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MITHRIM NETWORKS LLP

1.TERMS OF USE AGREEMENT

2.VIRTUAL GOODS AND CURRENCY TERMS OF USE,

 

 

TERMS OF USE AGREEMENT

Last Revised: December 5, 2011

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

IF YOU BECOME A MYMITRA.COM SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.

If you have any questions or comments, you may contact us by emailing support[at]mymitra.com or by writing to us at:

Mithrim Networks LLP
New Survey No.215/8,
Bangla Parambil Colony,
Near KTC Stop, Kanjikode,
Palakkad - 678621
India

This Terms of Use Agreement (the "Agreement") is a legal agreement that governs our relationship with users and others that interact with Mithrim Networks LLP and our subsidiaries and affiliates ("Mithrim Networks LLP", "mymitra.com", "we," or "us") in connection with the use of Mithrim Networks LLP websites (including www.mymitra.com) (the "Sites") and our Services (as defined below). Mithrim Networks LLP currently makes services available through our Sites, applications, which include mobile applications and applications available on social networking sites and other platforms, and our downloadable products (the Sites, the applications, the downloadable products and all services provided by Mithrim Networks LLP in connection therewith shall be referred to collectively as, the "Services"). Mithrim Networks LLP may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. Mithrim Networks LLP also reserves the right to cease offering any of the Services. You agree that Mithrim Networks LLP shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Mithrim Networks LLP when you sign up to use, or use, such Services ("Additional Terms"). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Mithrim Networks LLP for products, services or otherwise.

All visitors to our Sites, whether registered or not, are "users" of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a "Member".

This Agreement and any policy or guideline of the Services may be modified by Mithrim Networks LLP in its sole discretion at any time, with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services after the posting of changes or modifications will constitute your acceptance of such changes or modifications; therefore, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

1. ELECTRONIC RECORDS

Because the Services are provided electronically, you must consent to Mithrim Networks LLP is providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Mithrim Networks LLP may be required to provide to you.

Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by Mithrim Networks LLP, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Mithrim Networks LLP website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.

You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by Mithrim Networks LLP are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that Mithrim Networks LLP may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

2. ELIGIBILITY

By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Mithrim Networks LLP and are not using the Services for reasons that are in competition with Mithrim Networks LLP or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the India has (i) embargoed, (ii) identified as a "Specially Designated National" or (iii) placed on the Commerce Departments Table of Deny Orders.

You must not be married and must be allowed by law to search for a partner.

3. USE OF THE SERVICES

You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited.

