This Website (the "Site") is owned and operated by MEDIACURRY INC (referred to as "MEDIACURRY"). These terms and conditions (the "Terms and Conditions" or "TAC") apply to and govern your use of this Site and its various channels (as defined below). Your use of the Site and/or any Channels signifies your agreement to be bound by these Terms and conditions.
Reference to the ‘Channels’ in the following terms and conditions refers to any channel(s) / section(s) of the site
Various contests/ activities may be held on the Channels of MEDIACURRY, at the sole discretion of MEDIACURRY. The rules relating/ governing such contests/ activities are as follows:
Entry is only open to registered users of the site.
The participant and/ or contestant(s) should not have any criminal conviction.
Employees and their immediate families of MEDIACURRY Inc, and any such party’s subsidiaries, suppliers and/or agencies associated with the contests/ activities, are ineligible to enter. Any such entries will be invalid. The participant/ contestant must not have any assistance from any such person.
MEDIACURRY reserves the right to prevent any participant/ contestant from participating/ contestant in any activity/ contest, at its sole discretion.
MEDIACURRY has the right at any time to ask the participant/ contestant to provide proof of identity and/or eligibility (which may include asking for a copy of your itemised telephone bill). If proof of identity and/or eligibility has been asked for, failure to provide such proof by participant and/ or contestant immediately, could result in his/ her disqualification from the activities/ contests and/ or the withdrawal of any prize/ gratification, if any at the sole discretion of MEDIACURRY.
Entries must not be sent in through agents or third parties and such entries will be deemed to be null and void.
Entry to any of the activities/ contests may be by way of one or more of the following entry routes and such other routes as may be specified by MEDIACURRY from time to time at its sole discretion, as specified in the relevant contests/ activities:
i) SMS Messaging
ii) Website
(ii) SMS Entry
a. SMS entry method. Any participant/ contestant interested in participant/ contesting any activity/ contest may send a SMS to the number displayed on screen, along with the keyword also displayed on screen and in accordance with the terms and conditions/ rules of relevant activity/ contest.
b. Cost of entry:
The cost of each SMS shall be charged by the respective mobile operators and the same will be more particularly specified in terms and condition/ rules of a particular activity/ contest. The cost of entry via SMS will be displayed on screen whether the entry is successful or not.
c. Circumstances beyond control:
MEDIACURRY is not responsible in case of any network problem, interruption or disturbance to participant’s/ contestant’s entries to, entries of participant/ contestant not received for any reason whatsoever and/or entries of participant/ contestant received late and/or the costs charged by the landline Service Provider. Any dispute in connection to the same should be settled directly between the subscriber and the service provider without involving MEDIACURRY in the same.
d. Permissions:
It is hereby implied that if the participant/ contestant is not the person responsible for paying the mobile phone bill, he/ she is having the permission of mobile phone bill payer before entering the activity/ contest.
(ii) WEBSITE:
For the activities/ contest which are run on the websites, the participant and/ or contestant in order to participant/ contest/ enter in the may log on to relevant website as will be more particularly specified in the particular terms and condition/ rules of the activity/ contest and the participant and/ or contestant will have to follow the instructions on that particular website.
GENERAL TERMS
a. MEDIACURRY reserves the right to refuse the entry/ participating/ contesting of the participant/ contestant or refuse to give a prize/ gratification, if any, in its sole discretion.
b. The participant/ contestant is not allowed to mention or promote any product, service or venture, use inappropriate language or swear or otherwise say anything that may be harmful or hurtful to any person, body or entity. The participant/ contestant accepts that he/ she will be solely responsible for the consequences of anything that you choose to say/ state/ comment whilst participating/ contesting in any activity/ contest.
c. There may be a prize/ gratification in a contest and the same will be subject to and in accordance with the relevant terms and conditions/ rules of the particular contest. The participant and/ or contestant and/ or winner shall not raise any dispute with regard to the Prize, if any, including but not limited to quality, value of the Prize in any manner whatsoever and/or otherwise with MEDIACURRY. All prizes are non-transferable and non-exchangeable. If due to any reason, whatsoever, beyond the control of MEDIACURRY, the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, MEDIACURRY will not be responsible for the same.
d. Unless otherwise explicitly stated by MEDIACURRY, the participant and/ or contestant and/ or winner of the activity/ contest will be solely responsible for paying any and all applicable taxes on prizes/ gratification or otherwise, whether in cash or kind.
e. MEDIACURRY is in no manner whatsoever responsible and/or will not be held liable in any manner whatsoever, for the injury, death, mental trauma caused to the participant(s) and/ or contestant(s) and/ or winner(s) in any manner whatsoever, in connection to the activity/ contest.
