VISITORS TO THIS WEB SITE ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS SO PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE CONTINUING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
The owner of this ‘Website’ is OPTIMYSTIX ENTERTAINMENT INDIA PRIVATE LIMITED (‘Website Owner’) or (the ‘Company’).
THE TERMS AND CONDITIONS PRESENTED HERE GOVERN THE USE OF THE WEBSITE (THE “WEB SITE”) BY YOU AND OR YOUR EMPLOYEES AND OR AGENTS (COLLECTIVELY REFERRED TO AS “YOU” OR “YOUR” OR USER”). BY USING THE WEB SITE, USER AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. THE WEBSITE OWNER RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AT ITS SOLE DISCRETION.
2. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS:
Although the Company or any of its affiliates or subsidiaries tries to ensure that all information and recommendations, whether in relation to the products, services, facilities, offerings or otherwise (hereinafter “Information”) provided as part of this website/ site is correct at the time of /compilation before uploads/ inclusion on the website, it does not guarantee the use for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website or the Information, or any website linked to this website. However, any specifications & technical data are subject to change without prior notice or intimation.
The Company does not warrant that the Information contained on this Website is accurate or complete and hereby disclaims any and all liability to any person for any loss or damage that may be caused by any errors or omissions result form negligence, accident or any other cause. User acknowledges that such Information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The Company assumes no liability for the interpretation and or use of the information contained on this Website nor does it offer any warranty, express or implied. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information at this web site shall constitute an invitation to invest in Optimystix or any of its affiliates. Any use of this website or the Information is at USER”S own risk. Neither Company and its affiliates nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of the Company, this website or the Information, or any website linked to this website.
Nothing contained herein is to be construed as a recommendation to use any services, product, process, equipment or formulation, in conflict with any intellectual property or otherwise and Optimystix makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
Information & views stated on this website may be altered, appended & / or deleted. The Website Owner reserves the right to alter these and / or any other specifications, information & / or data, whether expressly stated on this website, or otherwise, without any prior notice.
The Company controls and operates this web site from India and makes no representation that the Information / materials are appropriate or will be available for use in other locations. If you use this web site from outside the India, you are entirely responsible for compliance with all applicable local laws.
The Company may have several other websites offering products, services, content and various other functionalities (collectively the “Services”) to specific regions across the world. The Services offered in one region/country may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. The Company does not make any warranty or representation that a user in one region may obtain the Services from the Company website in another region and the Company may cancel USER’s order or redirect a user to the website for that user’s region if a user attempts to order Services offered on a website in another region. Information that Company publishes on the website may contain references or cross references to companies’ products, programs and services that are not announced or available in USER’s country. Such references do not imply that the Company intends to announce such products, programs or services in USER’s country.
5. Permitted Use:
User has a non-exclusive, non-transferable, limited, revocable right to use the Web site solely for USER’s informational use in evaluating the Company and its services. USER may not use the Web site for any other purpose without the Company’s express prior written consent, including, without limitation, any commercial purpose. For example, USER may and or may not authorize any other person or entity (“Person”) to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a USER’s screen with a portion of another web site, or with content or advertising of any Person without the Company’s consent), or (ii) Co-brand the Web site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or affiliated with the Company, or has the right to display, publish, transmit or distribute the Website or content accessible within the Web site. In addition, USER may and or may not authorize any Person to link to any part of the Web site without the Company’s prior written consent. USER agrees to cooperate with the Company in causing any unauthorized framing, Co-branding, linking or similar activity to cease immediately.
6. Proprietary Information:
USER acknowledge and agree that between the Company and USER, the Company is the owner of all right, title and interest in the Web site and all content accessible within the Web site (the “Content”), including, without limitation, all trademarks, service marks, trade names, copyrights, and other intellectual property or proprietary rights with respect thereto in perpetuity. USER will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web site or the Content, without the express written consent of the Company, without limiting the generality of the foregoing, USER will not use any systematic retrieval process including without limitation, scrapers, robots, or bots, to collect, create, or compile Content or other data from the Company Web site.
7. Third Party Interaction and Links to Third Party Sites :
You will have access to a variety of third party sources of content through the use of the Web site and the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other website that you can link to from the Web site. Accordingly, the Company has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. USER acknowledges and agrees that any access, use or reliance on any such third party content is at USER’s own risk. USER understand that, except for information and or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information and or services of any other Person on the Web site or the Internet in any way. USER also understand and agree that the Company does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely affect USER, USER’ computer or computer systems or USER data or files. In addition, USER is responsible for implementing sufficient procedures and checkpoints to satisfy USER’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
8. Access to this website:
Information is provided to USER on an “AS IS” AND “WHERE-IS” basis without any warranty for itself and any third party providing materials, services or content to this website, company makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose or non-infringement of third party rights, with respect to the website, the information or any products or services to which the information referred will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site for any purpose whatsoever including but not limited to, your use of this website or your inability to use the website, even if the company has previously been advised of the possibility of such damages.
