Charotartoday
Terms of Service
Welcome to Charotartoday!
1. Your relationship with Charotartoday
1.1 Your use of Charotartoday products, software, services
and web sites (referred to collectively as the “Services”
in this document and excluding any services provided to you
by Charotartoday under a separate written agreement) is subject
to the terms of a legal agreement between you and Charotartoday.
whose principal place of business is at 14-B, Shubh Laxmi
Shopping Center Anand 388001, Gujarat India. This document
explains how the agreement is made up, and sets out some of
the terms of that agreement.
1.2 Unless otherwise agreed in writing with Charotartoday,
your agreement with Charotartoday will always include, at
a minimum, the terms and conditions set out in this document.
These are referred to below as the “Universal Terms”.
1.3 Your agreement with Charotartoday will also include
the terms of any Legal Notices applicable to the Services,
in addition to the Universal Terms. All of these are referred
to below as the “Additional Terms”. Where Additional
Terms apply to a Service, these will be accessible for you
to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms,
form a legally binding agreement between you and Charotartoday
in relation to your use of the Services. It is important that
you take the time to read them carefully. Collectively, this
legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional
Terms say and what the Universal Terms say, then the Additional
Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to
the Terms. You may not use the Services if you do not accept
the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this
option is made available to you by Charotartoday in the user
interface for any Service; or
(B) by actually using the Services. In this case, you understand
and agree that Charotartoday will treat your use of the Services
as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the
Terms if (a) you are not of legal age to form a binding contract
with Charotartoday, or (b) you are a person barred from receiving
the Services under the laws of the United States or other
countries including the country in which you are resident
or from which you use the Services.
2.4 Before you continue, you should print off or save a
local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Charotartoday has provided you with a translation
of the English language version of the Terms, then you agree
that the translation is provided for your convenience only
and that the English language versions of the Terms will govern
your relationship with Charotartoday.
3.2 If there is any contradiction between what the English
language version of the Terms says and what a translation
says, then the English language version shall take precedence.
4. Provision of the Services by Charotartoday
4.1 Charotartoday has subsidiaries and affiliated legal
entities around the world (“Subsidiaries and Affiliates”).
Sometimes, these companies will be providing the Services
to you on behalf of Charotartoday itself. You acknowledge
and agree that Subsidiaries and Affiliates will be entitled
to provide the Services to you.
4.2 Charotartoday is constantly innovating in order to provide
the best possible experience for its users. You acknowledge
and agree that the form and nature of the Services which Charotartoday
provides may change from time to time without prior notice
to you.
4.3 As part of this continuing innovation, you acknowledge
and agree that Charotartoday may stop (permanently or temporarily)
providing the Services (or any features within the Services)
to you or to users generally at Charotartoday sole discretion,
without prior notice to you. You may stop using the Services
at any time. You do not need to specifically inform Charotartoday
when you stop using the Services.
4.4 You acknowledge and agree that if Charotartoday disables
access to your account, you may be prevented from accessing
the Services, your account details or any files or other content
which is contained in your account.
4.5 You acknowledge and agree that while Charotartoday may
not currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services
or on the amount of storage space used for the provision of
any Service, such fixed upper limits may be set by Charotartoday
at any time, at Charotartoday discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required
to provide information about yourself (such as identification
or contact details) as part of the registration process for
the Service, or as part of your continued use of the Services.
You agree that any registration information you give to Charotartoday
will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that
are permitted by (a) the Terms and (b) any applicable law,
regulation or generally accepted practices or guidelines in
the relevant jurisdictions (including any laws regarding the
export of data or software to and from the India or other
relevant countries).
5.3 You agree not to access (or attempt to access) any of
the Services by any means other than through the interface
that is provided by Charotartoday, unless you have been specifically
allowed to do so in a separate agreement with Charotartoday
You specifically agree not to access (or attempt to access)
any of the Services through any automated means (including
use of scripts or web crawlers) and shall ensure that you
comply with the instructions set out in any robots.txt file
present on the Services.
