Terms & Conditions
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
Assent and Acceptance
By using the Website, You warrant that You have read and reviewed these Terms of Service and that you agree to be bound by it. If You do not agree to be bound by these terms of Service, Please leave the Website immediately. The Owner only agrees to provide use of this website and Service to You assent to these Terms of service. Further, based on the services obtained by a user, additional terms and conditions in respect of the specific services may apply, which shall be deemed an agreement between the Users and Owner.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least thirteen (13) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Company finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this Agreement.
In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to the Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Companies Content”), are owned by or licensed to Earth5R in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Companies Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this Agreement.
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes encourages or engages in child pornography or the exploitation of children;
- Promotes encourages or engages in terrorism, violence against people, animals, or property;
- Promotes encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
- modify or alter any part of this Site or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
You agree not to use the website or the services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or services in a way that could damage the website, services or general business of the owner.
- you further agree not to use the website or services:
- to harass, abuse, or threaten others or otherwise violate any persons legal rights;
- to violate any intellectual property rights of the owner or any 3rd party;
- to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- to perpetrate any fraud;
- to engage in or create any unlawful gambling, sweeps gates or pyramid schemes;
- to publish or distribute any obscene or defamatory material;
- to publish or distribute any material that incites violence, hate or discrimination towards any group;
- to unlawfully gather information about others.
You are prohibited from using the site or its content: (a)for any unlawful purpose; to solicit other to perform or participate in any unlawful acts; (b) to infringe on any 3rd parties intellectual property or proprietary rights, or rights of publicity or privacy whether knowingly or unknowingly; (c)to violate any local, federal or international law, statue, ordinance or regulation; to harass, abuse, insert, harm, defame, slander, disparage, intimidate, or discriminate based on gender ,sexual orientation, religion, ethnicities, race, age, national origin, or disability; (d)To submit false or misleading information or any content which is definitely common libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd or pornographic or exploits minors in anyway or assists in human trafficking or content that would violate rights of publicity and/ or privacy or that would violate any law; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality of operation of the service or of any related website, other websites, or the Internet;(f) to collect or track the personal information of others; to damage, disable, overburden, or empire the website or any other parties use of the website; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purples; (h) Or to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet; (i) to personally threaten or has the effect of personally threatening other users.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses. The company has the full authority to review all content posted by users on the website. You acknowledge that the website is not responsible or liable and does not control the content of any information that may be posted to the website by you, or other users of the website and you are solely responsible for the same. You agree that you shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of any other party)
You agree to comply with all the applicable rules laws, statutes and regulations concerning your use of the website and further agree that you will not transmit any information data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another privacy, harassing, defamatory, vulgar, obscene, unlawful, false, leading, harmful, threatening, helpful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provisional, call national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no ablation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these terms of service.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any law in your jurisdiction (including but not limited to copyright laws).
You understand that each time you use the website in any manner, you agree to these terms. By agreeing to these terms, you acknowledge that you are interested in availing and purchasing the services that you have selected and consent to receive communications via phone or electronic records from the website including email messages telling you about products and services offered by the website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the website. You agree that the communications sent to you by the website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
The Owner, through the website and services, may engage in affiliate marketing whereby the owner receives a commission on or percentage of the sale of goods or services on or through the website. The owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
The Owner does not accept responsibility for the security of your account or content. You agree that Your use of the Website or Services is at your own risk.
You are strictly prohibited from using the Website or any of the Owner’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Third-party links and content
This Site may contain links to third-party websites that are not owned or controlled by the Company. The company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, the Company does not censor or edit the content of any third-party websites. By using this Site you expressly release the Company from any liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Modification and variation
The owner may, from time to time and at any time without notice to you, modify these terms of service. You agree that the owner has the right to modify these terms of service or revise anything contained herein. You further agree that all modifications to these terms of service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these terms of service.
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all the prior or contemporaneous agreements or understanding, written or oral, regarding the use of this website.
The Owner may need to interrupt Your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW utilizing AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.