TERMS OF SERVICE

MrBeingCurious and/ or its affiliates (collectively, the “Brand”) provide service to you subject to the following Terms of Service, which may be updated by the Brand from time to time without prior notice to you.  Your use of the MrBeingCurious Site (as defined below) constitutes your agreement to these Terms of Service.  The right to use the MrBeingCurious Site, or any product or service offered by the Brand, is personal to you and is not transferable to any other person or entity.  The Brand may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.  Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. www.mrbeingcurious.com is referred to as “Brand site/website” 

1.       Definitions.

The “MrBeingCurious” shall mean all areas and any registration or other paid / unpaid products and/or services offered or operated by the Brand on the World Wide Web or via any other electronic delivery mechanism. The MrBeingCurious Site consists of information services and content provided by the Company, affiliates of the Company and third parties. The term “Community Areas” means the bulletin boards, chat rooms, content sharing, blogs, forums and other user participatory areas on the MrBeingCurious Sites, and areas dedicated to MrBeingCurious products and services on third-party sites, such as Facebook and Twitter amongst others. Your use of MrBeingCurious areas on third-party sites, while subject to these Terms of Service, is also subject to any terms and conditions imposed by those sites.

2.        General.

The Brand shall have the right at any time to change or discontinue any aspect or feature of the Brand site including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use, without prior notice to you.                                      

3.         Use of the MrBeingCurious Site and the Community Areas.

     a.         The Community Areas may be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, illegal, unlawful or otherwise objectionable; or which encourages conduct that would constitute a criminal offense, or which wages war against the state, gives rise to civil liability or otherwise violates any law.  You may not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that any material you upload or contribute is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from any uploading, posting or submission.  No user may engage in conduct that, in the Company’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may not be posted on or transmitted through the Community Areas without the Company’s express written approval.

     b.         The MrBeingCurious Site and the Community Areas contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the MrBeingCurious are copyrighted as a collective work under the Indian copyright laws. The Company is the owner of the copyright in all of the MrBeingCurious Site. The Brand owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, modify, adapt, publish, display or commercially exploit any material from the Twist & Ignite Site without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Twist & Ignite Site, no changes in or deletion of author attribution, trademark, legend, or copyright notice are permitted.

     c.         You hereby grant to the Company and its affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or note posted in the Community Areas and/or any e-mail sent by you to the Company (in whole or in part), and/or to incorporate them in other works in any form, media or technology now known or later developed. To this effect you hereby acknowledge that you will under any circumstances not initiate any claim legal or otherwise against the Company.

     d.         You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company considers to be offensive.

     e.         You shall provide the Company with true, accurate, complete and updated information at the time of registration.

     f.         You shall not engage in any activity which is contrary to or would adversely affect the purpose or intention of the Twist & Ignite Site, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Site, services, in whole or in part, by, among other methods, registering multiple accounts under the same or different names.

     g.         The MrBeingCurious contain links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse or is it responsible for the content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external sites administrator or webmaster.

     h.         You shall be responsible for obtaining and maintaining all telecommunications, computer hardware and other equipment needed for access to and use of the MrBeingCurious Sites and Community Areas, and all charges related thereto.

     i.       The foregoing provisions of this Section are for the benefit of the Brand, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

     j.        The Brand has carefully designed the MrBeingCurious Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the MrBeingCurious Site in any way that interferes with that purpose. In particular, the Brand prohibits any party from displaying the content on the Brand Sites in any format where third party advertising or other materials which the Brand did not authorize are viewed or viewable together with the Brand’s proprietary content. Against such offenders/ infringers, the Brand reserves the right to initiate such legal proceedings of both civil and criminal in nature as it may deem fit.

Additionally, you by participating in the Community Areas, including the posting of content and sending of Private Messages, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:

a. Is not consistent with the permissible uses outlined by the Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;

b. Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by the Brand in its sole discretion;

c. Contains software viruses, Trojan horses, worms, time bombs, cancel bots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;

d. Intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.

e. Impersonates any person or entity, including a Brand employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous re-mailers.

f. Attacks or insults another Community Area user/ registrant or moderator;

g. Suggests or encourages illegal activity

4.           Monitoring/ Enforcement.

The Brand shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by the Brand from time to time. TheBrand shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas that the Company, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of the Brand, users shall remain solely responsible for the content of their messages and in no circumstances will the Brand be liable for any such message or the consequence thereof. You acknowledge and agree that neither the Brand nor any of its affiliates shall assume or have any liability for any action or inaction by the Brand with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.

