Terms & Conditions

theviralsweep.com – Terms and Conditions

 

  1. GENERAL

 

The Website (as defined below), is conceptualised, designed, developed and owned by Spice Digital Limited, whose details are given at the end of these Terms. (“Spice” or “We” or “us”)

 

By accessing and using the Website you as the end user (“You/End User”)  agree to be bound by these terms and conditions of use, including any additional terms or guidelines (as You may find on the Website) and/or future modifications to these terms and conditions (“Terms”). Your act of accessing and using the Website for any purpose, shall be deemed to be Your absolute agreement to these Terms and Privacy Policy (defined below), as revised from time to time.

 

You agree and acknowledge that any access and use of the Website by You is voluntary and of Your own accord, and that the Terms shall be binding on you, upon such access and use. Your access and use of the Website shall be subject to the applicable laws, rules and regulations in force (“Applicable Laws”) at the place where You actually access the Website (“Territory”)

 

If You do not agree with any of the Terms, You must immediately cease from any use and access of the Website.

 

  1. WEBSITE

 

2.1      The Website shall mean the website named www.theviralsweep.com  provided by Spice. The Website contains the content of general nature. The content herein may relate to general entertainment, sports, science, spiritual, current and business news, smartphone and other electronic and non-electronic products and services’ reviews, stories and articles.

 

2.2      ANY INFORMATION, ADVICE OR TIPS ON THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. SPICE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION FOR ANY PURPOSE. ALL SUCH INFORMATION ADVICE OR TIPS IS PROVIDED “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. SPICE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, ADVICE OR TIPS INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

  1. DATA PROTECTION

Any personal information You supply to Spice when using the Website will be used by Spice in accordance with its privacy policy (“Privacy Policy”) as available on this Website.

 

  1. PROPRIETARY RIGHTS AND LICENCE
    • All trademarks, copyrights and other intellectual property rights of any nature in the Website or in the content on the Website are owned either by Spice or Spice’s licensors. Further, any name, mark or logo related to Spice are owned by Spice You should not adapt or use otherwise, any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. You agree and acknowledge that the access and use of the Website shall not be construed to confer on You, any rights of any nature including rights in any form of intellectual property contained in the Website or content therein. If in the course of accessing and using the Website, You even unintentionally infringe the said rights, You shall immediately cease and desist any such use.
    • You agree and confirm that You shall not at any time reveal or make public any and all proprietary and/or confidential information relating to Spice, its business, that You may gain access to during the course of accessing and using the Website . Except as expressly authorized by Spice, You agree not to modify, rent, lease, loan, sell or distribute the content comprised in the Website, in whole or in part or create any derivative works based on such content.
  2. CONDITIONS OF USE
    • The Website is not available to persons under the age of 18 or to anyone previously suspended /blacklisted by Spice. By accepting these Terms and/or by using the Website, You represent that You are at least of the age of 18 years.
    • The Website is currently made available to You for Your personal and non-commercial use. You are solely responsible for Your use of the Website.
    • You acknowledge that the terms of agreement with Your respective internet service provider will continue to apply when using the Website. As a result, You may be charged by the respective internet service provider for access to network connection services for the duration of the connection while accessing the Website or any such third party charges as may arise. You accept responsibility for any such charges that arise, and shall not claim the same from Spice or dispute the same. Further, Spice is not responsible for faulty internet connection or electricity failure or any other problem on Your side while availing the access of the Website. Spice will not be liable to pay any compensation if any error occurs due to any technical or manual fault at the end of the internet service provider.
    • The content on the Website does not represent or reflect any advice, views, opinions or beliefs of Spice.
    • The Website and/ or any advertisement or content therein may include links to third-party websites, mobile applications and content and services of Spice’s partners, suppliers, advertisers, sponsors, licensors and other third parties and service providers. Spice does not control the content, advertisement or links that appear through the Website and is not responsible for the such linked content or for the practices employed by those websites and mobile applications linked to or from the Website. In addition, these sites and mobile applications or services, including their content and links, may be constantly changing. These sites and mobile applications and services may have their own terms of use, privacy policies and customer service policies. Browsing and interaction on any other website, advertisements and mobile applications which have a link on the Website, is subject to that website’s, advertisements and mobile applications own terms and policies.
    • You must only use the Website for lawful purposes (complying with all Applicable Laws), in a responsible manner, and not in a way that might damage Spice’s name or reputation or that of any of Spice’s affiliates, licensors or service providers. You agree and acknowledge that the use of the information available to You through the Website is Your sole responsibility and that Spice shall not at any time be held responsible for any unlawful usage of the information available to You through the Website.
    • You may find campaigns, offers, online donations and charities organized by Spice (on its own or along with Spice’s partners, advertisers, sponsors, licensors and other third parties and service providers), from time to time which may be made available to You in the course of Your access and use of Website. If You choose to participate in such campaigns, offers, online donations and charities, You agree that Your participation shall be voluntary and at Your sole discretion. Further, You should read and understand fully the contents of such campaigns, offers, online donations and charities and the terms and conditions applicable o them and should be in agreement with them before Your participation. These campaigns, offers, online donations and charities may have their own terms of use and customer service policies available on their respective websites and You agree to such terms of use and policies before You participate in any of them. Spice shall not be liable for any costs, liabilities, expenses and damages to You or any third parties arising out of and in course of Your participation in such campaigns, offers, online donations and charities and Your availing the benefits therefrom.
    • You will not, nor allow any third parties on Your behalf to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website and/or any content therein; or (iii) create derivative works of the Website of any kind whatsoever.
    • You shall not host, display, upload, modify, publish, transmit, update, discuss, exchange or share any information on the Website and also shall not provoke other persons using the Website to indulge in any of such aforesaid activities in relation to any information that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

