Acceptance of Terms
WISHESH DIGITAL MEDIA provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device.
You also understand and agree that the WISHESH DIGITAL MEDIA Services may include advertisements and that these advertisements are necessary for WISHESH DIGITAL MEDIA to provide the Services. You also understand and agree that these may include certain communications from WISHESH DIGITAL MEDIA, such as service announcements, administrative messages and the WISHESH DIGITAL MEDIA Newsletter, and that these communications are considered part of WISHESH DIGITAL MEDIA membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new WISHESH properties, shall be subject to the TOS. You understand and agree that the WISHESH DIGITAL MEDIA Services is provided “AS-IS” and that WISHESH DIGITAL MEDIA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
WISHESH reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Wishesh Digital Media Pvt. Ltd, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of WISHESH DIGITAL MEDIA; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
WISHESH DIGITAL is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact our Grievance Officer, at info@HerGamut.in or write at the following address:
WISHESH DIGITAL MEDIA Pvt. Ltd,
Plot No:26, Nagarjuna Hills
India – 500 082
Ph: 040 – 23352804
Fax: 91.40. 233.555.35
We request you to please provide the following information in your complaint:-
- (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- (b) Identification of the copyrighted work claimed to have been infringed.
- (c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- (d) The address, telephone number or e-mail address of the complaining party.
- (e) A statement that the complaining party has 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.
- (f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Copyright ©2012 Wishesh Digital Media Pvt. Ltd. All rights reserved.
This disclaimer/terms of service notification is subject to change without notice.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WISHESH DIGITAL MEDIA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the WISHESH DIGITAL MEDIA Services. WISHESH DIGITAL MEDIA does not control the Content posted via the WISHESH DIGITAL MEDIA Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the WISHESH DIGITAL MEDIA Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WISHESH DIGITAL MEDIA 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 as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the WISHESH DIGITAL MEDIA Services.
You agree to not use the WISHESH DIGITAL MEDIA Sites and Services to:
- 1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- 2. harm minors in any way;
- 3. impersonate any person or entity, including, but not limited to, a WISHESH DIGITAL MEDIA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the WISHESH DIGITAL MEDIA Service;
- 5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- 7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
- 8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the WISHESH DIGITAL MEDIA Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- 10. interfere with or disrupt the WISHESH DIGITAL MEDIA Services or servers or networks connected to the WISHESH DIGITAL MEDIA Services, or disobey any requirements, procedures, policies or regulations of networks connected to the WISHESH DIGITAL MEDIA Services, including using any device, software or routine to bypass our robot exclusion headers;
- 11. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- 12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- 13. “stalk” or otherwise harass another; and/or
- 14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that WISHESH DIGITAL MEDIA may or may not pre-screen Content, but that WISHESH DIGITAL MEDIA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via our portals and Services. Without limiting the foregoing, WISHESH DIGITAL MEDIA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WISHEHS DIGITAL MEDIA or submitted to WISHESH DIGITAL MEDIA , including without limitation information in WISHESH DIGITAL MEDIA Message Boards and in all other parts of the WISHESH DIGITAL MEDIA Portals and Services.
You acknowledge, consent and agree that WISHESH DIGITAL MEDIA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of WISHESH DIGITAL MEDIA, its users and the public.
You understand that the WISHESH DIGITAL MEDIA Services and software embodied within the WISHESH DIGITAL MEDIA Portals and Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set WISHESH DIGITAL MEDIA! and/or content providers who provide content. You may not attempt to override or circumvent any of the usage rules embedded and any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the WISHESH DIGITAL MEDIA Portals and Services, in whole or in part, is strictly prohibited.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the WISHESH DIGITAL MEDIA Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WISHESH DIGITAL MEDIA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the WISHESH DIGITAL MEDIA Services.
The WISHESH DIGITAL MEDIA Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that WISHESH DIGITAL MEDIA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WISHESH DIGITAL MEDIA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Limited Permission to Copy
WISHESH DIGITAL MEDIA grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on WISHESH DIGITAL MEDIA’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of WISHESH DIGITAL MEDA. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
WISHESH DIGITAL MEDIA forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for Wishesh.com or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish WISHESH DIGITAL MEDIA’s material for distribution should be addressed to Wishesh Digital Syndication Services at E-Mail – info@HerGamut.in
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WISHESH DIGITAL MEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WISHESH DIGITAL MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WISHESH DIGITAL MEDIA SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WISHES DIGITAL MEDIA SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WISHESH DIGITAL MEDIA SERVICE.
