Terms & Conditions

By using the Teleshoppe.com web site, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

 

ACKNOWLEDGMENT & ACCEPTANCE

Unless otherwise indicated Teleshoppe.com Services (referred to as the "Service") is provided to you free of charge. In its discretion, Teleshoppe.com reserves the right to charge fees for or discontinue any part of the Service at any time.

By registering and/or using and/or visiting the Service, including but not limited to the products, services, content, applications or other features that may be available from time to time in connection with the Service, you agree that you have read and understood this Agreement ("Agreement") and that your membership in the Service shall conform to both its terms and conditions ("Terms of Service") and its privacy policy as stated explicitly in this document.

The Service is operated by SV Mobile Teleshoppe Private Limited and therefore this Agreement is between the subscriber ("You" or "Member") and SV Mobile Teleshoppe Private Limited. Teleshoppe.com is a website owned by SV Mobile Teleshoppe Private Limited. Wherever the term "Teleshoppe.com" is used in this document it represents the company SV Mobile Teleshoppe Private Limited and the services provided through Teleshoppe.com.

Each time you use or access Teleshoppe.com you are responsible for being familiar with any changes or modifications to these Terms of Service, which may occur from time to time. In the event we modify these Terms of Service, Teleshoppe.com reserves the right, and at its full discretion and without any obligation, to provide you notice of such changes to any e-mail or postal address you may have provided to Teleshoppe.com.

You can review the latest version of the Terms of Service at www.Teleshoppe.com.

THE SERVICE

We offer you a unique mobile identity (keyword) on our short code. You can search and choose a unique mobile identity (keyword) on Teleshoppe.com.

You can assign your own content to your unique mobile identity (Keyword).

You can activate standard sub-keywords under your unique mobile identity and assign your own content to each Sub-keyword. Alternatively you can rename the Sub-keywords.

Through the above steps, you can maintain your chosen content to be accessible by people who interact with your unique mobile identity via the short code.

TERMS OF SERVICE

You MUST be able to understand and accept these Terms of Service and abide by its terms.

Should you decide to register and become a member, the registration information you MUST provide shall be accurate and truthful and you agree to maintain this information from time to time.

You MUST be at least 18 years of age or older.

You MUST provide correct/true information about your profile. Teleshoppe.com has the right to verify the information you provide. If this information changes you must immediately update your profile by logging in to Teleshoppe.com.

You are not allowed to use proxy servers.

By filling out the registration form you are applying to receive a Service. No employee-employer relationship is created by your use of the Teleshoppe.com web site and its services. Teleshoppe.com is under no obligation to offer its services to you.

You agree not to abuse the Service privileges by conduct which is detrimental to the interests of SV Mobile Teleshoppe Private Limited.

MEMBER ACCOUNTS

Teleshoppe.com may refuse to accept your application for the Service for any reason.

You will receive password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your account password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. SV Mobile Teleshoppe Private Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

MEMBERS CONDUCT

You agree to only use the Service in a manner that is consistent with the Terms of Service and in such a way as to ensure compliance with all applicable laws and regulations.

You shall ensure that your personal profile is up-to-date and accurate. You agree to promptly notify us of any change in your address (postal or email) or personal profile by updating your personal information at the Service Web site. Not doing so will result in the account being frozen or nullified.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

No Unauthorized Manipulation of the Service. You may not in any way interfere with the proper operation of the Service.

No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity.

CONTENT SUBMISSION

When you provide any submissions to Teleshoppe.com, you understand and accept complete responsibility for your submissions, including any and all consequences that may arise. You may not create a user name, post, upload, email or otherwise transmit to Teleshoppe.com submissions of any kind that is, within the sole discretion of Teleshoppe.com, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:

infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;

promoting infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;

material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;

offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;

libellous or defamatory or promotes information that you know is false or illegal;

violates the privacy of others, including but not limited to posting the photograph of another person without that personís consent;

obscene, vulgar or contains profanity; pornographic or sexually explicit or contains nudity;

exploits or attempts to exploit people in a sexual or violent manner;

disparaging to Teleshoppe.com or any third party;

an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;

involves the transmission of any unsolicited mass mailing or mass sms including but not limited to 'junk mail,' 'chain letters', "bulk sms" and 'spam';

contains restricted or password only access pages;

selling, promoting or encouraging the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;

unlawful or illegal, or criminal in nature (such as child pornography, fraud, gambling); otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

INTELLECTUAL PROPERTY RIGHTS AND VIOLATION

When you provide submissions to Teleshoppe.com, you still retain all of your rights of ownership in your submissions. However, by uploading, posting or otherwise transmitting your submissions, you grant Teleshoppe.com (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.