(j). shall not be false, inaccurate or misleading;

 

  • You agree that in using the Website You will NOT:

 

  • use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
  • use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website
  • use the content on the Website to engage in discussion on any subject or provoking other user of the Website into discussion on any subject that is illegal, obscene, adult, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 and contrary to national security or integrity, offensive, derogatory towards community or person, or any other prohibited acts or grossly offensive.
  • use automated scripts to collect information from or otherwise interact with the Website;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
  1. MODIFICATIONS AND INTERRUPTION TO SERVICE

Spice reserves the right to modify or discontinue or withdraw the Website at any time, without notice to You. Spice shall not be liable to You or any third party should Spice exercise its right to modify or discontinue or withdraw the Website. You acknowledge and accept that Spice does not guarantee continuous, uninterrupted or secure access to Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside the control of Spice.

 

 

 

  1. COLLECTION OF END USER INFORMATION

You agree and acknowledge that Spice may collect Website usage information from You when You access the Website.

Spice may use the above information, inter alia

  • to maintain, operate, provide and enhance our Website; and
  • to comply with legal requirements or process, or where necessary to prevent or investigate fraud, to protect the safety of an individual.

 

  1. AVAILABILITY
    • Spice will use reasonable efforts to make the Website available at all times. However You acknowledge that the access of the Website is dependent on the internet service providers, so the quality and availability of the Website may be affected by factors outside of Spice’s reasonable control. In the event the Website being unavailable to You for any factors not attributable to Spice and due to any reasons attributable to any third party service provider, Spice shall not be responsible for the same in any event whatsoever.
    • Spice does not accept any responsibility whatsoever for unavailability of the Website, or any difficulty or inability to access the Website and any other communication system failure which may result in the Website being unavailable. To the extent permitted in law, You hereby agree and acknowledge that You shall not at any time institute any suit, claims, actions, proceedings, against Spice for any reason relating to the unavailability of the Website.
    • You hereby agree and confirm that Spice shall not be held liable for any unavailability or non-functionality of the Website due to war, industrial action, flood, or act of God. You further agree and confirm that Spice shall not be responsible for any disruption in the functionality of the Website and/or any unavailability in the Website, arising due to any other third party, and/or any intermediary and that You shall not hold Spice liable for any of the same.

 

  1. SYSTEM REQUIREMENTS
    • In order to access and use the Website, You are required to have computer or any compatible device with internet connectivity.
    • It is Your responsibility to ensure Your computer or device meets all the necessary technical specifications to enable You to access and use the Website.

 

  1. TERMINATION

Notwithstanding any remedies that may be available under the Applicable Laws, Spice may temporarily or permanently deny, limit, suspend, or terminate Your access to the Website , if Spice believes that: (a) You have abused Your rights to use the Website ; or (b) You are in breach of these Terms or Privacy Policy; or (c) You have performed any act or omission that violates any Applicable Laws, rules, or regulations; or (d) You have performed any act or omission which is harmful or likely to be harmful to Spice, or any other third party, including other users or suppliers, licensors and/or service providers of Spice; or (e) You made use of the Website to perform an illegal act, or for the purpose of enabling, facilitating, assisting, abetting or inducing the performance of such an act; or (f) You made any confidential and/or proprietary information pertaining to the Spice and/or the Website public without the prior written consent of Spice.

You agree that notwithstanding the termination, Spice will continue to be entitled to use the information supplied by You or collected from You during the use and access of the Website by You.

 

  1. LIMITATION OF LIABILITY

SPICE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO ACCESS AND USE THEWEBSITE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THEWEBSITE, OR FROM ANY FAULT OR ERROR MADE BY SPICE’S STAFF OR EMPLOYEES, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE THROUGH THEWEBSITE , OR FROM ANY COMMUNICATION WITH SPICE OR FROM ANY DENIAL OR CANCELLATION OF REQUEST FOR INFORMATION THROUGH THEWEBSITE, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT THROUGH THEWEBSITE, REGARDLESS OF WHETHER SPICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, AS DEEMED FIT BY SPICE IN ITS SOLE DISCRETION.

