| 1.1 |
These
Rules and Terms of Service comprises the
complete Agreement and Contract between
you ("Member") and Orangepie.com
(Orangepie) in relation to the service/s
provided by Orangepie at its web site,
http://www.Orangepie.com
("the Site") and supersedes
all previous agreements, contracts and
communications (oral or written) in this
behalf. By completing the online electronic
registration process and clicking the
"I Accept" button, you bind
yourself to the provisions of these Rules
and Terms of Service. |
| 2.0 |
Descripitions |
| 2.1 |
"Orangepie"
means the company, corporation, firm,
individual or association of persons currently
administering, providing content for,
maintaining and otherwise managing the
Site and every employee of Orangepie and
its advertising agent or agents for the
time being and their employees, and every
consultant, advisor and associate of Orangepie
and their respective employees. |
| 2.2 |
"Contest"
means any contest, promotion, gift scheme,
sweepstakes, lottery, lucky draw, subscription
offer or any other scheme by whatever
name called involving an element of chance
with or without an accompanying test of
any skill, aptitude or talent. |
| 2.3 |
"Contest
Provider" means every company, firm
or body corporate (including Orangepie)
that institutes or offers to every Member
through the services provided by Orangepie
at the Site any Contest; and includes
all its employees, its advertising agents
and their employees. |
| 2.4 |
"Contract",
"Agreement" and "Terms
of Service" refer to the terms and
conditions herein set forth. |
| 2.5 |
"Employee"
means every person working in any capacity
for the Contest Provider or Orangepie
as defined herein and includes every member
of his family and every person residing
in his household as a member of his family. |
| 2.6 |
"Hosting",
with all its grammatical variations, means
and includes the provision of Services
by Orangepie at the Site and subject always
to the provisions of the Contract. |
| 2.7 |
"Id"
means the unique identification name or
number assigned to every Member. |
| 2.8 |
"Member"
means and includes every person who, having
satisfied the Eligibility Criteria set
forth herein, has successfully completed
the on-line registration process at the
Site and has been assigned a unique Id
by Orangepie and is not in default and
has not committed breach of any of the
terms of this Agreement. |
| 2.9 |
"Personal
Information" means all information
about the Member provided to Orangepie
via on-line forms at the Site or by any
other means of communication, whether
electronic, oral or written. |
| 2.10 |
"Privacy
Policy" means and refers to the statement
of confidentiality separately set forth
by Orangepie on the Site at http://www.Orangepie.com/privacy.htm |
| 2.11 |
"Site"
with all its grammatical variations refers
to the web site hosted on the Internet/World
Wide Web with the address of http://www.Orangepie.com
or such other address as may periodically
be assigned to or adopted by Orangepie. |
| 2.12 |
"Services"
has the meaning set out in Clause 4.0
of this Agreement. |
| 2.13 |
"Winning"
with all its grammatical variations means
and includes any prize, cash, gift, exchange
coupon or certificate and every other
item of like nature that is or may be
offered by the Contest Provider as the
final result of any Contest hosted by
Orangepie on the Site; and "winner"
means a Member who is entitled as the
result of any Contest to receive a winning. |
| 3.0 |
Interpretation |
| 3.1 |
Words
conveying the singular shall, where required
or appropriate, be deemed to mean and
include the plural. Words conveying the
masculine gender shall be deemed to mean
and include the feminine gender. |
| 4.0 |
Service
by Orangepie |
| 4.1 |
Orangepie
offers the Member, on an "as-is"
and "when available" basis,
the opportunity to participate in all
contests, promotions, games scheme hosted
for the time being on the Site by Orangepie
on behalf of one or more Contest Providers. |
| 4.2 |
It
is clearly agreed and understood by the
Member that it is the responsibility of
the Member to carefully read the text
accompanying each Contest on each Contest
page to determine whether the Contest
is being offered by conducted by a Contest
Provider or by Orangepie. By signifying
acceptance of these terms, Member accepts
that the service being offered by Orangepie
is intended to facilitate the Member being
able to participate in more than one contest
at a single location with minimal inconvenience. |
| 5.0 |
Consideration
for Service
- In consideration for this Service, the
Member hereby: |
| 5.1 |
agrees
to provide Orangepie such current, complete,
and accurate information about the Member
("Personal Information") as
may be required by Orangepie via the Site. |
| 5.2 |
agrees
maintain and update this information as
required to keep it current, complete
and accurate. |
| 5.3 |
unconditionally
grants to Orangepie the right to disclose
to the Contest Providers the Personal
Information about the Member. |
| 5.4 |
agrees
and undertakes to participate only as
per the Contest rules and regulations
stated on the specific contest pages on
the Site. |
| 5.5 |
agrees
and undertakes to maintain the absolute
confidentiality of his Id and not to disclose
the same to any other person or entity
whatsoever at any time under any circumstances
and further agrees and undertakes to forthwith
notify Orangepie of any breach of the
aforesaid confidentiality, loss, misplacement,
theft, misuse or abuse of the Id. |
| 6.0 |
Right
of Modification, Termination and Discontinuance |
| 6.1 |
At
all times, Orangepie shall have the absolute
right to modify, discontinue or terminate
the Service without notice to the Member. |
| 6.2 |
It
is expressly agreed and understood by
the Member that Orangepie shall not be
liable to the Member or to any third party
for such modification, discontinuance
or termination. |
| 6.3 |
The
Member shall be entitled to discontinue
his membership by written communication,
duly authenticated, delivered to Orangepie
