STREETBUZZ Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the privacy policy and Terms of Use for access or usage of the StreetBuzz Application and Website.
The domain name www.street.buzz (hereinafter referred to as “Website”) is owned by Crowd Communications Technology Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Flat no- 004, Umiya Laburnum Apartments, 25 MSO Colony, Maruthi Seva Nagar, Behind ITC, Bangalore- 560005, India (hereinafter referred to as “CCTPL”) via its business unit, StreetBuzz (hereinafter referred to as “StreetBuzz”).
This Terms of Use governs your use of the software application STREETBUZZ (“Application”) for mobile devices that was created by Crowd Communications Technology Private Limited. By accessing or using the Website and services and tools and any applications (including mobile applications) (collectively the “Services”), however accessed, you agree to be governed and bound by the following terms and conditions (“Terms of Use”) as applicable to the Services including the applicable policies which are incorporated herein by way of reference. If you transact on the Website or use the Services, you shall be subject to the policies that are applicable to the Services for such transaction. By mere use of the Services, you shall be contracting with Crowd Communications Technology Private Limited and these terms and conditions including the policies constitute your binding obligations, with CCTPL. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, if there is any conflict between the terms specific to the special feature and these Terms of Use, then such special terms shall override these Terms of Use.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Services by providing Registration Data while registering on the Services as Registered User using the computer systems or mobile phones. CCTPL allows User to surf the Services or making purchases without registering on the Services. The term “we”, “us”, “our” shall mean Crowd Communications Technology Private Limited.
When you use any of the Services, including but not limited to information provided in the Application or Website (e.g. Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
ACCESSING, BROWSING OR OTHERWISE USING THE APPLICATION AND/OR THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by the StreetBuzz Privacy Policy
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND STREETBUZZ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms
Use of the Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Services. If you are a minor i.e. under the age of 18 years, you shall not register as a member of StreetBuzz and shall not transact or use Services. As a minor if you wish to use or transact on Services, such use or transaction may be made by your legal guardian or parents on the Services. CCTPL reserves the right to terminate your membership and/or refuse to provide you with access to the Services if it is brought to CCTPL’s notice or if it is discovered that you are under the age of 18 years.
By using the Services, you shall be responsible for maintaining the confidentiality of your Login Name and Password, and you shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by you that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Services and refuse you access to the Services.
You are responsible for any activity that occurs under your Login Name and you agree you will not sell, transfer, license or assign your account, followers, Login Name, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, CCTPL/ StreetBuzz prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to StreetBuzz upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
When you use the Services or send emails or other data, information or communication to CCTPL/ StreetBuzz, you agree and understand that you are communicating with CCTPL/ StreetBuzz through electronic records and you consent to receive communications via electronic records from the CCTPL/ StreetBuzz periodically and as and when required. CCTPL/ StreetBuzz may communicate with you by messages, email or by such other mode of communication, electronic or otherwise.
The Services is a platform that Users utilize to meet and interact with one another. CCTPL/ StreetBuzz is not and cannot be a party to or control in any manner any transaction between the Services’s Users. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that StreetBuzz is not responsible or liable for the conduct of any user. StreetBuzz reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content (defined below) or any personal or other information.
You agree, undertake and confirm that your use of Services shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains inappropriate or objectionable video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Services or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Services or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
You agree that you will not solicit, collect or use the login credentials of other StreetBuzz users.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve our right to bar any such activity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of Services including any account on the Services not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms StreetBuzz, street.buzz, or otherwise engage in any conduct or action that might tarnish the image or reputation of StreetBuzz or sellers on the StreetBuzz platform or otherwise tarnish or dilute any of StreetBuzz’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or StreetBuzz’s systems or networks, or any systems or networks connected to StreetBuzz.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Services or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CCTPL/ StreetBuzz and/or others.
You are solely responsible for your conduct and any data, text, files, information, graphics, user interfaces, visual interfaces, Login Names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Services.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Services you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
We depend heavily upon Users to let us know about Content that may violate our policies. After we are notified of a potential policy violation, we may review the content and take action, including restricting access to the content, removing the content, refusing to print the content and limiting or terminating a User’s access to StreetBuzz product(s). Note that we may make exceptions to these policies based on artistic, educational, or documentary considerations, or when there are other substantial benefits to the public from not taking action. We may also remove content that violates applicable local laws. To report content that You believe should be removed based on local laws, please write to admin@migrate.woo.report.
Violation of these Terms of Use may, in StreetBuzz’s sole discretion, result in termination of your StreetBuzz account. You understand and agree that StreetBuzz cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for StreetBuzz, we can stop providing all or part of the Service to you.