f. In the event of any dispute regarding the activity/ contest, including but not limited to the validity of activity/ contest, or network or communication failures, the participant/ contestant accept that the decision of MEDIACURRY on all matters is final and binding and no correspondence or review process will be entered into and the decision of MEDIACURRY will be final.
g. MEDIACURRY may refuse the participant/ contestant to enter/ participate/ contest in the activity/ contest, in the event of a participant’s / contestant’s fraud, dishonesty or non-entitlement or breach under these Terms and Conditions and/ or other relevant terms and conditions/ rules of the activity/ contest, including but not limited to the use of technology which enables the participant/ contestant to evade charges when entering/ participating/ contesting the activity/ contest by any of the modes as stated herein and as may be specified by MEDIACURRY from time to time.
h. The participant/ contestant must own the copyright and other rights in respect any submission or any part thereof made by participant/ contestant as a result of participating/ contesting in an activity/ contest. The participant/ contestant who submits his/ her content in the activity/ contest agrees and undertakes that the content and/ or any part thereof shall vest solely with MEDIACURRY and all right, title and interest including any and all copyright, Intellectual Property Rights and/or other ancillary and subsidiary rights in any and all and by any and all manner or means in and to the content, whether now known or subsequently invented, for entire world, in perpetuity.
i. MEDIACURRY accepts no responsibility for any failure to accept/send submissions due to network performance or due to any other event outside our control or for submissions that are incomplete or incomprehensible.
j. The participant/ contestant(s) agrees that he/she shall make himself/herself available from time to time and co-operate with MEDIACURRY and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the participant/ contestants. Further, the contestants/ participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.
k. MEDIACURRY accepts no liability for any loss or damage howsoever arising from the submissions of content by participant/ contestant under any circumstance whatsoever.
l. Personal data which is provided by participant/ contestant as a sender may be held and used by MEDIACURRY, at its sole discretion in order to administer the said content.
m. Any information and data which is provided by the participant/ contestant, while entering/ participating/ contesting in an activity/ contest; may be held and used by MEDIACURRY in order to administer the activity/ contest. By entering the activity/ contest, the participant/ contestant is consenting to the use of his/ her personal data for the purposes of operating, producing and administrating the activity/ contest.
n. The personal data of participant/ contestant may also be passed to any telephony provider or to any relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the telephony provider in connection with the billing arrangements for the activity/ contest.
o. Aggregate non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
p. MEDIACURRY is not responsible for any network, telephone line or communication failures, malfunctions, errors, delays or any other problem in any telephone network, recording, broadcast, or internet broadband transmission of any kind under any circumstance whatsoever. MEDIACURRY is also not responsible for traffic congestion or other capacity issues which may result in a message being lost or not properly recorded.
q. MEDIACURRY may in its sole discretion cancel all or any part of any activity without any liability to participant/ contestant.
s. MEDIACURRY is not under any obligation to release information relating to activity/ contest answers or methods of solution.
t. To the fullest extent permitted by law, MEDIACURRY hereby exclude all warranties, representations, covenants and liability (whether express or implied) regarding the activity/ contest and/ or the prize/ gratification.
MEDIACURRY will not be liable for any damages or losses whether direct or indirect that any participant/ contestant may suffer as a result of failure by MEDIACURRY to deliver the activity/ contest (whether or not as a result of any technical failure), including but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile networks.
u. MEDIACURRY reserves the right, at its sole discretion, to change and/ or modify and/ or add and/ or remove any portion of the Site, the Site Content, and the TAC, in whole or in part, at any time and at its sole discretion; whether or not applicable to your use of the Site and/or any part thereof, or to impose new conditions, including but not limited to, adding fees and/or charges for use. Changes to the TAC will be effective when the same is posted. You agree to review the TAC periodically to become aware of the changes, if any. Your use of the Site after any changes to the TAC are posted will be considered deemed acceptance of those changes and will constitute your agreement to be bound thereby, whether retrospectively or otherwise.
v. The contestant(s) and/ or participant of the activity/ contest agrees that he/she will indemnify and keep indemnified and hold harmless MEDIACURRY, its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by him/her, in any manner whatsoever and shall also not file in person/ through any family member and/or any third party applications, criminal and/or civil proceedings in any courts or forum in India against MEDIACURRY to claim any damages or reliefs.
w. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts of Mumbai.
x. MEDIACURRY will not be liable for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss. MEDIACURRY assumes no liability for the contents of any other website you may access from our website.
y. If any part of these terms and conditions is found to be unenforceable it will not affect the enforceability of the remainder of the terms and conditions.
