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Welcome to Virtualmela.com, the No.1
Matrimonial Services Provider. In order to use the Virtualmela.com Site ("Site"),
you must register as a member of the Site ("Member"). The Member or any users
using the Site agree to be bound by these Terms of Use ("Agreement"). If you
wish to become a Member and communicate with other Members and make use of the
Virtualmela.com service ("Service"), read these Terms of Use and follow the
instructions in the Registration process.
This Agreement sets out the legally binding terms for your membership. This
Agreement may be modified by Virtualmela.com from time to time.
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Eligibility.
To register as a member of Virtualmela.com or use this Site, you must be of legal
marriageable age as per the laws of India (currently, 18 years or over for
females and 21 years or over for males). The Virtualmela.com Site is only to
facilitate lawful marriages between persons who are legally competent to enter
into matrimony under the laws to which they are subject. Membership in the
Service is void where prohibited. By using this Site, you represent and warrant
that you have the right, authority, and legal capacity to enter into this
Agreement and that you are not prohibited or prevented by any applicable law
for the time being in force or any order or decree or injunction from any
court, tribunal or any such competent authority restraining you from entering
into matrimony. You also agree to abide by all of the terms and conditions of
this Agreement. If at any time Virtualmela.com is of the opinion (in its sole
discretion) or has any reason to believe that you are not eligible to become a
member or that you have made any misrepresentation about your eligibility,
Virtualmela.com reserves the right to forthwith terminate your membership and /
or your right to use the Service without any refund to you of any of your
unutilized subscription fee.
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Term. You
may terminate your membership at any time, for any reason by writing to
Virtualmela.com. In the event you
terminate your membership, you will not be entitled to a refund of any
unutilized subscription fees. Virtualmela.com may terminate your access to the
Site and/or your membership for any reason effective upon sending notice to you
at the email address you provide in your application for membership or such
other email address as you may later provide to Virtualmela.com. If Virtualmela.com
terminates your membership in the Virtualmela.com Service because you have
breached the Agreement, you will not be entitled to any refund of any unused
Subscription fees. Even after this Agreement is terminated, certain provisions
will remain in effect including sections 4,5,7,9 -14, inclusive, of this
Agreement.
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Non-Commercial Use by Members.
The Virtualmela.com Site is for the personal use of individual members only, and
cannot be used in connection with any commercial endeavors. This includes
providing links to other web sites, whether deemed competitive to Virtualmela.com
or otherwise. Organizations, companies, and/or businesses cannot become Members
of Virtualmela.com and should not use the Virtualmela.com Service or Site for any
purpose. Illegal and/or unauthorized uses of the Site, including unauthorized
framing of or linking to the Site will be investigated, and appropriate legal
action will be taken, including without limitation, civil, criminal, and
injunctive redress.
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Other Terms of Use by Members.
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Multiple profiles of the same person are not allowed
on Virtualmela.com. Virtualmela.com reserves the right to deactivate all multiple
profiles without any refund of subscription fees.
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You cannot engage in advertising to, or solicitation
of, other Members to buy or sell any products or services through the Service.
You will not transmit any chain letters or junk email to other Virtualmela.com
Members. Although Virtualmela.com cannot monitor the conduct of its Members off
the Virtualmela.com Site, it is also a violation of these rules to use any
information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect Virtualmela.com
and/or our Members from any abuse / misuse, Virtualmela.com reserves the right to
restrict the number of communications / profile contacts & responses /
email which a Member may send to other Member in any 24-hour period to a number
which Virtualmela.com deems appropriate in its sole discretion.
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You cannot use any automated
processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view
content on or communicate / contact / respond / interact with Virtualmela.com
and/or its members.
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Proprietary Rights in Content on
Virtualmela.com. Virtualmela.com owns and
retains all proprietary rights in the Virtualmela.com Site and the Virtualmela.com
Service. The Site contains the copyrighted material, trademarks, and other
proprietary information of Virtualmela.com, and its licensors. Except for that
information which is in the public domain or for which you have been given
permission, you cannot copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. Any such act or an attempted
act on your part shall constitute a violation of this Agreement and your
membership is liable to be terminated forthwith by Virtualmela.com without refund
of any of your unused Subscription fees.
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Content Posted on the Site.
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You understand and agree that Virtualmela.com may
delete any content, messages, photos or profiles (collectively, "Content") that
in the sole judgment of Virtualmela.com violate this Agreement or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of either Virtualmela.com and/or its Members.
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With respect to Content you submit
or make available for inclusion on publicly accessible areas of the Site
including but not limited to your contact details, you hereby unconditionally
and irrevocably grant to Virtualmela.com the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Site and to Virtualmela Point members from time to time.
You understand and hereby agree that all information, data, text, photographs,
graphics, messages, tags, or other Content whether publicly posted or privately
transmitted or otherwise made available to Virtualmela.com members, are the sole
responsibility of the person from whom such Content originated and shall be at
the member's/person's sole risks and consequences. This means that you ( and
not Virtualmela.com ) is solely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
Virtualmela.com does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content. Under no
circumstances will Virtualmela.com be liable in any way 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
posted, emailed, transmitted or otherwise made available via the Service.
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You are solely responsible for the
Content that you publish or display (hereinafter, "post") on the Virtualmela.com
service or on Virtualmela.com Site or transmit to other Virtualmela.com Members.