5.4 You agree that you will not engage in any activity that
interferes with or disrupts the Services (or the servers and
networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so
in a separate agreement with Charotartoday, you agree that
you will not reproduce, duplicate, copy, sell, trade or resell
the Services for any purpose.
5.6 You agree that you are solely responsible for (and that
Charotartoday has no responsibility to you or to any third
party for) any breach of your obligations under the Terms
and for the consequences (including any loss or damage which
Charotartoday may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for
maintaining the confidentiality of passwords associated with
any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible
to Charotartoday for all activities that occur under your
account.
6.3 If you become aware of any unauthorized use of your
password or of your account, you agree to notify Charotartoday
immediately at http://www.Charotartoday.com/support/
7. Privacy and your personal information
7.1 For information about Charotartoday data protection
practices, please read Charotartoday privacy policy at http://www.Charotartoday.com/privacy.html.
This policy explains how Charotartoday treats your personal
information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with
Charotartoday privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files,
written text, computer software, music, audio files or other
sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the Services
are the sole responsibility of the person from which such
content originated. All such information is referred to below
as the “Content”.
8.2 You should be aware that Content presented to you as
part of the Services, including but not limited to advertisements
in the Services and sponsored Content within the Services
may be protected by intellectual property rights which are
owned by the sponsors or advertisers who provide that Content
to Charotartoday(or by other persons or companies on their
behalf). You may not modify, rent, lease, loan, sell, distribute
or create derivative works based on this Content (either in
whole or in part) unless you have been specifically told that
you may do so by Charotartoday or by the owners of that Content,
in a separate agreement.
8.3 Charotartoday reserves the right (but shall have no
obligation) to pre-screen, review, flag, filter, modify, refuse
or remove any or all Content from any Service. For some of
the Services, Charotartoday may provide tools to filter out
explicit sexual content. These tools include the Safe Search
preference settings (see http://www.Charotartoday.com/help/customize.html#safe).
In addition, there are commercially available services and
software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be
exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services
at your own risk.
8.5 You agree that you are solely responsible for (and that
Charotartoday has no responsibility to you or to any third
party for) any Content that you create, transmit or display
while using the Services and for the consequences of your
actions (including any loss or damage which Charotartoday
may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Charotartoday(or Charotartoday
licensors) own all legal right, title and interest in and
to the Services, including any intellectual property rights
which subsist in the Services (whether those rights happen
to be registered or not, and wherever in the world those rights
may exist). You further acknowledge that the Services may
contain information which is designated confidential by Charotartoday
and that you shall not disclose such information without Charotartoday
prior written consent.
9.2 Unless you have agreed otherwise in writing with Charotartoday,
nothing in the Terms gives you a right to use any of Charotartoday
trade names, trade marks, service marks, logos, domain names,
and other distinctive brand features.
9.3 If you have been given an explicit right to use any
of these brand features in a separate written agreement with
Charotartoday, then you agree that your use of such features
shall be in compliance with that agreement, any applicable
provisions of the Terms, and Charotartoday brand feature use
guidelines as updated from time to time. These guidelines
can be viewed online at http://www.Charotartoday.com/permissions/guidelines.html
(or such other URL as Charotartoday may provide for this purpose
from time to time).
9.4 Other than the limited license set forth in Section
11, Charotartoday acknowledges and agrees that it obtains
no right, title or interest from you (or your licensors) under
these Terms in or to any Content that you submit, post, transmit
or display on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether those
rights happen to be registered or not, and wherever in the
world those rights may exist). Unless you have agreed otherwise
in writing with Charotartoday, you agree that you are responsible
for protecting and enforcing those rights and that Charotartoday
has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter
any proprietary rights notices (including copyright and trade
mark notices) which may be affixed to or contained within
the Services.
