Terms & Conditions
By using the Teleshoppe.com
web site, you are agreeing to be bound by the following terms and conditions
("Terms of Use").
ACKNOWLEDGMENT & ACCEPTANCE
Unless otherwise
indicated Teleshoppe.com Services (referred to as the "Service") is
provided to you free of charge. In its discretion, Teleshoppe.com reserves the
right to charge fees for or discontinue any part of the Service at any time.
By registering
and/or using and/or visiting the Service, including but not limited to the products,
services, content, applications or other features that may be available from
time to time in connection with the Service, you agree that you have read and
understood this Agreement ("Agreement") and that your membership in
the Service shall conform to both its terms and conditions ("Terms of
Service") and its privacy policy as stated explicitly in this document.
The Service is
operated by SV Mobile Teleshoppe Private Limited and therefore this Agreement
is between the subscriber ("You" or "Member") and SV Mobile Teleshoppe Private
Limited. Teleshoppe.com is a website owned by SV Mobile Teleshoppe Private
Limited. Wherever the term "Teleshoppe.com" is used in this document
it represents the company SV Mobile Teleshoppe Private Limited and the services
provided through Teleshoppe.com.
Each time you use
or access Teleshoppe.com you are responsible for being familiar with any
changes or modifications to these Terms of Service, which may occur from time
to time. In the event we modify these Terms of Service, Teleshoppe.com reserves
the right, and at its full discretion and without any obligation, to provide
you notice of such changes to any e-mail or postal address you may have
provided to Teleshoppe.com.
You can review the
latest version of the Terms of Service at www.Teleshoppe.com.
THE SERVICE
We offer you a
unique mobile identity (keyword) on our short code. You can search and choose a
unique mobile identity (keyword) on Teleshoppe.com.
You can assign your
own content to your unique mobile identity (Keyword).
You can activate
standard sub-keywords under your unique mobile identity and assign your own
content to each Sub-keyword. Alternatively you can rename the Sub-keywords.
Through the above
steps, you can maintain your chosen content to be accessible by people who
interact with your unique mobile identity via the short code.
TERMS OF SERVICE
You MUST be able to
understand and accept these Terms of Service and abide by its terms.
Should you decide
to register and become a member, the registration information you MUST provide
shall be accurate and truthful and you agree to maintain this information from
time to time.
You MUST be at
least 18 years of age or older.
You MUST provide
correct/true information about your profile. Teleshoppe.com has the right to
verify the information you provide. If this information changes you must
immediately update your profile by logging in to Teleshoppe.com.
You are not allowed
to use proxy servers.
By filling out the
registration form you are applying to receive a Service. No employee-employer
relationship is created by your use of the Teleshoppe.com web site and its
services. Teleshoppe.com is under no obligation to offer its services to you.
You agree not to
abuse the Service privileges by conduct which is detrimental to the interests
of SV Mobile Teleshoppe Private Limited.
MEMBER ACCOUNTS
Teleshoppe.com may
refuse to accept your application for the Service for any reason.
You will receive
password upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of your account password, and
you are fully responsible for all activities that occur under your password or
account. You agree to immediately notify us of any unauthorized use of your
password or account or any other breach of security. SV Mobile Teleshoppe
Private Limited cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
MEMBERS CONDUCT
You agree to only
use the Service in a manner that is consistent with the Terms of Service and in
such a way as to ensure compliance with all applicable laws and regulations.
You shall ensure
that your personal profile is up-to-date and accurate. You agree to promptly
notify us of any change in your address (postal or email) or personal profile
by updating your personal information at the Service Web site. Not doing so
will result in the account being frozen or nullified.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
No Unauthorized
Manipulation of the Service. You may not in any way interfere with the proper
operation of the Service.
No Impersonation or
Fictitious Profiles. You may not impersonate any other person or entity
(whether actual or fictitious), otherwise create a profile that provides any
fictitious or false information, including but not limited to a false age, or
falsely represent an association with another person or entity without the
explicit authorization of such person or entity.
