You are here
Home > Terms And Conditions (Terms Of Use)

Last updated: May 14, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.tellmenothing.com website (the”Service”) operated by Next Move Digital LLP (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. This Terms & Conditions agreement is licensed by [TermsFeed](https://termsfeed.com) to Next Move Digital LLP.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites And Third Party Content

Our Service may contain links to third-party web sites or services or content that are not owned or controlled by Tell Me Nothing.

Tell Me Nothing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tell Me Nothing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Maharashtra, India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

User Content

Some features of the Services may allow you to create, submit, post, embed or display the Content on or through the Services (“User Content”). You retain your rights in such User Content, and by submitting or posting User Content, you irrevocably grant us a irrevocable, fully-paid, royalty-free, sub-licensable, transferable license to use, display, copy, reproduce, process, modify, delete from, add to, prepare derivative works of, publish and distribute any User Content and all intellectual property rights associated therewith, throughout the world in any media formats and any media channel now known of hereinafter devised for any promotional or commercial purposes, either by us or third parties who partner with us for syndication, broadcast, distribution or publication of our Content, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit. In the event we decide to give you credit, at our sole discretion, you further grant us the right to use your name and likeness under the license contain in this paragraph in association with your User Content and the promotion and advertising thereof.

You also waive any right to inspect or approve any final product. We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners.

You understand that your User Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your User Content by us in accordance with these Terms. We do not guarantee any confidentiality with respect to any User Content you submit.

By submitting or posting the User Content, you represent and warrant that you have full and unrestricted rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent and warrant that the posting of your User Content or usage of such User Content in accordance with the terms hereof does not violate any right of any party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property rights.

You further agree that Content you submit to the Services will not contain material that is subject to any third party intellectual property rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us the license and usage rights granted in this Agreement. By submitting or posting the User Content, you agree that your submission of the User Content does not in any way implicate you as our employee, agent or partner.

By submitting or posting the User Content, you further forever release and discharge us, its affiliates, advertising agency, successors, assigns and their respective officers, employees, agents from any and all claims, actions and demands arising out of, or in connection with, the use of your User Contents, your name and biographical data, including, without limitation, any and all claims for invasion of privacy and libel.

This release shall inure to the benefit of our assigns, licensees and legal representatives. We will make reasonable efforts to preserve the User Content provided by you; however, we are in no event responsible or liable for failure to do so and you are solely responsible for creating and maintaining backup of your User Content.

Reporting Intellectual Copyright Infringement

If you believe that your copyright work has been copied and posted in the Service or Services in a way that constitutes copyright infringement, please provide us with the following information:

(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(ii) identification of the copyrighted work claimed to have been infringed;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) your contact information, including your address, telephone number, and an email address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, by sending email to [email protected]

We will take appropriate action as mandated under applicable laws, including the Information Technology Act, 2000 (including the Rules framed thereunder). We will remove the Content upon receipt of a infringement claim if we believe in good faith that it is likely that the subject Content is infringing intellectual property right of any third party.

Disclaimer regarding content

Our Service and Services may include Content, including User Content, which may be offensive, harmful, objectionable, indecent, unlawful, inaccurate or inappropriate. We do not endorse any Content, and the same does not reflect our opinions or policies.

We may, but are not required to, monitor Content, restrict or remove Content, and suspend or delete a user account that we determine at our sole discretion is inappropriate or for any other reason. Under no circumstances do we assume any responsibility or liability whatsoever for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service and Services, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Content.

Any use or reliance on any Content by you through the Service and Services is at your own risk.

Disclaimer of warranties

You expressly agree that use of and access to the Services or any Content is at your sole risk. The Services and Services are provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding the Service and Services. Content offered through the Service and Services or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, or any warranties arising by course of dealing or custom of trade. We make no representation or warranty and disclaim all responsibility and liability for:

(i) the completeness, accuracy, availability, timeliness, security or reliability of the Service and Services or any Content;

(ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service and Services or any Content;

(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service and Services;

(iv) whether the Service and Services will meet your requirements or be available on an uninterrupted, secure, error-free, virus-free, or otherwise secure basis.

Limitation of liability

To the maximum extent permitted by applicable law, neither we, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this Agreement or your use of the Service and Services or any Content, regardless of the form of action or the basis of the claim or whether or not we have been advised of the possibility of such damages.

Indemnity

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon

(a) your breach of, or failure to comply with, the terms and conditions of this Agreement and/or

(b) your use of the Service and Services. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise.

No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]

Top