- By accessing and using this Website and/or use of the Services, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Website and discontinue use of the Services immediately.
- ALE reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Website at any time. ALE may also impose limits on certain features or restrict your access to parts or the entire Services or Website without notice or liability.
- ALE may from time to time vary or amend these Website Conditions by posting the amended Website Conditions on this Website. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account (as defined below).
- Any rights not expressly granted herein are reserved.
In this Agreement, the following definitions shall apply unless the context does not permit such application:
“Account” means a registered account of a Subscriber opened under this Website.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Website or the Services.
“Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“License” means the formal authority granted by the User to ALE for purposes specified in Clause 8.1.
“Linked Sites” is defined in Clause 14.1.
“Subscriber” means a registered member of the Website.
“Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
“Servers” means a computer software, systems and servers hosting, operating, managing, providing or contributing to the Website and the Services.
“Services” is defined in Clause 2.1.
“ALE Content” means all Content of ALE that is made available on or via this Website or a ALE website.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Website or websites linked from the Website.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“User” means persons and/or corporation using the Website.
“User Content” means all Content on this Website which is created, transmitted, posted or uploaded by a User of the Website.
“Website” means www.alifeextraordinaire.com.
The words “include” and “including” shall not be construed as having any limiting effect.
The headings in these Website Conditions do not have any legal effect nor shall they affect the construction of these Website Conditions in any way.
- Site and Services
2.1 ALE may offer one or more of the following services on the Website (each a “Service” and collectively the “Services”):
- an advertising and branding platform;
- message boards, forums, blogs, communication tools;
- subscription services and e-mail alerts; and
- any other features, content and applications that ALE may offer on or through the Website from time to time in its sole and absolute discretion.
3.1 Visitors to the Website acknowledge and agree that to access and use certain Services, you may be required to register as a by registering your identifying information on the Website. As a Subscriber, you will have access to Services reserved solely for Subscribers.
3.2 ALE shall have no responsibility or liability whatsoever for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Subscription Services.
3.3 You shall provide ALE with accurate, complete, and up-to-date information in all required fields contained in the subscription form. Failure to do so shall constitute a breach of these Website Conditions, which may result in the restriction, suspension or immediate termination of your subscription by ALE at its sole and absolute discretion.
- Conduct Use Conditions
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- any Service;
- the Website;
- any ALE Content except, to the extent permitted, with the prior written consent of ALE or unless expressly permitted in these Website Conditions; or
- any Third Party User Content except, to the extent permitted, with the prior written consent of ALE and the owner or licensee of the specific User Content.
4.3 Each time you submit Content to this Website, you have the right to submit the Content to this Website and that:
- you are the author of the Content; or
- the Content is not protected by copyright law; or
- you have the express permission from the copyright owner to post the Content on this Website; and
- you have the right to grant ALE the license set out in these Website Conditions; and
- the Content you submit does not violate these Website Conditions.
4.5 Without prejudice to the generality of the above, you agree not to reproduce, display or otherwise provide access to the Services, ALE Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of ALE.
- You may for your personal, non-commercial use:
- retrieve and display ALE Content on any compatible device owned by you;
- print a single copy of ALE Content on paper (but not photocopy them); and
- store such ALE Content in electronic form on a disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
4.7 You may not decompile, reverse engineer or otherwise attempt to discover the source code of any ALE Content available on the Website or through a Service under the specific circumstances expressly permitted by law or ALE in writing.
4.8 You undertake to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by ALE from time to time (which are hereby incorporated by reference into these Website Conditions).
4.9 You undertake not to use any Service or ALE Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law.
4.10 You undertake not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Service or Servers, which shall include but not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
4.11 You undertake not use the Account of another Member at any time, whether with our without his/her prior permission.
- Rules for Online Conduct
- You agree not to submit any Content that:
- contains vulgar, profane, abusive, hateful, sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- unfairly interferes with any third party’s uninterrupted use and enjoyment of the Services;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- harms or is inappropriate for minors to view;
- links to any commercial website; and
- is not otherwise in compliance with these Website Conditions.
- User License Grant to ALE
6.1 You grant ALE, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Content you provide to ALE in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize ALE to include the Content you provide in a searchable format that may be accessed by Users of the Services and other websites. You also grant ALE and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Content. You also grant ALE the right to use the Content and any facts, ideas, concepts, know-how or techniques contained in any Content or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this Clause 6.1 in consideration of your use of the Services without the need for additional compensation of any sort to you. This License will continue perpetually unless and until you remove your Content from the Website, at which time the License granted here will automatically expire.
- Cancellation, Termination and Suspension of Subscription(s) and/or Service(s)
7.1 ALE shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary terminate, withdraw or suspend the operation of the whole or any part or feature of the Website, Services, your Subscription and/or your access to all or any part of the Website or Services, for reasons including but not limited to:
- breaches and/or violations of the Website Conditions and/or relevant agreements;
- to comply with the law or with legal process (such as pursuant to court order, sub poena, or a request by law enforcement officials);
- upon your request;
- engagement in fraudulent or illegal activities; and
7.2 You agree that access to or operation of the Website, Servers and/or Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors.
