TERMS OF SERVICE

1. General

"partyscenes.com" (hereinafter, the "Website") and "PartyScenes" (hereinafter the "App") is a brand name owned and operated by Master Aggregator (Conglomerates) Private Limited, a private limited company incorporated under the Companies Act, 2013, (hereinafter referred to as “Company”), having its registered address at No- 211, Block-C, Janhavi Shelters, Koppa Road, Begur Road, BTM 6th Stage, Yelenahalli, Bangalore-560068, India. You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the App and/or Website. These terms are to be read along with the Privacy Policy and any other policies on the App. This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the App and/or Website and being generated by a computer system, it does not require any physical or digital signatures. For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You", "Your" “Yourself” or “User” shall mean and refer to the person visiting, accessing, browsing through and/or using the App and/or Website at any point in time. The term "We", "U", "Our" shall mean and refer to the App and/or Website and/or the Company, depending on the context. The term "Host" shall mean and include but not limited to clubs, restaurants, bars, pubs, lounges, cafes, event organizers, activity organizers and such other organizers who shall organize such party and activities, who are registered under Our Website and/or App. The terms "Services" shall include and refer the services provide by Us. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the App and/or Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the App and/or Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

2. About US

"PartyScenes" is a brand name owned by Master Aggregator (Conglomerates) Private Limited. The brand name is an online platform which includes website and mobile application and aims to cover the nightlife places all over the world. It also aims to evolve a cultural change to make it more transparent and accessible to You.

3. SERVICES OVERVIEW AND HOW WE OPERATE

We provide a dual platform through our Website and App, wherein, the Users shall use the platform for informatics and booking platform, whereas the Hosts shall use the platform for informatics and advertising purpose. Visitors to our App and/or Website may go directly to the respective course page and/or or search their query on home page. We display all relevant information relating to Host’s in a new and more meaningful manner. We provide the option of booking events and activities to the User and We also serve as an exclusive platform to Host who shall advertise their activities and/or events to a sorted and refined set of audience. We serve as an online platform through Our Website and/or App, wherein the Host shall also advertise their business through timeslots provided by Us, even if there is no activity and events to be conducted by them. We shall provide the categorization service, wherein the Hosts registered in Our Website and/or App shall be categorized under different categories based on the public opinions and reviews done by the Users. Users are advised to use mobile phones that are based on new technology, which is required for the smooth running of the App and/or Website and to give the User the best user experience. Users shall be notified via mobile notification when updates are available for the App and/or Website. Users shall turn on their mobile data to be able to login into PartyScenes every time.

4. Registration

Registration is mandatory for both App and/or Website. To use the services provided on the App and/or Website, it is compulsory to create an account and register Yourself on the Website. To create an account, you need to choose a Username and password. You must keep Your account and registration details current and correct for communications related to Your use of Services from the Website. You shall also link Your Facebook or Google Plus accounts to use as Your Username and password. Only a registered User shall have access to the services provided on the App and/or Website. As part of primary registration, We shall collect Your name, email address, mobile number, Location, Gender, Age and password. The Website may be accessed by both registered and unregistered Users.

5. Eligibility

Services on the App and/or Website would be available pan India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App and/or Website.

However, if you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the App and/or Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. For minors under the age of 13 years, you may use the App and/or Website only if a parent or legal guardian registers with the App and/or Website and creates an account. We reserve the right to terminate or refuse your registration, or refuse to permit access to the App and/or Website, if it is discovered or brought to its notice that you are a minor.

You agree and acknowledge that You shall comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You further agree and acknowledge that You have never been convicted of a felony and that You are not required to register as a sex offender with any state or local sex offender registry.

6. Security

Transactions on the App and/or Website are secure and protected. Any information entered by the User when transacting on the App and/or Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / App and/or Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Though We take reasonable care to encourage a respectful user experience through our Website and/or App, We shall not be responsible of for the conduct of any User on or off of the Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person. You shalld not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

7. License and Access

The Company grants you no sub-license, whether limited or not, to access and make personal use of the App and/or Website, and not to download (other than page caching) or modify it or any portion of it, except with express written consent of the Company. You are not permitted any resale or commercial use of the App and/or Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App and/or Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the App and/or Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the App and/or Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company.  You shall not attempt to gain unauthorized access to any portion or feature of the App and/or Website, or any other systems or networks connected to the App and/or Website or to any server, computer, network, or to any of the services offered on or through the App and/or Website, by hacking, 'password mining' or any other illegitimate means.