Provided proper notification, Teleshoppe.com will remove submissions that infringe upon the intellectual property rights of another and reserves the right to remove submissions without prior notice. Teleshoppe.com assumes no responsibility for monitoring the Service. In the event it chooses to do so at its discretion, Teleshoppe.com assumes no responsibility for the submissions or any obligation to remove any inappropriate submissions or any responsibility for the conduct of a member submitting inappropriate submissions. At its sole discretion, Teleshoppe.com may remove any submission and/or terminate a memberís account for violating any of these Terms of Service at any time and without notice. Teleshoppe.com will terminate a memberís account who is determined to have been notified of infringing activity and/or has had a submission removed from the Service for infringing activity. Teleshoppe.com reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.

OUR PRIVACY POLICY

You need a Teleshoppe account to use the Service. We ask for some personal information when you create an account.

Your mobile number or any other personal information will not be revealed to anyone outside of Teleshoppe.com.

Teleshoppe.com employees who get access to this information will be under a confidentiality agreement which will ensure protection of your privacy.

Teleshoppe.com only shares personal information with other companies or individuals outside of Teleshoppe.com in the following limited circumstances:

For those ads to which you respond to for more information, we will release your mobile number to the advertiser.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to

(a) satisfy any applicable law, regulation, legal process or enforceable governmental request

(b) enforce applicable Terms of Service , including investigation of potential violations thereof

(c) detect, prevent, or otherwise address fraud, security or technical issues

(d) protect against imminent harm to the rights, property or safety of Teleshoppe, its users or the public as required or permitted by law.

We will share with third parties certain pieces of aggregated, non-personal information, (Aggregate non-personal information" is information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user.). Such information does not identify you individually.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TELESHOPPE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

TELESHOPPE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT

(I) THE SERVICE WILL MEET YOUR REQUIREMENTS;

(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;

(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THROUGH THE SERVICE ADVERTISERS OR PARTNERS WILL MEET YOUR EXPECTATIONS; AND

(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TELESHOPPE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

ACKNOWLEDGMENT & ACCEPTANCE

 

LIMITATION OF LIABLITY

SV MOBILE TELESHOPPE PRIVATE LIMITED SHALL, IN NO EVENT BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN THE SERVICE.

SV MOBILE TELESHOPPE PRIVATE LIMITED SHALL NOT BE RESPONSIBLE FOR DAMAGES OR LOSSES THAT RESULT FROM PARTICIPATING OR INABILITY TO PARTICIPATE IN THE SERVICE, OR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT SV MOBILE TELESHOPPE PRIVATE LIMITED NEITHER ENDORSES THE CONTENTS OF ADVERTISEMENTS OR THIRD PARTIES' WEB SITES, NOR ASSUMES RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THERE FROM, OR ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TELESHOPPE.COM NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SERVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TELESHOPPE.COM DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACT OF OTHER MEMBERS, OR USERS INCLUDING UNAUTHORIZED USERS, OR HACKERS OF THE SERVICE.

NON-TRANSFERABILITY

You are not allowed to share your account with any other individual. Nor are you allowed to transfer accounts to someone else.

Your membership will terminate immediately in the event of your death. Service accounts are not transferable upon death or otherwise by operation of law.

PROPRIETARY RIGHTS TO CONTENT

You acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by Teleshoppe.com or Teleshoppe.coms' advertisers or partners), Service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, Service, or software as expressly authorized by Teleshoppe.com, its advertisers and partners, as the case may be.

Except as expressly authorized by Teleshoppe.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

MODIFICATIONS

Teleshoppe.com reserves the right to change this Terms and Conditions document. It is also your responsibility to check this document periodically for any changes or modifications and you must not rely on e-mails as a sole source of information regarding this Agreement or your membership. Your continued use of Teleshoppe.com constitutes an affirmative acknowledgement by you of the Terms and Conditions and any subsequent modifications made to it and your agreement to abide and be bound by the Terms and Conditions document in its modified form.

We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service

NOTICES

All notices given by us to you will be given by SMS and/or email and/or postal mail and/or by general posting on the Web site.

INDEMNIFICATION

You agree to indemnify and hold us, our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, expense, or damage, (including reasonable legal fees) made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, content you submit, post to or transmit through the Service or your violation of any rights of another.

MISCELLANEOUS

TERMS AND CONDITIONS and the relationship between you and Teleshoppe.com shall be governed by the laws of India without regard to its conflict of law provisions. You and Teleshoppe.com agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi.

This Agreement constitutes a complete and exclusive understanding between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter provided that nothing in this Agreement seeks to limit or exclude any right either party may have in respect of fraudulent misrepresentation.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

If any part of these Terms is unenforceable (including any provision by which Teleshoppe.com excludes its liability to the Member), the enforceability of any other part of these Terms will not be affected.