  • a. Member Account. You will only create one unique profile for use of the Services. You will not include any telephone numbers, street addresses, last names, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services.
  • b. Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 13 below). You agree (a) to immediately notify mymitra.com if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that Mithrim Networks LLP is not responsible for any loss or damage arising from the theft or misappropriation of your username or password.
  • c. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
  • d. Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, MYMITRA.COM DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. MYMITRA.COM RESERVES THE RIGHT TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES), HOWEVER, IN ITS SOLE DISCRETION. mymitra.com does not make any representations, warranties or guarantees as to the conduct of its users or their compatibility with you. You acknowledge that not all users are available for matching and that mymitra.com may create test profiles or accounts to monitor the operation of the Services.
  • You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR FAQ PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating/matrimonial practices, such as not providing your name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
  • e. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
  • f. User Conduct. mymitra.com is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the Users thereof:
    1. i. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
    2. ii. Engage in any harassing, intimidating, predatory or stalking conduct;
    3. iii. use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other users use of the Services;
    4. iv. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
    5. v. make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
    6. vi. defraud, swindle or deceive other users of the Services;
    7. vii. disseminate another persons personal information without his or her permission, or collect or solicit another persons personal information for commercial or unlawful purposes;
    8. viii. solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
    9. ix. use any scripts, bots or other automated technology to scrape or access the Services;
    10. x. collect or solicit personal information about anyone under 18;
    11. xi. use the Service for any phishing, trolling or similar activities;
    12. xii. use the Service to redirect users to other sites or encourage users to visit other sites;
    13. xiii. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities; or
    14. xiv. attempt to access any Services or area of the Sites that you are not authorized to access.
  • g. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using the "Red alert/bogus" option on the homepage or by contacting us at violation[at]mymitra.com
  • h. Verification and Enforcement. Although Mithrim Networks LLP does not routinely conduct criminal screenings of its users, you agree that Mithrim Networks LLP has the right to do so at its sole discretion, and you consent to such screening and agree to provide to Mithrim Networks LLP, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if Mithrim Networks LLP believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Mithrim Networks LLP may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.
  • 4. USER CONTENT
    • a. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, display or otherwise communicate to Mithrim Networks LLP through the Services or to other users (collectively referred to as "post"), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are "User Content"). Mithrim Networks LLP does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Mithrim Networks LLP liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
    • b. Accuracy of Information. You will not provide any inaccurate, misleading, incomplete or false information or User Content to mymitra.com or to any other user. You agree that all photos posted to your profile are of you and were taken within the last 2 years and agree to update your profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
    • c. No Duty to Review User Content. Although you understand and acknowledge that Mithrim Networks LLP has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that Mithrim Networks LLP may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
    • d. License of User Content to Mithrim Networks LLP. Mithrim Networks LLP claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Mithrim Networks LLP, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You further represent and warrant that the User Content and the public posting and use of your User Content by Mithrim Networks LLP will not infringe or violate the rights of or cause any harm to any third party or violate the terms of this Agreement. By posting User Content, you hereby release Mithrim Networks LLP and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
    • e. Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
    • f. Prohibited Content. You will not post or transport to any other user any User Content that is illegal or prohibited from being posted, which includes, but is not limited to, any User Content (or links to content) that ("Prohibited Content"):
      • i. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, fraudulent or illegal;
      • ii. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • iii. is intended to, or does, harass, or intimidate any other user or third party;
      • iv. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
      • v. contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minors legal guardian) or otherwise violates anyones right of privacy or publicity;
      • vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
      • vii. violates someones data privacy or data protection rights;
      • viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
      • ix. contains any advertising, fundraising or promotional content; or
      • x. is, in the sole judgment of mymitra.com, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes mymitra.com or its users to harm or liability of any type.
    • g. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information about Mithrim Networks LLP and our Services (collectively, "Submissions"). Submissions, whether posted to the Services or provided to Mithrim Networks LLP by email or otherwise, are non-confidential and shall become the sole property of Mithrim Networks LLP. Mithrim Networks LLP shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
    • h. Social Networking Sites. When you use the Services through a social networking site (a "Social Networking Site"), where the Services are also referred to as an "application", you permit Mithrim Networks LLP to access certain information from your profile for that site. The information you permit Mithrim Networks LLP to access varies by Social Networking Site and is affected by the privacy settings you establish at such site. By using our Services through a Social Networking Site, you are authorizing Mithrim Networks LLP to collect, store, retain and use indefinitely, in accordance with our Privacy Policy, any and all information that you agreed the Social Networking Site could provide to Mithrim Networks LLP through the Social Networking Site application programming interface. Your agreement takes place when you "accept" or "allow" (or other similar terms) our application on a Social Networking Site. Additionally, you agree that any such information that Mithrim Networks LLP currently has may be stored, retained and used indefinitely, in accordance with our Privacy Policy.
  • 5. PRIVACY
  • Please refer to our Privacy Policy for information about how mymitra.com collects, uses and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature on any public areas of mymitra.com or post or provide to mymitra.com any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You hereby consent to the processing of any personal data in the United States of America or any other country in which we process your data.
  • 6. COPYRIGHT AND LIMITED LICENSE
  • The Services contain the copyrighted material and other proprietary information of mymitra.com and its licensors or users including without limitation, the mymitra.com logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collective, "Proprietary Materials").
  • You are granted a limited, non-sublicensable license to access and use the Services and Proprietary Materials, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) "frame" or "mirror" any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to mymitra.com or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as specifically authorized herein, without the prior written consent of mymitra.com, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license is revocable at any time.

7. REPEAT INFRINGER POLICY

mymitra.com reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. mymitra.com may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. COPYRIGHT POLICY

If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. Mithrim Networks LLP is designated Copyright Agent to receive notifications of claimed infringement is:

Mithrim Networks LLP
Attn: Copyright Agent
New Survey No.215/8,
Bangla Parambil Colony,
Near KTC Stop, Kanjikode,
Palakkad - 678621
India

Email ID: copyright[at]mymitra.com (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

9. TRADEMARKS

"MITHRIM NETWORKS LLP," "MYMITRA.COM", mymitra.com logos and any other trade name or slogan contained in the Services are trademarks or service marks of Mithrim Networks LLP, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of mymitra.com or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of mymitra.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

10. HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Mithrim Networks LLP websites for noncommercial purposes, provided such link does not portray Mithrim Networks LLP or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Mithrim Networks LLP logo or proprietary graphics to link to any Mithrim Networks LLP website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Mithrim Networks LLP trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Mithrim Networks LLP express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of mymitra.com or any third party.

