PLEASEREAD THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS ANDRESPONSIBILITIES
This is theofficial Terms of Use Agreement ("Agreement")for www.starbabies.co.in (“Star Babies" or "Site"), anInternet website owned and operated by Viraat Enterprise. ("ViraatEnterprise", and Site and Viraat Enterprise collectively "we,""us," or "our"). This Agreement governs only the content,features, and activities related to this Site and does not cover websites forany subsidiaries and affiliates of Viraat Enterprise (collectively,"Affiliates"), or any other company, unless specifically stated.
ViraatEnterprise operates and controls the Site from its office in India. We make norepresentation that the Site is appropriate or available in other locations.Accordingly, those persons accessing the Site from other locations do so ontheir own initiative and are responsible for compliance with applicable locallaws. Software made available from this Site (including without limitation gamedownloads) is subject to Indian export controls. Thus, no software from thisSite may be downloaded, exported or re-exported (a) into (or to a national orresident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other countryto which the United States has embargoed goods; or (b) to anyone on the IndiaDepartment's list of Specially Designated Nationals or the INDIA CommerceDepartment's Table of Deny Orders. By downloading any software, you representand warrant that you are not located in, under the control of, or a national orresident of, any such country or on any such list.
These termsand conditions regarding your use of the Site constitute a legally bindingagreement between you and Viraat Enterprise and your use of the Siteconstitutes acknowledgement that you understand and agree to abide by the termsof this Agreement including any additional terms that govern certain productsand services, which will be presented in conjunction with those products andservices ("Additional Terms"), including the Starbabies User SubmissionAgreement governing your submission of User Material (as such term isdefined therein) and the Virtual CurrencyPurchasing Agreement governing purchases on the Site. The Site mayalso provide rules of participation ("Rules") for certain activitiesand services including, but not limited to, contests and sweepstakes, awardprograms, subscription services and e-commerce services ("Services").The term "Site" includes all websites and web pages within the Siteas well as any associated equivalent, mirror, replacement, substitute or backupwebsites and web pages. Unless the context clearly requires otherwise or weexplicitly say so in writing, the term "Site" includes"Material" and "Services."
TheSite's Privacy Policy,Additional Terms and Rules, when applicable, are hereby incorporated herein byreference. To the extent that there is a conflict between this Agreement andthe Additional Terms or Rules for the activity in which you choose toparticipate, the applicable Additional Terms and/or Rules shall govern. ThisAgreement will remain in full force and effect as long as you are a user of theSite and in the event of termination of any membership, service or feature, youwill still be bound by your obligations under this Agreement, the Privacy Policy, and anyAdditional Terms or Rules, including any indemnifications, warranties andlimitations of liability.
The words"use" and/or "using" in this Agreement mean any time anindividual (a "user"), directly or indirectly, with or without theaid of a machine or device, does or attempts to access, interact with, use,display, view, print or copy from, transmit, receive or exchange data orcommunicate with, the Site, or in any way utilizes, benefits, takes advantageof or interacts with any function, service or feature of the Site, for anypurpose whatsoever. This Agreement does not cover your rights or responsibilitieswith respect to third party content or sites or any links that may direct yourbrowser or your connection to third party sites or pages. This is the entireand exclusive Agreement between you and us regarding use of the Site and itcannot be modified, except as specifically described below in Section 2.
1.REGISTRATION AND USE OF PASSWORD
We mayrequire each user to have a unique user name and password combination in orderto use the Site and may also, from time to time, provide users with additionalcodes or passwords necessary to access and use certain features or functions ofthe Site. Please read our PrivacyPolicy, which describes the personally identifiable information("Personal Information") we collect, use, disclose, manage and store.As part of the registration process you will choose a user name and password(or we may assign an initial password which we will give you the option tochange). Your user name and password are personal to you and you may not allowany others to use your user name or password under any circumstances. We arenot liable for any harm caused or related to the theft or misappropriation ofyour user name or password, disclosure of your user name or password, or yourauthorization of anyone else to use your user name or password. You agree tonotify us immediately if you become aware of or believe there is or may havebeen any unauthorized use of your user name or password or any other need todeactivate your user name or password due to security concerns.
PASSWORDSARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONSTRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITEWILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible andliable for all actions taken via your password, whether or not made with yourknowledge or authority. You agree to guard your password carefully, with thefull awareness that a failure to keep it secure will enable others to engage intransactions through the Site for which you will be legally responsible.
2.MODIFICATIONS
We reservethe right, at any time and from time to time, for any reason in our solediscretion, to change the terms of this Agreement. We will post or display noticesof material changes on the Site and/or e-mail you or notify you upon loginabout these changes; the form of such notice is at our discretion. Such changesand/or modifications shall become effective immediately upon the postingthereof. Please review the terms of use periodically. Your continued use of theSite following the posting of changes and/or modifications will constitute youracceptance of the revised terms of use. You should periodically review thisAgreement, and any applicable Additional Terms, Rules and the Privacy Policy.
3.OWNERSHIP OF INTELLECTUAL PROPERTY
The contentsof this Site, including all Site software, design, text, images, photographs,illustrations, audio and video material, artwork, items, graphic material,databases, Applications, proprietary information and all copyrightable orotherwise legally protectable elements of the Site, including, withoutlimitation, the selection, sequence and 'look and feel' and arrangement ofitems, and all trademarks, service marks and trade names (individually and/orcollectively, "Material"), are the property of Viraat Enterprise andits Affiliates, and any of their successors and assigns, and any of theirrespective licensors, Advertisers (as defined below), suppliers, andoperational service providers and are legally protected, without limitation,under India, as well as applicable foreign laws, regulations and treaties. Onnotice, we will act expeditiously to remove content on the Site that infringesthe copyrights of others and will disable access to the Site of anyone whorepeatedly to infringes the intellectual property rights of others. We takeprotection of copyrights, both our own and others, very seriously. We thereforeemploy multiple measures to prevent copyright infringement over this Site andto promptly end any infringement that might occur. If you believe that the Sitecontains elements that infringe your copyrights in your work, please follow theprocedures set forth in our Copyright Compliance Policy
4.ADVERTISING
From time totime, during your use of the Site, you may communicate with, receivecommunications from, be re-directed to, interact with, or participate in or usethe services or obtain goods and services of or from, third parties such as ouradvertisers, sponsors, or promotional partners (collectively, the"Advertisers"). All such communication, interaction and participationis between you and such Advertisers and we shall not be responsible or liableto you in any way in connection with these activities or transactions(including, without limitation, any representations, warranties, covenants,contracts or other terms or conditions that may exist between you and theAdvertiser or any goods or services you may purchase or obtain from anyAdvertiser).
5. AGREEMENTTO DEAL ELECTRONICALLY
Alltransactions with or through the Site or Viraat Enterprise may, at our option,be conducted and executed electronically. We may keep records of any type ofcommunication conducted via the Site. All electronic records are deemed sentwhen they are properly addressed to the recipient and the record enters aninformation processing system outside the control of the sender or the recordenters a region of an information processing system under the recipient'scontrol. All electronic records are received when the record enters aninformation processing system that the recipient has designated or uses for thepurpose of receiving electronic records or information of the type sent, in aform capable of being processed by that system, and from which the recipient isable to retrieve the electronic record.