9.6 Unless you have been expressly authorized to do so in
writing by Charotartoday, you agree that in using the Services,
you will not use any trade mark, service mark, trade name,
logo of any company or organization in a way that is likely
or intended to cause confusion about the owner or authorized
user of such marks, names or logos.
10. License from Charotartoday
10.1 Charotartoday gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software
provided to you by Charotartoday as part of the Services as
provided to you by Charotartoday (referred to as the “Software”
below). This license is for the sole purpose of enabling you
to use and enjoy the benefit of the Services as provided by
Charotartoday, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to)
copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code
of the Software or any part thereof, unless this is expressly
permitted or required by law, or unless you have been specifically
told that you may do so by Charotartoday, in writing.
10.3 Unless Charotartoday has given you specific written
permission to do so, you may not assign (or grant a sub-license
of) your rights to use the Software, grant a security interest
in or over your rights to use the Software, or otherwise transfer
any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already
hold in Content which you submit, post or display on or through,
the Services. By submitting, posting or displaying the content
you give Charotartoday a perpetual, irrevocable, worldwide,
royalty-free, and non-exclusive license to reproduce, adapt,
modify, translate, publish, publicly perform, publicly display
and distribute any Content which you submit, post or display
on or through, the Services. This license is for the sole
purpose of enabling Charotartodayto display, distribute and
promote the Services and may be revoked for certain Services
as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Charotartoday
to make such Content available to other companies, organizations
or individuals with whom Charotartoday has relationships for
the provision of syndicated services, and to use such Content
in connection with the provision of those services.
11.3 You understand that Charotartoday, in performing the
required technical steps to provide the Services to our users,
may (a) transmit or distribute your Content over various public
networks and in various media; and (b) make such changes to
your Content as are necessary to conform and adapt that Content
to the technical requirements of connecting networks, devices,
services or media. You agree that this license shall permit
Charotartoday to take these actions.
11.4 You confirm and warrant to Charotartoday that you have
all the rights, power and authority necessary to grant the
above license.
12. Software updates
12.1 The Software which you use may automatically download
and install updates from time to time from Charotartoday These
updates are designed to improve, enhance and further develop
the Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions.
You agree to receive such updates (and permit Charotartoday
to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Charotartoday
13.1 The Terms will continue to apply until terminated by
either you or Charotartoday as set out below.
13.2 If you want to terminate your legal agreement with
Charotartoday, you may do so by (a) notifying Charotartodayat
any time and (b) closing your accounts for all of the Services
which you use, where Charotartodayhas made this option available
to you. Your notice should be sent, in writing, to Charotartoday’s
address which is set out at the beginning of these Terms.
13.3 Charotartodaymay at any time, terminate its legal agreement
with you if:
(A) you have breached any provision of the Terms (or have
acted in manner which clearly shows that you do not intend
to, or are unable to comply with the provisions of the Terms);
or
(B) Charotartoday is required to do so by law (for example,
where the provision of the Services to you is, or becomes,
unlawful); or
(C) the partner with whom Charotartodayoffered the Services
to you has terminated its relationship with Charotartodayor
ceased to offer the Services to you; or
(D) Charotartodayis transitioning to no longer providing
the Services to users in the country in which you are resident
or from which you use the service; or
(E) the provision of the Services to you by Charotartodayis,
in Charotartoday’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Charotartoday’s
rights regarding provision of Services under Section 4 of
the Terms.