9. Limitation on liability:
The company, its affiliates, assigns, licensors, service providers, content providers, employees, agents, officers and directors, will not be liable for any direct, indirect, incidental, consequential, or special damages of any kind, including, without limitation, loss of revenue or income, pain and suffering, emotional distress or similar damages, even if such parties have been advised of the possibility of such damages. In no event will the collective liability of the company and its licensors, service providers, content providers, employees, agents, officers and directors to you or any other person (regardless of the form of action, whether in contract, tort or under any other legal theory, including, without limitation, negligence or strict liability) exceed the amount, if any, you have paid to the company to use the web site as provided in these terms and conditions for the applicable content or service out of which liability arose.
10. Undertaking, representation and covenants of the USER: When using this web site, USER expressly undertake, represent and covenant that USER shall not:
- Restrict or inhibit any other user from using or enjoying this web site, including without limitation by means of “hacking” or defacing any portion of this web site;
- Transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the Materials or any portion thereof, USER”s right to use this web site, or USER’s right to access any services offered or made available on or through this web site.
- Remove any copyright, trademark, or other proprietary rights notices contained in this web site or on any material downloaded from the web site;
- Submit particulars that you do not have the right or authority to submit under any law or any contractual or fiduciary relationship (such as trade secrets and confidential information);
- Post or transmit to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, offensive or other similar material;
- Use the web site to conduct, or solicit the performance of, any unlawful activity or other activity which infringes the rights of others;
- Interfere with or disrupt the web site or any services provided thereon or thereby, or any servers or networks connected to the web site, or disobey any requirements, procedures, policies or regulations of networks connected to the web site;
- Frame or mirror any part of the web site without Company’s prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the web site or the Materials provided on this web site; or
- Violate any law, regulation or contract.
- User will not impersonate any person or entity, misrepresent User’s affiliation with a person or entity, or misrepresent the origin of any content posted on or distributed through the Site.
User will indemnify and hold the Company, its affiliates, assigns, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from USER’s breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. USER agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and USER agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of USER’s use of the information accessed from the Web site.
This web site contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by the Company or have been licensed to the Company by the owner(s) of those rights so that it can use this material as part of this web site. Optimystix retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this web site are owned by Optimystix and used under licence by Optimystix affiliates.
- You may:
– Use and display the materials only on your personal computer only for personal use. Optimystix grants you a limited, personal, non-exclusive and non- transferable license only for such use.
– Print copies of the information on this site for your personal use and store the files on your computer for personal use.
- You will not:
– Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way otherwise use any material contained in the web site except as set out under “You may”. These restrictions apply in relation to all or part of the Information / material on the web site;
– Copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the web site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site.
– Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site;
– Link to this web site without our express written consent
Company’s logo is a registered trademark logo and the other Websites marks appearing on the Web Site are either registered or unregistered trademarks of the Company. Other trademarks, service marks and logos appearing in this Web site are the property of the Company, its content providers or other third parties. The Company, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos.
Should any USER/viewer of a document on this web site respond to Company with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content, such information shall be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information. In addition, Company shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, ideas and distribute the information to others without limitation, and to authorize others to do the same. Further, Company shall be free to use any ideas, concepts; content contained in such information for any purpose whatsoever incorporating such information. This paragraph is not intended to apply to any personal information about USER (such as name, mailing address and e-mail address), the use of which will be governed by Company’s private policy.
In consideration of Company’s continuing efforts to enhance and improve this Web Site and to respond to feedback from users, USER agree to transfer such ideas & concepts, to Company without any compensation. You agree to execute any and all documents that Company may reasonably request in connection with confirming Company’s ownership of and unlimited right to use such ideas & concepts.
User’s Liability: You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.
- Headings: The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
- Governing Law and Jurisdiction: The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the Country of India, without regard to its conflicts of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE BROUGHT IN A COURT LOCATED IN MUMBAI, INDIAN COUNTRY, AND USER HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND USER RREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
- Severability: The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Waiver: No failure or delay on the part of the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by the Company preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by the Company to any breach or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
These Terms and Conditions govern use of the Web site by the USER. These Terms and Conditions, however, do not apply to the Company’s services, which are the subject of separate agreements.
The READER/VIEWER/USER acknowledges that he/she has understood the terms and conditions provided herein above. By proceeding to view this website further, the READER/VIEWER/USER acknowledges that he/she wishes to know about the Company on his/her own accord, and for his/her more information and use. The READER/VIEWER/USER further acknowledges that there has been no inducement, invitation or solicitation of any nature whatsoever from Company or any of its assign/affiliates to create a client or partnership relationship through this Website.