We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Services at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
ACCESS TO CONTENT
From September 1, 2012 to November 1, 2012 we provide this website as a service to all its registered users, who have access to the free part of its content which include sections Lounge, Billboard, Pad, Addictions & Pitstop and additional complimentary access to areas containing premium content of Bubble, Lab &Workshop which can otherwise only be obtained on paid subscription.
CHANGE OF CONTENT
Contents in Bubble, Workshop, Lab & Addictions are dynamic with subsections subject to change fortnightly. Contents in sections of Pitstop change fortnightly or monthly.
Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress and trademarks and/or other intellectual properties owned by us and/or its grantees or affiliates or by other parties that have licensed their material to us. We expressly reserve all rights to this Site and our materials under Indian and international laws.
You may not copy or distribute the text materials contained in this Site except for personal, non-commercial, educational or public policy use, distributed free of charge, provided that you include the following copyright notice on all copies: "www.RushTalk.com All Rights Reserved" and provided that attribution to any additional author is noted. The materials contained in this Site may not be modified or altered in any way. You may not copy or distribute any photograph, illustration, artwork, video, or other graphic material contained on this Site for any use without first obtaining written permission from us and any other applicable copyright owner(s). Except as described above, you may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Site, including computer programs and other coding.
The rights to Intellectual property found on this site shall be governed by any/all conditions found on this document or elsewhere on the website. You are suitably advised to also refer to Copyright for more conditions and rules.
You acknowledge and agree that RushTalk and www.rushtalk.com’s logo and other trademarks and service marks ("Our Marks") are our trademarks in India and other countries. You may not use Our Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use Our Marks in any manner that disparages or discredits us.
FEES AND PAYMENT
Access to our website and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).
Our subscription charges are quoted in US Dollars and for all international transactions, the exchange rate at that point of time will be applicable.
You will be responsible for any fees or charges incurred to access our service through an Internet Service Provider or Third Party Service.
Unless we state in writing otherwise, we as a rule do not refund subscription fee once paid. You agree that you do not have any right to demand a refund and that any request shall be considered according to our subjective satisfaction. Our decision shall be final and no reasons for refusal need to be communicated to you.
If you wish to have unrestricted access to premium content in sections Bubble, Workshop and Lab in Nest section of RushTalk after November 1, 2012 you will need to subscribe with us. Each subscription is for a single person only. You agree that you will not impersonate any other person or entity or use a false name or a name that you are not authorised to use. You also agree not to disclose your password or RushTalk ID to any other person, or allow your password or RushTalk ID to be used by any other person to access the Services. You are responsible for all use of RushTalk made by you or anyone else using your ID and for preventing unauthorised use of your RushTalk ID.
We offer you an opportunity to fully explore our website with free access to all services including the paid subscription services from September 1, 2012 to November 1, 2012. However, after this date, access to the subscription parts of the website shall be governed by the terms of this agreement and no free access shall be provided. You agree and represent that your continued use and access of the subscription services shall be contingent on you obtaining a subscription. However you may continue to use our free services. Your information contained in the subscription services shall not be made available to you in the absence of a valid paid subscription and authorised access.
We reserve the right to terminate your access to the Services (including subscription services) if any information you provide is untrue, inaccurate, out-of-date or incomplete, or if we believe that you have breached these terms and conditions without refund of the unused part of your subscription fee.
We offer you an opportunity to fully explore our website with free access to all services including the paid subscription services till November 1, 2012. However, after this date, access to the subscription parts of the website shall be governed by the terms of this agreement and no free access shall be provided. You agree and represent that your continued use and access of the subscription services shall be contingent on you obtaining a subscription. However you may continue to use our free services. Your information contained in the subscription services shall not be made available to you in the absence of a valid paid subscription and authorized access.
DISCOUNTS AND PROMOTIONS
Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription, even though offers may come up, unless we specify. RushTalk has the authority to increase or decrease the subscriptions fees at any time with or without prior notice. However, new rates will be applicable to only new subscriptions and renewals of old subscriptions.
USER GENERATED CONTENT
We offer you an opportunity to interact with us and other persons through forums, message boards, chats, submitting a letter to the editor, creating community profiles, and rating, tagging and the like in our sections of Pad, Billboard and Chat. Any content or information you submit is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below
HOW RUSHTALK AND OTHERS CAN USE YOUR CONTENT
You agree that upon uploading, posting or submitting information on the Services, you grant us, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any format or medium now known or later developed, in any manner, in whole or part, without any duty to compensate you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content submitted.
We appreciate your feedback or other suggestions and you shall understand that we may use them without any obligation to compensate you for them.
YOUR RESPONSIBILITY TO USER CONTENT
You are responsible for your use of the Services, for any Contents you post to the Services, and for any consequences thereof. If you upload, post or submit any User Content on the site, you represent to us that you have all the necessary legal rights to upload, post or submit such User Contents and it will not violate any law or the rights of any person. You retain your rights to any Content you submit, post or display on or through the Services. In case of any complaints or grievances or to report instances of violations of intellectual property etc., you can get in touch with us by following Contact Us. We shall take appropriate action as we deem fit but we shall be under no obligation to take action unless the alleged infraction is proven to our subjective satisfaction. We assure you that we shall assist you in any manner necessary to protect your rights.
RushTalk does not send users email notification of deleted accounts.
