarahua.com make use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies, and procedures. You will not use Thamarahua.com for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through Thamarahua.com any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with any other Thamarahua.com member's use or enjoyment of the Website or Services.
(7) You agree not to post or use Thamarahua.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
(8) You alone are responsible for the content of your messages, and the consequences of any such messages. Thamarahua.com reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the guidelines laid out in this Terms of Service.
You acknowledge that
(i) Thamarahua.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights");
(ii) these Rights are valid and protected in all media and technologies existing now or later developed; and
(iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to The World Net, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on this site is not protected by Rights rests with you. You acknowledge that Thamarahua.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
(iv) Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service.
(v) that Thamarahua.com does not guarantee the accuracy or completeness of any information in, or provided in connection with this site.
(vi) Thamarahua.com are not responsible for any errors or omissions or for the results obtained from the use of information provided.
(vii) Thamarahua.com are not engaged in rendering legal, medical, counseling or other professional services or advice. Thamarahua.com encourage you to seek appropriate professional advice or care for any situation or problem, which you may have.
8. NO WARRANTY.
You understand and agree that:
a) the services are provided "as-is". Thamarahua.com assume no responsibility for availability (or lack thereof), timeliness (or lack thereof), deletions, misdeliveries, or failures to store any member communications or personalization settings;
b) in particular, but not by way of limitation, Thamarahua.com may delete e-mail or other file/accounts, or the information therein if the file/account is inactive for greater than ninety (90) days;
c) use of the services is at your sole risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data;
d) Thamarahua.com, on behalf of itself and its suppliers, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, or non-infringement and it makes no warranty or representation regarding the results that may be obtained from the use of content or services, the accuracy or reliability of any content obtained through the services, any goods or services purchased or obtained through Thamarahua.com's website, or any transactions entered into through Thamarahua.com's site, and makes no warranty that the services will meet your requirements, be uninterrupted, timely, secure or error free. No advice or information, whether oral or written, obtained by member from Thamarahua.com or through the services shall create any warranty. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
9. LIMITATIONS OF LIABILITY.
In no event will Thamarahua.com or its suppliers be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to damages for loss of profits, (collectively, "indirect damages") arising out of or in connection with our website, the services, our privacy policy, or these terms of service (however arising, including negligence). Without limiting the foregoing, Thamarahua.com and its suppliers will not be liable for indirect damages arising out of or in connection with:
a) the use of or the inability to use the services;
b) any goods or services purchased or obtained through Thamarahua.com's site, or messages received or transactions entered into through Thamarahua.com's services;
c) loss of, unauthorized access to or alteration of a user's transmissions or data; or
d) for the cost of procurement of substitute goods and services, even if Thamarahua.com had been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some or all of the above limitations or exclusions may not apply to you. The liability of Thamarahua.com and its suppliers to you or any third parties arising out of or in connection with our website, the services, our privacy policy, or these terms of service (however arising, including negligence) is limited to the greater of
(a) the amount of fees you pay to us in the twelve (12) months prior to the action giving rise to liability, and
(b) $US100.
10. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless Thamarahua.com and its subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the services, your violation of the privacy policy or these terms of service, or infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These Terms Of Service will inure to the benefit of Thamarahua.com's successors, assigns, and licensees.
11. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via email, commercially produced information presented to clients by Thamarahua.com, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are only permitted to copy, use, reproduce, distribute, or create derivative works from the Content as expressly authorized by Thamarahua.com, its suppliers, or advertisers.
12. NOTICES
Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via email or through India Post mail. Notice shall be deemed given 24 hours after an email is sent, or three (3) days after deposit in the India Post mail, to clients at the address provided by the client in the Registration Data and to Thamarahua.com at the address set forth below:
Thamarahua.com
M-78 Diamond District,
Airport Road,
Bangalore 560 008
13. ARBITRATION, INJUNCTIVE RELIEF.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Karnataka, India without giving effect to its conflicts of laws provisions. By registering for or entering this site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Karnataka.
Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of Indian Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. An arbitrator, selected in accordance with the rules of Indian Arbitration, shall conduct the arbitration and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Karnataka in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of Bangalore in the State of Karnataka in India for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand dollars ($US1,000).
14. GENERAL PROVISIONS:
1. These Terms of Service will be governed by and construed in accordance with the laws of the State of Karnataka without giving effect to any choice of law principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Service or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Thamarahua.com. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
2. Thamarahua.com is not responsible for the content on the Internet or World Wide Web pages that is contained outside Thamarahua.com site. As a convenience to our clients, we may provide links to resources, which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Thamarahua.com with respect to such sites.
3. By permitting classified and personal advertising, Thamarahua.com makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Thamarahua.com specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on the World Net, you are promising that the content of your advertisement is true and that you will indemnify Thamarahua.com against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on the World Net, you waive any claims against Thamarahua.com for damages arising from such advertisement or your reliance upon statements in such advertisement.
4. Thamarahua.com shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the World Net or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the World Net or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if Thamarahua.com has been advised of the possibility of such damages.
15. REMEDIES FOR BREACH OF THESE TERMS BY YOU
In the event that Thamarahua.com determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the World Net, Thamarahua.com reserves the right to
(i) warn you via e-mail that you have violated these Terms of Service;
(ii) delete any content provided by you or your agent(s) to the Thamarahua.com;
(iii) delete all content provided by you to Thamarahua.com;
(iv) discontinue your registration(s) with Thamarahua.com and/or any other Thamarahua.com community;
(v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(vi) any other action which Thamarahua.com deem to be appropriate.
If your registration(s) with or ability to access this site, or any other Thamarahua.com community and/or any other service provided to you by Thamarahua.com is discontinued by Thamarahua.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Thamarahua.com, then you agree that you shall not attempt to re-register with or access Thamarahua.com, any other Thamarahua.com community and/or any other service provided by Thamarahua.com, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Thamarahua.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
16. MISCELLANEOUS
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Thamarahua.com may assign its rights and obligations under these Terms of Service and upon such assignment Thamarahua.com may be relieved of any further obligation hereunder.
17. E-MAIL MESSAGE STORAGE
Thamarahua.com assumes no responsibility for the deletion of or failure to store e-mail messages.
18. PROMOTIONAL MESSAGES
Thamarahua.com and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Thamarahua.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services, which may be obtained, from such third parties, and you agree that neither Thamarahua.com nor such third party shall have any liability with respect thereto.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the World Net by Thamarahua.com constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Thamarahua.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Thamarahua.com reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days' prior written notice to you.
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