Terms of Service
By using the OSMSOWEB Sitebuilder (“Service”), a service of OSMOS Multimedia Pvt. Ltd. (“OSMOS”), you agree to be bound by the following terms and conditions or ToS (“Terms of Service”).
OSMOS reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
ACCOUNT TERMS
1. When signing up for an account, you must provide your legal full name, full company name (if applicable), a valid e-mail address, and any other information requested in order to complete the signup process. When upgrading from one paid account to another, you must provide your legal full name, full company name (if applicable), a valid e-mail address and any other information asked for in order to complete the necessary process.
2. You are responsible for maintaining the security of your account and password. OSMOS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3. You are responsible for all Content posted and all activity that occurs under your account (even when Content is posted by others who are sharing your pages) or by accounts you have created under your company name.
4. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
5. You must be 18 years or older to use this Service.
Violation of any of these agreements will result in the termination of your Account.
CANCELLATION / TERMINATION
1. You may cancel your account at any time via email.
2. The system deletes all data uploaded to your account on cancellation.
3. OSMOS at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other OSMOS service, for any reason at any time. OSMOS reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS
1. Prices of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change upon 30 days notice from OSMOS. Such notice may be provided at any time by posting the changes to http://osmoweb.com or via e-mail, or both.
2. It is your responsibility to stay tuned to such notices. Not reading or not being aware of such notices would not really be a valid claim to not pay.
3. OSMOS reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice.
4. OSMOS shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
DATA and IPs
1) Usage of the system for any length of time does not grant you any rights to any part of the system or service at any price or other parameters, including but not restricted to code, IP, etc.
2) All Data uploaded by you into the system remains your property, IP and copyright to the extent of the system, and OSMOS, its partners, employees will not have access rights to use this data for personal, commercial or any other purposes, except for backups, maintenance, etc. On cancellation of your account, all such data, including backups is irrevocably deleted from the system, and OSMOS is under NO obligation at all to maintain such data for restoration or transfer or any other purpose.
GENERAL CONDITIONS
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. You must not modify, adapt, or hack the Service for any reasons whatsoever.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by OSMOS, on a firm print copy with the OSMOS seal and signature of the CEO. No Digital documents will be valid in this regard, including email, PDF files, etc.
4. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, or otherwise objectionable or violates these Terms of Service.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OSMOS customer, employee, or agent will result in immediate account termination.
6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. You must not post or transmit unsolicited e-mail or "spam" messages using the Service.
8. You must not post or transmit any worms, viruses, or any program of a destructive nature using the Service.
9. OSMOS does not warrant that (i) the service will meet your specific 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 will meet your expectations, or (v) any errors in the Service will be corrected.
10. You expressly understand and agree that OSMOS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OSMOS has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
11. The failure of OSMOS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OSMOS and govern your use of the Service, superseding any prior agreements between you and OSMOS (including, but not limited to, any prior versions of the Terms of Service).
12. Questions about the Terms of Service should be sent to the OSMOS Support Team on info@osmosweb.com
WARRANTY DISCLAIMER
The service and all components thereof are provided and licensed to you “as is” and “as available” with all defects and without any warranties or conditions whatsoever, express or implied. You acknowledge that some of the service's components, features, and functionality may be temporarily or permanently modified, supplemented or eliminated by us in our sole discretion without notice to you. You acknowledge that our service is subject to limitations, delays, and other problems inherent in the use of the internet and regardless of the cause of loss, you assume the risk of any and all losses associated with your use of the service, including, without limitation, loss, deletion, correction, destruction, damage, or failure to capture or store your data. We do not represent, warrant, or guarantee that your data will be or remain free from loss, corruption, error, or disclosure. nor do we represent, warrant, or guarantee reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the service or any of its components or content. Further, we do not represent, warrant, or guarantee that you will be able to access the service or your data at any particular time or from any particular designated portal. Further, we specifically disclaim any and all express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, noninfringment, and warranties arising out of the course of dealing or usage of trade between the parties.
LIMITATION OF LIABILITY
In no event will we be liable to anyone for any indirect, special, incidental or consequential damages (including without limitation lost profit, lost data, or business interruption), or any other damages, caused in whole or part by disclosure, failure, delay, interruption, unavailability, corruption, degradation, loss, your use, your inability to use, or the results of your use of the service or data. This limitation will apply regardless of whether such damage claim is based in contract, tort or otherwise, and whether or not you advise us of the possibility of such damages. Should the services or data prove defective, damaged, corrupt, or unusable, we will endeavor to assist you in recovery, extraction, correction, or repair; however, you (not OSMOS) assume the entire cost of all recovery, extraction, correction, or repair.
INDEMNIFICATION
You will defend, indemnify, and hold OSMOS and our employees, agents, and assigns harmless from and against any liability, obligation, claim, judgment, loss, cost, damage, or expense (including settlement amounts, reasonable attorney's fees, and all fees and costs) which results from: (a) your use of or inability to use the Service; (b) the loss, destruction, or corruption of your data; (c) your performance under this Agreement; (d) your breach of any term, covenant, representation or warranty contained in this Agreement; (e) the other acts or omissions (including, without limitation, reckless and/or intentional acts or omissions) committed by you or your employees, contractors, and agents.
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