Terms of Use for Climaxahh.com
Last Updated: 15th August 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE WWW.CLIMAXAHH.COM (“WEBSITE”). THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, CONSTITUTE A BINDING CONTRACT BETWEEN US AND YOU (“YOU” OR “USER”). THESE TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “TERMS OF USE”) AS WELL AS THE PRIVACY POLICY AND ALL OTHER APPLICABLE LAWS AND REGULATIONS GOVERN YOUR ACCESS, AND USE OF THE WEBISTE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THIS WEBSITE.
This document is an electronic record under the terms of the Information Technology Act, 2000, and is deemed electronically executed on opening, accessing, or using our Website and is legally binding and does not require any physical or digital signatures.
ABOUT THE WEBSITE
The Website provides users with a diverse range of information, articles, reviews, and other media content (collectively referred to as “Content”) related to Indian cinema. Users agree to access this content solely for their personal and non-commercial use.
ACCESS TO THE WEBSITE
We shall take all necessary and reasonable steps to ensure the uninterrupted availability of the Website at all times. However, we do not guarantee the uninterrupted availability of the Website at all times. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, updates or for the introduction of new facilities or services at any time without prior notice.
We hereby grant You a limited license to access and make personal use of the Website and in accordance with these Terms of Use or our polices as introduced or modified or amended from time to time.
USER ACCOUNT
You may be required to register with the Website as a User by filling out the registration form while accessing or using the Website. You may access the Website as a visitor without registering with the Website, however, this may prevent You from availing certain Content offered by Us. During Registration or while accessing the Website You may be required to furnish certain information and details, including Your name, e-mail id, contact number, and any other information that is deemed necessary by us (“Account Information”).
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device to prevent unauthorized access to your account or password.
You expressly agree and acknowledge that the Account Information provided by You is accurate and true. You hereby agree and understand that we reserve the right to refuse access to the Website, terminate your account, remove or edit any content posted by You without any notice to You.
PRIVACY POLICY
Please read our Privacy Policy, which is incorporated into these Terms of Use and governs your use and access to the Website. The information and/or data provided to or collected by Us during the course of your usage of the Website will be treated in a confidential manner and in accordance with our Privacy Policy as well as the applicable laws and regulations. You may find our Privacy Policy at https://www.climaxahh.com/privacy-policy/
CONTENT/ACTIVITY PROHIBITED
Use of our Website in any way or any action that causes, or may damage the Website or causes impairment of the performance, availability, or accessibility of the Website;
Use of our Website in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
Access or otherwise interact with our Website using any robot, spider, or any other automated means, monitor, cache, frame, mask, extract data from the Website or copy the Contents; and
Use data collected from the Website for any purpose not permitted under this Terms of Use, including but not limited to any marketing activities.
INTELLECTUAL PROPERTY RIGHTS
All right, title and interest including all intellectual property rights in the Website and its Content, including without limitation, texts, logos, designs, images, formats, documents, video, links, graphics and all other materials published on this Website (hereinafter collectively referred to as “Contents”) are the sole and exclusive property of Climaxahh.
You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the Website or its contents or any parts thereof in any manner, without our prior written permission.
THIRD PARTY LINKS
This Website contains links to other websites. You understand that these linked sites are not under the control of Climaxahh and Climaxahh is not responsible for the content of such linked sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Climaxahh of such parties or any association with such sites or its operators.
NO WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CLIMAXAHH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL CLIMAXAHH OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT.
MODIFICATIONS
We reserve the right to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on your use of the Website, at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Additional Terms”) will be posted on the Website and will be effective immediately. You hereby agree to be bound by all such Additional Terms and your continued use of the Website shall be deemed to be the acceptance of such Additional Terms. All updated terms can be viewed on this page.
INDEMNITY
You hereby agree to indemnify and hold harmless Climaxahhh and its employees, affiliates, associates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses, including reasonable attorney’s fees, arising directly or indirectly from your breach of these Terms of Use or any applicable laws or regulations while using the Website.
LAW, JURISDICTION AND ARBITRATION
This Terms of Use shall be governed, interpreted and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts in Bangalore, India.
Any and all disputes under this Agreement shall be referred to a sole Arbitrator, who shall be mutually appointed by the parties. However, if the parties are unable to mutually appoint an Arbitrator, such arbitrator shall be appointed by the court in Bangalore having appropriate jurisdiction as per the Arbitration and Conciliation Act, 1996 as amended from time to time (“Arbitration Act”). The venue of the arbitration shall be Bangalore. The proceedings of the arbitration shall be in English. The parties hereby agree that the Arbitrator’s award shall be final and binding on the parties. All costs of such arbitration shall be borne equally between the parties.
COMMUNICATIONS AND SUPPORT
If you have any questions, complaints or claims, with respect to the Website or the content, then such correspondence should be directed to the email address as given below: contact@climaxahh.com
NO WAIVER
Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested with us, under or pursuant to this Agreement, shall constitute a waiver by us of that or any other right, power, or remedy.
SEVERABILITY
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be deemed to be severed from these Terms of Use.
The Terms of Use and the Privacy Policy constitute the entire agreement between the User(s) and Climaxahh with respect to access to and use of the Website, superseding any prior written or oral agreements in relation to the same subject matter herein.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND UNCONDITIONALLY ACCEPT TO BE BOUND BY THE SAME.