5.         Disclaimer of Warranty; Limitation of Liability.

     a.         YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE BRAND SITES IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE BRAND SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BRAND SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.

     b.         THE BRAND SITES AND THE COMMUNITY AREAS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

     c.         THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE BRAND IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

     d.         IN NO EVENT WILL THE BRAND OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE BRAND SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BRAND SITES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 5 SHALL APPLY TO ALL CONTENT ON THE BRAND SITES AND/OR THE COMMUNITY AREAS. THE BRAND.S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE BRAND.

     e.         THE BRAND NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE BRAND SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE EXCEPT AN AUTHORIZED BRAND EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE BRAND BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE BRAND SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE BRAND SITES AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

     f.         THE BRAND DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE BRAND SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE BRAND MAKES PRODUCTS OR SERVICES AVAILABLE ON THE BRAND SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE MERCHANTS ARE RESPONSIBLE FOR ANY INTELLECTUAL PROPERTY VIOLATION AND SHALL INDEMNIFY THE BRAND AGAINST ANY CLAIMS COMENSATION, LIABILITIES, LOSSES, AND DAMAGES INCLUDING ATTORNEY FEES.

     g.    NEITHER THE BRAND NOR ITS THIRD PARTY CONTENT PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NEITHER THE BRAND NOR ITS THIRD PARTY CONTENT PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE BRAND SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. THE BRAND IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.

6.         Indemnification.

You agree to defend, indemnify and hold harmless the Brand, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys. fees, arising out of the use by you of the Twist & Ignite Site and/or the Community Areas.

7.         Termination.

The Brand shall have the right to terminate your right to use the MrBeingCurious Site or the Community Areas if the Brand, in its sole discretion, considers you to be engaged in unacceptable conduct, or in the event of your breach of this Agreement.

8.         Trademarks.

All trademarks appearing on the MrBeingCurious Site are the property of their respective owners, including trademarks owned by the Company. However, the MRBEINGCURIOUS logo, design and the word mark are the trademark of the Company and the Company has filed appropriate trademark applications for its legal protection. Further any artistic work created in the logo is the creation of the Brand, and the Brand is the owner of the same. The Brand either owns the intellectual property rights, including copyright, or has acquired the necessary licenses therein, in and to the information, including, without limitation, all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (collectively the “Information”). None of the Information may be otherwise reproduced, republished or re-disseminated, in whole or in part, in any manner or form without the prior written consent of the Brand. The Brand shall not be responsible for any issues linked to any Intellectual Property Rights of any third party mentioned on the MrBeingCurious Site. The Brand has specifically entered into contracts with such third parties wherein such third parties clearly indemnify the Brand for any such issues linked to any infringement/ passing off of Intellectual Property Rights of any third party whatsoever. It is further clarified that the

9.         Registration Services. The Brand makes available to you certain online registration/ subscription services and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any paid registration service or services offered by the Brand on the MrBeingCurious Site (the “Subscription”):

     a.        Registration Terms. You are not obligated to register in order to access the Forums and read the message boards. However, registration (via provision of a valid email address, screen name, password and selected other required fields) and login are required in order to post to the message boards and adjust user settings. All information received from you will be handled in accordance with the MrBeingCurious’s Privacy Policy. When you register, you will also be asked to enter some personal information. Please keep in mind when choosing a screen name and filling out your profile that whenever you post to a message board your screen name will automatically appear with your post.

We may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.

In consideration of your use of the Community Areas, you agree that all information provided in your profile is accurate, true, current and complete and the Company may terminate your account if any of the information provided is found to be inaccurate or false.

     b.       Modification of Terms. The Brand shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Registration/subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately after notice thereof, which may be given by means including, but not limited to, posting on the MrBeingCurious Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in Subsection (c) below. Any use of the Subscription by you after the change in terms is effective shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.

     c.       Termination. Either you or the Brand may terminate this registration/ subscription at any time. Your only remedy with respect to any dissatisfaction with the terms of the Subscription, the content available through the Registration, or the amount or type of fees or billing methods, is to terminate this Agreement by sending notice to the Brand at the customer service email address found under “Contact Us” and “For questions regarding your registration.” Notice of termination will be effective upon receipt by the Brand. In the event that your account is terminated or canceled, no refund of any fees for services already provided, including a monthly membership fee, will be granted.

10.       Miscellaneous.

This Agreement and any operating rules for the MrBeingCurious Site and the Community Areas established by the Brand constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India, and under the jurisdiction of courts in New Delhi, without regard to its conflict of laws rules. You hereby unconditionally accept and acknowledge to submit to the exclusive jurisdiction of the courts of New Delhi. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

ACCOUNT HOLDERS WHO POST MATERIAL DEPICTING VIOLENCE, DEFAMATORY MATERIAL, PORNOGRAPHY, CRUELTY, OR CRIMINAL CONDUCT WILL HAVE THEIR ACCOUNTS TERMINATED IMMEDIATELY, WITHOUT NOTICE.  IF ANY OF THE MATERIAL VIOLATES ANY LAWS, THE ACCOUNT HOLDER WILL BE REPORTED TO THE PROPER AUTHORITIES. IN CASE THE BRAND FACES ANY DAMAGES, LOSS OF REPUTATION OR ANY OTHER LOSS OF ANY KIND WHATSOEVE, THEN THE BRAND WILL HAVE THE RIGHT TO INITIATE BOTH CIVIL AND CRIMINAL ACTION AGAINST SUCH ACCOUNT HOLDERS.

If you believe that any material posted on any MrBeingCurios Sites violates your copyright, trademark or other intellectual property rights, please e-mail mrbeingcurious@gmail.com.