7.3 ALE shall not be liable in any whatsoever for any loss, liability or damage which may be incurred as a result of the above.
- Intellectual Property
8.1 All ALE Content is copyrighted work of ALE or its content or software providers, and ALE reserves and retains all rights in ALE Content.
8.2 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Website, and all ALE Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with ALE.
8.3 The trademarks, logos and service marks (collectively, the “Intellectual Property”) displayed on this Website are the property of ALE or other third parties, and all rights to the Intellectual Property are expressly reserved by ALE or relevant third parties. You are not permitted to use any Intellectual Property without the prior written consent of ALE or such third party. ALE and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of ALE or any other Intellectual Property may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of ALE.
8.4 The domain name on which the Website is hosted on is the sole property of the Website and you may not use or otherwise adopt a similar name for your own use.
8.5 Any comment, feedback, idea or suggestion (collectively, the “Comments”) which you provide to us through this Website becomes our property. If, in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
8.6 If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Notification of Infringement
9.1 ALE reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of ALE Content, User Content and other material on the Website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Website, please notify ALE in writing immediately.
9.2 All Infringement Notices shall be sent to ALE via the Contact Form.
9.3 ALE will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against ALE in respect of any Infringing Material, unless you have first given ALE the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter ALE refuses or fails to remove the Infringing Material within a reasonable time. Where ALE removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive any right of action against ALE under applicable law which you may have in respect of any Infringing Material appearing on the Website prior to such removal by ALE.
9.4 You acknowledge and agree that ALE has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
10.1 You agree to indemnify and hold ALE, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- any use of the Website or any Service;
- your connection to the Website;
- your breach of any terms and conditions of these Website Conditions;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
- Disclaimers and Limitations
11.1 While we make every effort to ensure that all ALE Content is accurate and complete, we provide the ALE Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ALE disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, ALE does not warrant that the functions contained in or access to the Website, Services, ALE Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Website, Services, ALE Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any ALE Content in or with any Computer will not affect the functionability or performance of the Computer. ALE does not warrant or make any representations whatsoever regarding the use or results of the use of the ALE Content, the Services, the Website or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not ALE) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold ALE liable for any loss of any of your Content that is due to any circumstances beyond the control of ALE.
11.2 The data and information made available on the Website are of general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional and expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Save as expressly provided in the Website Conditions or on the Website, ALE does not sponsor, endorse or promote any products, services or information.
11.3 You acknowledge that it is not ALE’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Website by other Users of the Services and that ALE does not endorse and shall not be responsible for any such Content.
11.4 You acknowledge and agree that ALE does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and ALE hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Website or on Linked Sites.
11.5 You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other Users and from advertisers and other third parties on this Website should be used, accepted and relied upon only with care and discretion and at your own risk, and ALE shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
11.6 You also acknowledge and agree that some Services may enable other users to upload Content to the Website, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any Content, and you agree to exercise access and use Content only at your own risk and with care and discretion.
11.7 Under no circumstances, including, but not limited to, negligence, shall ALE be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the ALE Content, Services, Website, or any other website, even if ALE or a ALE authorized representative has been advised of, or should have foreseen, the possibility of such damages.
11.8 To the maximum extent permitted by applicable law, ALE disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
11.9 You agree that the above exclusions and limitations of liability enable the Services and the ALE Content to be provided by ALE at either reasonable costs or no costs to you.
11.10 ALE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the whole or any part of the Website with or without notice and shall not be liable to you or to any third party for any such modification or discontinuance.
- Linked Sites
12.1 ALE may provide links to other sites (“Linked Sites“) that may be of relevance and interest to users. ALE has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
12.2 Any link on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide
12.3 You may link our Website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
- Data Use and Privacy
- Jurisdictional Issues
14.1 This Website is owned and operated in the Republic of India. ALE makes no representation that the Contents of the Website are appropriate or available for use in your location. Those who choose to access this Website from any location do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15.1 If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.
- Relationship of Parties
16.1 Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between ALE and you and neither party shall have any authority to bind the other in any way.
17.1 No waiver of any rights or remedies by ALE shall be effective unless made in writing and signed by an authorised representative of ALE.
17.2 A failure by ALE to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- Rights of Third Parties
18.1 A person or entity who is not a party to this Agreement shall have no right to enforce any term of these Website Conditions , regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
- Force Majeure
19.1 No party shall be liable for any failure to perform its obligations under these Website Conditions if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
19.2 For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Website Conditions. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
- Governing Law and Jurisdiction
21.1 In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with the LCIA India Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.
- Entire Agreement
21.1 These Website Conditions constitute the final, complete, and exclusive statement of the agreement of you and ALE with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between you and ALE.
22.1 If any portion of these Website Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Website Conditions shall continue to be enforceable and valid according to terms contained herein.
23.1 All notices required by these Website Conditions shall be lodged using the Contact Form found on the Website.