CONTENT SUBMISSION
When you provide
any submissions to Teleshoppe.com, you understand and accept complete
responsibility for your submissions, including any and all consequences that
may arise. You may not create a user name, post, upload, email or otherwise
transmit to Teleshoppe.com submissions of any kind that is, within the sole
discretion of Teleshoppe.com, determined to be commercial, illegal, offensive
or potentially harmful to others including but not limited to the following:
infringing upon the
rights of any third party, including but not limited to copyrights, trademarks,
patents, trade secret, design rights, moral rights or other third party
proprietary rights, including privacy and publicity rights;
promoting
infringement of copyright or other third party rights, e.g. providing a list of
hyperlinks to websites that contain pirated software or media files,
hacking/cracking, etc.;
material that
contains software viruses or any other malicious computer code, files or
programs designed to interrupt, destroy or alter the functionality of any
computer software or hardware or telecommunications equipment owned by another
party;
offensive, abusive,
threatening, harassing, stalking, promoting violence or racism or harm or
hatred or bigotry against any group or individual;
libellous or defamatory or promotes information that
you know is false or illegal;
violates the privacy of
others, including but not limited to posting the photograph of another person
without that person’s consent;
obscene, vulgar or
contains profanity; pornographic or sexually explicit or contains nudity;
exploits or attempts to
exploit people in a sexual or violent manner;
disparaging to Teleshoppe.com
or any third party;
an advertisement, a
marketing initiative, solicitation of a business, or otherwise significantly
connected with any commercial purpose;
involves the transmission
of any unsolicited mass mailing or mass sms including but not limited to 'junk
mail,' 'chain letters', "bulk sms" and 'spam';
contains restricted or
password only access pages;
selling, promoting
or encouraging the use of beer or hard alcohol, tobacco or related products,
prescription drugs, narcotics or drug paraphernalia, replicas or imitations of
designer goods, weapons (including firearms, ammunition, brass knuckles,
throwing stars, knives, etc.), gambling or casino-related content;
unlawful or
illegal, or criminal in nature (such as child pornography, fraud, gambling);
otherwise objectionable material or 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.
INTELLECTUAL PROPERTY RIGHTS AND VIOLATION
When you provide
submissions to Teleshoppe.com, you still retain all of your rights of ownership
in your submissions. However, by uploading, posting or otherwise transmitting
your submissions, you grant Teleshoppe.com (and its successors) a royalty-free,
perpetual, irrevocable, transferable, worldwide, non-exclusive right (including
any moral rights) and license to use, license, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, derive revenue or
other remuneration from, communicate to the public, perform and display the
content (in whole or in part) and/or to incorporate it in other works in any
form, media, or technology now known or later developed, for the full term of
any rights that may exist in such content. You also permit any subscriber to
access, display, view, store and reproduce such
content for personal use, as permitted by the Service and under these Terms of
Service.
Provided proper
notification, Teleshoppe.com will remove submissions that
infringe upon the intellectual property rights of another and reserves
the right to remove submissions without prior notice. Teleshoppe.com assumes no
responsibility for monitoring the Service. In the event it chooses to do so at
its discretion, Teleshoppe.com assumes no responsibility for the submissions or
any obligation to remove any inappropriate submissions or any responsibility
for the conduct of a member submitting inappropriate submissions. At its sole
discretion, Teleshoppe.com may remove any submission and/or terminate a
member’s account for violating any of these Terms of Service at any time and
without notice. Teleshoppe.com will terminate a member’s account who is
determined to have been notified of infringing activity and/or has had a
submission removed from the Service for infringing activity. Teleshoppe.com
reserves the right, but not the obligation, to take any appropriate legal
action for any illegal or unauthorized use of the Service or violation of the
Terms of Service.
OUR PRIVACY POLICY
You need a Teleshoppe
account to use the Service. We ask for some personal information when you
create an account.
Your mobile number
or any other personal information will not be revealed to anyone outside of Teleshoppe.com.
Teleshoppe.com
employees who get access to this information will be under a confidentiality
agreement which will ensure protection of your privacy.
Teleshoppe.com only
shares personal information with other companies or individuals outside of Teleshoppe.com
in the following limited circumstances:
For those ads to
which you respond to for more information, we will release your mobile number
to the advertiser.
We have a good
faith belief that access, use, preservation or disclosure of such information
is reasonably necessary to
(a) satisfy any applicable law, regulation, legal process or
enforceable governmental request
(b) enforce applicable Terms of Service , including
investigation of potential violations thereof
(c) detect, prevent, or otherwise address fraud, security or
technical issues
(d) protect against imminent harm to the rights, property or
safety of Teleshoppe, its users or the public as required or permitted by law.
