XTREME MEDIA TERMS OF SERVICE AGREEMENT

 

LAST UPDATED: [11/08/2021]

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BY ACCESSING THE WEBSITE DIRECTLY OR THROUGH HYPERLINK, AND/OR PURCHASING ANY PRODUCTS OR SERVICES FROM THE WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AND ABIDE BY THEM.

These Terms of Service (the “TCs”) governs your use of the Website (www.xtreme-media.in). Xtreme Media Pvt. Ltd. (the “Company”), offer products & services for purchase on the Website. The TCs includes and incorporates the policies and guidelines for purchase of such products & services. We encourage you to review the TCs on visiting the Website to make sure that You understand the terms and conditions governing the use of this Website. These TCs does not alter in any way the terms or conditions of any other written Agreements you may have executed with Us for other products or services. These TCs apply to all users of the site, including without limitation vendors, byers, customers, merchants, browsers and/or contributors of content.

 

I. Definitions:

        The parties referred to in these terms of Services shall be defined as follows:

  1. Company, Us, We: The Company, as the creator, operator and publisher of the Website, makes the Website, and certain Products and services on it, available to users. Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
  2. You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term “User” or “you” shall mean any natural or legal person who person is accessing the Website. The term “Your” shall be constructed accordingly.
  3. Parties: Collectively, the parties to these Terms of Service (the Company and You) will be referred to as parties.

 

II. Assent & Acceptance:

 By using the Website, You warrant that You have read and reviewed these TCs and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, kindly discontinue using the Website immediately. The Company only agrees to provide use of the Website and Services to You if You assent to these TCs. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed as an Agreement between Users and the Company.

 

III. Age Restrictions:

You must be atleast 18 (eighteen) years of age to use the Website or any services contained herein. By using the Website, You represent and warrant that You are atleast 18 years of age and may legally agree to these Terms of Service. The Company assumes no responsibility or liability for any misrepresentation of Your age.

 

IV. Products:

    1.Term of Offers Available:

       The Website offers sale of certain products (the “Products”). By placing an order/enquiry for Products through the Website, You      agree to the terms set forth in these TCs.

    2 .Customer Solicitation:

      Unless You notify our third party call center representations or direct sales representations of the Company, while they follow up with order /enquiry as requested by You kindly communicate your desire to opt out from further direct company communications and solicitations. On failure to communicate the same You are agreeing to continue to receive further emails and call solicitations from Us and it’s designated in house or third party call team(s)

    3.Out Procedure:

   We provide 3 easy ways to opt out of from future solicitations.

  1. You may use the opt out link found in any email solicitation that You may receive.
  2. You may also choose to opt out, via sending your email address to:             unsubscribe@xtreme-media.in
  3. You may send a written request to B-29/31, C-28/29, Shri Ram Industrial Estate, G.D. Ambekar Marg, Wadala (West), Mumbai 400031

 

V. Intellectual Property:

You agree that the Website and all Products and Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resources Locators (URLs), without express written permission from the Company.

  1. All content on the Website (including but not limited to graphics, photographs, drawings, design, text, software, selection, and arrangement) is protected by applicable laws in India.
  2. We grant you permission to use the Website, however, You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Website for commercial purposes, whether on behalf of yourself or a third party.
  3. If You feel that any of Your Intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, Kindly contact us and let us know.

.

VI. License to use Website:

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Material”). Subject to these TCs, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these TCs. The Company retains the right, at its sole discretion for any reason, to terminate any such license granted in Company Material.

You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if a third party content is at issue).

Any authorized use by You shall terminate the permission or license granted to You by the Website and You agree that you shall not bypass any measures used by the Company to prevent or restrict access to the Website.

The Company is not responsible for any damages resulting from use of this Website. The User will not use the Website for illegal purposes also will:

  1. abide by all applicable local, state, national, and international laws and regulations in your use of the Website,
  2. not interfere with or disrupt the use and enjoyment of the Website by other users,
  3. not resell material on the Website,
  4. not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
  5. not defame, harass, abuse, or disrupt other users of the Website

Any User posting, storing, or transmitting any content on the Website, You hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, , transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. The Company does not have the ability to control the nature of the user-generated content offered on the Website. The User is solely responsible for the interactions with other users on the Website and any content posted by User or on his/her behalf. The Company is not liable for any damage or harm resulting from any posts by or interactions between the Users. The Company reserves the right but has no obligation to monitor interactions between and among users of the Website and to remove any content Xtreme Media deems objectionable, and at sole discretion.

 

III. DISCLAIMER OF WARRANTIES

Your use of the Website and/or products are at your sole and exclusive risk. The website and products are offered on an “As Is” and “As Available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“Products” Include Trial Products.)

Without limiting the generality of the foregoing, Company makes no warranty:

  1. That the information provided on the Website is uninterrupted, accurate, secure, without defect, error-free, reliable, complete, or timely.
  2. That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
  3. No advice or information, whether oral or written, obtained by you from the Website will create any warranty not expressly stated herein.
  4. As to the results that may be obtained from the use of the products or that defects in products will be corrected.
  5. Regarding any products purchased or obtained through the website.
  6. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

 The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Website. Any information of third parties or advertisers is made available without doing any changes and so the Website cannot guarantee accuracy and is not liable to any inconsistencies arising thereof. All posting, messages, advertisements, photos, sounds, images, test, files, video or other materials posted on, transmitted through, or linked from the Website, are solely the responsibility of the person from whom such Content originated, and the Website does not control and is not responsible for Content available on the Website.

There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and we may change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

The Website Shall not be responsible for any interaction between You and the other Users of the Website. Under no circumstances will the Website be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between You and other Users of the Website or between You and any other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such dispute.