TERMS OF USE
MEDIA CURRY is the property of MEDIACURRY INC, MEDIA CURRY and its affiliates provide the services subject to the following conditions incorporated hereunder. By accessing either directly or through a hyperlink, the site www.mediacurry.com or any other site under the mediacurry domain, you accept to abide by the following terms and conditions. The ownership, management and control of this site vests in entirety with MEDIA CURRY and you are subject to the terms, conditions, rules, regulations and applicable laws governed by MEDIACURRY or its affiliates.
COMMUNICATIONS
You accept that MEDIACURRY shall be corresponding with you in an electronic mode and for which you have already consented by accessing this site. Communication from MEDIACURRY shall be by means of an SMS, e-mail or by posting any notices on this site. You agree and accept that all agreements, disclosures and any other communications that we shall provide you, satisfy all the legal requirements under the relevant statutes in country-region. You agree that the communications send to you by MEDIACURRY shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. Communications received by MEDIA CURRY in mode other than electronic does not warrant any strict correspondence in reply on behalf of MEDIA CURRY. Visitors are allowed to post any material, reviews, comments, suggestions or any other content on this site as long as the same does not infringe or threatens to infringe any intellectual property rights of any other person or entity, contains viruses or trojans or worms or likewise which hampers the functioning of the site, is libelous or obscene or defamatory or religiously inflammable, or in any way hampers the reputation of this site. You agree and accept that all the content posted on the site by you shall be the sole propriety of MEDIA CURRY and MEDIA CURRY reserves the right to amend, alter, change or modify the same. All the intellectual property rights arising out of the content posted by you on this site shall remain in the sole ownership of MEDIACURRY which you have granted and assigned permanently royalty-free to MEDIACURRY.
YOUR RESPONSIBILITIES
You acknowledge that MEDIACURRY is not responsible or liable and does not control the content of any information that may be posted to the site or on the services by you or other visitors to the site. You are not permitted to post any content that (a) infringes on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (d) contains viruses or other similar harmful or deleterious programming routines; (e) damages, disables, overburdens, or impairs the Site or any other party's use of the Site; or (f)contains hyperlinks to any sites that do or are.
YOUR ACCOUNT, USERNAME AND PASSWORD
MEDIA CURRY does not warrant any safety or safeguarding of your account, username or password that you as a visitor has chosen; nonetheless MEDIA CURRY shall take adequate precautions to prevent unauthorized assessors from accessing this site. This site and the information contained herein is for the use of people above the age of 18 yrs. If you are below the age as mentioned Herein before, then you shall cause to access this site only with help and assistance of any parent or legal guardian. MEDIA CURRY reserves the right to cancel subscriptions, terminate accounts without giving any notice, in its sole discretion.
You shall be governed by the terms and conditions of this site plus the terms and conditions applicable to the contest decided by MEDIACURRY from time to time.
USE
You agree and accept that the services offered by this site are purely for personal and non-commercial use. You are not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained in this site. Use does not mean usage of your username and password by person other than you whether knowingly or negligently. In case of use of your username and password by person other than you and which comes to the knowledge of MEDIACURRY, MEDIACURRY expressly reserves the right to terminate your use without assigning any reason and which shall be binding upon you. You may not access this site and operate on any false e-mailid for the purpose of gaining access into this site for your personal use.
CONFIGURATIONS AND MINIMUM ESSENTIALS
MEDIACURRY does not expressly recommend any particular software, operating system, application to use and access this site. If for any particular reason, the site does not open or is unable to be displayed in full in the visitor's computer, then MEDIA CURRY shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized. MEDIACURRY does not recommend or lay down any set of standards for the purpose of viewing this site.
INTELLECTUAL PROPERTY RIGHTS
All the Content displayed on this site is the sole propriety and is in the exclusive right, title and ownership of MEDIACURRY and its associates/ content partners.
The copyright existing in the content on the site as well as the site itself is and shall always remain in the sole custody, possession, control and ownership of MEDIACURRY. Copyright for this purpose includes registered as well as non-registered copyright. Trademark and domain name with of this site also vests with MEDIA CURRY. All the marks, logos, designs used in this site are and shall always remain with MEDIACURRY. Trademarks that have been put for registration and non registered trademarks shall also be the sole propriety of MEDIACURRY. Any intellectual property rights arising as a result of makeover of any content provided by anyvisitor, then intellectual property arising because of such makeover shall also vest with MEDIACURRY. The visitor to this site grants a royalty free, exclusive and transferable right to MEDIA CURRY with respect of the content posted by him/her.
Disclaimer :
This site is owned and operated by MEDIACURRY INC, it contains material which is
derived in whole or in part from material supplied by MEDIACURRY, and other sources.
The material on this site is protected by international copyright and trademark laws.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute
in any way any material from this site including code and software without express permission
from MediaCurry.com or as permitted in Reprint Requests. You may download material from
this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.