You are strictly prohibited from posting or transmitting any unlawful, derogatory, racially or ethnically objectionable, harassing, intimidating & stalking, threatening, invading another’s privacy, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You will also not engage in online vandalism, impersonating another person, posting and transmitting content that is harmful to minors, spam and that which impinges on another’s rights or a malicious computer code.
You undertake that you will not use your personal profile for your own commercial gain.
REGISTRATION AND RUSHTALK ID
You may only use and become a registered member of this site if you are 18 years old or older.
Use of this Site requires you to register or create a RushTalk ID as part of the application process. You agree to provide accurate, true, current and complete information at all times, and to update it in a timely manner. The RushTalk ID you provide during registration cannot be changed while you maintain your profile. If you provide (or if we have reasonable grounds to believe you provided) inaccurate or incomplete information, we may suspend or terminate your access, application, or participation in our programs, in addition to exercising all rights and remedies allowed by law.
You acknowledge and agree that if RushTalk disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You agree to guard as confidential information your RushTalk ID and password and take all reasonable measures to keep it secure. You shall not use anyone else's password at any time. You agree that all uses of the RushTalk ID created by you will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates and other third parties with whom we work, including but not limited to our and their respective affiliates, current and former trustees, officers, staff and agents (collectively “Third Parties”), as being a use made by you, even if someone else uses your identifier. It is your duty to notify any unauthorized use of your password or RushTalkID or any other breach of security.
We will not be liable for any loss that may be incurred by the you as a result of unauthorized use your password or account, either with or without your knowledge. RushTalk does not send notifications about password changes to your registered email Id.
You are allowed to create only one User Profile.
You may terminate your account or profile at any time by following the procedure laid down in the site, however certain liabilities imposed on you by this agreement or any other agreement shall subsist.
While all effort has been taken to provide contents in the various sections of RushTalk which are true, accurate and updated, we do not warranty the truth, accuracy or completeness of the information contained. All information is provided "As is" on this website and is provided for general information and entertainment purposes only and they do not constitute professional advice on any subject matter. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. The name, characters, places & incidents in the section Bubble are fictitious and any resemblance to actual person dead or alive, events or locales is entirely coincidental. The quizzes in Are You Game and X-Ray are meant to promote understanding and do not conform to any psychological theories or models and we do not recommend it as a tool for diagnosis of any problem. These tests are not scientifically validated and are not a substitute for evaluation by a trained psychological person. Relying on the results is entirely the choice of the reader at his own risk. We shall in no event be liable to end-user or any other such person for any incidental, consequential, indirect, punitive, mental, emotional or exemplary damages.
All tips in Tip Trip are based on personal experience and may not yield results for all. Discretion is advised in its use and seek independent professional advice wherever necessary. This section is not a substitute for medical or expert advice You are solely responsible for consequences as a result of use.
DISCLAIMER FOR USER CONTENT
Postings do not reflect our views; and we have no obligation to monitor, edit, or review any Postings on the Forum and you understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. We expect that you will use caution and common sense and exercise proper judgement while using it.
Under no circumstances will we be liable in any way for any User Content, nor for 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 through our website and for defamation, libel, slander, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on this Site or the Forum.
DISCLAIMER FOR WARRANTIES AND LIMITATION OF LIABILITIES
This site and all content is subject to change and is provided by us or third parties “as is” without any warranty or condition, and without the undertaking of any duty of any kind, express, implied, statutory or otherwise, including but not limited to any warranty or condition of merchantability, fitness for a particular purpose, non-infringement or any duty of workmanlike effort or lack of negligence. The entire risk as to satisfactory quality, performance, accuracy and effort in this site is with you. You agree that you will obtain (including via download) any content at your own risk.
Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to our site, we and third parties do not guarantee or warrant that our site or materials that may be downloaded from our site are free from such destructive features. We and third parties are not liable to you on any legal theory for any damages or harm attributable to such features.
Though all effort is made to keep the website up and running smoothly, RushTalk takes no responsibility for the website being temporarily unavailable due to technical issues beyond our control and cannot provide any representation that using the Website will be error free.
You are bound by the terms of any third party site you may use to access our website or any other website you may visit from our site. You are advised to read and accept their terms and conditions before you do so.
In the event of any problem with this site or any content, you agree that your sole remedy is to cease using this site.
RELEASE AND INDEMNITIES
For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation in or posting to any Forum, you hereby agree to release and waive any and all claims and/or liability against us and Third Parties, if any, arising from or in connection with your use of this Site. You also agree to indemnify and hold us harmless and Third Parties, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Site or failure to abide by any applicable law. You also agree to cooperate fully in the defense of any of the foregoing.
LINKS FRAMES AND METATAGS
You may not link to our Site or frame the content of our site if it cast us in a false or misleading light and without prior written permission. You may not use metatags or any other "hidden text" that incorporates Our Trademarks or our name without our express prior written consent.
ARBITRATION AND GOVERNING LAW
And in any case you agree to submit to the exclusive jurisdiction of the courts in Chennai, Tamilnadu, India and waive any jurisdictional, venue or inconvenient forum objections to such courts.
NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the site, use of the site or access to services of the site.
CHANGE OF CONTROL
If the ownership of the site changes, we may transfer your information to the new owner so they can continue to operate the service. But they will still stand to honour the commitments that have been made in this agreement. However we do not guarantee the same and no claim shall subsist for the same.
WAIVER AND SEVERABILITY OF TERMS
The failure of RushTalk to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of RushTalk services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
EFFECTIVE DATE: 1 September 2012