THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ZOMATCH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR ITS SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT JYOTISH / ASTROLOGY IS YET TO BE ACKNOWLEDGED AS AN EXACT SCIENCE BY MANY, AND EVEN ITS MOST PROFICIENT PRACTITIONERS ARE LIKELY TO MAKE MISTAKES AND ERRORS. WE STRONGLY RECOMMEND THAT YOU DO NOT TAKE TOO SERIOUSLY OR LITERALLY THE JYOTISH / ASTROLOGY INTERPRETATIONS YOU MAY RECEIVE THROUGH THE SITE AND SERVICES. USE YOUR OWN COMMON SENSE AND JUDGEMENT. ANY JYOTISH / ASTROLOGY PREDICTION, RECOMMENDATION, ADVICE OR GUIDANCE THAT YOU RECEIVE THROUGH THE SITE AND ITS SERVICES IS NOT A SUBSTITUTE FOR ADVICE, PROGRAMS, OR TREATMENT THAT YOU WOULD NORMALLY RECEIVE FROM A LICENSED PROFESSIONAL SUCH AS A LAWYER, DOCTOR, PSYCHIATRIST OR FINACIAL ADVISOR. ACCORDINGLY, WE PROVIDE NO GUARANTEES, IMPLIED WARRANTIES, OR ASSURANCES OF ANY KIND, AND WILL NOT BE RESPONSIBLE FOR ANY INTERPRETATION MADE OR USED BY THE RECIPIENT OF THE INFORMATION, PREDICTION AND DATA PROVIDED AT ZOMATCH. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM USE, MISUSE OR INTERPRETATION OF JYOTISH / ASTROLOGY OR KUNDALI RELATED INFORMATION THEREIN.
ZOMATCH CONFIRMS AND YOU UNDERSTAND, ACKNOWLEDGE AND FULLY AGREE THAT THE VAST BREADTH AND DEPTH OF THE JYOTISH FIELD MAKES IT QUITE IMPOSSIBLE FOR JYOTISH PREDICTIONS AND RELATED INFORMATION TO BE COMPREHENSIVE, COMPLETE AND FULLY ACCURATE IN THE SITE AND ITS SERVICES. THEREFORE ZOMATCH DOESN'T GUARANTEE COMPLETENESS AND ACCURACY OF JYOTISH OR KUNDFALI RELATED ADVICE OR PREDICTIONS PROVIDED IN THE SITE OR SERVICES AND STRONGLY RECOMMENDS THAT ALL JYOTISH OR KUNDALI RELATED INFORMATION OR PREDICTION INCLUDING, BUT NOT LIMITED TO, GUNA MILAP ANALYSIS OR EVEN THE VERY ACCURACY OF THE KUNDALI (BIRTH-CHART) BE VERIFIED BY A COMPETENT AND EXPERIENCED JYOTISH IN YOUR LOCALITY OR ELSEWHERE.
ZOMATCH DOES NOT RECOMMEND OR DISSUADE, IN ANY MANNER OR FORM, THE USE OF JYOTISH BY ANYONE.
This is a legal agreement ("Agreement") between you and www.ZoMatch.com (the "Site"), which includes its owner and parent company Zotality, Inc. (the "Company") which may be contacted at:
Suite 3186, 1321 Upland Drive, Houston, TX 77043, USA
By accessing the ZOMATCH web site either via mobile device, mobile application or computer and similar devices; which is currently located at www.ZoMatch.com, and using any of the Services ("Services") accessible through the Site including, but not limited to, the ones as defined below you become a user and agree to, whether or not you create a ZoMatch account, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or its Services. This Agreement is subject to change by ZOMATCH in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
YOU ARE BOUND BY THIS AGREEMENT AS LONG AS YOU USE THE SERVICES PROVIDED THROUGH THE SITE, AND IF YOU DO NOT AGREE THEN DO NOT USE THE SITE OR THE SERVICES PROVIDED HEREIN.
You are using ZOMATCH on behalf of a company or other legal entity, then both you, individually, and that company or other legal entities are bound by this Agreement. If you do not agree with any part of this Agreement then do not become a User, do not conclude the Agreement, do NOT access, view, download or otherwise use any of the Site's webpage and Services. By accessing the site and, or, becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Additional terms are either listed herein or will be presented to you when you begin to use certain Services. You must accept those terms and conditions for accessing, using or participating in those other Services
You further acknowledge and agree to: (a) Keep your password secure and confidential; (b) not permit others to use your account; (c) refrain from using other Users' accounts; (d) refrain from selling, trading, or otherwise transferring your ZOMATCH account to another party; and (e) refrain from charging anyone for access to any portion of ZOMATCH, or any information therein. Further, you are responsible for anything that happens through your account. To close your account click here.