6. RULESOF CONDUCT
Your use ofthe Site is subject to all applicable local, state, national laws andregulations and, in some cases, international treaties. You are solelyresponsible for all activities, acts and omissions that occur in, from, throughor under your user name or password. You shall not use, allow, or enable othersto use the Site, or knowingly condone use of this Site by others, in any mannerthat is, attempts to, or is likely to:
· be libelous, defamatory,indecent, vulgar or obscene, pornographic, sexually explicit or sexuallysuggestive, racially, culturally, or ethnically offensive, harmful, harassing,intimidating, threatening, hateful, objectionable, discriminatory, or abusive,or which may or may appear to impersonate anyone else;
· affect us adversely or reflectnegatively on us, our goodwill, name or reputation or cause duress, distress ordiscomfort to us or anyone else, or discourage any person, firm or enterprisefrom using all or any portion, features or functions of the Site, or fromadvertising, linking or becoming a supplier to us in connection with the Site;
· send or result in thetransmission of junk e-mail, chain letters, duplicative or unsolicitedmessages, surveys, contests, pyramid scheme, or so-called "spamming"and "phishing";
· unless approved by us, be usedfor commercial or business purposes, including, without limitation,advertising, marketing or offering goods or services, whether or not forfinancial or any other form of compensation or through linking with any otherwebsite or web pages;
· transmit, distribute or uploadprograms or material that contain malicious code, such as viruses, timebombs,cancelbots, worms, trojan horses, spyware, or other potentially harmfulprograms or other material or information;
· create a false identity for thepurpose of misleading others or forge any TCP/IP packet header or part of theheader information in any email or newsgroup posting for any reason;
· disrupt the normal flow ofCommunities (as defined below) with an excessive number of messages (i.e.flooding attack) or that otherwise negatively affects other users' ability toparticipate in Communities;
· contact anyone who has asked notto be contacted; "stalk" or otherwise harass anyone;
· violate any laws, regulations(including, without limitation, laws regarding the transmission of technicaldata or software exported from the India), judicial or governmental order orany treaties, or violate or infringe upon any intellectual property rights,rights of publicity or privacy or any other rights of ours or of any otherperson, firm or enterprise; gain unauthorized access to the Site, other users'accounts, names, passwords, personally identifiable information or othercomputers, websites or pages, connected or linked to the Site or to use theSite in any manner which violates or is inconsistent with the terms and conditionsof this Agreement;
· modify, disrupt, impair, alter orinterfere with the use, features, functions, operation or maintenance of theSite or the rights of use and enjoyment of the Site by any other person, firmor enterprise; or
· collect, obtain, compile, gather,transmit, reproduce, delete, revise, view or display any material orinformation, whether personally identifiable or not, posted by or concerningany other person, firm or enterprise, in connection with their or your use ofthe Site, unless you have obtained the express, prior permission of such otherperson, firm or enterprise to do so.
If youchoose to use the embedded link function, you agree not to embed a link on orwithin any illegal site, including but not limited to any site that is indecent,obscene or pornographic or that is determined to be otherwise objectionable inour sole and absolute discretion, and we reserve the right to disable embeddedlinks at any time without notice.
7.LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Viraat Enterprisehereby grants you a limited license to use the Site only for the purposes ofaccessing, viewing or playing content, posting or submitting User Material (asdefined in the StarBabies User Submission Agreement ), using theembedded link function, placing product orders or for accessing information,Applications (as defined herein) and services solely for your noncommercial,non-exclusive, non-assignable, non-transferable and limited personal use andfor no other purposes. You must not alter, delete or conceal any copyright orother notices contained on the Site, including notices on any Material youdownload, transmit, display, print or reproduce from the Site. You shall not,nor will you allow any third party (whether or not for your benefit) to reproduce,modify, create derivative works from, display, perform, publish, distribute,disseminate, broadcast or circulate to any third party (including, withoutlimitation, on or via a third party website), or otherwise use, any Materialwithout the express prior written consent of Viraat Enterprise. Anyunauthorized or prohibited use of any Material may subject you to civilliability, criminal prosecution, or both, under applicable federal, state andlocal laws.
