Terms and Conditions Governing Limited access to Kumudum.com

DEAR USER:

1. a. Kindly read Terms and conditions of use before using our services which are binding on both the user as well as Kumudum.com Your use of the site shall be deemed to be your understanding of and in agreement to each of the terms and conditions set forth below. By agreeing for these terms, the user is entering in to a user agreement with the kumudam.com the clauses of which are furnished herein under. Your use of the site shall be construed as the irrevocable acceptance of the terms and conditions setforth hereunder.

b. By logging on to our site, Members agree that their profile(s) may be crawled and indexed by search engines. Kindly note that kumudam.com and that their network do not have any control over the search engines’ behavior and they are governed by the normal search engine access conditions available on many internet sites. Please review our Privacy Notice, by clicking this link to understand our practices which also governs your visit to kumudam.com.

c. Kindly note that when you visit kumudam.com or send e-mails to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2. We are offering the following services to you on payment basis:

a. Web site payment gateway
b. Downloading specified Webtv video clips
c. Kumudam Magazines
d. Kumudam Publications

If you are desirous of availing of any of our paid services, kindly click the above appropriate links.

3. On clicking the desired link, you will be automatically directed to the payment portal which will ask for your bank details/credit card details. Of filling up the requisite columns, you will be asked to confirm payment. Kindly note that once you click “confirm payment “your debit card/credit card will automatically be debited for the amount you record your consent. This is irreversible and repayment cannot be made under any circumstances. Hence be doubly sure before clicking the finally payment option.

4. Kindly note that the access is personal to you and you are not supposed to share the log in details with anyone else. You may also kindly note that the Login ID and Password assigned to you based on specific IP Address and You will be able to access the site only through the specific IP address. Further assessable services are available only outside India.

5. Also please note that all the contents are covered under the Copy Right laws of India and other countries and you have only limited permission to use the contents for your personal viewing. Public display/Commercial exploitation of the downloaded contents are strictly against Copy Right Laws.

Terms and Conditions Governing the user of Kumudam.Com and the User Agreement between the user and Kumudam.com

General Terms and Conditions:

1. www.kumudam.com. (the site) is an online infotainment service. The site is designed, updated and maintained by Noble Broadcasting Corporation Private Limited having Registered office at No.306, Purasawalkam High Road, Chennai – 600 010,Tamilnadu, India (for brevity herein afterwards called as KUMUDAM.COM) and the name, design, model trademarks and logos appearing on this site are exclusive property of Noble Broadcasting Corporation Private Limited and copy, and reproduction in any form and/or unauthorized access to any data forming part of the site will amount to infringement of copyright laws and international treaty provisions.

2. Information provided on this site is on "as is" basis and/or as collected from various sources, which can be shared with users on request according to the specific package which the user has subscribed to.

3. While utmost care is taken to provide correct and up to date information, KUMUDAM.COM does not give any warranty, whether express or implied, KUMUDAM.COM affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether expressed or implied, for the service it is providing or as to the results that may be obtained from use of the service; or the accuracy, reliability or content of any information, service, completeness and timely availability of the information provided on the site and accepts no responsibility or liability for any error or omission in any information provided on the site.

4. KUMUDAM.COM. will in no event be liable for any direct, incidental, consequential or indirect damages including damages for loss of profits, loss of business and/or business interruption, arising out of the use of or inability to use and/or for any delay in the service provided by KUMUDAM.COM.

5. KUMUDAM.COM reserves the rights to modify, add, delete, alter and/or change the contents and classification and presentation of the information at any time as it may in its absolute discretion find to be expedient and without giving any notice. It is the user's responsibility to refer to the terms and/or any change or addition to the same while accessing the site.

6. KUMUDAM.COM offers no warranty that the contents of the site are free from viruses or any other infection, which has contaminating or destructive properties.

7. The site provides at many places links to other websites hosted on servers maintained by third parties over which the site has no control. KUMUDAM.COM neither endorses nor offers any judgment or warranty and accepts no responsibility or liability as to the contents of such websites and shall in no way be liable for any damage/loss, direct or consequential or any violation of local or international laws arising to users seeking access or using the said websites. KUMUDAM.COM gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. KUMUDAM.COM shall not be responsible nor liable for any consequential damages arising on account of user relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

8. Provision is made to enlist users to the site and all such users are bound by the general terms & conditions mentioned hereinbefore and by the subscription agreement set forth hereinafter and special terms contracted therein.