ZOMATCH may offer additional services or revise and change any of the Services, at its sole discretion, and this Agreement will apply to all additional and/or revised and changed Services. ZOMATCH may even stop offering any one or more of its Services at any time in its sole discretion.
To be eligible to use the Site and its Services, you must meet the following criteria and you hereby represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a ZOMATCH user account, (3) are not a competitor of ZOMATCH or are not using the Services for reasons that are in competition with ZOMATCH; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of ZOMATCH, including intellectual property rights such as copyright or trademark rights; (6) are not married at the time and during use of the Site and Services; (7) have never been convicted of a felony and are not a sex offender, and (8) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Minimum Age. 18 years is the minimum age required to register for the Services and/or use the Services in this site; and you must be at least 18 years old to use the Services provided by the Site. By using the Service, you represent and warrant that you are at least 18 years old. Additional age requirements, if any, for particular services may be disclosed on such Services. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
Criminal History. By registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and are not a sex offender or required to register as a sex offender with any local, state or central government entity.
2. Proprietary Rights.
Proprietary Information. You hereby acknowledge and agree that ZOMATCH is the owner of highly valuable proprietary information, including without limitation, the Guna Milap compatibility analysis system, Calculate Meeting Time engine, User Profiles, Match Preferences, Dasha Charts, Dasha Predictions, and other Jyotish Services (collectively, "Proprietary and Confidential Information"). ZOMATCH owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all proprietary and Confidential Information.
Use of Proprietary and Confidential Information. You will not post, copy, modify, transmit, create any derivative works from, distribute, or reproduce in any way any (a) Proprietary and Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary and confidential information
Information posted by other Users. You will not copy, modify, transmit, distribute, commercially use, or sell any proprietary information, belonging to ZOMATCH or other users, available via the Site.
License to Posted Content. By posting picture, image, video, information or content to any feature, program, profile or preference pages or other area of the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant, to ZOMATCH and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
3. User Information.
Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on ZOMATCH's Privacy Statement located on the Site. By using the Site or the Services, you are consenting fully and completely to the terms of ZOMATCH's Privacy Statement.
Posting of Contact Information. You agree that you will not post any profile page you may have on a third party website, e-mail addresses, contact information, personal website address at any place except those titled or created specifically for entering such information.
Disclosure Required by Law. You acknowledge and agree that ZOMATCH may disclose information you provide if required to do so at the request of a third party, by law, or if we in our sole discretion believe that disclosure is reasonable to comply with the law, or any legal process (whether or not such disclosure is required by applicable law); or protect or defend ZOMATCH's, or a third party's rights or property; or protect someone's health or safety.
Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the
Privacy Statement, ZOMATCH may disclose, but is not obliged to disclose, any information that you post or submit to the Services, if ZOMATCH, in its sole opinion has reason to suspect that the information involves a party, whether a group or individual, who may be the victim of abuse in any manner or form. Information may be disclosed to authorities that ZOMATCH, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and fully agree that ZOMATCH is permitted to make such disclosure if and when required, in its sole discretion.
Use for Research Purposes. By using the Services, you agree to allow ZOMATCH to anonymously use the information from you and your experiences to improve the Services and to publish it where ever ZOMATCH deems it appropriate to publish such work. ZOMATCH however, will not publish your personal identifying information.
Mobile Services. ZOMATCH is mobile phone accessible and may also offer the Services through mobile applications created by it or third party developers ("Platform Developers"). If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your ZOMATCH data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your ZOMATCH account information to ensure that your messages are not sent to your mobile account and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Site and Services through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
4. Use of Site.
As a user of the Site or a user registered to use any of the Services (a "Registered User") provided at the site, you agree to the following:
For Exclusive Use. Your account is for your personal use only and cannot be assigned or transferred to any other person or entity. You acknowledge that ZOMATCH is not responsible for approved or unapproved third party access to your account resulting from theft or misappropriation of your user names and passwords.
