Terms of Service
PLEASE READ THIS TERMSOF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised:
2021-08-09 07:35:50
1. OVERVIEW
This Terms of Service
Agreement ("Agreement") is entered into by and between Universal
Tutorials Private Limited, registered address Universal Tutorials, Plot 21,
Sector 7, HIranandani, Kharghar, Navi Mumbai, Raigad, India
("Company") and you, and is made effective as of the date of your use
of this website https://fpv.b03.myftpupload.com/ ("Site") or the
date of electronic acceptance.
This Agreement sets
forth the general terms and conditions of your use of the
https://fpv.b03.myftpupload.com/ as well as the products and/or services
purchased or accessed through this Site (the "Services").Whether you
are simply browsing or using this Site or purchase Services, your use of this
Site and your electronic acceptance of this Agreement signifies that you have
read, understand, acknowledge and agree to be bound by this Agreement our privacy policy The terms "we", "us" or "our"
shall refer to Company. The terms "you", "your",
"User" or "customer" shall refer to any individual or
entity who accepts this Agreement, uses our Site, has access or uses the Services.
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
Company may, in its
sole and absolute discretion, change or modify this Agreement, and any policies
or agreements which are incorporated herein, at any time, and such changes or
modifications shall be effective immediately upon posting to this Site. Your
use of this Site or the Services after such changes or modifications have been
made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO
BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE)
THIS SITE OR THE SERVICES.
2. ELIGIBILITY
This Site and the
Services are available only to Users who can form legally binding contracts
under applicable law. By using this Site or the Services, you represent and
warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise
recognized as being able to form legally binding contracts under applicable
law, and (iii) are not a person barred from purchasing or receiving the
Services found under the laws of the India or other applicable jurisdiction.
If you are entering
into this Agreement on behalf of a company or any corporate entity, you
represent and warrant that you have the legal authority to bind such corporate
entity to the terms and conditions contained in this Agreement, in which case
the terms "you", "your", "User" or
"customer" shall refer to such corporate entity. If, after your
electronic acceptance of this Agreement, Company finds that you do not have the
legal authority to bind such corporate entity, you will be personally
responsible for the obligations contained in this Agreement.
3. RULES OF USER
CONDUCT
By using this Site You
acknowledge and agree that:
- Your use of this Site, including any content you
submit, will comply with this Agreement and all applicable local, state,
national and international laws, rules and regulations.
You will not use this
Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or
the exploitation of children;
- Promotes, encourages or engages in terrorism, violence
against people, animals, or property;
- Promotes, encourages or engages in any spam or other
unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of
another User or any other person or entity;
- Violates the privacy or publicity rights of another
User or any other person or entity, or breaches any duty of
confidentiality that you owe to another User or any other person or
entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan
horses, Cryptocurrency Miners or other code, files or programs designed
to, or capable of, using many resources, disrupting, damaging, or limiting
the functionality of any software or hardware.
4. INTELLECTUAL
PROPERTY
In addition to the
general rules above, the provisions in this Section apply specifically to your
use of Companies Content posted to Site. Companies Content on this Site,
including without limitation the text, software, scripts, source code, API,
graphics, photos, sounds, music, videos and interactive features and the
trademarks, service marks and logos contained therein ("Companies
Content"), are owned by or licensed to Universal Tutorials Private Limited
in perpetuity, and are subject to copyright, trademark, and/or patent
protection.
Companies Content is
provided to you "as is", "as available" and "with all
faults" for your information and personal, non-commercial use only and may
not be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any purposes whatsoever
without the express prior written consent of Company. No right or license under
any copyright, trademark, patent, or other proprietary right or license is
granted by this Agreement.
5. YOUR USE OF USER
CONTENT
Some of the features
of this Site may allow Users to view, post, publish, share, or manage (a)
ideas, opinions, recommendations, or advice ("User Submissions"), or
(b) literary, artistic, musical, or other content, including but not limited to
photos and videos (together with User Submissions, "User Content").