mymitra.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of mymitra.com and mymitra.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. mymitra.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by mymitra.com of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

11. THIRD PARTY CONTENT

mymitra.com may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. mymitra.com does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that mymitra.com is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

12. ADVERTISERS AND OTHER THIRD PARTIES

The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. mymitra.com is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that mymitra.com shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

13.PAID SERVICES

  • a. General. If you purchase any Services that we offer for a fee, such as a subscription to our Services or mymitra.com credits (the "Paid Services"), you authorize mymitra.com and our designated payment processors to store your payment card information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used subscription periods except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at mymitra.com sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice.
  • b. Payment Method. mymitra.com may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. mymitra.com charges you for Paid Services through the payment method you select when originally purchasing the Paid Services (the "Payment Method") and you agree to make payment using that Payment Method. Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.
  • c. Cancellation of Subscriptions. YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT WHEN REQUIRED BY APPLICABLE LAW.
  • d. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to mymitra.com. You agree to promptly notify mymitra.com if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
  • e. Change in Amount Authorized. If the amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), mymitra.com will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that mymitra.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  • f. Virtual Currency and Virtual Products. Please see our Terms of Use for additional terms applicable to the purchase and use of virtual currency and virtual products offered by us. Any virtual currency you receive as a promotion from us will be subject to the terms of our Terms of Use.
  • a.Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, mymitra.com shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways. Please see our Terms of Use for details regarding the terms applicable to the purchase and use of virtual currency and virtual products offered by us.
  • mymitra.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

14. MOBILE SERVICES

You may access and use certain features of the Services using certain mobile devices, including through our SMS service (the "Mobile Services"). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services.

Please note that by accessing or using the Mobile Services, your carriers normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for those fees.

15. DOWNLOADABLE APPLICATIONS

By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms and conditions of the End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.

16. FREE TRIALS AND PROMOTIONS.

From time to time, we may offer free trials or other promotions (a "Promotion"). As an example, we may offer promotions that provide free subscriber-level access to the Services for a certain period of time. YOU MUST CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH SECTION 13(d) ABOVE) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES. As another example, we may provide you with our virtual currency without charge. Any such virtual currency is subject to the terms of our Terms of Use. Additional Terms applicable to any Promotions may be provided.

17. DISCLAIMERS

MITHRIM NETWORKS LLP PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MITHRIM NETWORKS LLP DOES NOT REPRESENT AND WARRANT THAT (A)YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B)ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C)THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MITHRIM NETWORKS LLP DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

MITHRIM NETWORKS LLP DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, MITHRIM NETWORKS LLP DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

MITHRIM NETWORKS LLP DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MITHRIM NETWORKS LLP UNDER NO CIRCUMSTANCES WILL MITHRIM NETWORKS LLP BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONES RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT CONSUMERS FROM SUCH PLACES SHOULD NOT BECOME A MEMBER OF MYMITRA.COM.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MITHRIM NETWORKS LLP, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MITHRIM NETWORKS LLP, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MITHRIM NETWORKS LLP RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL MITHRIM NETWORKS LLP AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) $50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MITHRIM NETWORKS LLP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT, CONSUMERS FROM SUCH PLACES SHOULD NOT BECOME A MEMBER OF MYMITRA.COM.

19. DISPUTES AND INDEMNIFICATION

  • a. Disputes. Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action. You agree that any dispute arising from this Agreement or about or involving the Services will be governed by the laws of Kerala (India), without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Mithrim Networks LLP agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, the competent courts located in Ernakulam, Kerala (India) in such legal action or proceeding.
  • b. Indemnity. You agree to defend, indemnify and hold Mithrim Networks LLP, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorneys fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii)your conduct in connection with the Services or our users, (iv)your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.

20. TERMINATION

This Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

  • a. Termination by mymitra.com. Notwithstanding anything to the contrary in this Agreement, mymitra.com may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to mymitra.com by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in mymitra.com sole discretion.
  • b. Termination by You. In addition to any right to cancel your subscription pursuant to Section 21, below, you may deactivate your account at any time, for any or no reason, by accessing the "settings" page of your account. Except as otherwise provided by law or in this Agreement, you will not be entitled to any refund of the fees you have paid to mymitra.com and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.

21. MISCELLANEOUS

You agree that this Agreement, together with the Additional Terms, contains the entire agreement between you and Mithrim Networks LLP regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement. If any provision of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Mithrim Networks LLP to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any entities that Mithrim Networks LLP owns a 50% or greater interest in, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement. Mithrim Networks LLP is a limited liability partnership organized under the laws of India (LLP identity number: AAA-6393).

22. LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where mymitra.com has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with mymitra.com. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

 

 

MITHRIM NETWORKS LLP

VIRTUAL GOODS AND CURRENCY TERMS OF USE

Last Revised: December 5, 2011

PLEASE READ THESE VIRTUAL GOODS AND CURRENCY TERMS OF USE CAREFULLY. BY MAKING A PURCHASE OR USING OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR USE OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY.

Certain virtual products and services ("Virtual Goods") and virtual currency ("mymitra.com credits") may be made available to you from time to time by Mithrim Networks LLP or its subsidiaries or affiliated companies (collectively, "us", "we", "mymitra.com" or "Mithrim Networks LLP") through our websites, products, applications, which include mobile applications and applications available on social networking sites and other platforms, and services (collectively, the “Services”). Your purchases and uses of Virtual Goods and mymitra.com credits through our Services are governed by these Virtual Goods and Currency Terms of Use (“VGC Terms of Use”) and by the Terms of Use, which is incorporated herein by reference. These VGC Terms of Use set out the legally binding terms for your purchase and use of our Virtual Goods and mymitra.com credits and may be modified by us from time to time by posting the revised VGC Terms of Use on the applicable Service. Such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these VGC Terms of Use prior to each purchase so you will understand the terms applicable to such transaction.

If you have any questions about these VGC Terms of Use, you may contact us by emailing support[at]mymitra.com or by writing to us at:

Mithrim Networks LLP
New Survey No.215/8,
Bangla Parambil Colony,
KTC Stop, Kanjikode,
Palakkad - 678621
India

1. PURCHASES

To purchase any of our virtual products or services, you must be a registered user of our Services and comply with these VGC Terms of Use (including the Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to refuse or cancel orders or terminate accounts at any time in our sole discretion.

2. PAYMENT

By submitting an order for our Virtual Goods or mymitra.com credits through our Services, you authorize Mithrim Networks LLP, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on our Services are subject to change without notice. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.

3. TAXES

You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase of Virtual Goods or mymitra.com credits. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and we reserve the right to collect such taxes or other fees from you at any time.

4. MYMITRA.COM CREDITS

In our sole discretion, we may offer you the opportunity to obtain and redeem mymitra.com credits for use with our Services. We may charge fees for the right to use mymitra.com credits, or we may distribute the mymitra.com credits without charge, each in our sole discretion. When you redeem mymitra.com credits, we will redeem mymitra.com credits that you have purchased before redeeming mymitra.com credits that you have obtained on a promotional basis, or otherwise without charge. We have no obligation to continue offering any feature or function through the Services, including any feature or function that enables the use or redemption of mymitra.com credits.

Your mymitra.com credits will be stored in an account for you. The mymitra.com credits may be redeemed solely by Mithrim Networks LLP through our Services, cannot be transferred to any other user or third party, cannot be redeemed for cash and are non-refundable except (i) as required by law or (ii) at our sole and absolute discretion. We may further restrict your ability to redeem your mymitra.com credits based on your place of residence. For clarification, although you may buy mymitra.com credits via mobile services, the mymitra.com credits are not redeemable for content or services offered by any carrier.

While the mymitra.com credits you purchase do not expire, you acknowledge and agree that if your account becomes Inactive (as defined below) or is deactivated (as described below), we may, without further notice to you, redeem all paid mymitra.com credits remaining in your account for any Virtual Goods (as defined below) we select, in our sole discretion, and distribute such Virtual Goods, as applicable, to your "friends" (and, if you have no "friends" to any other users that we may identify, in our sole discretion). For purposes of this Section 4, the term "Inactive" means that, based on our records: (a) for a period of three (3) months, or more, you have not logged into your mymitra.com account; or (b) we have been unable to reach you to verify that you intend to continue use of your account. mymitra.com credits that are obtained on a promotional basis, or otherwise without charge, may expire, be redeemed or removed from your account or be subject to other limitations at Mithrim Network LLP’s sole discretion, including without limitation the actions described above if your account becomes inactive or is deactivated.

If you deactivate your mymitra.com account pursuant to the Terms of Use, your ability to redeem mymitra.com credits may be terminated, without any right to refund or any other compensation for you. When we cancel or terminate access to your mymitra.com credits account balance for violating these VGC Terms of Use or the Terms of Use, your right to use your mymitra.com credits account balance immediately ceases.

Further, we may suspend or otherwise limit your access to your mymitra.com credits if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account. When we suspend or limit access to your mymitra.com credits account balance, your right to use your mymitra.com credits account balance immediately ceases.