Limitations. You will only use the Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, US and Indian export control laws. You must comply with all applicable laws, regulations, and other legal requirements, the Agreement, as may be amended from time to time with or without advance notice. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
Information you post or submit. You are solely responsible for, and assume all liability regarding, (i) the information and content you make available, submit, post, transmit, or publish ("post") through the Site and its Services; and (ii) your interactions with other Registered Users, whether Free or Paid subscribers, through the Services.
You represent and warrant that you own the information and material that you provide, submit, share, create, post or otherwise expose on the Site and Services. You grant ZOMATCH a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to ZOMATCH and Zotality, Inc., including but not limited to any user generated content, ideas, concepts, techniques or data to the Services, you submit or post to ZOMATCH, without any further consent, notice and/or compensation to you or to any third parties. Any information or material you provide, submit, share, create, post or otherwise expose is at your own risk of loss and harm as noted in other sections of this Agreement. By providing, submitting, sharing, creating, posting or otherwise exposing information or material to us, you represent and warrant that the information or material is accurate, not confidential, and is not in violation of any legal or contractual restrictions or third party rights. It is your responsibility to keep your information and material accurate and updated.
You also warrant that you will not post, or otherwise make available content or images that requests donations or money from, or is intended to defraud, other users of the Service; provides or contains information or data you do not have a right to make available; incites or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; promotes misleading information or illegal activities; or indulges in conduct that is defamatory or otherwise objectionable; contains video, audio photographs, content or images of another person without his or her permission or in the case of a minor, the minor's legal guardian; involves the transmission of "junk mail", "chain letters," or mass mailing or "spamming" or similar activities; contains sexually exploiting material, or offers instructional information about illegal activities; advocates or promotes harassment or intimidation of another person; contains viruses, time bombs, trojan horses, disruptive codes or components; contains inside information; contains proprietary and confidential information; promotes commercial activities and pyramid schemes. The Company reserves the right, in its sole discretion, to take legal and other action against anyone who violates this provision. The Company in its sole discretion may remove such information and terminate the account of such individuals.
Service Availability. For as long as ZOMATCH continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, we allow you to access ZOMATCH as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue ZOMATCH, partially or entirely, or change and modify prices for all or part of the subscription based or Paid Subscription Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.
Precaution and Assumption of Risk. All risk associated with use of Services is yours and assumed by you, including but not limited that associated with any direct or indirectly related online or offline interactions with others, meetings, dating and matrimonial alliance. You are advised and you agree to take all necessary precautions when meeting anyone through the Service. You understand that ZOMATCH makes no guarantees, either express or implied, regarding its compatibility matching including, but not limited to, Jyotish and Guna Milap compatibility matching and your compatibility with individuals you meet through the Services. ZOMATCH assumes no responsibility for and makes no guarantees, either expressed or implied, regarding the character, demeanor and conduct of individuals you meet through the Services. ZOMATCH also makes no guarantees as to number or frequency of matches which may be presented to you on the Site through the Service.
Interactions with Other Users: You are solely responsible for your interactions with other Users. ZOMATCH, in its sole discretion may: limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. ZOMATCH reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if ZOMATCH determines, in its sole discretion, that doing so is necessary or appropriate.
YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. ALTHOUGH THE COMPANY USES THE PRINCIPALS OF THE SYNASTARY OF ASTROLOGY FOR DETERMINING COMPATIBILITY BETWEEN TWO USERS, IT HOWEVER MAKES NO PERSONAL REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THE ACCURACY OR EFFICACY OF SUCH COMPATIBILITY ANALYSIS WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
in no event shall ZOMATCH or the Company, its affiliates or its partners be liable (directly or indirectly) for any damages or losses whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from online connection, communications or in-person meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all communications, interactions and personal off-line meetings with other users. You agree to take all precautions and safety measures if you decide to meet in person, or have financial transaction or send money or donations to another user. You also agree to carefully read and follow the Company's Safety Tips. You understand fully that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. Guna Milap only suggests the quantum of effort that it'd require to enjoy someone's company and a high Guna Milap score is not a guarantee of compatibility. You also understand and agree to not disclose any personal, private, identity, contact and financial information or send money or donations to any person you meet through the Service.
Reporting of Violations. You understand and agree that you will promptly report to ZOMATCH any violation of the Agreement by others, including but not limited to, Registered or Paid Subscribers or Paid Users.