9. KUMUDAM.COM accepts advertising material sent by third parties for display on the site. Advertisers are responsible for ensuring that the material submitted by them complies with national and international law. KUMUDAM.COM at its absolute discretion reserves the right to change, suspend or omit any advertisement.

10. KUMUDAM.COM will not be responsible for any damage suffered by users from use of the services on this site. This disclaimer of liability also applies 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, tortuous behavior, negligence, or under any other cause of action.

User Agreement

This subscription agreement made between KUMUDAM.COM and the user (individual) to the site, hereinafter referred to as the user (which expression shall unless otherwise excluded by or repugnant to the context shall be deemed to include the agents, the employees and/or the management of such user).

1. Neither KUMUDAM.COM nor anyone else involved in creating, producing or delivering www.kumudam.com.com shall be liable for any direct, indirect, special or consequential damage (including, without limitation, damages for loss of business, damage to your computer system or damages for loss of profits, damages for loss of use, profits arising out of or in any way connected with the use or performance of the site, with the delay arising out of or related to the use or inability to use the services provided by KUMUDAM.COM, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site

2. The kumudam.com service, content, software and documentation are provided on an "as is" basis, without any warranties of any kind, including, but not limited to any implied warranties of merchantability or fitness for any particular purpose. The user undertakes the entire responsibility for the selection and use of the subscription service and neither KUMUDAM.COM nor any of its information providers, licensers, employees or agents shall have any liability for any errors, malfunctions, defects, loss of data, resulting from the use or inability to use the subscription service. In no event shall the liability of KUMUDAM.COM hereunder, if any, exceed the subscription price paid by the user.

3. The user acknowledges KUMUDAM.COM's representation that Copyright Laws and International Treaty provisions protect the site's service and content.

4. Therefore, the user shall not disclose or make available the service, the content, software or any portion thereof to any third parties without prior written permission from KUMUDAM.COM. By using the site the user acknowledges that he/she has read and understood the terms and conditions set out in the agreement hereinabove and agrees to abide by such terms and conditions.

Acceptance of Terms & Conditions

1. The use of KUMUDAM.COM’s subscription service is subject to the terms and conditions mentioned hereunder. By clicking on the Terms & Conditions button, the user agrees to use the service with these terms and conditions under all applicable laws and regulations.

2. The subscription service is for the period specified by the user at the time of booking the order. For and thereafter, in case, there is no renewal after NOT paying the appropriate and required renewal fees, KUMUDAM.COM’s subscription service will not be available to the user. KUMUDAM.COM will intimate the user on the renewal of the service that is due but it is not mandatorily required or the responsibility of KUMUDAM.COM to give the user such intimations in advance. It is confirmed that the responsibility of renewing the service will lie with the user.

3. Upon placing the order, the user hereby authorizes kumudam.com to charge the user’s credit card/debit card account in advance (if the user has chosen credit card/debit card as the mode of payment), for the full price of the service for the period as per the order. While KUMUDAM.COM will make every effort to provide the user the service upon realization of payment, it is understood and agreed by the user that due to technical or any other reasons, it may not be possible for KUMUDAM.COM to provide the user with the service even after receipt of the payment. KUMUDAM.COM will not be liable for any loss or damage arising out of such a delay.

4. The user acknowledges and agrees that KUMUDAM.COM will commence the service only after realization of payment.

5. Even after commencement of the services, KUMUDAM.COM reserves the right in its sole discretion, to refuse service, restrict, suspend or terminate the services if there is any default in payment. A payment "default" means that the credit card/debit card company denies the charge to the user’s credit card /debit card account or that the cheque or demand draft sent is not honoured by the issuing bank. Upon such termination or suspension, the user’s right to use KUMUDAM.COM’s website will immediately cease.

6. The user may not disclose information about users of KUMUDAM.COM for the purpose of sending or to facilitate the sending of unsolicited bulk communications. KUMUDAM.COM may terminate the user’s access or use of the site immediately, with or without any notice, and take any other legal action if the user, or anyone using access details to the site, violates these terms.

7. The user agrees and confirms that KUMUDAM.COM may, at its sole discretion, change the fee structure at any time without prior intimation.

8. The violation of the terms & conditions will result in cancellation of services and no refund will be made to the user.