We may limit your use of the mymitra.com credits service by applying limits to: the number of mymitra.com credits you may have credited to your account balance at one time; the number of mymitra.com credits you may redeem within a given time period (for example, one day); the number of promotional mymitra.com credits you may obtain in a single event; and other features and uses determined by us in our sole discretion.

If we post mymitra.com credits to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those mymitra.com credits from your account. You must ensure that we properly post your mymitra.com credits to your mymitra.com credits account. If you believe that you have validly acquired mymitra.com credits that we have not posted to your mymitra.com credits account, you must contact us within ninety (90) days after the date you claimed to have acquired those mymitra.com credits. We may require reasonable documentation to support your claim.

5. VIRTUAL GOODS

In our sole discretion, we may offer you the opportunity to redeem mymitra.com credits for access to certain Virtual Goods through our Services. As part of these Services, and subject to the Terms of Use and these VGC Terms of Use, we grant you a limited, non-transferable, revocable license to use the Virtual Goods through our Services and send them to other users for use through the Services. Regardless of the use of the terms "purchase," "buy," "sell," "order" or the like on our Services or in these VGC Terms of Use, you do not own any Virtual Goods and acknowledge that the Virtual Goods are a service of Mithrim Networks LLP and that you have only a license to use the Virtual Goods in accordance with these VGC Terms of Use. All use of the Virtual Goods is for personal, non-commercial use only. We will use commercially reasonable efforts to make Virtual Goods you have purchased available for use within a reasonable period of time after purchase. If you violate the Terms of Use or deactivate your mymitra.com account, our offering of Virtual Goods, and your license to any Virtual Goods, may also be cancelled, without any right to compensation for you.

The existence of a particular Virtual Good available for redemption with mymitra.com credits is not a commitment by us to maintain or continue to make the particular Virtual Good available in the future. We may revise, discontinue, or modify Virtual Goods at any time without notification to you. We will have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item or service is unavailable or we may cancel your purchase.

The length of time you or your recipients may have access to Virtual Goods you purchase will be determined by us in our sole discretion. The images and other content included as part of Virtual Goods is part of our Proprietary Materials (as defined in the Terms of Use) and is subject to all terms and conditions regarding such Proprietary Materials as set forth in the Terms of Use. In addition, any message or other content that you may include with Virtual Goods must comply with all terms and conditions regarding content as set forth in the Terms of Use. Without limiting any of the foregoing, neither you nor any potential recipient of a Virtual Good may reproduce, distribute, transfer, modify or otherwise use Virtual Goods in any manner other than as expressly authorized by Mithrim Networks LLP.

6. ERRORS

While we attempt to be as accurate as possible and eliminate errors associated with our Services, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on our Services, in an order confirmation, in processing an order, delivering a Virtual Good or mymitra.com credits or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit (including issuing, at our option, mymitra.com credits as described above), with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, click here (make sure you choose the topic “Billing Questions” in the form). You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.

7. DISCLAIMERS

ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE OUR SERVICES, INCLUDING MYMITRA.COM CREDITS AND VIRTUAL GOODS, ARE PROVIDED "AS-IS" AND MITHRIM NETWORKS LLP, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

8. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MITHRIM NETWORKS LLP OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY VIRTUAL GOODS OR MYMITRA.COM CREDITS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF MITHRIM NETWORKS LLP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MITHRIM NETWORKS LLP’S AND ITS LICENSORS’ AND SUPPLIERS TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. INDEMNITY

You agree to indemnify and hold Mithrim Networks LLP, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorneys fees, due to or arising out of your purchase or use of any Virtual Goods or mymitra.com credits or other products or services made available through Services, any termination or suspension of your account or right to use Virtual Goods or mymitra.com credits or any violation of these VGC Terms of Use, the Terms of Use, of any law or the rights of any third party.

10. MISCELLANEOUS

These VGC Terms of Use constitute the entire agreement between you and Mithrim Networks LLP regarding the subject matter set forth herein, and supersede all prior and contemporaneous agreements regarding the same. If any provision of these VGC Terms of Use is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Mithrim Networks LLP to exercise or enforce any right or provision in these VGC Terms of Use shall not operate as a waiver of such right or provision. Other than any entities that Mithrim Networks LLP owns a 50% or greater interest in, there are no third-party beneficiaries to these VGC Terms of Use and no third party who is not a party to this agreement shall have any right to enforce any term of these VGC Terms of Use. In the event of a conflict between these VGC Terms of Use and the Terms of Use with respect to the terms of conditions of the mymitra.com credits or any Virtual Good, these VGC Terms of Use shall be controlling.