at the address specified on the Site for
the said purpose. |
| 7.0 |
Right
of Termination of Membership |
| 7.1 |
If,
in the sole opinion of Orangepie, the
reasons wherefor Orangepie shall not be
bound to disclose, the Member has contravened
or committed breach of any of the terms
of this Agreement, Orangepie shall be
entitled, without any notice, to terminate
the Membership of the Member and to revoke
his Id. |
| 7.2 |
It
is expressly agreed and understood by
the Member that any breach or default
by the Member of any of the provisions
of this Agreement shall result in the
immediate cancellation of his Membership
and revocation of his Id without notice. |
| 7.3 |
Orangepie
and its employees shall at no time be
in any way liable or responsible to the
Member or to any other person for any
such cancellation of Membership and revocation
of Id, provided that, Orangepie shall
be entitled to all its rights and remedies
against the Member for any loss or damage
or prejudice that may have been caused
to Orangepie on account of any such breach
or default by the Member. |
| 8.0 |
Indemnity
by Member |
| 8.1 |
The
Member agrees and undertakes to indemnify
and hereby indemnifies and keeps safe
and harmless Orangepie from all loss,
claim, demand, damage, costs, charges
(including legal fees and charges) or
prejudice that may be caused on account
of the Member's use of the Service offered
by Orangepie at the site. |
| 8.2 |
The
Member agrees and undertakes to indemnify
and hereby indemnifies and keeps safe
and harmless Orangepie from all loss,
claim, demand, damage, costs, charges
(including legal fees and charges) or
prejudice that may be caused on account
of the Member's default or breach of any
of the terms of this Agreement. |
| 9.0 |
Eligibility
Criteria |
| 9.1 |
All
Contests hosted by Orangepie at the site
are open to all persons except the Contest
Provider and Orangepie as defined in this
Agreement. |
| 9.2 |
Every
Contest hosted by Orangepie shall also
be subject to the any local, State, Central,
Federal or community laws regarding the
same applicable to every Member. |
| 10.0
|
Disclaimer
and Limitation of Liability -
Subject to any local, State, Federal or
other applicable statute - |
| 10.1 |
All
warranties of any kind whatsoever, whether
express or implied, are hereby expressly
disclaimed by Orangepie including, but
not limited to, meeting of the Member's
requirements or aspirations, timeliness,
security, uninterruptedness, error-free,
the results or reliability of any Contest,
or the delivery, quality, quantity, merchantability,
fitness for use or non infringement in
respect of any goods, services, emoluments,
benefits or awards acquired or obtained
through the Service or any transactions
effected through the Service. |
| 10.2 |
The
Member expressly agrees that his use of
the Service provided by Orangepie is at
the Member's sole risk and is governed
by the terms of this Agreement. |
| 10.3 |
No
advice or information, whether by representations
oral, written or pictorial derived from
the Site or through the Service shall
be construed to mean the giving of any
warranty of any kind by Orangepie. |
| 10.4 |
At
no time shall Orangepie be liable to the
Member or to any third party for the acts
of omission or commission by any Contest
Provider whose Contest is or has been
hosted by Orangepie on the Site or for
any direct, indirect, incidental, consequential
or foreseeable loss, damage, injury, harm,
prejudice or costs that that may arise
or be caused to the Member by his use
of the Service offered by Orangepie at
the Site or by termination of membership
as provided herein. |
| 11.0 |
Winnings |
| 11.1 |
Intimation
that a Member is a Winner of any Contest
hosted by Orangepie will be sent by Orangepie
by email and by the Contest Provider by
such mode of delivery as the Contest Provider
considers appropriate. |
| 11.2 |
Unless
the Contest Provider is Orangepie,
| 11.2.1 |
all
winnings will be delivered and supplied
to the Winners by the Contest Provider
only; and |
| 11.2.2 |
Orangepie
shall not be liable or responsible
for the delivery, non delivery,
late delivery, quality, quantity
or fitness of any winning. |
|
| 11.3 |
Where
Orangepie is the Contest Provider its
liability is limited to, and only to,
assuring the delivery of the winning within
a reasonable period of time to the winner
and does not extend to any other warranty
or assurance whatsoever. |
| 11.4 |
All
winnings will be subject to local, State,
Federal and Central taxes and duties. |
| 12.0 |
Interpretation
of this Agreement |
| 12.1 |
The
decision of Orangepie as to the interpretation
of any Clause of this Agreement shall
be final and binding on the Member. |
| 13.0
|
Arbitration |
| 13.1 |
All
disputes and differences between the parties
hereto including as to the interpretation
of any provision of this Agreement shall
be referred to the Sole Arbitration of
a person nominated by Orangepie and the
provisions of the Arbitration and Conciliation
Act, 1996 will apply to such arbitral
proceedings. |
| 14.0 |
Copyright |
| 14.1 |
Unless
otherwise specifically noted, the copyright
in all images, text and material on the
Site belongs to and vests in Orangepie
and/or the Contest Providers under separate
arrangements between Orangepie and the
Contest Providers. |
| 14.2 |
Unauthorised
reproduction of any text, image or other
material without the prior written permission
of Orangepie, in any form whether printed
or electronic, is strictly prohibited
and violations will be prosecuted to the
full extent of the law. |
| 15.0 |
Applicable
Law and Juridiction |
| 15.1 |
This
Agreement shall be governed by and construed
in accordance with the applicable laws
in India. |
| 15.2 |
This
Agreement shall be deemed to have been
entered into Bombay (Mumbai), India and
the courts in Bombay (Mumbai) alone will
have exclusive jurisdiction to entertain
any proceedings in any way relating to
or concerning this Agreement or any rights,
duties, obligations or liabilities arising
thereunder. |
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