ViraatEnterprise reserves the right to suspend or deny, in its sole discretion, youruse of all or any portion of the Site as described in Section 14. Any rightsnot expressly granted to you herein are reserved to Viraat Enterprise. Minorsshould seek consent of his or her legal guardian before using this site. Unlessyou have received specific written permission from Viraat Enterprise, you maynot (a) "frame" or otherwise impose editorial comment, commercialmaterial or any information or content on, or in proximity to, content displayedon the Site; (b) alter or modify any content on the Site; or (c) deep link orgain unauthorized access to any portion of the Site. Without limiting otherrestrictions, you agree not to reproduce, transmit, sell, or otherwise exploitthe Site for any commercial purpose.
8.LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
ViraatEnterprise may offer you the ability to use certain applications, includingwithout limitation, instant messages, chat areas, bulletin boards, e-mailfunctions, software and services that allow you to download specific contentfrom the Site to your computer, multi-player games and software that allows youto create greetings, puzzles, photographs, musical compositions and mixes,music videos and cartoons ("Applications"). Without limiting yourobligations and restrictions described in Section 7 above, your limited licenseto use the Applications is subject to the following conditions:
· The Applications thatare made available to you are the copyrighted work of Viraat Enterprise and/orits Affiliates and/or its suppliers. The use of each Application is governed bythe end user license agreement ("EULA") that accompanies or isincluded in the Application or is expressly stated on the Site pagesaccompanying the Application and this Agreement. In the event that no EULAaccompanies the Application, then only this Agreement shall govern your use ofthe Application. You may not download or use any Application from the Sitewithout agreeing to the EULA, if any, and this Agreement. Certain Applications maybe owned by third parties and distributed under a third party EULA and youagree that Viraat Enterprise shall not be responsible for any loss or damage ofany sort relating to your dealings with such third parties.
· Unless expressly stated otherwise in the EULA, you are granted only alimited license to download and/or use the Application from a single computerfor personal and non-commercial purposes. You may not make copies of ordistribute the Application or electronically transfer the Application from onecomputer to another or over a network, nor may you separate any content from anassociated Application. You may not decompile, reverse engineer, disassemble orotherwise reduce the Application to human perceivable form. You may not rent,lease or sublicense the Application. You may not create derivative works of theApplication and you may not export the Application in violation of any India.or foreign law, rule or regulation. All rights in Applications not specificallygranted to you in writing by Viraat Enterprise are reserved to ViraatEnterprise.
· Viraat Enterprise may cease support of any Application at any time inits sole discretion or terminate your use of or access to any Application, asfurther described in below Section 15.
· Applications you use or download from the Sitemay contain third party digital rights management systems ("DRMS")which may allow for communication between your software and the third party andutilize security features (e.g., preventing distribution of or access to theapplications in the event of unauthorized use). These DRMS are subject to theirown license agreements and you agree that Viraat Enterpriseshall not beresponsible for any loss or damage of any sort relating to or resulting fromthe use of the DRMS or your dealings with such third parties. The Applicationsmay also contain DRMS produced by Viraat Enterprise which allow forcommunication between the applications you use or download and our systems andwhich collect information describing your computer system in order to preventillegal or unauthorized use of the applications. More specifically, the DRMSfor subscription services and Applications licensed from the Site may transmitthe following pieces of information, along with other information, when youeither enter a purchase key or sign in with your subscription service user nameand password: Operating System, CPU Version Information (including serialnumber from a serial-number-enabled Pentium III), BIOS Version Information,NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry,S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Sizeof Physical Memory.
9.WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
We mayprovide users the opportunity to register for special promotions, services,news, programming and information delivered via text messaging and otherwireless devices such as mobile phones. Users must provide their consent toreceive such information by complying with the specific terms related to suchoffering. Information that may be requested for specific promotions includes,without limitation, a user's preferences regarding goods or services, choicesof music or artists, or other similar survey information. Depending on thepromotion, we may also collect an Internet email address or other informationand, depending on the information collected, the user may also be required toconfirm his or her agreement to this Agreement and, including withoutlimitation, the PrivacyPolicy and/or Additional Terms or Rules.