We will share with
third parties certain pieces of aggregated, non-personal information,
(Aggregate non-personal information" is information that is recorded about
users and collected into groups so that it no longer reflects or references an
individually identifiable user.). Such information does not identify you
individually.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TELESHOPPE.COM AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TELESHOPPE.COM AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT
(I) THE SERVICE
WILL MEET YOUR REQUIREMENTS;
(II) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(III) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(IV) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE OR THROUGH THE SERVICE ADVERTISERS OR PARTNERS WILL
MEET YOUR EXPECTATIONS; AND
(V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TELESHOPPE.COM OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF USE.
ACKNOWLEDGMENT
& ACCEPTANCE
LIMITATION OF LIABLITY
SV MOBILE
TELESHOPPE PRIVATE LIMITED SHALL, IN NO EVENT BE LIABLE FOR ANY SPECIAL
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO
THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SERVICE.
SV MOBILE
TELESHOPPE PRIVATE LIMITED SHALL NOT BE RESPONSIBLE FOR DAMAGES OR LOSSES THAT
RESULT FROM PARTICIPATING OR INABILITY TO PARTICIPATE IN THE SERVICE, OR
RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR
THROUGH THE SERVICE.
YOU ACKNOWLEDGE AND
AGREE THAT SV MOBILE TELESHOPPE PRIVATE LIMITED NEITHER ENDORSES THE CONTENTS
OF ADVERTISEMENTS OR THIRD PARTIES' WEB SITES, NOR ASSUMES RESPONSIBILITY OR
LIABILITY FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THERE FROM, OR ANY FRAUD OR
OTHER CRIME FACILITATED THEREBY.
TO THE MAXIMUM
EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TELESHOPPE.COM NOR ANY OF ITS
PARENTS, MEMBERS, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS,
DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE 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 SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING
ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF SERVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. TELESHOPPE.COM DISCLAIMS ALL LIABILITY, REGARDLESS OF THE
FORM OF ACTION, FOR THE ACT OF OTHER MEMBERS, OR USERS INCLUDING UNAUTHORIZED
USERS, OR HACKERS OF THE SERVICE.
NON-TRANSFERABILITY
You are not allowed
to share your account with any other individual. Nor are you allowed to
transfer accounts to someone else.
Your membership
will terminate immediately in the event of your death. Service accounts are not
transferable upon death or otherwise by operation of law.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge
that Service content (including but not limited to text, sound, photographs,
graphics, or other material contained in any Service communication,
advertisements, or messages, whether by Teleshoppe.com or Teleshoppe.coms'
advertisers or partners), Service and software are protected by copyrights,
trademarks, service marks, patents, and/or other proprietary rights and laws.
Member is only permitted to use content, Service, or software as expressly
authorized by Teleshoppe.com, its advertisers and partners, as the case may be.
Except as expressly
authorized by Teleshoppe.com, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
MODIFICATIONS
Teleshoppe.com
reserves the right to change this Terms and Conditions document. It is also
your responsibility to check this document periodically for any changes or
modifications and you must not rely on e-mails as a sole source of information
regarding this Agreement or your membership. Your continued use of Teleshoppe.com
constitutes an affirmative acknowledgement by you of the Terms and Conditions
and any subsequent modifications made to it and your agreement to abide and be
bound by the Terms and Conditions document in its modified form.
We reserve the
right to modify or discontinue the Service with or without notice to you. We
shall not be liable to you or any third party should we exercise our right to
modify or discontinue the Service
NOTICES
All notices given
by us to you will be given by SMS and/or email and/or postal mail and/or by
general posting on the Web site.
INDEMNIFICATION
You agree to
indemnify and hold us, our affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim, demand, expense, or damage,
(including reasonable legal fees) made by any third party due to or arising out
of your use of the Service, your connection to the Service, your violation of
the Terms, content you submit, post to or transmit through the Service or your
violation of any rights of another.
MISCELLANEOUS
TERMS AND
CONDITIONS and the relationship between you and Teleshoppe.com shall be
governed by the laws of
This Agreement
constitutes a complete and exclusive understanding between us and you relating
to the subject matter hereof and supersedes all prior or contemporaneous
understandings, agreements, communications, and/or advertising with respect to
such subject matter provided that nothing in this Agreement seeks to limit or
exclude any right either party may have in respect of fraudulent
misrepresentation.
Our failure to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by us in writing.
If any part of
these Terms is unenforceable (including any provision by which Teleshoppe.com
excludes its liability to the Member), the enforceability of any other part of
these Terms will not be affected.