Please read these terms carefully before using this website.

 

These Terms of Use (as defined herein below) are made between Vyakti and you as a “Site Visitor” and/or “User.”

 

By using and/or visiting this website (“Vyakti”), (collectively, including all content available through the theswaddle.com domain name, (the “Website” or “Site”) you signify your assent and become legally bound to both these terms and conditions (“Terms of Use”) and the terms and conditions of Vyakti’s Privacy Policy (the “Privacy Policy”), which is published on the Website for reference.

 

CHANGES:

Your access to the Website is subject to the terms and conditions of use. These Terms of Use are for an indefinite term and you understand and agree that you are bound by such terms any time you access the Website. We reserve the right at any time to change the Terms of Use in any or all of the content, products, features and services or change/charge any fees or charges for use of the services contained on the Website without prior notice. You will be deemed to have accepted such change/s if you continue to access the website subsequent to such changes. Any changes to the Terms of Use will be reflected on this page.

 

THE PROVISIONS GOVERNING YOUR USE OF Vyakti WEBSITE:

Vyakti is an online site and has its principal place of business at Mumbai, India. Please note that these Terms of Use apply to all Users of the Website, including Users who are also contributors of content, information, and other materials or services on the Website.

 

LINKS TO THIRD PARTY WEBSITES:

The Website may contain links to third party websites that are not owned or controlled by Vyakti. Vyakti has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Vyakti will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Vyakti from any and all liability arising from your use of this Website and any third party website as described above.

 

Vyakti WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.

 

USE OF WEBSITE:

Access to the website is only for personal, non-commercial use. The user undertakes not to alter, modify or change any part of the Website without prior written authorization from the website. Any unauthorised or illegal access to the website is strictly prohibited and may lead to legal action by Vyakti. The contents of the Website represent the personal opinions of the authors; the Website does not subscribe to the views of the authors and does not in any way confirm or deny the opinion expressed therein, and these shall not be treated as the opinions of Vyakti.

 

Vyakti hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, non- commercial use; (ii) you will not copy or distribute any part of the Website in any medium without Vyakti’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

 

REGISTRATION AND SECURITY:

In order to access some features of the Website, you may in the future have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vyakti immediately of any breach of security or unauthorized use of your account. Although Vyakti will not be liable for any losses caused by unauthorized use of your account, you may be liable for the losses to Vyakti or others due to such unauthorized use. In consideration of your use of the Website and services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

 

You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of another person without appropriate authorization. Vyakti reserves the right to refuse registration of, or cancel a User ID in its discretion.

 

The Website, including the services provided on the Website, are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Vyakti. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Vyakti services.

 

CONTENT NOT TO BE CONSTRUED AS MEDICAL ADVICE

THE CONTENT PRESENTED ON THE WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THIS WEBSITE DOESNOT ENDORSE ANY MEDICAL TREATMENT, SPECIFIC TESTS, PHYSICIANS PRODUCTS, OR PROCEDURES. FOR ANY ISSUES RELATING TO YOUR SPECIFIC MEDICAL CONDITION, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIER. NOTHING ON THIS SITE SHOULD BE CONSTRUED AS A SUBSTITUTE FOR PERSONALIZED CARE FROM A QUALIFIED HEATLHCARE PROFESSIONAL. NEITHER THESWADDLE NOR ITS PUBLISHED CONTRIBUTORS SHALL BE RESPONSIBLE FOR ANY TREATMENT OR ACTION TAKEN BY THE USER BASED ON THE INFORMATION PROVIDED ON WWW.THESWADDLE.COM.

 

INTELLECTUAL PROPERTY RIGHTS AND RE- TRANSMISSION OF INFORMATION:

Vyakti, as well as the design and information contained in this Website is the valuable, exclusive property of Vyakti, and nothing in these Terms of Use shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. Content on the Website, including the trademarks, service marks, and logos, are owned by or licensed to Vyakti, subject to copyright and other intellectual property rights under Indian law and conventions. Content is provided to you for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and Vyakti.

 

You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share Vyakti, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by Vyakti prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of Vyakti without prior written authorization.

 

Vyakti reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

DOMAIN NAME/TRADE MARK:

Vyakti is a proprietary registered domain name. The combination of Vyakti graphic and lettering depicted at the top of the Website homepage is a Trademark and cannot be used without Vyakti’s express permission.

 

COPYRIGHT:

All content available on this Website is protected by copyright law (depicted as ©Vyakti All rights reserved).

 

DELAYS IN SERVICES:

Vyakti shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.

 

SUBMISSIONS TO THE WEBSITE:

You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted (“Posts”) on the Website, and any material or information that you transmit to other users for your interactions with other users. Vyakti does not endorse and has no control over Posts. Posts are not necessarily reviewed by Vyakti prior to publication and they do not necessarily reflect the opinions or policies of the Website. Vyakti makes no warranties, express or implied, as to the Posts submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the Posts submitted by users or any material or information that you transmit to other Users.

