Terms of Services

Terms of Service - Fitrangi.com

Fitrangi site and services are owned and operated by Fitrangi("Fitrangi "). While using Fitrangi site and services you agree to be bound by the terms of service described below, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service"). Fitrangi on-line services which are available at the Fitrangi Site will, among other things, help you find adventure information, adventure listings and businesses/services you are looking for, by allowing you to get reviews from other users, post and share these reviews with site users, and view third party postings/reviews regarding similar businesses/services. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Fitrangi Site and Services. Please read these Terms of Service carefully. Your access to or use of the Fitrangi Services constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Fitrangi Service.

1. Eligibility.


You must be of the minimum legal age to form a binding contract in your jurisdiction to register as a member of Fitrangi Site or use the Fitrangi Site and Fitrangi Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Fitrangi Services only in conjunction with, and under the supervision of, your parent or guardian, who has agreed to the Terms of Service. If you do not qualify, do not use the Services of Fitrangi. Membership in the Fitrangi Service is void where prohibited by applicable law, and the right to access the Fitrangi Site is revoked in such jurisdictions. By using the Fitrangi Site and/or Fitrangi Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

2. Changes to the Agreement for the Fitrangi Services.

You agree and understand that the Terms of Service for the Fitrangi Site and the Fitrangi Services may be modified by the owners at any time without prior notice, and such modifications will be effective upon posting of the new terms and/or upon implementation of the new changes on the Fitrangi Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Fitrangi Service after any modifications indicates your acceptance of the modified Terms of Service. Unless explicitly stated otherwise by the owner, any new features, new services, enhancements or modifications to the Fitrangi Services implemented after your initial access to the Service shall be subject to these Terms of Service.

3. Registration and Security.

In order to use or access some of the Fitrangi Services, you may be required to register with Fitrangi Site and to select a password and user name, which shall consist of your unique log-in id and you own and use ("User ID"). While registering, you agree to provide accurate, complete, and updated registration information to Fitrangi. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not:
Enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or,
Use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Fitrangi reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Fitrangi Services shall be for your personal use only. You agree to
•    Immediately notify Fitrangi of any unauthorized use of your User ID or password, and
•    Ensure that you exit from your account at the end of each session.

4. Use of the Site/Services by Members.

You may use the Fitrangi Site to solicit reviews from, and share reviews with other users. You may search the database for adventure listings, reviews and business contact information. You may forward reviews to people you know, whether or not they are existing users. You may invite people you know or don’t know to join Fitrangi Site. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Fitrangi Service ("Content"), and other items displayed on the Site, for your own use, provided that you maintain all concerned copyright and other notices of such Content. Fitrangi does not control the Content posted by third parties via the Fitrangi Service or Site, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the services you may be exposed to content that is offensive, indecent or objectionable. Fitrangi is not liable, under any circumstances, for such Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your posting or use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Fitrangi Service. You agree that you must evaluate and bear all risks associated with the use or posting of any Content, including any reliance on the content, integrity, and accuracy of such Content.

5. Restrictions on Rights to Use.


You agree that, you will not, in any way,

•    modify, adapt, translate, or reverse engineer any portion of the Fitrangi Site and/or Fitrangi Service;
•    remove any copyright, trademark or other proprietary rights notices contained in or on the Fitrangi Site and/or Fitrangi Service;
•    use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Fitrangi Site and/or Fitrangi Service;
•    collect any information about other users or members (including but not limited to usernames and/or email addresses) for any purpose other than to solicit and share reviews with other Fitrangi Site users or members;
•    reformat or frame any portion of the web pages that are part of the Fitrangi Site and/or Fitrangi Service;
•    create user accounts by automated means or under false or fraudulent pretences;
•    create or transmit unwanted electronic communications such as "spam" to other users or members of the Fitrangi Site and/or Fitrangi Service or otherwise interfere with other user's or member's enjoyment of the Fitrangi Site and/or Fitrangi Service;
•    submit any third party materials or Content without such third party's prior written consent;
•    submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by Fitrangi;
•    submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
•    transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
•    use of the Fitrangi Site or Fitrangi Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
•    copy or store any Content offered on the Fitrangi Site for other than your own use;
•    submit Content or materials that are unlawful or promote or encourage illegal activity;
•    submit false or misleading information to Fitrangi or at Fitrangi Site;
•    take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
•    use the Fitrangi Site and/ or Fitrangi Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
•    Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

6. Content Posted By You on the Fitrangi Site.


Users shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You understand and agree that Fitrangi reserve the right (but has no obligation) to review and delete any Content, adventure listings, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of Fitrangi violates the Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Fitrangi Site and/or other website users.
Notwithstanding anything to the contrary contained herein you are solely responsible for the any Content that you publish or display on the Fitrangi Site or transmit to other members and/or other website users (hereinafter, "Posted Content"). You are solely responsible for your postings related to the adventure listings and businesses listed on Fitrangi Site. Fitrangi reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
By posting content on the Fitrangi Site, you, who represent and have the right to grant,  agree to and hereby grant, Fitrangi, its contractors, and the users of the Fitrangi Site an irrevocable, perpetual, exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, using such Posted Content and to otherwise exploit the same for commercial or other purposes.
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Fitrangi Site. Fitrangi reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Fitrangi Service and terminating the membership of such violators or blocking your use of the Fitrangi Service and/or Fitrangi Site. You may not post content that:
•    is false or intentionally misleading;
•    is patently offensive such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
•    harasses or advocates harassment of another person;
•    involves the transmission of unsolicited mass mailing or "spamming";
•    promotes illegal activities or conduct that is abusive;
•    is threatening, obscene, defamatory or libellous;
•    is pornographic or sexually explicit in nature; and seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
•    Otherwise illegal and/or immoral in any manner whatsoever.