13.5 When these Terms come to an end, all of the legal rights,
obligations and liabilities that you and Charotartodayhave
benefited from, been subject to (or which have accrued over
time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation,
and the provisions of paragraph 20.7 shall continue to apply
to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15,
SHALL EXCLUDE OR LIMIT CHAROTARTODAY’S WARRANTY OR LIABILITY
FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY
APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH
OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL
IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE
PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, CHAROTARTODAY, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT
TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM CHAROTARTODAYOR THROUGH OR FROM THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 CHAROTARTODAYFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHAROTARTODAY, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE
LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE,
BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED
DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS
REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING
BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP
OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH CHAROTARTODAYMAY MAKE TO THE SERVICES,
OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION
OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,
ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED
BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE CHAROTARTODAYWITH ACCURATE
ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON CHAROTARTODAY’S LIABILITY
TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT
CHAROTARTODAYHAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE
OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Charotartoday’s policy to respond to notices
of alleged copyright infringement that comply with applicable
international intellectual property law (including, in the
United States, the Digital Millennium Copyright Act) and to
terminating the accounts of repeat infringers. Details of
Charotartoday’s policy can be found at http://www.Charotartoday.com/dmca.html.
16.2 Charotartodayoperates a trade mark complaints procedure
in respect of Charotartoday’s advertising business,
details of which can be found at http://www.Charotartoday.com/tm_complaint.html.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue
and may display advertisements and promotions. These advertisements
may be targeted to the content of information stored on the
Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Charotartodayon
the Services are subject to change without specific notice
to you.
17.3 In consideration for Charotartodaygranting you access
to and use of the Services, you agree that Charotartodaymay
place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites
or content or resources. Charotartodaymay have no control
over any web sites or resources which are provided by companies
or persons other than Charotartoday.
18.2 You acknowledge and agree that Charotartodayis not
responsible for the availability of any such external sites
or resources, and does not endorse any advertising, products
or other materials on or available from such web sites or
resources.
18.3 You acknowledge and agree that Charotartodayis not
liable for any loss or damage which may be incurred by you
as a result of the availability of those external sites or
resources, or as a result of any reliance placed by you on
the completeness, accuracy or existence of any advertising,
products or other materials on, or available from, such web
sites or resources.
19. Changes to the Terms
19.1 Charotartodaymay make changes to the Universal Terms
or Additional Terms from time to time. When these changes
are made, Charotartodaywill make a new copy of the Universal
Terms available at http://www.Charotartoday.com/accounts/TOS?hl=en
and any new Additional Terms will be made available to you
from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services
after the date on which the Universal Terms or Additional
Terms have changed, Charotartodaywill treat your use as acceptance
of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a
result of, or through your use of the Services) use a service
or download a piece of software, or purchase goods, which
are provided by another person or company. Your use of these
other services, software or goods may be subject to separate
terms between you and the company or person concerned. If
so, the Terms do not affect your legal relationship with these
other companies or individuals.
20.2 The Terms constitute the whole legal agreement between
you and Charotartodayand govern your use of the Services (but
excluding any services which Charotartodaymay provide to you
under a separate written agreement), and completely replace
any prior agreements between you and Charotartoday in relation
to the Services.
20.3 You agree that Charotartoday may provide you with notices,
including those regarding changes to the Terms, by email,
regular mail, or postings on the Services.
20.4 You agree that if Charotartoday does not exercise or
enforce any legal right or remedy which is contained in the
Terms (or which Charotartoday has the benefit of under any
applicable law), this will not be taken to be a formal waiver
of Charotartoday rights and that those rights or remedies
will still be available to Charotartoday.
20.5 If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these Terms is
invalid, then that provision will be removed from the Terms
without affecting the rest of the Terms. The remaining provisions
of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group
of companies of which Charotartoday is the parent shall be
third party beneficiaries to the Terms and that such other
companies shall be entitled to directly enforce, and rely
upon, any provision of the Terms which confers a benefit on
(or rights in favor of) them. Other than this, no other person
or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Charotartoday
under the Terms, shall be governed by the laws of the State
of California without regard to its conflict of laws provisions.
You and Charotartoday agree to submit to the exclusive jurisdiction
of the courts located within the county of Santa Clara, California
to resolve any legal matter arising from the Terms. Notwithstanding
this, you agree that Charotartoday shall still be allowed
to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction. |