Ultra Digital and its affiliates (“Ultra Digital” or “we” or
“us” or “our”) provide https://UltraDigital.in as well as the
other websites we operate (collectively, the “Website/s”) to you
subject to these Website Terms and Conditions of Use (“Terms”),
which may be updated by us from time to time pursuant to Section
1 herein. By accessing and using the Websites, you (“you” or
“your”) accept and agree to be bound by these Terms, our Privacy
Policy, and other Policies as applicable. If you do not agree to
these Terms, you should not access or use the Websites. In
addition, when accessing the Websites you shall be subject to
any posted guidelines or rules applicable to the Websites, which
may be posted and modified from time to time. All such
guidelines or rules are hereby incorporated by reference into
these Terms.
These Terms do not apply to your access to and use of the
products and services that we market for subscription on our
Websites (our “Services”). The practices and policies, including
how we protect, collect, and use electronic data, text,
messages, communications or other materials submitted to and
stored within the Services by you are detailed in and governed
by our Terms of Service, or such other applicable agreement
between you and Ultra Digital relating to your access to and use
of such Services.
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Changes to Terms: These Terms, or any part
thereof, may be modified by us, including the addition or
removal of terms at any time, and such modifications,
additions or deletions will be effective immediately upon
posting. Your use of the Websites after such posting will be
deemed to constitute acceptance by you of such modifications,
additions, or deletions.
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Changes to Websites: We may change or
discontinue any aspect, service, or feature of the Websites at
any time, including, but not limited to, content,
availability, and equipment needed for access or use.
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Registration: You may be given the
opportunity to register via an online registration form and to
participate in Interactive Areas (as defined below), such as
forums and other community features, and to create a user
account with a username and password (or other means of
authentication) (“Credentials”) that may allow you to receive
information from us and/or to participate in certain features
on the Websites. We will use the information you provide in
accordance with the Privacy Notice. By registering you
represent and warrant that all information that you provide is
current, complete, and accurate to the best of your knowledge.
You agree to maintain and promptly update your website
information so that it remains current, complete, and
accurate. You are responsible for obtaining and maintaining
all connectivity, computer software, hardware, and other
equipment needed to access and use the Websites and all
charges related to the same. You will be responsible for the
confidentiality and use of your Credentials and agree not to
transfer or resell your use of or access to the Websites to
any third party. You agree to notify Ultra Digital immediately
of any unauthorized use of your Credentials or any other
security breach. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING
THE CONFIDENTIALITY OF YOUR CREDENTIALS AND FOR ANY AND ALL
ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT.
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User Content Guidelines: The following terms apply to
content submitted by you:
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The Websites may contain comment sections, discussion
forums, or other interactive features (“Interactive
Areas”) in which you may post or upload user-generated
content, comments, videos, photos, messages, and other
materials (collectively, “User Content”). You are solely
responsible for your use of any Interactive Areas and you
use them at your own risk. Interactive Areas are available
for individuals aged thirteen (13) years or older. By
submitting User Content to an Interactive Area, you
represent that you are thirteen (13) years of age or older
and, if you are under the age of eighteen (18) years, you
either are an emancipated minor or have obtained the legal
consent of your parent or legal guardian to enter into
these Terms, submit content, and participate on the
Websites.
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The Websites may contain comment sections, discussion
forums, or other interactive features (“Interactive
Areas”) in which you may post or upload user-generated
content, comments, videos, photos, messages, and other
materials (collectively, “User Content”). You are solely
responsible for your use of any Interactive Areas and you
use them at your own risk. Interactive Areas are available
for individuals aged thirteen (13) years or older. By
submitting User Content to an Interactive Area, you
represent that you are thirteen (13) years of age or older
and, if you are under the age of eighteen (18) years, you
either are an emancipated minor or have obtained the legal
consent of your parent or legal guardian to enter into
these Terms, submit content, and participate on the
Websites.
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You agree not to represent or suggest, directly or
indirectly, Ultra Digital’s endorsement of User Content.
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Any conduct that we, in our sole discretion, believe
restricts or inhibits anyone else from using or enjoying
the Websites will not be permitted. We reserve the right,
in our sole discretion, to remove or edit User Content
submitted by you.
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You acknowledge and agree that we are not responsible for
the accuracy or credibility of any User Content, and do
not take any responsibility or assume any liability for
any actions you may take as a result of reading User
Content posted on the Websites. Through your use of
Interactive Areas, you may be exposed to content that you
may find offensive, objectionable, harmful, inaccurate or
deceptive. There may also be risks of dealing with
underage persons, people acting.
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Intellectual Property Rights
You acknowledge that all text, graphics, photographs,
trademarks, logos, icons, user interfaces, sounds, music,
videos, artwork, software, and computer code (collectively,
“Content”), including but not limited to the “look and
feel”, layout, design, structure, color scheme, selection,
combination, and arrangement of the Content present on the
Websites, are owned by or licensed to us and are protected
by copyright, trademark, trade dress, and various other
intellectual property and unfair competition laws.
Except with our express prior written permission or as
permitted by applicable laws, you may not copy, distribute,
reproduce, mirror, frame, publicly display, publicly
perform, translate, create derivative works of, republish,
or transmit the Websites or Content (in whole or in part) in
any way or through any medium for distribution, publication,
or any commercial purpose.
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Disclaimer of Warranty; Limitation of Liability
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YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR
SOLE RISK. NEITHER Ultra Digital NOR ANY OF ITS EMPLOYEES,
AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE
PROVIDERS, OR LICENSORS WARRANT THAT USE OF THE WEBSITES
WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY,
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH THE WEBSITES.
