You need to be of Kodava ethnicity or be married to a Kodava to be eligible to upload User Generated Content (as defined in Clause 4.1).
You shall be eligible to upload or modify information pertaining only to yourself and your immediate family, i.e., you, your parents, spouse and children. If you are desirous of uploading or modifying information of any other family members or third persons, it shall be your responsibility to ensure that you have their prior express consent to be eligible to do so. Further, if you wish to submit the personal or other information of a person under the age of 18 (eighteen) year, please ensure that the consent of such person's parent or legal guardian is obtained prior to such submission.
If you represent any Association, Society or any other entity and are desirous of uploading or modifying information pertaining to your members, you shall be eligible to do so only with the prior express consent of the members and with due authorization from your concerned entity, in accordance with its charter terms.
You are not permitted to access and use this Website if you do not meet the above eligibility criteria.
A user shall be any person who meets the above eligibility criteria ("User").
Company and its licensors are the owners of the underlying source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
The data, images, graphics, text, reports generated, trademarks, tradenames, etc. but excluding the User Generated Content ("Website Content"), constitute our and/or our licensors' intellectual property. The Website and the Website Content are protected by the copyright laws in all applicable jurisdictions.
You may access the Website, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website, Website Content and Website's features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you may contact us in the manner provided for herein.
The Website's registration process can be completed using your valid email ID and/or such other methods as prescribed in the login window of Website, from time to time and paying the fees due therefor. You will receive a password and account designation ("Account") upon completing the Website's registration process. You shall be: (i) responsible for maintaining the confidentiality of your Account and the password; and (ii) fully responsible for all activities that occur under your Account. You agree to: (a) immediately notify us of any unauthorized use of your Account or any other breach of security; and (b) ensure that you logout from your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 3.1.
Your Account will need to be renewed periodically, as may be stipulated by the Company from time to time, by paying the fees applicable therefor.
You shall, pursuant to creating your Account, be authorised to upload your family tree consisting of your family members, as specified in Clause 1.2 above or the family trees of your members, subject to Clause 1.3 above, onto the Website ("User Generated Content"). You shall be entitled to link your family tree to the family trees of other Users who are immediately connected to your family tree. It is hereby clarified that given the stated purpose of this Website, a User who is not of Kodava ethnicity but is married to a Kodava can only upload the User's family tree consisting of the User and the User's family members specified in Clause 1.2 but excluding the User's parents.
Any family member who in turn creates an Account will become a User.
A User shall be entitled to modify the User Generated Content to the extent it pertains to the User or the User's immediate family members, as specified in Clause 1.2 above, notwithstanding who uploaded the User Generated Content.
It is hereby clarified that Company through the Website purely provides a platform to facilitate the representation of a User's genealogy and the same is based on the User Generated Content submitted by and uploaded by the Users. Accordingly, the Company shall not be responsible for the quality, completeness and accuracy of the User Generated Content as represented on the Website. In the event of any claims arising on account thereof, the sole remedy shall be against the concerned User who uploaded the user Generated Content and not the Company. Further, the Company shall not be liable to mediate or get involved in and resolve any disputes or disagreements inter se between Users.
You may avail of certain premium services, as and when listed on the Website, against payment of the amounts specified therein. Company reserves the right to vary the type and scope of such premium services and/or discontinue the same from time to time at its sole discretion and without prior notice thereof.
You agree not to upload, post, transmit or otherwise make available any User Generated Content that:
The Website is made available to you for the non-commercial purposes stated herein. You shall, directly or indirectly through third parties, not: (i) make and/or distribute copies of the Website's underlying source code; (ii) attempt to copy, reproduce, alter, modify and/or reverse engineer the Website's underlying source code; and/or (iii) create derivative works of the Website.
You shall request Company to disable the Account and change the password immediately for the Account, if your Account has been compromised or Device has been lost or stolen.
You shall be liable for losses incurred by Company or any other party due to a third party's use of your Account.
You certify, warrant and represent that the telephone numbers and/or email addresses that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls or SMS at each of the telephone numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to alert us whenever you stop using particular telephone number(s) and/or email address(es).
To correct or update any User Record and/or User Generated Content you have provided, you may do so online. In the event of loss of login credentials, you could send an e-mail to [?] or call on [?].
If you wish to obtain the contact information or other personal information of a person listed on the Website, you could make a request to that effect by complying with the applicable process prescribed by the Company on the Website. The Company shall pass the request to the concerned User who uploaded such User Generated Content and requested portion of the User Generated Content shall be provided to you only if the such User expressly accepts the request.
In order to use the Website, you are required to have a compatible Device with internet connectivity. To this end, you shall be solely responsible for procuring appropriate and secure internet connectivity to enable access to and use of the Website.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER ARISING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ACCOUNT OF, INCLUDING WITHOUT LIMITATION: (I) DAMAGE OR LOSS OF DATA OR PROFITS; (II) ACCESS, USE OR PERFORMANCE OF THE WEBSITE'S FUNCTIONS AND FEATURES; AND/OR (III) INTERRUPTIONS, DELAY, ETC. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
The Website and the functions and features therein are provided on an "as is" and on an "as available" basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Company shall make reasonable efforts to make the Website and the functions and features available at all times. However, Company makes no warranty that the Website shall meet your requirements, be uninterrupted, timely, secure, and/or error free; nor does Company make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the User Generated Content and Website Content.
Company shall not be liable for the loss and/or damage of the User Records and/or User Generated Data as a result of an event or a series of related events, that is beyond the control of Company, including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
You may delete your Account, with or without cause, by following the prescribed process set out in the Website or by choosing not to renew it when it comes up for renewal.
The Company reserves the right, at any time and without the need to give any reasons or prior notice, to refuse to register your Account or suspend, remove or disable your Account.
The Company may also, with or without cause, take any of the following actions in its sole discretion without giving you any prior notice:
Company reserves the right to update the Website, in order to, inter alia, increase efficiency, optimize user interface, and add new features and/or facilities, from time to time.
Neither of us shall be liable for failure to perform any obligations hereunder (other than any payment obligation) which is caused by supervening conditions beyond our reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
Subject to Clause 17.1 above, the courts in Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.