You specifically agree that the Website shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website.

You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included on the Website by any third party.

You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material.

The Website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.

 

IV. LIMITATION OF LIABILITY

Entire Liability of the Company, And Your Exclusive Remedy, in Law, in Equity, or Otherwise, with respect to the website content and products and/or for any breach of these TCs, then the liability of the Company will in no event exceed, 10% (Ten Percent) of the amount you paid, less shipping and handling, for products purchased through the Website.

In no event, will the Company be liable for any Direct, Indirect, Punitive, Incidental, Special, Consequential Damages or any damages whatsoever in connection with these TCs or the products in any manner, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with:

  1. The use or performance of the site;
  2. Delay or inability to use the Website, content or products;
  3. The provision of or failure to provide Services, or to deliver the product or for any information, software, products, services and related graphics obtained through the site;
  4. The cost of procuring substitute products or content;
  5. Any interaction between You and other participants of the Website or otherwise arising out of the use of the Website,
  6. Damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/ suppliers has been advised of the possibility of damages.

 

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) these TCs or the breach of Your warranties, representations and obligations under these TCs; (2) the Website content or Your use of the Website content; (3) the Products or Your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) Your violation of any provision of these TCs; or (6) any information or data you supplied to  the Company. When the Company is threatened with suit or sued by a third party, we may seek written assurances from You  to indemnify Us; Your failure to provide such assurances may be considered by the Company to be a material breach of these TCs.

The Company will have the right to participate in any defense by You of a third-party claim related to Your use of any of the Website content or Products. The Company will reasonably cooperate in any defense by You of a third-party claim at your request and expense. You will have the sole responsibility to defend the Company against any claim, but you must receive Company’s prior written consent regarding any related settlement. The term of this provision will survive any termination or cancellation of these TCs or your use of the Website or Products.

 

VI. PRIVACY

The Company believes strongly in protecting user privacy. Please refer to the Company’s privacy policy, incorporated by reference herein, that is posted on the Website. 

 

VI. SPAM POLICY

You are strictly prohibited from using the Website or any the Owner’s Services from illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

 

VII. ACCEPTABLE USE

You are not to use the Website or Services for any lawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Company.

a. You further agree not to use the Website or Services:

  1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. To violate any intellectual property rights of the Company or any third party;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetrate any fraud;
  5. To engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
  6. To publish or distribute any obscene or defamatory materials;
  7. To publish or distribute any material that incites violence, hate or discrimination towards any group;
  8. To unlawfully gather information about others.

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party’s use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (m) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You agree that You shall not upload, post, or transmit any content that you do not have right to make available (such as, the intellectual property of another party).

You agree to comply with applicable laws, statutes and regulations concerning Your use of the Website and further agree that You will not transmit any information, data, test, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service

You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

VIII. COMMUNICATION

You understand that each time You use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that You have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling You about the Products and Services Offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

 

IX. PRIVACY INFORMATION

Through You use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information. Kindly refer the Privacy Policy for a better overlook for the collection, use and security of information provided by You.

 

X. ASSUMPTION OF RISK

The Website and Services are provided for communication purpose only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, financial advice and no fiduciary relationship has been created between You and the Company. You further agree that your purchase of any of the Products on the Website is at your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

 

XI. REVERSE ENGINNEERING & SECURITY

You agree not to undertake any of the following actions:

  • Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
  • Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

 

XII. THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third-party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.

 

XIII. CHANGES TO THE TERMS OF SERVICES

These may be updated periodically to reflect changes as per the change in applicable laws. If we make any changes to this policy, we will change the “Last Updated” date above. You agree that your continued use of our services after such changes have been published to our services will constitute your acceptance of such revised TCs.

In the event that You fail to monitor any modifications to or variations of these TCs, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified TCs.

 

XIV. GENERAL

a. Force Majeure.

 The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

b. Cessation of Operation.

The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

c. Entire TCs.

These TCs comprises the entire TCs between you and the Company and supersedes any prior TCs pertaining to the subject matter contained herein.

d. Effect of Waiver.

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

e. Governing Law; & Jurisdiction.

 The Website originates from Mumbai, Maharashtra. These TCs will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither You nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of these TCs, to recover damages for breach of or default of these TCs, or otherwise arising under or by reason of these TCs, other than in courts located in Mumbai. By using the Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these TCs. You hereby waive any right to trial by jury arising out of these TCs and any related documents.

f. Statute of Limitation.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products, or these TCs must be filed within one (1) year after such claim or cause of action arose or be forever barred.

g. Waiver of Class Action Rights.

BY AGREEING TO THESE TERMS OF SERVICES, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THESE TERMS OF SERVICES MUST BE ASSERTED INDIVIDUALLY.

h. The Company reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of these TCs. Following termination, you will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. These TCs will survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to you, to terminate it.

 

i. Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

j. Assignment: You may not assign your rights and obligations under these TCs to anyone. The Company may assign its rights and obligations under these TCs in its sole discretion and without advance notice to you.

 

DECLARATION

I, hereby authorize and give consent to the Company, either through itself or any third-party service provider, from time to time for various information/alerts/SMS/other messages, calls, commercial communication, and other services on the aforesaid listed telephone number, whether these numbers are registered with National Do Not Call Registry/ listed in National Customer Preference Register or not.

I also confirm that on receiving of messages/calls, I will not hold the Company or its third-party service provider liable or institute a complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations 2010 or any other applicable regulations including any amendment thereof, as may be applicable. If you wish to stop these message/ calls services, please write an email to unsubscribe@xtreme-media.in.

 

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