9. Once the payment has been realized, no refund / cancellation will be made. Further non-usage of the service does not entitle the user for a refund of any portion of the payment made for this service.

10. The user represents and warrants that the content provided to KUMUDAM.COM:

a. does not infringe on intellectual property or proprietary rights or rights of publicity or privacy of KUMUDAM.COM or of any third party;
b. does not violate any law, statute, ordinance or regulation;
c. is not defamatory, trade libelous, pornographic or obscene; or
d. does not contain viruses or other similar harmful or deleterious programming routines.

Violation of the above provisions will attract penalty damages and special damages including termination of the user’s rights to use the service and any other remedies available to KUMUDAM.COM by law.

11. KUMUDAM.COM may edit, or disclose the contents of the information provided by the user to KUMUDAM.COM for the purposes of the following:

a. as required by law;
b. to comply with legal process;
c. if necessary to enforce the site's terms and conditions;
d. to respond to claims that such contents violate the rights of third parties;
e. to protect the rights or property of KUMUDAM.COM or others; and
f. to identify or resolve technical problems or respond to complaints about the service.

12. The user acknowledges the right to use the service personally. Each registration is for a single individual user only. The user is entirely responsible for maintaining the confidentiality of the password and account. The user shall be fully liable for all use of the account, including any unauthorized use of the account by any third-party. If KUMUDAM.COM reasonably believes that an account and password is being used / misused in any manner, KUMUDAM.COM reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. No refund will be payable to the user.

13. In consideration for using KUMUDAM.COM’s subscription service, the user agrees to provide KUMUDAM.COM current, complete, accurate, authentic and true registration information as prompted to do so by the site and to maintain and update this information as required keeping it current, complete and accurate. KUMUDAM.COM reserves the right to confirm and validate the information and other details provided by the user at any point of time. If upon confirmation such user details are found to be untrue (wholly or partly), KUMUDAM.COM has the right in its sole discretion to reject the registration and debar the user from using the services of the site and/or other affiliated websites, without prior intimation to the users, whatsoever and also take appropriate action in accordance to the Laws of India.

14. All the contents of this service are only for general infotainment. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the service is/are the personal opinion of such experts /consultants / persons and are not subscribed to by this service.

15.The information from or through this service is provided on "as is basis”, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.

16. As a condition of the use of the services, the user will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The user may not use the services in any manner that could damage, disable, overburden, or impair any KUMUDAM.COM’s server, or the network(s) connected to any KUMUDAM.COM server, or interfere with any other party's use and enjoyment of any services. The user may not attempt to gain unauthorized access to any services, other accounts, computer systems or to any of the services, through hacking, password mining or any other means. The user may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services.

17. KUMUDAM.COM and their heirs, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; and the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements. The user agrees that KUMUDAM.COM’s subscription service has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content/data maintained or transmitted by any kumudam.com service. The user acknowledges and agrees that no compensation shall be payable whatsoever with respect to the aforesaid by the site kumudam.com.com service makes no warranty that the service will be uninterrupted, timely, secure or error-free or any errors in the site will be corrected. Certain links on the service lead to resources located on servers maintained by a third party over whom KUMUDAM.COM has no control or connection, business or otherwise. These services are external to the site and by visiting these, the user is outside the site's web service and its channels. KUMUDAM.COM neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of any of the goods or services or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by the user visiting and transacting on these services.
18. The user agrees that any cause of action arising out of, or related to the KUMUDAM.COM’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

19. The user agrees to indemnify and hold harmless KUMUDAM.COM, its heirs, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content the user submits, posts, transmits or as a result of any transaction done on or through this site. The user agrees that the obligations to indemnify under "Indemnity" in the site's terms & conditions any claim or demand associated with the subscription service.

20. Rights and obligations under the terms and conditions which by their nature should survive will remain in full effect after termination or expiration of the terms.

21. The agreement shall be governed by the Laws of India. The courts of law at Chennai, India shall have exclusive jurisdiction over any disputes arising under this agreement. By entering into this agreement and execution of this agreement, the User agrees and accepts to waive all his right if any in respect of territorial jurisdiction and the Courts at Chennai, India and the existing Laws of city of Chennai, India shall alone prevail in dissolving any dispute between the parties.

22. These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

23. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between the user and kumudam.com and the user shall have no authority to bind kumudam.com in any manner, whatsoever.

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