 

  1. DISCLAIMER OF WARRANTIES
    • EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SPICE EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE WEBSITEOR ANY CONTENT OR INFORMATION AVAIALBLE, DELIVERED OR SENT THROUGH THE WEBSITETO YOU. THE CONTENT ON THE WEBSITE IS AVAILABLE OR PROVIDED WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OF THE INFORMATION CONTAINED IN THE WEBSITE. SPICE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THEWEBSITE. YOU AGREE AND ACKNOWLEDGE THAT THE USE, AND ACCESS OF THE WEBSITEIS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
    • SPICE DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITEWILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE WEBSITEWILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS OR THAT THE WEBSITEWILL BE IMMUNE FROM UNAUTHORIZED ACCESS.
    • SPICE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE WEBSITESUITABLE FOR YOUR NEEDS. SPICE DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION YOU RECEIVE ON THE WEBSITE WILL BE FREE FROM TECHNICAL INACCURACIES.
    • SPICE CANNOT AND DOES NOT GUARANTEE THAT THE WEBSITEWILL BE FREE FROM VIRUSES AND/OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE SYSTEM. SPICE DISCLAIMS ALL RESPONSIBILITY, LIABILITIES AND COSTS FOR ANY DAMAGE TO YOUR COMPUTER AND/OR MOBILE PHONE DUE TO SUCH VIRUS AND/OR OTHER CODE.
    • SPICE WILL BE ENTITLED TO USE, SUBJECT TO THE PRIVACY POLICY AS DEFINED ABOVE, ANY INFORMATION SUPPLIED BY YOU DURING THE COURSE OF ACCESSING AND USING THEWEBSITE.

 

  1. INDEMNIFICATION

You agree to indemnify and hold Spice, the licensors, business partners and the service providers of Spice and their respective officers, directors, shareholders, employees, sub-contractors, agents, parent companies, sister companies, subsidiaries and other affiliates, indemnified and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Website, any unauthorised use of the Website by You, Your violation of these Terms, or Your violation of any rights including rights in any form of intellectual property of any third party and/or any violation of Applicable Laws by You.

 

  1. AMENDMENTS TO THE TERMS

Spice may amend and modify this Terms from time to time, including any and all documents and policies incorporated thereto without any prior notice to You. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents and policies incorporated thereto. Continuing to access and use the Website will indicate Your acceptance of the amended Terms. If You do not agree with any of the amended Terms, then You must avoid any further use and access of the Website. Spice advises You to periodically read these Terms, as it may change from time to time.

 

  1. ENTIRE AGREEMENT

These Terms including the Privacy Policy (as amended from time to time) constitutes the entire agreement between You and Spice and governs Your access and use of the Website, superseding any prior agreements between You and Spice with respect to the Website.

 

  1. GOVERNING LAW AND JURISDICTION

16.1 These Terms shall be governed by the laws of India. You and Spice agree to submit to the personal and exclusive jurisdiction of the courts of New Delhi. In the event of any dispute including the validity, existence, interpretation or termination of these Terms or other matter arising in reference to these Terms, such dispute or other matter shall be referred to a sole arbitrator appointed by Spice and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Noida, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the End User who raised the dispute.

16.2 Subject to the provisions of clause 16.1 above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all the matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India.

 

  1. WAIVER AND SEVERABILITY OF TERMS

The failure of Spice to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

  1. SURVIVAL

You agree and confirm that the indemnities, confidentiality obligations, limitation of liability, disclaimer of warranties, dispute resolution mechanism, shall survive the efflux of time.

 

  1. RELATIONSHIP

You agree and acknowledge that Your relationship with Spice is not a confidential, fiduciary or other special relationship.

 

  1. GRIEVANCE REDRESSAL AND GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:

 

Grievance Officer:

Name: Prashant Sharma

Email Address: prashant.sharma@spicedigital.in; (with a copy to notice@spicedigital.in)

Contact telephone number

+ 91 1204363600

Timing: 10:00 AM to 5:00PM from Monday to Friday except public holiday

 

In case You have any complaints or grievance, You may either contact or write to the Grievance Officer on the contact details, as above with a copy to notice@spicedigital.in.

 

If You believe any materials or content available or accessible on or from this Website infringe Your copyright, You may request removal of those materials or content (or access thereto) from this Website by contacting Grievance Officer as specified above and by providing the following information:

  1. Identification of the copyrighted work that You believe to be infringed. (Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.)
  2. Identification of the material that You believe to be infringing and its location. (Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.)
  3. Your name, address, telephone number and (if available) e­mail address.
  4. A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
  5. A statement that the information that You have supplied is accurate, and indicating that under penalty of perjury, You are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

  1. You may submit any questions You have about these Terms and/or Privacy Policy or any problems concerning the Website by writing an email to the Grievance Officer as per details in the preceding para or sending your communication at the address: Spice Digital Limited, S Global Knowledge Park, 19A & 19B, Sector 125, NOIDA 201301, Uttar Pradesh, India (Kind Attn.: Mr. Prashant Sharma, Grievance Officer)

 

Spice Digital Limited is a limited company, registered under the laws of India, having its registered office at 60-D, Street No. C-5, Sainik Farms, New Delhi 110063, India and corporate office at S Global Knowledge Park, 19 A and 19 B, Sector-125, Noida 201301.

 

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