You hereby agree and undertake not to Host, display, upload, modify, publish, transmit, update or share any information which:

8. Communications

By using this App and/or Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this App and/or Website which are subject to the Privacy Policy. The user agrees to receive promotional communication and newsletters from the Company and its partners. This includes contacting you through information received through other parties. The use of this App and/or Website is also your consent to receive SMS from Us at any time we deem fit. We will be using Third Party SMS gateway to verify customer mobile number, notify order status and to send promotional messages. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the App and/or Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to contact@partyscenes.com You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. The sharing of the information provided by you will be governed by the Privacy Policy and We may or may not sell your information to third parties.

9. Payments and Fees

The Services available on the App and/or Website require payment of fees. The Company reserves the right to change its price list and to institute new charges at any time, and the same may or may not be notified to the User. The User shall pay the requisite fee, as notified by the Company, in order to use the App and/or Website and the fee shall constitute an academic early subscription.

One or many of the following payment options are available on the App and/or Website:

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, 14- digit card number for dinners club, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To successfully subscribe on the App and/or Website, the User is required to complete the transaction by making the payment for the services opted for.

10. User Obligations

You are a restricted user of this App and/or Website. a. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the App and/or Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the App and/or Website is not permitted.

b. You agree not to access (or attempt to access) the App and/or Website and/or the materials or Services by any means other than through the interface that is provided by the App and/or Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App and/or Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the App and/or Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App and/or Website. You acknowledge and agree that by accessing or using the App and/or Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the App and/or Website. Further, You may report such offensive content.

c. In places where this App and/or Website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to: i. use the Service or any content contained in the Service for any commercial purposes without our written consent.
ii. Express or imply that any statements you make are endorsed by Us.
iii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
iv. Engage in any activity that interferes with or disrupts access to the App and/or Website or the Services (or the servers and networks which are connected to the App and/or Website); which shall include but not limited to use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
v. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
vi. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
vii. Post any file that infringes the copyright, patent or trademark of other legal entities;
viii. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App and/or Website or another's computer;
ix. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
x. Probe, scan or test the vulnerability of the App and/or Website or any network connected to the App and/or Website, nor breach the security or authentication measures on the App and/or Website or any network connected to the App and/or Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App and/or Website, or any other customer of the App and/or Website, including any App and/or Website Account not owned by You, to its source, or exploit the App and/or Website or Service or information made available or offered by or through the App and/or Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App and/or Website;
xi. Disrupt or interfere with the security of, or otherwise cause harm to, the App and/or Website, system resources, accounts, passwords, servers or networks connected to or accessible through the App and/or Website or any affiliated or linked Apps and/or Websites;
xii. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
xiii. Use the App and/or Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App and/or Website or other third parties;
xiv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xv. Violate any applicable laws or regulations for the time being in force within or outside India;
xvi. Violate the Terms of Service including but not limited to any applicable Additional Terms of the App and/or Website contained herein or elsewhere;
xvii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xviii. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xix. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
xx. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xxi. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
xxii. Use the Service for any purpose that is illegal or prohibited by this Agreement.
xxiii. spam, solicit money from or defraud any Users.
xxiv. Impersonate any person or entity or post any images of another person without his or her permission.
xxv. Post any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
xxvi. Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
xxvii. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission.
xxviii. use another user's account.
xxix. create another account if we have already terminated your account, unless you have our permission.
You shall not engage in advertising to, or in solicitation of, other Users of the App and/or Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the App and/or Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the App and/or Website. It shall be a violation of these Terms of Service to use any information obtained from the App and/or Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the App and/or Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. We have no obligation to monitor the materials posted on the App and/or Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the app and/or website and in your private messages. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the App and/or Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

11. Copyright and Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the App and/or Website. Access to or use of the App and/or Website does not confer and should not be considered as conferring upon anyone any license to the Company or any third party's intellectual property rights. All rights, including copyright, in and to the App and/or Website are owned by or licensed to the Company. Any use of the App and/or Website or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company. You may not modify, distribute or re-post anything on the App and/or Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the App and/or Website. Access to or use of the App and/or Website does not authorize anyone to use any name, logo or mark in any manner. References on the App and/or Website to any names, marks, products or services of third parties or hypertext links to third party Apps and/or Website or information are provided solely as a convenience to you and do not in any way constitute or imply the Company's endorsement, sponsorship or recommendation of the third party, the information, its product or services. The Company is not responsible for the content of any third party Apps and/or Website and does not make any representations regarding the content or accuracy of material on such Apps and/or Website. If you decide to access a link of any third party Apps and/or Website, you do so entirely at your own risk and expense.

12. Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE APP AND/OR WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS APP AND/OR WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
a. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c. ANY ERRORS OR DEFECTS IN THE APP AND/OR WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
d. CATEGORIES GIVEN BY US ARE JUDGMENT BASED ON CERTAIN EVALUATION WHICH INCLUDES PUBLIC OPINION AND WE SHALL NOT HELD RESPONSIBLE TO USERS OF WEBSITE AND/ OR APPL IN WHATSOEVER CASE AND WE SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS/LIABILITY OCCURRING DUE TO SUCH CATEGORISATION IN ANY MANNER.
e. ADVERTISEMENTS/BANNERS/EVENTS/PROMOTIONS/DISCOUNT OFFERS AND SUCH OTHER SIMILAR POSTS ARE DISPLAYED BY US BASED ON HOSTS INPUT AND WE ARE NOT RESPONSIBLE FOR SUCH CONDITIONS, EVENTS, PROMOTIONS, OFFERS IF NOT BEING ADDRESSED BY HOST.
f. YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ANY ACTIVITY UNDER THE ACCOUNT WILL BE DEEMED TO HAVE BEEN DONE BY YOU.
g. WE ONLY ACT AS A PLATFORM FOR THE USERS TO BOOK THE EVENTS AND/OR ACTIVITIES ARRANGED BY THE HOSTS AND WE SHALL NOT BE HELD LIABLE WHATSOEVER FOR ANY ARRANGEMENTS MADE BY THE HOSTS. HOWEVER WE SHALL TAKE REASONABLE CARE TO AVOID ANY INCONVENIENCE TO THE USERS. FOR SAKE OF CLARITY, WE ACTS AS AN ONLINE PLATFORM FOR FACILITATING AND/ OR AGGREGATING INFORMATION,TICKETING AND SUCH OTHER SERVICES AS WE MAY DEEM FIT. WE SHALL NOT BE DIRECTLY OR INDIRECTLY RESPONSIBLE ON SITE OF HOST FOR ANY SUCH SERVICES.
h. WE SHALL NOT BE HELD RESPONSIBLE FOR THE ACCURACY OF INFORMATION OF THE HOST, EVENTS AND ACTIVITIES LISTED IN THE APP AND/OR WEBSITE. IN THE EVENT YOU PROVIDE US WITH FALSE/INACCURATE DETAILS OR THE COMPANY HAS A REASONABLE GROUND TO BELIEVE THAT FALSE AND INACCURATE INFORMATION HAS BEEN FURNISHED, WE HOLD THE RIGHT TO PERMANENTLY SUSPEND YOUR ACCOUNT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP AND/OR WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR APP AND/OR WEBSITE WITH RESPECT TO THE THIRD PARTY APP AND/OR WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY. WE SHALL NOT BE RESPONSIBLE FOR THE RELEVANCE AND VALIDITY OF COMMENTS MADE BY THIRD PARTIES ON THE PLATFORM. THE USER SHALL BE WHOLLY RESPONSIBLE FOR THE ACCURACY OF EMAIL, PHONE NUMBER, AND PERSONAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR OBTAINING NECESSARY APPROVALS, PERMISSIONS, LICENCES, FROM THE RELEVANT AUTHORITIES FOR CONDUCTING THE EVENTS AND OR ACTIVITIES. IN THE EVENT THAT THE HOSTS FAILS TO GET PRIOR APPROVAL, WE SHALL NOT BE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR THE CONSEQUENSES. AND THE HOST SHALL BE SOLELY RESPONSIBLE FOR THE COMPENSATION TO BE MADE TO YOU. WE SHALL NEITHER BE HELD RESPONSIBLE NOR TAKE LIABILITY DIRECTLY AND/OR INDIRECTLY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WE NEITHER DO ENDORSE AND/OR ADVERTISE AND/OR MARKET AND/OR SUPPLY ALCOHOLS NOR ANY DRUGS AND DO NOT ENGAGE IN ANY SERVICES PROHIBITED BY LAW.

13. Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS APP AND/OR WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE APP AND/OR WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE APP AND/OR WEBSITE, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Termination

This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the App and/or Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the App and/or Website. Such termination will be without any liability to the Company. The Company's right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the App and/or Website or affect any liability that may have arisen under the User Agreement prior to the date of termination.

15. Disputes and Jurisdiction

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. b. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members - one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore, Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bangalore, Karnataka, India.

16. Privacy

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the App and/or Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the App and/or Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

17. Miscellaneous Provisions

a. Entire Agreement: The terms and conditions set forth in this agreement and any additional or different terms expressly agreed by Client and Service vendor shall constitute the entire agreement and understanding of Client and Service vendor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Client and Service vendor shall always remain subject to the terms of Our user Agreement.

b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

18. CONTACT US

If you have any questions about this Agreement, the practices of, or your experience with the Service, you can e-mail us at contact@partyscenes.com.