The following is a legal agreement between MMC Solutions having its registered office at 8/1 Lalbazar Street, Bikaner Building, Suite No.1A, 1st Floor, Kolkata-700001 (“MMC,” “we,” “us,” or “our”) and “you,” the user of this Site.
By accessing, browsing and/or using this Web site (“Site”), you acknowledge that you have read, understand, and agree to be bound to these terms of service (“Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, the Privacy Policy, then please do not use the Website.
Your Use of the Site
MMC hereby grants you a limited license to copy and use the materials, features, and services provided by MMC on this Site (collectively the “Materials”) solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.
Acceptable Use Policy
MMC has adopted the following Acceptable Use Policy in order to assure that its electronic greetings are used in a lawful and appropriate manner. While MMC does not ordinarily monitor the content of users’ greetings, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:
- sending harassing, abusive, or threatening messages;
- sending obscene or pornographic messages or images;
- sending defamatory messages;
- sending viruses or other harmful, disruptive, or destructive files;
- sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
Violations of the MMC’s Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional greetings on the service. If the sender is a member of MMC’s subscription service, MMC may disable the sender’s account without compensation or refund.
Spam
You may not use this Site to send online greeting cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. MMC reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. We do not exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
MMC may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH MMC. MMC MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. MMC WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY MMC ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither MMC nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither MMC nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither MMC nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Creating Your Own Greetings and Photos and/or Images
MMC may allow you to create your own greetings by uploading your own photos, artwork and other materials. If you do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.
When you upload material to the Site and use it to create a greeting, your material will be used for the transmission of your digital greeting; however, we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates’ systems and hereby expressly reserve the right to do so.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MMC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. MMC DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND MMC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL MMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MMC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MMC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless MMC, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
Enforcement by Gujaratibirthdaysongs.com
In the event MMC determines, in its sole discretion, that you have violated these Terms, MMC shall have the right to immediately terminate your account (with or without refund) or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law.
Governing Law
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of India.
Updates to Terms
MMC shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.