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Kirans Entertainments Ltd - End User Agreement
Terms and Conditions
By registering with Kirans Entertainment
Ltd you grant Incorporated permission to copy, print, publish, and/or
display, by or on an physical or electronic medium, any and all information
provided on or with the registration form, including photographs, whether
this information be posted online or sent via postage mail.
While Kirans Entertainment Ltd insures
you will be listed in the www.kirans.com
website we can not however, guarantee that clients will rely on the listings.
We can not guarantee you will be selected for a role. Thus, we regret
that refunds are not available. Kirans Entertainment Ltd is not responsible
for lost, damaged, incomplete, illegible, misdirected or postage due mail.
Information on this web site may
contain inaccuracies or typographical errors. Information and pricing
may be changed or updated without notice.
READ THE FOLLOWING TERMS AND CONDITIONS
OF THIS AGREEMENT CAREFULLY BEFORE CLICKING THE REGISTRATION "SUBMIT"
BUTTON.
BY INDICATING YOUR ACCEPTANCE
OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("SUBSCRIBER")
ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT
FOR THE USE OF KIRANS ENTERTAINMENT LTD SERVICES ("SERVICES"). IF SUBSCRIBER
IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT,
SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS WEB PAGE.
IF A SUBSCRIBER IS NOT OF AGE,
OR IS OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, SUBSCRIBER
ACKNOWLEDGES THAT KIRANS ENTERTAINMENT LTD IS PROVIDING THE SERVICE WITH
THE IMPLICIT UNDERSTANDING THAT SUBSCRIBER'S LEGAL GUARDIAN IS NOT OPPOSED
TO SUBSCRIBER'S USE OF THE SERVICE. KIRANS ENTERTAINMENT LTD RESERVES
THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE
COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
1. GRANT OF RIGHTS
TO USE SERVICES.
- Effective upon acceptance of this Agreement,
Kirans Entertainment Ltd hereby grants to Subscriber a nonexclusive,
non-transferable, free-of-charge license to access and use the Services,
for Subscriber's use.
- Subscriber shall have no right to sell
use of the Services nor make any claim that it does have such right.
- Subscriber is solely responsible for
obtaining all equipment and approvals necessary for connection to the
World Wide Web and all charges associated with such connection, including
but not limited to obtaining a PC and modem, having access to the World
Wide Web and phone service charges.
2. KIRANS ENTERTAINMENT
LTD'S RIGHTS.
- Kirans Entertainment Ltd shall retain
all right, title and interest to the Services including all copyrights,
trademarks and all other intellectual property rights there to.
- Subscriber may not, nor allow any third
party, to copy, distribute, sell, disclose, lend, transfer, convey,
modify, decompile, disassemble or reverse engineer the Services for
any purpose whatsoever.
- The copyright notices and other proprietary
legends shall not he removed from the Services and no use of trademarks
is granted under this Agreement.
- Subscriber may not grant any sublicense,
leases or other rights in the Services to any third party. All rights
not expressly granted under this Agreement are retained by Kirans Entertainment
Ltd.
3. SUBSCRIBER REGISTRATION.
- Subscriber will provide all relevant
data to Kirans Entertainment Ltd upon signing up for the Services and
at subsequent times as requested by Kirans Entertainment Ltd.
- Subscriber acknowledges that Kirans
Entertainment Ltd may distribute the registration data to third parties,
provided, these parties are verified members of the entertainment community.
Subscriber's name, address (home and email) and telephone number will
not be openly distributed, unless required by law, or in the event Subscriber
grants Kirans Entertainment Ltd the right to provide that information.
- Subscriber shall update the registration
data as applicable.
- Subscriber shall immediately notify
Kirans Entertainment Ltd if any unauthorized use of Subscriber's account
has occurred or of any other breach of security.
4. TERMINATION.
- Either party may terminate this Agreement
upon notice to the other party.
- Upon termination, Subscriber shall immediately
cease to use the Services and Kirans Entertainment Ltd shall have no
further obligations whatsoever to Subscriber.
- Kirans Entertainment Ltd shall not he
liable to the Subscriber or any third party for any reason for Kirans
Entertainment Ltd's terminating this Agreement.
5. WARRANTY DISCLAIMER.
- THE SERVICES LICENSED HEREUNDER ARE
LICENSED "AS IS" AND "AS AVAILABLE" AND KIRANS ENTERTAINMENT LTD MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS
OF ANY LAW OF THE UNITED KINGDOM OR ANY STATE THEREOF. KIRANS ENTERTAINMENT
LTD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE
OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY
RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL
BE BORNE SOLELY BY SUBSCRIBER.
- KIRANS ENTERTAINMENT LTD MAKES NO WARRANTY
THAT THE SERVICES WILL MEET SUBSCRIBEWS REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS
IN THE SERVICES WILL BE CORRECTED.
- KIRANS ENTERTAINMENT LTD DOES NOT MAKE
ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED,
SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED
INTO THROUGH THE SERVICE.