 

Under no circumstances, we will be liable in any way for any Post, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any Post, or for any loss or damage of any kind incurred as a result of the use of any such content posted or uploaded. By posting comments, you agree not to upload, post, or otherwise transmit any matter or views which are threatening, defamatory, abusive, obscene, offensive, illegal, or constitute infringement of others’ rights including intellectual property rights, invade another’s privacy, or are hateful or racially, ethnically, or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person or User or download any file posted by another User, that you know, or reasonably should know, cannot be legally distributed in such manner.

 

Vyakti reserves the right to, but has no obligation to, monitor disputes between you and any entity about which you have created a Post.

 

In addition to what is stipulated above, the following is a non-exhaustive list of the kind of Post and communications that are illegal or prohibited on/through the Website. Vyakti reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website service and terminating the membership of such violators or blocking your use of Vyakti service and/or the Website.

 

You may not create Posts that:

 

are false or intentionally misleading;

are patently offensive to Users of the Website, such as Posts or messages that promote

racism, bigotry, hatred, or physical harm of any kind against any group or individual;

harass or advocate harassment of another person;

involve the transmission of unsolicited mass mailing or “spamming”;

promote illegal activities or conduct that is abusive;

are threatening, obscene, defamatory, or libelous.

IMPORTANT USAGE CONDITIONS AND RELATED PROVISIONS:

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Vyakti does not guarantee any confidentiality with respect to any submissions. Further we assume no responsibility as to the accuracy and authenticity of the content of the User Submissions. However the User Submissions shall be in accordance with the following guidelines:

 

You declare and undertake that the User Submission is the original work and that you own the copyright and other relevant licenses, rights, consents, and permissions to use and authorise Vyakti to use;

You retain all ownership rights in your User Submissions;

You grant us a non-exclusive, perpetual, royalty-free, worldwide, sub-licensable and transferable license to republish any material you submit to us in any format, including, without limitation, print and electronic format;

You undertake and confirm that the User Submissions does not contain anything obscene, offensive, defamatory of any person or otherwise illegal;

You agree that the User Submissions is not misrepresentations that could damage Vyakti or any third party;

You agree not to post material including spamming which is deliberately intended to upset other users.

DISCLAIMER:

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Vyakti, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Vyakti MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. Vyakti DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Vyakti WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

INCLUSION OF ANY LINKED WEBSITE ON THE WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY Vyakti. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. Vyakti TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE WEBSITE OR THROUGH Vyakti, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. Vyakti IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF Vyakti. Vyakti ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE. Vyakti IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF Vyakti SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH Vyakti SERVICES. UNDER NO CIRCUMSTANCES SHALL Vyakti BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF Vyakti SERVICES, ATTENDANCE AT A Vyakti EVENT, FROM ANY CONTENT POSTED ON OR THROUGH Vyakti SERVICES, OR FROM THE CONDUCT OF ANY USERS OF Vyakti SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN CONTRACT TORT OR OTHERIWSE. Vyakti SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND Vyakti EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Vyakti CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.

 

LIMITATION OF LIABILITY:

IN NO EVENT SHALL Vyakti, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION OR DATA WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT Vyakti SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

Vyakti makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.

 

INDEMNITY:

You agree to defend, indemnify and hold harmless Vyakti, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorney’s fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the Website; (ii) your violation or non- compliance of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

 

We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

 

conform to legal requirements or comply with legal process;

protect and defend our rights or property or our affiliated companies;

enforce the Terms of Use; or

act to protect the interest of our members or others.

Our performance of these Terms of Use are subject to compliance with existing laws, rules, regulations, as may be applicable, and legal processes and nothing contained in these Terms of Use are in derogation of our rights to comply with any governmental, court and law enforcement requests or requirement relating to your use of the Website or services or information provided to or gathered by us with respect to such use.

 

ABILITY TO ACCEPT TERMS OF USE:

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

ASSIGNMENT:

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vyakti without restriction.

 

GOVERNING LAW AND ARBITRATION:

These Terms of Use shall be governed by and construed in accordance with the laws of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Mumbai, India.

 

MISCELLANEOUS:

You agree that: (i) the section titles in these Terms of Use are for convenience only and have no legal or contractual effect; and (ii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and Vyakti. Nothing contained in these Terms of Use shall constitute you as the agent of Vyakti or otherwise entitle you to have authority to bind Vyakti for any purpose.

 

These Terms of Use together with the Privacy Policy and any other legal notices published by Vyakti on the Website, shall constitute the entire agreement between you and Vyakti concerning the Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Vyakti’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Vyakti reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

 

You and Vyakti agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues, otherwise the cause of action is permanently barred.

 

CONTACT:

Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to Vyaktimultimedia@gmail.com