Removal of Content. ZOMATCH has no obligation, but reserves the right to monitor the information or material, including photos or text you submit to the Services or post in the public areas of the Services. ZOMATCH reserves the right to remove any such information or material that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
ZOMATCH further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by ZOMATCH to be contrary to this Agreement. For avoidance of doubt, ZOMATCH has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Site and Services.
ZOMATCH reserves the right to remove, discard or not display your profile photo or text describing yourself for any reason, including unsuitability, or even for no reason at all.
Communication Restrictions. You will not post on the Site, communicate any content (or links thereto), or engage in any activity on the Site or through the Services, that is aimed or intended to harass, threaten or intimidate or promote hatred, bigotry or physical harm of any kind against any group, individual or other user of the Site or Services;
You will not post on the Site, communicate any content (or links thereto), or engage in any activity on the Site or through the Services, that sexually charged, abusive, objectionable, obscene, and otherwise offensive;
You will not post on the Site, communicate any content (or links thereto), or engage in any activity on the Site or through the Services, that contains others' copyrighted content including, but not limited to, applications, photographs, images, music, movies, videos, software, etc. without prior permission of the owner of the copyrighted content and as well as our permission first;
You will not post on the Site, communicate any content (or links thereto), or engage in any activity on the Site or through the Services, that contains photographs, images, videos or audios of another person without the owner's prior permission;
You will not post on the Site, communicate any content (or links thereto), or engage in any activity on the Site or through the Services, that contains photographs, images, videos or audios of a minor, without obtaining the prior permission of the minor's legal guardian;
You will not post on the Site, communicate any content (or links thereto), or engage in any activity on the Site or through the Services, that promotes or enables illegal or unlawful activities, violate someone's privacy, harm or harass another person, solicits gambling or engages in any gambling or other such activity, obtain others' identity information, disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes create or disseminate computer viruses, time bombs, trojan horses, cancelbots, worms or other harmful, uses scripts, bots or other automated technology to access the Site or Services, or for spamming, spimming, phishing, trolling, or similar activities, or uses the Site or Services for chain letter, junk mail or spam e-mails or disruptive codes, components or devices or circumvent copy-protect devices; You will not post on the Site, communicate any content (or links thereto), or engage in any activity on the Site or through the Services, that are intended to swindle or deceive other users of the Services, impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity, or solicits involvement in or support of a political platform, religion, cult, or sect.
In addition to the points stated above, and as a condition to access ZOMATCH, you also agree to strictly observe the following DOs and DON'Ts:
Do undertake the following.
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with notices sent by ZOMATCH concerning the Services; and
Use the Services in a professional manner.
Don't undertake the following.
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to ZOMATCH;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on ZOMATCH (excluding content posted by you) except as permitted in this Agreement, ZOMATCH's developer terms and policies, or as expressly authorized by ZOMATCH;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature;
Create a user profile for anyone other than a natural person;
Utilize information, content or any data you view on and/or obtain from ZOMATCH to provide any service that is competitive, in ZOMATCH's and Zotality Inc.'s sole discretion, with ZOMATCH;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by ZOMATCH unless you have entered into a written agreement with ZOMATCH (this includes, but is not limited to representing yourself as an accredited and qualified ZOMATCH Jyotish if you have not been certified by ZOMATCH as such);
Adapt, modify or create derivative works based on ZOMATCH or technology underlying the Services, or other Users' content, in whole or part, except as permitted under ZOMATCH's developer program;
Rent, lease, loan, trade, sell/re-sell access to ZOMATCH or any information therein, or the equivalent, in whole or part;
Deep-link to the Site for any purpose, (i.e. including a link to a ZOMATCH web page) unless expressly authorized in writing by ZOMATCH;
Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through ZOMATCH-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
Access, via automated or manual means or processes, ZOMATCH for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
Engage in "framing," "mirroring," or otherwise simulating the appearance or function of ZOMATCH's website;
Attempt to or actually access ZOMATCH by any means other than through the interfaces provided by ZOMATCH;
Attempt to or actually override any security component included in or underlying ZOMATCH;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or ZOMATCH personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark or other proprietary rights notices contained in or on ZOMATCH, including those of both ZOMATCH and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on ZOMATCH;
Harass, abuse or harm another person, including sending unwelcomed communications to others using ZOMATCH;
Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from ZOMATCH except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non-Users without their express consent;
Interfere with or disrupt ZOMATCH, including but not limited to any servers or networks connected to ZOMATCH;
Invite people you do not know to join your network;
Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo;
Use or attempt to use another's account without authorization from the Company, or create a false identity on ZOMATCH;
Infringe or use ZOMATCH's brand, logos and/or trademarks, including, without limitation, using the word "ZOMATCH" or "Enabling Compatible Connections" or "Why Match When You Can ZoMatch?" or other slogan or tag-line at ZOMATCH in any business name, email, or URL or including ZOMATCH's trademarks and logos except as expressly permitted by ZOMATCH;
Upload, post, email, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ZOMATCH);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using ZOMATCH to send messages to people who don't know you or who are unlikely to recognize you as a known match / contact / user; (b) using ZOMATCH to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages in bad taste or language;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ZOMATCH or any User of ZOMATCH; Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
False Information. You will not provide inaccurate, misleading or false information to ZOMATCH or to any other user and will promptly notify ZOMATCH if the information posted by you becomes false or misleading
Commercial Solicitation. No advertising solicitation is permitted on the Site and you will not sell or prompt any user to buy or sell any products or services through the Site or Services. You will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. If you breach the terms of this subsection and send or post unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial damage and harm to ZOMATCH and Zotality, Inc. Since it would be difficult to ascertain the amount of such harm, you agree to pay ZOMATCH US $500, or an equivalent amount in the currency of the country in which you reside, as a reasonable estimation of such harm, for each such unsolicited communication you initiated or successfully sent through the Services.
Bona Fide Purpose. Your use of the Site must be for bona fide friendship or relationship-seeking purposes; you may not become a Registered User of the Site unless you are serious about your search for a friend. You acknowledge and are comfortable with ZOMATCH creating test profiles in order to test and monitor the Site and its Services
Harassment of ZOMATCH Team. You will not harass, intimidate or threaten any ZOMATCH team member including its employees or agents involved in providing services to you.
To resolve a complaint regarding the Service, you should e-mail us by clicking here.
6. Communication and Privacy.
You explicitly acknowledge and agree that ZOMATCH may use your email address and mobile phone number to send you messages notifying you of important changes to the Services, member status, match updates or special offers. You also agree that ZOMATCH may communicate with you through your ZOMATCH user account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. You may want to refer to our Privacy Statement to review your options regarding such communication by us.
You acknowledge and agree that we shall have no liability associated with or arising from your failure to actually receive critical information about the Service or your failure to provide us with accurate or current contact or other information.
7. Term and Termination.
This Agreement will become effective upon access of the site or use of the Site or the Services by you and will remain in effect in perpetuity unless terminated hereunder. Either you or ZOMATCH may terminate your account at any time, for any reason or no reason, without explanation. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. ZOMATCH reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or even no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid, for any purpose whatsoever, to ZOMATCH by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: ZOMATCH, C/O Zotality, Inc., Suite 3186, 1321 Upland Drive, Houston, TX 77043, USA. ZOMATCH reserves the right to send a notice thereof to other Registered Users with whom you have corresponded.
8. Cancellations & Termination.
Mutual rights of termination or cancellation. You may terminate or cancel this Agreement (but by doing so you will be terminated from using our Services), for any or no reason, at any time, with notice to ZOMATCH. This notice will be effective upon ZOMATCH processing your notice. ZOMATCH may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your account includes disabling your access to ZOMATCH and may also bar you from any future use of ZOMATCH.
Misuse of the Services. ZOMATCH, in its sole discretion, may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes, but is not limited to, creating multiple or false profiles; using the Services commercially without ZOMATCH's authorization, infringing any intellectual property rights, or any other behavior that ZOMATCH, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, ZOMATCH has adopted a policy of terminating accounts of Users who, in its sole discretion, are deemed to be infringers under the United States Copyright Act.
In Case of Dispute involving Paid Products and Paid Subscription Services. A copy of the Invoice with your order details will be emailed to the email address provided by you to ZOMATCH and the same will be available to you for viewing online upon logging into your ZOMATCH account. You are also advised to save copies of the Order Details at more than one separate location. ZOMATCH will also retain a copy of the same, in its data-base, and will rely on the copy that it retains for resolution of disputes. The Invoice / Order Details shall clearly list the (a) Order Number, (b) Date of Order, (c) Type of Membership or Service, (d) Duration of Service, (e) Mode of Payment, and (f) Amount Paid.
