1.0 Acceptance
1.1 These Rules and Terms of Service comprises the complete Agreement and
Contract between you ("Member") and Closeupuniverse.com ("Closeup-product
of HLL") in relation to the service/s provided by "Closeup-product of HLL"
at its web site, http://www.closeupuniverse.com ("the Site") and
supersedes all previous agreements, contracts and communications (oral or
written) in this behalf. By completing the online electronic registration
process and clicking the "I Accept" button, you bind yourself to the
provisions of these Terms and Conditions of Service.
2.0 Definitions
2.1 ""Closeup-product of HLL"" means the company, corporation, firm,
individual or association of persons currently administering, providing
content for, maintaining and otherwise managing the Site and every
employee of "Closeup-product of HLL" and its advertising agent or agents
for the time being and their employees, and every consultant, advisor and
associate of "Closeup-product of HLL" and their respective employees.
2.2 "Contest" means any contest, promotion, sweepstakes, lucky draw, or
any other scheme by whatever name called involving an element of chance
with or without an accompanying test of any skill, aptitude or talent.
2.3 "Contract", "Agreement" and "Terms of Service" refer to the terms
and conditions herein set forth.
2.4 "Employee" means every person working in any capacity for "Closeup-product
of HLL" as defined herein and includes every member of his family and
every person residing in his household as a member of his family.
2.5 "Hosting", with all its grammatical variations, means and includes
the provision of Services by "Closeup-product of HLL" at the Site and
subject always to the provisions of the Contract.
2.6 "Id" means the unique identification name or number assigned to
every Member.
2.7 "Member" means and includes every person who, having satisfied the
Eligibility Criteria set forth herein, has successfully completed the
on-line registration process at the Site and has been assigned a unique Id
by "Closeup-product of HLL" and is not in default and has not committed
breach of any of the terms of this Agreement.
2.8 "Personal Information" means all information about the Member
provided to "Closeup-product of HLL" via on-line forms at the Site or by
any other means of communication, whether electronic, oral or written.
2.9 "Site" with all its grammatical variations refers to the web site
hosted on the Internet/World Wide Web with the address of http://www.closeupuniverse.com
or such other address as may periodically be assigned to or adopted by "Closeup-product
of HLL".
2.10 "Services" means "Closeup-product of HLL" offers the Member, on an
"as-is" and "when available" basis, the opportunity to participate in all
contests, promotions, games scheme hosted for the time being on the Site
by "Closeup-product of HLL" on behalf of one or more Contest Providers.
2.11 "Winning" with all its grammatical variations means and includes
any prize, cash, gift, exchange coupon or certificate and every other item
of like nature that is or may be offered by the Contest Provider as the
final result of any Contest hosted by "Closeup-product of HLL" on the
Site; and "winner" means a Member who is entitled as the result of any
Contest to receive a winning.
3.0 Interpretation
3.1 Words conveying the singular shall, where required or appropriate,
be deemed to mean and include the plural. Words conveying the masculine
gender shall be deemed to mean and include the feminine gender.
4.0 Consideration for Service - In consideration for this Service, the
Member hereby:
4.1 agrees to provide "Closeup-product of HLL" such current, complete,
and accurate information about the Member ("Personal Information") as may
be required by "Closeup-product of HLL" via the Site.
4.2 agrees maintain and update this information as required to keep it
current, complete and accurate.
4.3 agrees and undertakes to maintain the absolute confidentiality of
his Id and not to disclose the same to any other person or entity
whatsoever at any time under any circumstances and further agrees and
undertakes to forthwith notify "Closeup-product of HLL" of any breach of
the aforesaid confidentiality, loss, misplacement, theft, misuse or abuse
of the Id.
5.0 Right of Modification, Termination and Discontinuance
5.1 At all times, "Closeup-product of HLL" shall have the absolute
right to modify, discontinue or terminate the Service without notice to
the Member.
5.2 It is expressly agreed and understood by the Member that "Closeup-product
of HLL" shall not be liable to the Member or to any third party for such
modification, discontinuance or termination.
5.3 The Member shall be entitled to discontinue his membership by
written communication, duly authenticated, delivered to "Closeup-product
of HLL" at the address specified on the Site for the said purpose.
6.0 Right of Termination of Membership
6.1 If, in the sole opinion of "Closeup-product of HLL", the reasons
wherefor "Closeup-product of HLL" shall not be bound to disclose, the
Member has contravened, committed hacking or committed breach of any of
the terms of this Agreement, "Closeup-product of HLL" shall be entitled,
without any notice, to terminate the Membership of the Member and to
revoke his Id.