7. Copyright Dispute Policy.


Fitrangi has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Fitrangis’ Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
It is Fitrangis’ policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or Content residing on or accessible through the Fitrangi Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

•    A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
•    Identification of works or materials being infringed;
•    Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Fitrangi is capable of finding and verifying its existence;
•    Contact information about the notifier including address, telephone number and, if available, email address;
•    A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
•    A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
•    Upon Receipt of a Bona Fide Infringement Notification. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Fitrangi policy:
•    to remove or disable access to the infringing material;
•    to notify the Content provider, member or user that it has removed or disabled access to the material; and
•    that repeat offenders will have the infringing material removed from the system and that Fitrangi will terminate such Content provider's, member's or user's access to the service.

Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

•    A physical or electronic signature of the Content provider, member or user;
•    Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
•    A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
•    The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the India, for any judicial district in which Fitrangi is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

Removal:
If a counter-notice is received by the Designated Agent, Fitrangi may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Fitrangi discretion. Please contact Fitrangi Designated Agent to Receive Notification of Claimed Infringement.

8. Venue Only.


Any activity or correspondence or engagement between you and any third party arising from or in connection with the use of Fitrangi Services shall be solely between you and the applicable third party. Fitrangi shall have no liability, obligation or responsibility for any such activity, correspondence or engagement. You hereby release Fitrangi from all claims arising from such activity, correspondence or engagement.

9. Privacy.

Use of the Fitrangi Site and/or the Fitrangi Service is also governed by Privacy Policy described here.

10. Term.

These Terms of Service will remain in full force and effect while you use the Fitrangi Site and/or Fitrangi Services. Either Party may terminate these Terms of Service for any reason, at any time. However, certain sections described in here and as applicable shall survive any termination or expiration of these Terms of Service.

11. Ownership.

Except for the Content submitted by members or users, the Fitrangi Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Fitrangi or its licensors. You acknowledge that the Fitrangi Services and any underlying technology or software used in connection with the Services contain Fitrangis' proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Fitrangi Site, or Fitrangi Services in whole or in part except as expressly provided in Fitrangis' policies and procedures made available via the Fitrangi Services. Except as expressly and unambiguously provided herein, Fitrangi and its suppliers do not grant you any express or implied rights. Furthermore all rights in the Fitrangi Services granted by Fitrangi to you in any way are retained by Fitrangi.

12. Disclaimer.

FITRANGI SITE IS PROVIDED BY FITRANGI ON AN "AS IS" BASIS. FITRANGI AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE FITRANGI SITE, FITRANGI SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FITRANGI SITE OR IN ASSOCIATION WITH THE FITRANGI SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FITRANGI AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FITRANGI AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE FITRANGI SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FITRANGI SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE FITRANGI SITE. FITRANGI DOES NOT WARRANT OR COVENANT THAT THE FITRANGI SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FITRANGI SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FITRANGI SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM FITRANGI, THE FITRANGI SITE OR THROUGH OR FROM THE FITRANGI SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13. Limitation on Liability.


FITRANGI SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND FITRANGIS’ REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING "LINE-NOISE" INTERFERENCE). WITHOUT LIMITING THE FOREGOING, FITRANGI AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FITRANGI MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO FITRANGI FOR THE FITRANGI SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) INR 1,000/. IF YOU ARE A MAHARASHTRA RESIDENT, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. Indemnity.

You agree to indemnify and hold Fitrangi, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand , including costs and attorneys' fees, made by any third party due to or arising out of (i) your access to the Fitrangi Site, (ii) your use of the Fitrangi Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

15. Miscellaneous.


You agree that any dispute involving or concerned with Fitrangi will be governed by the laws of Republic of India and the State of Maharashtra without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and Courts of the State of Maharashtra, City of India. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Fitrangi in any respect whatsoever. Fitrangi may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Services. These Terms of Service, accepted upon use of the Fitrangi Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Fitrangi regarding the use of the Fitrangi Site and/or the Fitrangi Service. The failure of Fitrangi to exercise or enforce any right or provision of these Terms of Service shall not constitute as a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sub licensable by anyone without Fitrangi’s prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include Fitrangis’ acceptable use policy for Content posted on the Fitrangi Site, Fitrangi's Privacy Policy, and any notices regarding the Fitrangi Site.

16. Contact and Violations.


Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to: go@fitrangi.com

17. TradeMark.    
           
Fitrangi and the Fitrangi Logo are trademarks of Fitrangi.
 
18. Jurisdiction

         
 All claims and disputes will be subject to Mumbai (Maharashtra, India) jurisdiction only.