General
The Site is owned and operated by the Starchild Education and Learning Pvt. Ltd. (hereinafter "Starchild" or "OWN" or "we," "our," or "us"). These Terms apply to interactive features or downloads that are owned or controlled by Starchild and are available through the Site. These Terms govern use of the Site by the User (herein after "You").
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.
You can accept the Terms by:
1. Clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service;
2. By actually using the Services. In this case, you understand and agree that Starchild will treat your use of the Services as acceptance of the Terms from that point onwards.
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, or (b) you are a person barred from receiving the Services under the laws of the India or other countries including the country in which you are resident or from which you use the Services.
Your use of Starchild 's products, services and the site (herein collectively as the “Services”) are subject to the terms of a legal agreement between you and the Starchild. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with the Starchild, your agreement with the Starchild will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms". Your agreement with the STARCHILD 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.
You understand that all the contents (such as data files, written text, music, audio files or other sounds, photographs, videos or other images) (collectively, the "Material(s)/content(s) are owned by or Licensed to and controlled by the Starchild, and are protected from any unauthorized use, except as expressly set forth under these Terms or otherwise expressly granted to you in writing by the Starchild.
You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the contents of this Site.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of contents on the Site:
1. The contents on the Site, and the trademarks/ service marks ("Marks") on the Site are owned by or licensed to the Starchild and subject to copyright and other intellectual property rights under the law.
2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Site and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed on the Site for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Starchild.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
4. You understand that when using the Site, you will be exposed to Content from a variety of sources, and that Starchild shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Starchild with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Starchild and her Licensor/licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Information You Submit
The Site may provide you with the opportunity to participate in forums, blogs, groups, message boards, social networking, social communities or any other communication functionality (collectively, "User Forums") and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Starchild or the Site, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Starchild all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on this Site or other related Sites owned and/or operated by Starchild pursuant to these Terms of Service.
In Consequence, you retain copyright and any other rights you already hold in Content which you may submit, post or display on or through, the Site. By submitting, posting or displaying the content you give Starchild 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 may submit, post or display on or through the Site. This license is for the sole purpose of enabling Starchild to display, distribute and promote the Site and its' services.
You agree that this license includes a right for Starchild to make such Content available to other companies, organizations or individuals with whom Starchild has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that the Starchild, in performing the required technical steps to provide the Services to its' 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 Starchild to take these actions.
You confirm and warrant to Starchild that you have all the rights, power and authority necessary to grant the above license.
Starchild does not permit copyright infringing activities or any other form of intellectual property rights infringement on the SITE, and Starchild reserves its' rights to remove all the content without any notice, if properly notified and/or found that such Content infringes on another's intellectual property rights.
STARCHILD's Obligations Regarding User Content
You agree that Starchild has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce itself and its' licensees' licensed rights to your User Content. You further acknowledge and agree that Starchild will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Starchild may, at its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without a notice or liability; provided, however, that Starchild reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which Starchild will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums House Rules when notice of such violations are directed to Starchild's attention.
User Conduct
As a user of the website, you agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or its' Content. You agree not to use the Site in any manner that might interfere with the rights of third parties. Your participation in the User Forums is subject to all the Terms. Starchild reserve the right, in its' sole discretion, to monitor and screen all User Content submitted to the Site and may disregard any User Content that, in its' sole discretion, violates the Terms, or that it otherwise finds objectionable.
Account Registration
Certain areas of the Site may require registration or may otherwise ask you for your personal information to participate in certain features. The decision to provide this information is purely optional; however, if you elect not to provide any such information, you may not be able to access certain contents or User Content or participate in certain features of the Site.
If you register on the Site and/or create a personal profile, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Starchild reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
Your Warranties
You represent and warrant that: (i) you are at least thirteen (13) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to STARCHILD is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.
User Interactions And Disputes
You are solely responsible for your interaction with other users of the website, whether online or offline. Starchild is not responsible or liable for the conduct of any user. Starchild reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
Promotions
The Site may contain or offer promotions, which may be governed by a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable promotion.
Third Party Links And Content
There may be links from the Site, or communications you receive from the Site, to third party website or the Site may include third party content that Starchild does not control, maintain or endorse. Accessing those third party websites may require you to leave the Site. Starchild does not control those third party website or any of the content contained therein and you expressly acknowledge and agree that Starchild is in no way responsible or liable for any of those third party websites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their websites.
Linking Policy
Starchild grants you the revocable permission to link to the Site; provided, however, that your website, or any third party's website that link to the Site: (a) may only link to a Site's home page or any other designated place only ; (b) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (c) must not imply that Starchild or the Site are endorsing or sponsoring it or its products, unless Starchild has given its prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in Starchild's sole opinion, harm Starchild or it's services or the information provided by it; (e) must not use any Starchild's trademark without the prior written permission from Starchild and/or its' proprietors; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Starchild's sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Starchild reserves the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Disclaimer Of Warranties:
THE SITE, INCLUDING, BUT WITHOUT LIMITATION TO THE CONTENTS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STARCHILD AND HER REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENTS ON OR PROVIDED THROUGH THE SITE; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM STARCHILD OR VIA THE SITE. IN ADDITION, STARCHILD AND HER REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
STARCHILD AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. STARCHILD AND ITS REPRESENTATIVES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. STARCHILD AND ITS REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND STARCHILD AND HER REPRESENTATIVES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
Disclaimer/limitation Of Liability:
UNDER NO CIRCUMSTANCES WILL STARCHILD AND/OR ITS REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITE; (B) THE MATERIALS; (C) THE DOWNLOADABLE ITEMS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STARCHILD AND ITS REPRESENTATIVES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF STARCHILD AND HER REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL STARCHILD AND/OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENTS.
Indemnification:
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Starchild, its' proprietors, representatives, partner or its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and its Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Termination:
Starchild reserves the right to terminate your access to and use of the Site, in its sole discretion, without notice and liability, including, without limitation STARCHILD also reserves the right to investigate suspected violations of these terms, including, without limitation, any violation arising from any e-mails you send to the Site or Starchild. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Site, or upon demand from Starchild, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site, including links to the Site; and (b) destroy all Materials obtained from the Site and all related documentation.
Modifications:
Starchild reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any contents available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Starchild will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.
Location Of Site:
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Starchild to any registration requirement within such jurisdiction. Starchild controls and operates the Site from India and makes no representations or warranties that the information, contents, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and are responsible for compliance with India's, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. Starchild reserves the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
Governing Law/jurisdiction:
These terms and the interpretation of these terms will be governed by and construed in accordance with the laws of Republic of India. Any cause of action or claim you may have with respect to any clause of the Site must be commenced within one (1) year after such claim or cause of action arises.
Dispute Resolution:
Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to these Terms of Site shall, in the first instance be attempted to be resolved amicably. Any Dispute which is not resolved amicably by conciliation within the period of 30 days shall be referred to a sole arbitrator appointed by the mutual consent of both the parties. The seat of Arbitrator shall be Bangalore. The arbitration proceedings shall be conducted in English only. The Parties agree to bear the fees of Arbitrator in equal proportion.
Miscellaneous:
The failure of Starchild to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Starchild's rights with respect to such breach or any subsequent breaches. No waiver by Starchild of any of these Terms will be of any force or effect unless made in writing and signed by Starchild or anyone authorized to do so. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Starchild may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Starchild's prior written consent. If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of remaining provisions.
The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will NOT be construed against Starchild by virtue of having drafted them.