By posting or publishing User Content to this Site, you represent and warrant
to Company that (i) you have all necessary rights to distribute User Content via
this Site or via the Services, either because you are the author of the User
Content and have the right to distribute the same, or because you have the
appropriate distribution rights, licenses, consents, and/or permissions to use,
in writing, from the copyright or other owner of the User Content, and (ii) the
User Content does not violate the rights of any third party.
You agree not to
circumvent, disable or otherwise interfere with the security-related features
of this Site (including without limitation those features that prevent or
restrict use or copying of any Companies Content or User Content) or enforce
limitations on the use of this Site, the Companies Content or the User Content
therein.
6. COMPANIES USE OF
USER CONTENT
The provisions in this
Section apply specifically to Companies use of User Content posted to Site.
You shall be solely
responsible for any and all of your User Content or User Content that is
submitted by you, and the consequences of, and requirements for, distributing
it.
With Respect to User
Submissions, you acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential
relationship or obligate Company to treat your User Submissions as
confidential or secret.
- Company has no obligation, either express or implied,
to develop or use your User Submissions, and no compensation is due to you
or to anyone else for any intentional or unintentional use of your User
Submissions.
Company shall own
exclusive rights (including all intellectual property and other proprietary
rights) to any User Submissions posted to this Site, and shall be entitled to
the unrestricted use and dissemination of any User Submissions posted to this
Site for any purpose, commercial or otherwise, without acknowledgment or
compensation to you or to anyone else.
With Respect to User
Content, by posting or publishing User Content to this Site, you authorize
Company to use the intellectual property and other proprietary rights in and to
your User Content to enable inclusion and use of the User Content in the manner
contemplated by this Site and this Agreement.
You hereby grant
Company a worldwide, non-exclusive, royalty-free, sublicensable, and
transferable license to use, reproduce, distribute, prepare derivative works of,
combine with other works, display, and perform your User Content in connection
with this Site, including without limitation for promoting and redistributing
all or part of this Site in any media formats and through any media channels
without restrictions of any kind and without payment or other consideration of
any kind, or permission or notification, to you or any third party. You also
hereby grant each User of this Site a non-exclusive license to access your User
Content through this Site, and to use, reproduce, distribute, prepare
derivative works of, combine with other works, display, and perform your User
Content as permitted through the functionality of this Site and under this
Agreement.
The above licenses
granted by you in your User Content terminate within a commercially reasonable
time after you remove or delete your User Content from this Site. You
understand and agree, however, that Company may retain (but not distribute,
display, or perform) server copies of your User Content that have been removed
or deleted. The above licenses granted by you in your User Content are
perpetual and irrevocable.
Company generally does
not pre-screen User Content but reserves the right (but undertakes no duty) to
do so and decide whether any item of User Content is appropriate and/or
complies with this Agreement. Company may remove any item of User Content if it
violating this Agreement, at any time and without prior notice.
7. LINKS TO
THIRD-PARTY WEBSITES
This Site may contain
links to third-party websites that are not owned or controlled by Company.
Company assumes no responsibility for the content, terms and conditions,
privacy policies, or practices of any third-party websites. In addition,
Company does not censor or edit the content of any third-party websites. By
using this Site you expressly release Company from any and all liability
arising from your use of any third-party website. Accordingly, Company
encourages you to be aware when you leave this Site and to review the terms and
conditions, privacy policies, and other governing documents of each other
website that you may visit.
8. DISCLAIMER OF
REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND
THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND
"WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR
ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND
THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR
(II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES
FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR
ADVICE.
THE FOREGOING
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, and shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
9. LIMITATION OF
LIABILITY
IN NO EVENT SHALL
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE
PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR
CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY
DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE
WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE
OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER
CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR
ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE
OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER
OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You
SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or
related to this Site or the Services found at this Site must be commenced
within one (1) year after the cause of action accrues, otherwise such cause of
action shall be permanently barred.
THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND
shall survive any termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
10. INDEMNITY
You agree to protect,
defend, indemnify and hold harmless Company and its officers, directors,
employees, agents from and against any and all claims, demands, costs,
expenses, losses, liabilities and damages of every kind and nature (including,
without limitation, reasonable attorneys’ fees) imposed upon or incurred by
Company directly or indirectly arising from (i) your use of and access to this
Site; (ii) your violation of any provision of this Agreement or the policies or
agreements which are incorporated herein; and/or (iii) your violation of any
third-party right, including without limitation any intellectual property or
other proprietary right. The indemnification obligations under this section
shall survive any termination or expiration of this Agreement or your use of
this Site or the Services found at this Site.