Virtualmela.com reserves the right to verify the authenticity of Content posted
on the Site. In exercising this right, Virtualmela.com may ask you to provide any
documentary or other form of evidence supporting the Content you post on the
Site. If you fail to produce such evidence, Virtualmela.com may, in its sole
discretion, terminate your Membership without a refund.
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By posting Content to any public
area of Virtualmela.com, you automatically grant, and you represent and warrant
that you have the right to grant, to Virtualmela.com, and other Virtualmela.com
Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide
license to use, copy, perform, display, and distribute such information and
content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the
foregoing.
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The following is an indicative list
of the kind of Content that is illegal or prohibited on the Site. Virtualmela.com
will investigate and take appropriate legal action in its sole discretion
against anyone who violates this Agreement, including without limitation,
removing the offending communication / Content from the Service and terminating
the Membership of such violators without a refund. Illegal and prohibitive
Content includes Content that which:
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is patently offensive to the community, such as
Content that promotes racism, bigotry , hatred or physical harm of any kind
against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
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promotes information that you know is false,
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
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contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible page) ;
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displays pornographic or sexually explicit material
of any kind;
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provides material that exploits people under the age
of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18;
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provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
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solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; and
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engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
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You must use the Virtualmela.com
Service in a manner consistent with any and all applicable local, state, and
federal laws, rules and regulations.
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You cannot include in your Member
profile, visible to other members, any telephone numbers, street addresses,
last names, URL's, and email addresses.
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Copyright Policy.
You cannot post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Virtualmela.com service in a way that constitutes copyright infringement, please
provide us with the following information: an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; a description of the copyrighted work that you claim has been
infringed; a description of where the material that you claim is infringing is
located on the our Site; your address, telephone number, and email address; a
written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Notice of claims of copyright infringement
can be sent to us in writing to the address located under the Contact
us section on the site.
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Member Disputes.
You are solely responsible for your interactions with other Virtualmela.com
Members. Virtualmela.com reserves the right, but has no obligation, to monitor
disputes between you and other Members. Virtualmela.com also reserves the right
to take appropriate action against errant members. However, Virtualmela.com is
not obliged to share such action with other members, including complainants.
Virtualmela.com expressly disclaims any responsibility or liability for any
transactions or interactions between the members inter-se.
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Privacy.
Use of the Virtualmela.com Site and/or the Virtualmela.com Service is governed by
our Privacy Policy.
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Disclaimers.
Virtualmela.com is not responsible for any incorrect or inaccurate Content posted
on the Site or in connection with the Virtualmela.com Service, whether caused by
Users, Members or by any of the equipment or programming associated with or
utilized in the Service, nor for the conduct of any User and/or Member of the
Virtualmela.com Service whether online or offline. Virtualmela.com assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, User and/or Member communications
or any communications by Virtualmela.com to its Members. Virtualmela.com is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any web site or combination thereof,
including injury or damage to Users and/or Members or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the Virtualmela.com Site and/or in connection with the
Virtualmela.com Service. Under no circumstances will Virtualmela.com be responsible
for any loss or damage resulting from anyone's use of the Site or the Service
and/or any Content posted on the Virtualmela.com Site or transmitted to
Virtualmela.com Members. The exchange of matrimonial profile(s) through or by
"Virtualmela.com" is not a matrimonial offer and/or recommendation from/by
Virtualmela.com. Virtualmela.com shall not be responsible for any loss or damage to
any individual arising out of, or subsequent to, any relations (including but
not limited to matrimonial relations) established pursuant to the use of
Virtualmela.com. The Site and the Service are provided "AS-IS" and Virtualmela.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Virtualmela.com cannot guarantee and does not promise any
specific results from use of the Site and/or the Virtualmela.com Service.
Virtualmela.com expressly disclaims any liability or responsibility whatsoever
and howsoever arising as a result of any Content posted on the Site / made
available to Virtualmela.com by any Members or the users of the Site or any third
party. Virtualmela.com does not assume any responsibility or liability for any
illegal Content posted on the Site by any Members, users or any third party.
All liability, whether civil or criminal arising out of any Content that is
Posted on the Site will be of that Member / user / third party who has Posted
such Content and Virtualmela.com reserves its right to claim damages from such
Member/ user / third party that it may suffer as a result of such Content
Posted on the Site. Virtualmela.com does not claim ownership of Content you
submit or make available for inclusion on the Service.
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Limitation on Liability.
In no event will Virtualmela.com be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or punitive damages,
including also lost profits arising from your use of the Site or the
Virtualmela.com Service, even if Virtualmela.com has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained
herein, Virtualmela.com's, liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the
amount paid, if any, by you to Virtualmela.com, for the Service during the term
of membership.
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Disputes.
If there is any dispute about or involving the Site and/or the Service, by
using the Site, you unconditionally agree that all such disputes and/or
differences will be governed by the laws of India.
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Indemnity.
You agree to indemnify and hold Virtualmela.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, fully indemnified and
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of
the Service in violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations and warranties set
forth above and/or any fraudulent act on your part.
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Other.
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By becoming a Member of the Virtualmela.com service,
you agree to receive certain specific email from Virtualmela.com.
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This Agreement, accepted upon use of the Site and
further affirmed by becoming a Member of the Virtualmela.com service, contains
the entire agreement between you and Virtualmela.com regarding the use of the
Site and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
By becoming a member of Virtualmela.com and/or using
the Services of the Site, you unconditionally and irrevocably confirm that you
have read the above provisions and agree to abide by them.
Please contact us with any questions regarding this service agreement.
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