- KIRANS ENTERTAINMENT LTD DOES NOT WARRANT
THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE
SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED
OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER
- ACKNOWLEDGES THAT ANY DATA OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE
SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND KIRANS ENTERTAINMENT
LTD WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR
SUBSCRIBER'S PROPERTY.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL KIRANS ENTERTAINMENT
LTD BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY,
OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY
OF LIABILITY. KIRANS ENTERTAINMENT LTD'S LIABILITY FOR DAMAGES, REGARDLESS
OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER
FOR THE SERVICES, IF ANY. The limitation of liability reflects the allocation
of risk between the parties. The limitations specified in this Section
will survive and apply even if any limited remedy specified in this Agreement
is found to have failed of its essential purpose.
7. INDEMNIFICATION.
Subscriber shall indemnify and
hold harmless Kirans Entertainment Ltd, its directors, officers, employees
and agents from and against all liabilities, losses, costs, expenses (including
reasonable legal fees), and damages resulting from any negligent acts,
omissions or willful misconduct by Subscriber, Subscriber's use of the
Services and any breach of the terms and conditions of this Agreement
by Subscriber.
8. MODIFICATION TO
SERVICES.
- During the term of this Agreement, Kirans
Entertainment Ltd may modify or discontinue the Services.
- Kirans Entertainment Ltd. shall not
be liable to the Subscriber or any third party for any reason for Kirans
Entertainment Ltd modifying or terminating of such Services.
- The Subscriber is responsible for creating
a back-up copy of any important or critical information that is stored
on the Services.
9. MODIFICATION TO
AGREEMENT.
Kirans Entertainment Ltd reserves
the right to change the terms and conditions and conditions of this Agreement.
Subscriber shall be informed of such changes.
- If the Subscriber accepts the changes,
the changes shall he incorporated into this Agreement and shall be binding
upon the Subscriber.
- If the Subscriber does not agree to
the changes, this Agreement will terminate and Subscriber shall immediately
stop using the Services.
10. RULES AND REGULATIONS
- Subscriber shall be solely liable for
any transmissions sent through or posted on the Service. Kirans Entertainment
Ltd has no control over the content of any posting or transmission nor
will it be liable for such content.
- Subscriber shall not use the Services
to create or distribute any images, sounds, messages or other materials,
which are obscene, harassing, racist, malicious, fraudulent or libellous,
nor use the Services for any activity that may he considered or are
unethical, immoral, or illegal.
- Further, Subscriber will abide by all
rules, regulations, procedures and policies of Kirans Entertainment
Ltd and any policies of the networks connected to the Services.
Currently there are no numerical
limits to the amount of transactions a Subscriber may send or receive
through the Services, however, Kirans Entertainment Ltd may set numerical
limits by notifying Subscriber. Subscriber agrees to abide by all applicable
local, state, national and international laws and regulations and is solely
responsible for all acts or omissions that occur under Subscriber's account
or password, including the content of Subscriber's transmissions through
the Service. By way of example, and not as a limitation, Subscriber agrees
not to:
- Use the Service in connection with chain
letters, junk email, voicemail, faxes, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
- Harvest or otherwise collect information
about others, including email addresses, without their consent;
- Create a false identity or forged email
address or header, or otherwise attempt to mislead others as to the
identity of the sender or the origin of the message;
- Transmit through the Service unlawful,
harassing, libellous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature;
- Transmit any material that may infringe
the intellectual property rights or other rights of third parties, including
trademark, copyright or right of publicity;
- Transmit any material that contains
viruses, Trojan horses, worms, time bombs, cancel hots, or any other
harmful or deleterious programs;
- Violate any U.K. law regarding the transmission
of technical data or software exported from the United Kingdom through
the Service;
- Interfere with or disrupt networks connected
to the Service or violate the regulations, policies or procedures of
such networks;
- Attempt to gain unauthorized access
to the Service, other accounts, computer systems or networks connected
to the Service, through password mining or any other means;
- Interfere with another membef s use
and enjoyment of the Service or another entity's use and enjoyment of
similar services.
11. THIRD PARTY ADVERTISER.
- Subscribers may enter into transactions
with advertisers on the Services.
- Such transactions are between Subscriber
and advertisers and Kirans Entertainment Ltd has no connection with
any such transaction.
- Kirans Entertainment Ltd assumes no
liability for any such transactions.
12. GENERAL.
- This Agreement merges all prior written
and oral communications and defines the entire agreement of the parties
concerning the Services.
- In the event any portion of this Agreement
shall be held illegal, void, or ineffective, the remaining portions
hereof shall remain in full force and effect and such illegal, void
or ineffective provisions shall be construed, as nearly as possible,
to reflect the intentions of the parties.
- All notices under this Agreement shall
he in writing and delivered by email.
- This Agreement shall be construed in
accordance with the laws of the UK without regard to its conflict of
laws provisions. Both parties submit to the jurisdiction of the state
and courts of UK.
- Subscriber agrees and acknowledges that
any breach of the provisions regarding ownership contained in this Agreement
shall cause Kirans Entertainment Ltd irreparable harm and Kirans Entertainment
Ltd may obtain injunctive relief as well as seek all other remedies
available to Kirans Entertainment Ltd in law and in equity.
- Subscriber shall not assign its rights
under this Agreement. This Agreement shall he binding on and inure to
the benefit of the parties, their successors, permitted assigns and
legal representatives.
- The failure of Kirans Entertainment
Ltd to exercise its rights under this Agreement will not he construed
as a waiver of such rights, nor will it in any way affect the validity
of this
- Agreement. Sections 5, 6 and 7 shall
survive termination or expiration of this Agreement for any reason.
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