You release and indemnify CCTPL/ StreetBuzz and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Services and categorically waive any claims that you may have pursuant to this under any applicable law. Notwithstanding its reasonable efforts in that behalf, CCTPL/ StreetBuzz cannot take responsibility or control the information provided by other users which is made available on the Services. You may find other user’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Be cautious and practice safe trading when using the Services. There could be risks in dealing with underage persons or people acting under false identity.
General Conditions
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your StreetBuzz account by uninstalling the StreetBuzz application following normal application uninstall processes from your phone. If we terminate your access to the Services or you deactivate your account, your posts, cards, comments, likes, ratings, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your Login Name and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any Login Name for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
There shall be links from the Services, or from communications you receive from the Services, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Services. The Services also includes third-party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. CCTPL/ StreetBuzz does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that CCTPL/ StreetBuzz is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Services profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Services being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if StreetBuzz has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the StreetBuzz Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Services.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with StreetBuzz’s express consent).
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Rights
StreetBuzz does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to StreetBuzz a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services, subject to the StreetBuzz’s Privacy Policy, available here http://street.buzz/privacypolicy/.
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at http://street.buzz/privacypolicy/. If you object to your information being transferred or used in this way please do not use Services.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that StreetBuzz may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
The Services contains content owned or licensed by StreetBuzz (“StreetBuzz Content”). StreetBuzz Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and StreetBuzz, StreetBuzz owns and retains all rights in the StreetBuzz Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the StreetBuzz Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the StreetBuzz Content.
The StreetBuzz name and logo are trademarks of StreetBuzz, and may not be copied, imitated or used, in whole or in part, without the prior written permission of StreetBuzz. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of StreetBuzz, and may not be copied, imitated or used, in whole or in part, without prior written permission from StreetBuzz.
Although it is StreetBuzz’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, StreetBuzz reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by StreetBuzz, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, StreetBuzz encourages you to maintain your own backup of your Content. In other words, StreetBuzz is not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. StreetBuzz will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that StreetBuzz is not responsible for, and does not endorse, Content posted within the Services. StreetBuzz does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
Except as otherwise described in the StreetBuzz’s Privacy Policy, available at http://street.buzz/privacypolicy/, as between you and StreetBuzz, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with StreetBuzz is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place StreetBuzz in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of StreetBuzz, and StreetBuzz will not be liable for any use or disclosure of any Content you provide.
It is StreetBuzz’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, StreetBuzz does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that StreetBuzz is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
We respect other people’s rights, and expect you to do the same.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
In case you feel that your work has been copied in any way that constitutes copyright infringement or any violation of your IP rights you can write to admin@migrate.woo.report.
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Breach
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Services in the event, but not limited to:
If you breach these Terms of Use or StreetBuzz Privacy Policy or other Policies, if any;
If we are unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you, other users or us.
We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Services in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or StreetBuzz Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
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Disclaimer of Warranties
THE SERVICEs, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ALL MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES AND STREETBUZZ CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT AS SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CCTPL NOR STREETBUZZ NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “STREETBUZZ PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICEs; (B) THE STREETBUZZ CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO STREETBUZZ OR VIA THE SERVICE. IN ADDITION, THE STREETBUZZ PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE STREETBUZZ PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE STREETBUZZ PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE STREETBUZZ PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE STREETBUZZ PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE STREETBUZZ PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. STREETBUZZ WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENT OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICES. STREETBUZZ DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THEIR SERVERS OR ELECTRONIC COMMUNICATION SENT FROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE STREETBUZZ PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE STREETBUZZ CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE STREETBUZZ PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE STREETBUZZ PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE STREETBUZZ PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE STREETBUZZ PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED INDIAN RUPEES (INR100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF STREETBUZZ’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE STREETBUZZ PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE STREETBUZZ PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY COUNTRY, STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
STREETBUZZ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
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Indemnification
You (and also any third party for whom you operate an account or activity on the Services) shall indemnify and hold harmless CCTPL, StreetBuzz, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Use or StreetBuzz Privacy Policy or other Policies; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by StreetBuzz in the defense of any claim. StreetBuzz reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of StreetBuzz.
Arbitration
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Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
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Arbitration
All disputes between you and StreetBuzz (whether or not such dispute involves a third party) with regard to your relationship with StreetBuzz, including without limitation disputes related to these Terms of Use, StreetBuzz Privacy Policy, other Policies, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration governed by the Indian Arbitration and Conciliation Act, 1996, with the arbitration venue always being in Bangalore, India. Neither you nor StreetBuzz will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if StreetBuzz is a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. This arbitration agreement will survive the termination of your relationship with St
STREETBUZZ Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the privacy policy and Terms of Use for access or usage of the StreetBuzz Application and Website.