11. DATA TRANSFER
If you are visiting
this Site from a country other than the country in which our servers are
located, your communications with us may result in the transfer of information
across international boundaries. By visiting this Site and communicating
electronically with us, you consent to such transfers.
12. AVAILABILITY OF
WEBSITE
Subject to the terms
and conditions of this Agreement and our policies, we shall use commercially
reasonable efforts to attempt to provide this Site on 24/7 basis. You
acknowledge and agree that from time to time this Site may be inaccessible for
any reason including, but not limited to, periodic maintenance, repairs or
replacements that we undertake from time to time, or other causes beyond our
control including, but not limited to, interruption or failure of
telecommunication or digital transmission links or other failures.
You acknowledge and
agree that we have no control over the availability of this Site on a
continuous or uninterrupted basis, and that we assume no liability to you or
any other party with regard thereto.
13. DISCONTINUED
SERVICES
Company reserves the
right to cease offering or providing any of the Services at any time, for any
or no reason, and without prior notice. Although Company makes great effort to
maximize the lifespan of all its Services, there are times when a Service we
offer will be discontinued. If that is the case, that product or service will
no longer be supported by Company. In such case, Company will either offer a
comparable Service for you to migrate to or a refund. Company will not be
liable to you or any third party for any modification, suspension, or
discontinuance of any of the Services we may offer or facilitate access to.
14. FEES AND PAYMENTS
You acknowledge and
agree that your payment will be charged and processed by Universal Tutorials
Private Limited.
You agree to pay any
and all prices and fees due for Services purchased or obtained at this Site at
the time you order the Services.
Company expressly
reserves the right to change or modify its prices and fees at any time, and
such changes or modifications shall be posted online at this Site and effective
immediately without need for further notice to you.
Except as expressly
provided in these Terms, all charges and payments are non-refundable,
non-cancellable, and non-creditable, even if your Services are suspended,
terminated, or transferred prior to the end of the Services term.
15. NO THIRD-PARTY
BENEFICIARIES
Nothing in this
Agreement shall be deemed to confer any third-party rights or benefits.
16. COMPLIANCE WITH
LOCAL LAWS
Company makes no
representation or warranty that the content available on this Site are
appropriate in every country or jurisdiction, and access to this Site from
countries or jurisdictions where its content is illegal is prohibited. Users
who choose to access this Site are responsible for compliance with all local
laws, rules and regulations.
17. GOVERNING LAW
This Agreement and any
dispute or claim arising out of or in connection with it or its subject matter
or formation shall be governed by and construed in accordance with the laws of
India, Maharashtra, to the exclusion of conflict of law rules.
18. DISPUTE RESOLUTION
Any controversy or
claim arising out of or relating to these Terms of Services will be settled by
binding arbitration. Any such controversy or claim must be arbitrated on an
individual basis, and must not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration must be conducted in
India, Maharashtra, and judgment on the arbitration award may be entered into
any court having jurisdiction thereof.
19. TITLES AND
HEADINGS
The titles and
headings of this Agreement are for convenience and ease of reference only and
shall not be utilized in any way to construe or interpret the agreement of the
parties as otherwise set forth herein.
20. SEVERABILITY
Each covenant and
agreement in this Agreement shall be construed for all purposes to be a
separate and independent covenant or agreement. If a court of competent
jurisdiction holds any provision (or portion of a provision) of this Agreement
to be illegal, invalid, or otherwise unenforceable, the remaining provisions
(or portions of provisions) of this Agreement shall not be affected thereby and
shall be found to be valid and enforceable to the fullest extent permitted by
law.
21. CONTACT
INFORMATION
If you have any
questions about this Agreement, please contact us by email or regular mail at
the following address:
Universal Tutorials
Private Limited
Universal Tutorials,
Plot 21, Sector 7, HIranandani, Kharghar, Navi Mumbai, Raigad
India