Any transactions relating to sale/purchase of goods or services not directly offered by WISHESH DIGITAL MEDIA are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by WISHESH DIGITAL MEDIA. WISHESH DIGITAL MEDIA merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. WISHESH DIGITAL MEDIA does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not WISHESH DIGITAL MEDIA. WISHESH DIGITAL MEDIA will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.
Under No circumstances will WISEHSH DIGITAL MEDIA be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability 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 content posted or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that WISHESH DIGITAL MEDIA is not responsible for any content sent using and/or included in WISHESH DIGITAL MEDIA’s site/service by any third party.
Disclaimer of Warranties and Liability
You agree to indemnify and hold WISHESH DIGITAL MEDIA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the WISHESH DIGITAL MEDIA Services, your use of the WISHESH DIGITAL MEDIA Services, your connection to the WISHESH DIGITAL MEDIA Services, your violation of the TOS, or your violation of any rights of another.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WISHESH DIGITAL MEDIA SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE WISHESH DIGITAL MEDIA SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WISHESH DIGITAL MEDIA 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 TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WISHESH DIGITAL MEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WISHESH DIGITAL MEDIA SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE WISHESH DIGITAL MEDIA SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WISHESH DIGITAL MEDIA SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WISHESH DIGITAL MEDIA SERVICES OR SOFTWARE 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 WISHESH DIGITAL MEDIA SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, 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 WISHESH DIGITAL MEDIA OR THROUGH OR FROM THE WISHESH DIGITAL MEDIA SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WISHESH DIGITAL MEDIA SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WISHESH DIGITAL MEDIA SERVICE. IMMEDIATELY DISCONTINUE USE OF THE WISHESH DIGITAL MEDIA SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WISHESH DIGITAL MEDIA SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
WISHESH DIGITAL MEDIA AND ITS EMPLOYEES, AFFILIATES AND ASSOCIATES SHALL NOT BE LIABLE, AT ANY TIME FOR ANY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROJECTS, DAMAGE TO YOUR COMPUTER SYSTEM OR DAMAGES FOR LOSS OF PROFITS, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WISHESH DIGITAL MEDIA’S SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE WISHESH DIGITAL MEDIA’S SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WISHEHS DIGITAL MEDIA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WISHESH DIGITAL MEDIA SITES/SERVICES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITE, OR ANY OF ITS CONTENTS, OR FROM ANY ACT OR OMISSIONS A RESULT OF USING THE SITE OR ANY SUCH CONTENTS OR FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION CONTAINED ON THE SITE. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE BY WISHESH DIGITAL MEDIA AS TO THE (A) ACCURACY, ADEQUACY, RELIABILITY, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION; (B) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED
Special Admonition for Wishesh Digital Media Portals Relating to Financial Matters
The WISHEHS DIGITAL MEDIA Services is provided for informational purposes only, and no Content included in the WISHESH DIGITLA MEDIA Portals and Services is intended for trading or investing purposes. WISHEHS DIGITAL MEDIA and its advertisers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via WISEHSH DIGITAL MEDIA Portals, and shall not be responsible or liable for any trading or investment decisions based on such information.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and WISHESH DIGITAL MEDIA and you shall have no authority to bind WISHESH DIGITAL MEDIA in any manner, whatsoever.
WISHESH DIGITAL MEDIA shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
The Agreement shall be governed by the Laws of India. The Courts of law at Hyderabad, AP, India shall have exclusive jurisdiction over any disputes arising under this agreement.
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.
Limited time to bring your claim
You and WISHESH DIGITAL MEDIA agree that any cause of action arising out of or related to the WISHESH DIGITAL MEDIA’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
By using WISHESH DIGITAL MEDIA’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of WISHESH DIGITAL MEDIA sites. We reserve the right, to modify this Privacy Statement at any time.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.