The domain name www.street.buzz (hereinafter referred to as “Website”) is owned by Crowd Communications Technology Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at Flat no- 004, Umiya Laburnum Apartments, 25 MSO Colony, Maruthi Seva Nagar, Behind ITC, Bangalore- 560005, India (hereinafter referred to as “CCTPL”) via its business unit, StreetBuzz (hereinafter referred to as “StreetBuzz”).
This Terms of Use governs your use of the software application STREETBUZZ (“Application”) for mobile devices that was created by Crowd Communications Technology Private Limited. By accessing or using the Website and services and tools and any applications (including mobile applications) (collectively the “Services”), however accessed, you agree to be governed and bound by the following terms and conditions (“Terms of Use”) as applicable to the Services including the applicable policies which are incorporated herein by way of reference. If you transact on the Website or use the Services, you shall be subject to the policies that are applicable to the Services for such transaction. By mere use of the Services, you shall be contracting with Crowd Communications Technology Private Limited and these terms and conditions including the policies constitute your binding obligations, with CCTPL. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, if there is any conflict between the terms specific to the special feature and these Terms of Use, then such special terms shall override these Terms of Use.
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Services by providing Registration Data while registering on the Services as Registered User using the computer systems or mobile phones. CCTPL allows User to surf the Services or making purchases without registering on the Services. The term “we”, “us”, “our” shall mean Crowd Communications Technology Private Limited.
When you use any of the Services, including but not limited to information provided in the Application or Website (e.g. Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
ACCESSING, BROWSING OR OTHERWISE USING THE APPLICATION AND/OR THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by the StreetBuzz Privacy Policy
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND STREETBUZZ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms
Use of the Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Services. If you are a minor i.e. under the age of 18 years, you shall not register as a member of StreetBuzz and shall not transact or use Services. As a minor if you wish to use or transact on Services, such use or transaction may be made by your legal guardian or parents on the Services. CCTPL reserves the right to terminate your membership and/or refuse to provide you with access to the Services if it is brought to CCTPL’s notice or if it is discovered that you are under the age of 18 years.
By using the Services, you shall be responsible for maintaining the confidentiality of your Login Name and Password, and you shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by you that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Services and refuse you access to the Services.
You are responsible for any activity that occurs under your Login Name and you agree you will not sell, transfer, license or assign your account, followers, Login Name, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, CCTPL/ StreetBuzz prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to StreetBuzz upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
When you use the Services or send emails or other data, information or communication to CCTPL/ StreetBuzz, you agree and understand that you are communicating with CCTPL/ StreetBuzz through electronic records and you consent to receive communications via electronic records from the CCTPL/ StreetBuzz periodically and as and when required. CCTPL/ StreetBuzz may communicate with you by messages, email or by such other mode of communication, electronic or otherwise.
The Services is a platform that Users utilize to meet and interact with one another. CCTPL/ StreetBuzz is not and cannot be a party to or control in any manner any transaction between the Services’s Users. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that StreetBuzz is not responsible or liable for the conduct of any user. StreetBuzz reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content (defined below) or any personal or other information.
You agree, undertake and confirm that your use of Services shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains inappropriate or objectionable video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Services or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Services or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
You agree that you will not solicit, collect or use the login credentials of other StreetBuzz users.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve our right to bar any such activity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of Services including any account on the Services not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms StreetBuzz, street.buzz, or otherwise engage in any conduct or action that might tarnish the image or reputation of StreetBuzz or sellers on the StreetBuzz platform or otherwise tarnish or dilute any of StreetBuzz’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or StreetBuzz’s systems or networks, or any systems or networks connected to StreetBuzz.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Services or any service offered on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CCTPL/ StreetBuzz and/or others.
You are solely responsible for your conduct and any data, text, files, information, graphics, user interfaces, visual interfaces, Login Names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Services.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Services you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
We depend heavily upon Users to let us know about Content that may violate our policies. After we are notified of a potential policy violation, we may review the content and take action, including restricting access to the content, removing the content, refusing to print the content and limiting or terminating a User’s access to StreetBuzz product(s). Note that we may make exceptions to these policies based on artistic, educational, or documentary considerations, or when there are other substantial benefits to the public from not taking action. We may also remove content that violates applicable local laws. To report content that You believe should be removed based on local laws, please write to admin@migrate.woo.report.
Violation of these Terms of Use may, in StreetBuzz’s sole discretion, result in termination of your StreetBuzz account. You understand and agree that StreetBuzz cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for StreetBuzz, we can stop providing all or part of the Service to you.
