Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ExMyB. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written or oral agreements with you. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Supplemental terms may apply to certain Services, and such supplemental terms shall be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed to be a part of, these Terms. In the event of a conflict between these Terms and the supplemental terms, the supplemental terms shall prevail.
ExMyB will execute an agreement with you containing these and other terms towards the crystallisation of yours and its rights and obligations. In the event of any conflict between the provisions of these Terms, any supplemental terms to these Terms, and those contained in the Agreement, the Agreement shall prevail.
ExMyB shall have the right to restrict You from accessing or using the Services, or any part of them, immediately, without notice, in the event where ExMyB reasonably suspects that:
- You have, or are likely to, breach these Terms; and/ or
- You do not, or are likely not to, qualify under applicable law or the standards and policies of ExMyB to access and use the Services.
ExMyB may terminate these Terms and/ or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof:
- immediately where ExMyB reasonably suspects that:
- You have, or are likely to, materially breach these Terms; and/ or
- You do not, or are likely not to, qualify, under applicable law or the standards and policies of ExMyB, to access and use the Services; or
- with prior notice of thirty (30) days, where ExMyB, acting reasonably, terminates these Terms or any Services for any legitimate business, legal, or regulatory reasons.
You may terminate these Terms at any time with a prior notice of thirty (30) days to ExMyB.
- MODIFICATION OF THESE TERMS
ExMyB will provide the Services to You under these Terms. The Services constitute the provision of various services as elected by You, and agreed between ExMyB and You, through third-party service providers (“Vendors”). You acknowledge that the Services provided to you will be through such Vendors, who are not employed by ExMyB or any of its affiliates. The liability of ExMyB and the Vendors shall be as set out in a separate agreement executed for this purpose.
Subject to Your compliance with these Terms, ExMyB grants to You a limited, non-exclusive, revocable, non-transferable license to: (i) access and use the Website in connection with Your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by ExMyB.
Without ExMyB's permission and/ or explicit written consent, as applicable, You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) remove, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/ or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access or to impair any aspect of the Services or its related systems or networks.
- YOUR USE OF THE SERVICES
- In order to use the Services, you must be at least eighteen (18) years of age. Registration with ExMyB may require You to submit certain personal information, such as your name, organisation name, address, mobile phone number, email, and age. You agree to provide and maintain accurate, complete, and updated information to ExMyB. Your failure to provide accurate, complete, and updated information may result in your inability to access or use the Services.
- The Services are not available for use by persons under the age of 18. Unless expressly consented to by ExMyB, You may not authorise third parties to use the Services through You. You may not assign or otherwise transfer the Services provided by ExMyB or its Vendors to any other entity or person or party without ExMyB's explicit written consent.
- You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, inconvenience, or property damage, whether to the Vendor or to any other party.
- ExMyB prohibits discrimination against its Vendors based on race, religion, caste, national origin, sex and sexual orientation, disability, marital status, age, or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept Services based on any of these characteristics.
- ExMyB may, in its sole discretion, permit you time to time to submit, upload, publish, or otherwise make available to ExMyB textual, graphic, audio, or video content (collectively referred to as “User Content”). Any User Content provided by you remains your property. However, by providing the User Content to ExMyB, you grant to ExMyB a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without any requirement of payment to you or any other person or entity.
- You represent and warrant that: (a) you are either the sole and exclusive owner of all User Content or You have all rights, license, consents, and releases necessary to grant ExMyB the license to the User Content; and (b) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content nor ExMyB's use of the User Content as permitted herein will infringe, misappropriate, or violate a third-party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You agree not to provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another's privacy, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, libellous, racist, harmful, violent, obscene, pornographic, unlawful, or otherwise offensive unlawful as determined by ExMyB in its sole discretion, whether or not such material may be protected by law. ExMyB may but shall not be obliged to, review, monitor, or remove User Content, at ExMyB's sole discretion and at any time and for any reason, without notice to you.
You understand that ExMyB shall charge a fee (“Fee”) for the Services provided to you. Such Fee may be charged as a bullet payment or at such intervals as may be agreed between ExMyB and you. For the purposes of collecting the Fee, ExMyB may use a pre-paid wallet. Fee paid by you shall be final and non-refundable unless otherwise determined by ExMyB, or as required under applicable law. The terms of the payment of the Fee shall be as agreed between ExMyB and you.
- LIMITATION OF LIABILITY, INDEMNITY
The Parties' liability and indemnity obligations shall be as agreed between them, and as set out in the agreement specifically executed for this purpose.
- GOVERNING LAW, DISPUTES
The laws of India shall govern the relationship and all transactions between you and ExMyB. Sole place of jurisdiction shall be the courts of Gurugram, India.
- OTHER PROVISIONS
The provisions in relation to Notice, Waiver, Assignment, Severability, etc. shall be as set out in the Agreement executed with you.