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THE WEBSITES ARE PROVIDED ON AN “AS IS” 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 THESE TERMS.
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TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN
NO EVENT WILL Ultra Digital BE LIABLE TO YOU FOR ANY
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR
TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF
ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR
TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR
TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE
THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH
ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF
ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS
CLAIMED AND EVEN IF Ultra Digital HAD BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY
ACKNOWLEDGE THAT Ultra Digital IS NOT LIABLE FOR ANY
ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER
THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE
ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE
LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW.
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We disclaim any and all liability of any kind for any
unauthorized access to or use of your personally
identifiable information. By accessing the Websites, you
acknowledge and agree to our disclaimer of any such
liability. If you do not agree, you should not access or
use the Websites.
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Indemnification
You agree to defend, indemnify, and hold harmless Ultra
Digital, 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 Websites;
(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 caused damage to a third
party. This defense and indemnification obligation will
survive these Terms of Service and your use of the Websites.
Ultra Digital reserves the right to take over the exclusive
defense of any claim for which we are entitled to
indemnification under this section. In such event, you shall
provide Ultra Digital with such cooperation as is reasonably
requested by Ultra Digital.
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Termination Survival
We may terminate or suspend these Terms at any time without
notice to you. Without limiting the foregoing, we shall have
the right to immediately terminate your access to the
Websites in the event of any conduct by you which we, in our
sole discretion, consider to be unacceptable, or in the
event of any breach by you of these Terms. The rights and
obligations arising out of these Terms of Use, which by
their nature should survive or are expressly so stated
herein, shall remain in full force and effect to the extent
so specified, notwithstanding any expiry or termination of
these Terms of Use.
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Governing Law Venue
All disputes, claims, and controversies arising out of or in
connection with your access to, and/or use of the Websites,
and/or the provision of content, services, and/or technology
on or through the Websites shall be governed by and
construed exclusively in accordance with the laws of India
applicable to contracts made, entered into, and performed
entirely therein, without giving effect to its conflict of
laws provisions. If a lawsuit or court proceeding is
permitted under these Terms, then you and Ultra Digital
agree to submit to the personal and exclusive jurisdiction
of the courts located in New Delhi, India for the purpose of
litigating any dispute. YOU AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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Dispute Resolution and Arbitration
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Generally
In the interest of resolving disputes between you and
Ultra Digital in the most expedient and cost effective
manner, you and Ultra Digital agree that, unless
prohibited by law, every dispute arising in connection
with these Terms will be resolved by binding
arbitration. This agreement to arbitrate disputes
includes all claims arising out of or relating to any
aspect of these Terms, whether based on contract, tort,
statute, fraud, misrepresentation, or any other legal
theory, and regardless of whether a claim arises during
or after the termination of these Terms. YOU UNDERSTAND
AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND
Ultra Digital ARE EACH WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION.
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Arbitration Rules
Any arbitration between you and Ultra Digital will be
governed by the arbitration under the provisions of the
Indian Arbitration and Conciliation Act, 1996, and rules
thereto and will be held in New Delhi, India by a sole
arbitrator appointed in accordance with such rules and
will be held in the English language.
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Enforceability
If this Section is found to be unenforceable, the
parties agree that the exclusive jurisdiction and venue
described herein will govern any action arising out of
or related to these Terms.
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Copyrights and Copyright Agent
Ultra Digital and its Affiliates respect others’
intellectual property rights and expect users and customers
to do the same. We reserve the right to terminate access to
the Websites for users or customers who post material that
infringes the intellectual property rights of others.
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Virus Protection
We make every effort to check and test our Website/s during
production and day-to-day activities. However, we strongly
recommend that you run an up-to-date anti-virus program on
any file(s) downloaded from any website using the internet
and/or through any external drives. We do not guarantee that
the content(s) available on the internet is/are free from
viruses or other harmful components. We accept no liability
whatsoever for any damage to your system i.e. computer,
laptop, mobile, etc., and/or loss or corruption of data
resulting from the use of our Website/s, including but not
limited to any damage caused by viruses, malware, or other
harmful software(s)/component(s).
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Assignment
Ultra Digital may assign these Terms of Use and/or part
thereof at its sole discretion, at any time, to any of its
affiliates, group companies, holding companies, subsidiary
companies, or third parties without any notice to the
Client/Customer. However, the Client/Customer shall not
assign these Terms of Use or any part thereof to any party
without obtaining prior written consent from Ultra Digital.
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Miscellaneous
These Terms and any operating rules for the Websites
established by us 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 concerning such subject matter. The provisions
of these Terms are for the benefit of Ultra Digital and its
third-party content providers and licensors, and each shall
have the right to assert and enforce such provisions
directly or on its behalf. No waiver of any preceding or
subsequent breach or default hereunder shall be deemed as a
waiver of any other breach or default. If any part of these
Terms is found by a court of competent jurisdiction to be
invalid or unenforceable, it will be replaced with language
that closely reflects the original purpose in a valid and
enforceable manner. The remaining provisions of these Terms
will continue to be binding on the parties. The section
headings used herein are for convenience only and have no
legal significance.
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End Of Terms Of Service
If you have any questions or concerns regarding this
Agreement, please contact us at
info@UltraDigital.com. All communications or notices required or permitted to be
given to Ultra Digital under these Terms and Conditions of
Use must be in writing.
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