You release and indemnify CCTPL/ StreetBuzz and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Services and categorically waive any claims that you may have pursuant to this under any applicable law. Notwithstanding its reasonable efforts in that behalf, CCTPL/ StreetBuzz cannot take responsibility or control the information provided by other users which is made available on the Services. You may find other user’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Be cautious and practice safe trading when using the Services. There could be risks in dealing with underage persons or people acting under false identity.
General Conditions
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your StreetBuzz account by uninstalling the StreetBuzz application following normal application uninstall processes from your phone. If we terminate your access to the Services or you deactivate your account, your posts, cards, comments, likes, ratings, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your Login Name and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any Login Name for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
There shall be links from the Services, or from communications you receive from the Services, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Services. The Services also includes third-party content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. CCTPL/ StreetBuzz does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that CCTPL/ StreetBuzz is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Services profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Services being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if StreetBuzz has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the StreetBuzz Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Services.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with StreetBuzz’s express consent).
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Rights
StreetBuzz does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to StreetBuzz a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services, subject to the StreetBuzz’s Privacy Policy, available here http://street.buzz/privacypolicy/.
We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at http://street.buzz/privacypolicy/. If you object to your information being transferred or used in this way please do not use Services.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that StreetBuzz may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
The Services contains content owned or licensed by StreetBuzz (“StreetBuzz Content”). StreetBuzz Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and StreetBuzz, StreetBuzz owns and retains all rights in the StreetBuzz Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the StreetBuzz Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the StreetBuzz Content.
The StreetBuzz name and logo are trademarks of StreetBuzz, and may not be copied, imitated or used, in whole or in part, without the prior written permission of StreetBuzz. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of StreetBuzz, and may not be copied, imitated or used, in whole or in part, without prior written permission from StreetBuzz.
Although it is StreetBuzz’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, StreetBuzz reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by StreetBuzz, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, StreetBuzz encourages you to maintain your own backup of your Content. In other words, StreetBuzz is not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. StreetBuzz will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that StreetBuzz is not responsible for, and does not endorse, Content posted within the Services. StreetBuzz does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
Except as otherwise described in the StreetBuzz’s Privacy Policy, available at http://street.buzz/privacypolicy/, as between you and StreetBuzz, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with StreetBuzz is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place StreetBuzz in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of StreetBuzz, and StreetBuzz will not be liable for any use or disclosure of any Content you provide.
It is StreetBuzz’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, StreetBuzz does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that StreetBuzz is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations
We respect other people’s rights, and expect you to do the same.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
In case you feel that your work has been copied in any way that constitutes copyright infringement or any violation of your IP rights you can write to admin@migrate.woo.report.
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Breach
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Services in the event, but not limited to:
If you breach these Terms of Use or StreetBuzz Privacy Policy or other Policies, if any;
If we are unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you, other users or us.
We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Services in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or StreetBuzz Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
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Disclaimer of Warranties
THE SERVICEs, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ALL MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES AND STREETBUZZ CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT AS SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CCTPL NOR STREETBUZZ NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “STREETBUZZ PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICEs; (B) THE STREETBUZZ CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO STREETBUZZ OR VIA THE SERVICE. IN ADDITION, THE STREETBUZZ PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE STREETBUZZ PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE STREETBUZZ PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE STREETBUZZ PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE STREETBUZZ PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE STREETBUZZ PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. STREETBUZZ WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENT OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICES. STREETBUZZ DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THEIR SERVERS OR ELECTRONIC COMMUNICATION SENT FROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE STREETBUZZ PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE STREETBUZZ CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE STREETBUZZ PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE STREETBUZZ PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE STREETBUZZ PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE STREETBUZZ PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED INDIAN RUPEES (INR100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF STREETBUZZ’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE STREETBUZZ PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE STREETBUZZ PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY COUNTRY, STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
STREETBUZZ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
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Indemnification
You (and also any third party for whom you operate an account or activity on the Services) shall indemnify and hold harmless CCTPL, StreetBuzz, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms of Use or StreetBuzz Privacy Policy or other Policies; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by StreetBuzz in the defense of any claim. StreetBuzz reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of StreetBuzz.
Arbitration
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Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
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Arbitration
All disputes between you and StreetBuzz (whether or not such dispute involves a third party) with regard to your relationship with StreetBuzz, including without limitation disputes related to these Terms of Use, StreetBuzz Privacy Policy, other Policies, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration governed by the Indian Arbitration and Conciliation Act, 1996, with the arbitration venue always being in Bangalore, India. Neither you nor StreetBuzz will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if StreetBuzz is a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. This arbitration agreement will survive the termination of your relationship with St