6.2 It is expressly agreed and understood by the Member that any breach
or default by the Member of any of the provisions of this Agreement shall
result in the immediate cancellation of his Membership and revocation of
his Id without notice.
6.3 "Closeup-product of HLL" and its employees shall at no time be in
any way liable or responsible to the Member or to any other person for any
such cancellation of Membership and revocation of Id, provided that, "Closeup-product
of HLL" shall be entitled to all its rights and remedies against the
Member for any loss or damage or prejudice that may have been caused to "Closeup-product
of HLL" on account of any such breach or default by the Member.
7.0 Indemnity by Member
7.1 The Member agrees and undertakes to indemnify and hereby
indemnifies and keeps safe and harmless "Closeup-product of HLL" from all
loss, claim, demand, damage, costs, charges (including legal fees and
charges) or prejudice that may be caused on account of the Member's use of
the Service offered by "Closeup-product of HLL" at the site.
7.2 The Member agrees and undertakes to indemnify and hereby
indemnifies and keeps safe and harmless "Closeup-product of HLL" from all
loss, claim, demand, damage, costs, charges (including legal fees and
charges) or prejudice that may be caused on account of the Member's
default or breach of any of the terms of this Agreement.
8.0 Eligibility Criteria
8.1 All Contests hosted by "Closeup-product of HLL" at the site are
open to all persons except "Closeup-product of HLL" as defined in this
Agreement.
8.2 Every Contest hosted by "Closeup-product of HLL" shall also be
subject to the any local, State, Central, Federal or community laws
regarding the same applicable to every Member.
9.0 Disclaimer and Limitation of Liability - Subject to any local,
State, Federal or other applicable statute -
9.1 All warranties of any kind whatsoever, whether express or implied,
are hereby expressly disclaimed by "Closeup-product of HLL" including, but
not limited to, meeting of the Member's requirements or aspirations,
timeliness, security, uninterruptedness, error-free, the results or
reliability of the Contest, or the delivery, quality, quantity,
merchantability, fitness for use or non infringement in respect of any
goods, services, emoluments, benefits or awards acquired or obtained
through the Service or any transactions effected through the Service.
9.2 The Member expressly agrees that his use of the Service provided by
"Closeup-product of HLL" is at the Member's sole risk and is governed by
the terms of this Agreement.
9.3 No advice or information, whether by representations oral, written
or pictorial derived from the Site or through the Service shall be
construed to mean the giving of any warranty of any kind by "Closeup-product
of HLL".
9.4 At no time shall "Closeup-product of HLL" be liable to the Member
or to any third party for the acts of omission or commission hosted by "Closeup-product
of HLL" on the Site or for any direct, indirect, incidental, consequential
or foreseeable loss, damage, injury, harm, prejudice or costs that that
may arise or be caused to the Member by his use of the Service offered by
"Closeup-product of HLL" at the Site or by termination of membership as
provided herein.
10.0 Winnings
10.1 Intimation that a Member is a Winner of the Contest hosted by "Closeup-product
of HLL" will be sent by "Closeup-product of HLL" by email and by the
Contest Provider by such mode of delivery as the Contest Provider
considers appropriate.
10.2 Where "Closeup-product of HLL" is the Contest Provider its
liability is limited to, and only to, assuring the delivery of the winning
within a reasonable period of time to the winner and does not extend to
any other warranty or assurance whatsoever.
10.3 All winnings will be subject to local, State, Federal and Central
taxes and duties.
11.0 Interpretation of this Agreement
11.1 The decision of "Closeup-product of HLL" as to the interpretation
of any Clause of this Agreement shall be final and binding on the Member.
12.0 Arbitration
12.1 All disputes and differences between the parties hereto including
as to the interpretation of any provision of this Agreement shall be
referred to the Sole Arbitration of a person nominated by "Closeup-product
of HLL" and the provisions of the Arbitration and Conciliation Act, 1996
will apply to such arbitral proceedings.
13.0 Copyright
13.1 Unless otherwise specifically noted, the copyright in all images,
text and material on the Site belongs to and vests in "Closeup-product of
HLL"
13.2 Unauthorised reproduction of any text, image or other material
without the prior written permission of "Closeup-product of HLL", in any
form whether printed or electronic, is strictly prohibited and violations
will be prosecuted to the full extent of the law.
14.0 Applicable Law and Juridiction
14.1 This Agreement shall be governed by and construed in accordance
with the applicable laws in India.
14.2 This Agreement shall be deemed to have been entered into Bombay
(Mumbai), India and the courts in Bombay (Mumbai) alone will have
exclusive jurisdiction to entertain any proceedings in any way relating to
or concerning this Agreement or any rights, duties, obligations or
liabilities arising thereunder.
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