Under nocircumstances will Viraat Enterprise or any Affiliates be responsiblefor any wireless email or text messaging charges incurred by a user or by aperson that has access to a user's wireless device, telephone number, or emailaddress.
Youunderstand, acknowledge and agree that we may, at our sole discretion andwithout liability to any user, terminate our offer of any specific wirelessmarketing service or all wireless marketing services at any time withoutadvance notice. We may provide notice of such terminations or changes on thisSite.
10. USERCOMMUNICATION FEATURES AND POSTINGS
Yourcomments, suggestions and information are important to us. Portions of thisSite may provide you and other users an opportunity to participate in instantmessaging, forum services, blogs, web communities and other message andcommunication facilities ("Communities") and may provide you theopportunity, through such Communities or otherwise, to submit, post, display,transmit and/or exchange (a) information, ideas, opinions, messages or otherinformation ("Post" or "Postings") and (b) User Material.You understand, acknowledge and agree that such Postings are the soleresponsibility of the person from which such Postings originated. This meansthat you are solely and entirely responsible for the consequences of allPostings that you upload, post, email, transmit or otherwise make available viathe Site. Postings do not reflect the views of the Site, Viraat Enterprise, orthe Affiliates. We reserve the right to monitor, edit or screen any Postings.If we determine, in our sole discretion, that any Posting does or may violateany of the terms of this Agreement, we reserve the right, at any time andwithout limiting any and all other rights we may have under this Agreement, atlaw or in equity, to: (a) refuse to allow you to Post; (b) remove and deletePostings; (c) revoke your right to use the Site; (d) disclose any informationthat we deem necessary to ensure your compliance with all applicable laws andwith this Agreement; and/or (e) use any technological, legal, operational orother means available to us to enforce the provisions of this Agreement,including, without limitation, blocking specific IP addresses or deactivatingyour registration on the Site.
If a Postingoriginates from you or your account, you hereby agree that: (a) youspecifically authorize the Site, Viraat Enterprise, and its Affiliates to usesuch Posting in whole or in part, throughout the universe, in perpetuity(except for AG Uploads, as defined in the Star Babies User Submission Agreement) inor on any and all media, now known or hereafter devised, and alone or togetheror as part of other information, content and/or material of any kind or nature;(b) you represent and warrant that (i) the Posting is original to you and/or fullycleared for use as contemplated herein, (ii) the Posting does and will not, inany way, violate or breach any of the terms of this Agreement, (iii) thePosting does not contain libelous, tortious, or otherwise unlawful information,infringe or violate any copyright or other right, or contain any matter thepublication or sale of which will violate any federal or state statute orregulation, (iv) the Posting is not obscene or in any other manner unlawful,(v) the Posting shall not be injurious to the health of any user, and (vi) weshall not be required to pay or incur any sums to any person or entity as aresult of our use or exploitation of the Posting; and (c) if your Postingincorporates the name, logo, brand, service or trademark, voice, likeness orimage of any person, firm or enterprise, you specifically represent and warrantthat (i) you have the right to grant the Site, Viraat Enterprise, and itsAffiliates the right to use all such Postings as described above, (ii) thePosting was produced in compliance with all applicable laws and regulations.
Youunderstand, acknowledge and agree that we have the right to delete, re-formatand/or change your Postings in any manner that we may determine (although youwill not be responsible for any such changes made). The amount of storage spaceon the Site per user is limited. Some Postings may not be processed due tospace constraints or outbound message limitations. You understand, acknowledgeand agree that we assume no responsibility for deletion of Postings or anyfailure to store, receive or deliver Postings in a timely manner or any othermatter relating to Postings. Posting is for noncommercial purposes only and youmay not Post in any manner which does or is intended to promote or generaterevenue for any business enterprise or commercial activity.
If youbelieve that any content on the Site (including, without limitation, UserMaterial) violates any of the terms of this Agreement (except for any noticescovered by the Copyright Compliance Policy), please click here