Effect of Termination. Upon the termination of your ZOMATCH account, you lose access to the Services. In addition, ZOMATCH may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination hereof.
Cancellation with No Refund. You may cancel/deactivate your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the "Edit My Account" page under the "Profile" option on your membership home page, clicking on "Account Deactivation" link/button, and providing the information, if and when requested. You may also cancel your subscription or plan membership by accessing the "My Plan" page under "Memberships" option and clicking on "Cancel Subscription" link/button, and providing the information, if and when requested. In both cases, your subscription to any Premium Plan, if active, will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. In addition, you may e-mail Customer Care by clicking here.
Registration and use of basic user account and Services at ZOMATCH are free. However, if you purchase any services that we may offer for a fee, either on a one-time or subscription basis, through a third party or otherwise, you agree and acknowledge that ZOMATCH will use and retain your payment information. You also agree to pay the applicable fees for any subscription based or Paid Plan Services (including, without limitation, periodic fees for premium plan subscription accounts) as they become due plus all related taxes, and to reimburse us for all collection costs (including reasonable attorney's fees) and interest for any overdue amounts. Your obligation to pay fees for Premium Plans and Paid Subscription Services continues through the date you cancel your subscription to Paid or Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You understand and acknowledge that you may cancel your fee based subscription and Premium Plan Services at any-time. You also acknowledge that ZOMATCH's Premium Plan or Paid Subscription based Services are subject to this Agreement and any additional terms related to the provision of the paid subscription based or Premium Plan Service.
Refund applicable under certain conditions: ZOMATCH will refund via same source, as used for making, any erroneous and duplicate charges within 3 to 4 business days of your request for refund or ZOMATCH's discovery of such erroneous or duplicate charges
Refund applicable on certain cancellations: As long as you have not utilized or benefited from the paid service that you purchased you may be entitled to a refund of the purchase amount provided you cancel within 24 hours of placing your order. The Company will not refund any amount after expiry of 24 hours of purchase or if you have used any feature or benefit of the paid service purchased by you.
Cancellation due to Death or Disability. If due to death or disability you are unable to receive Premium Plan Subscription for which you contracted, your estate or you may elect to be let go of the obligation to make payments for services other than those received before death or the onset of disability.
In case you have prepaid any amount for Premium Plan Subscription pr paid subscription, only the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
"Disability" means a condition which precludes you from physically using ZOMATCH Services during the term of disability provided that condition is verified in writing by a physician designated by you. Written verification from the physician is required by ZOMATCH.
If the physician determines that the duration of the disability will be less than twelve (12) months, ZOMATCH may extend the term of the Premium Plan Subscription for a period of six (6) months in lieu of cancellation and at no additional charge to you.
In order to provide uninterrupted Premium Plan service, ZOMATCH automatically renews all paid subscriptions for Services on the day such subscriptions expire and for generally the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month on a 3-month basis, an annual subscription will renew for another year, and so on and so forth). We may also offer promotions on renewal periods. ZOMATCH will communicate renewal periods to you upon confirmation of your subscription. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals in case of Premium Plan Subscriptions or paid subscriptions. If you do not wish for your premium plan to auto-renew then you can always cancel the "Auto Renew" feature by contacting us at firstname.lastname@example.org or by clicking on the "Cancel Auto Renewal" link/button in the "My Plan" page.
10. Digital Millennium Copyright Act Notice.
Please notify ZOMATCH if you believe that your copyrighted work which is posted, by someone besides you, and accessible on this site has been copied in a way that constitutes copyright infringement, please notify ZOMATCH's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identify copyrighted work that is being infringed;
3. Identify the material that is claimed to be infringing and its location on the Site;
4. Your contact information which shall be reasonably sufficient for ZOMATCH to contact you, such as your address, telephone number, and e-mail address;
5. A written statement acknowledging your good faith belief that use of the material is not authorized by the copyright owner, its agent, or law; and
6. A statement claiming accuracy of the above information, made under penalty of perjury, identifying you as the copyright owner or the person authorized to act on behalf of the owner of the copyrighted material.
Submit the aforementioned to the following to:
Designated Copyright Agent
C/O Zotality Inc.
Suite 3186, 1321 Upland Drive
USA - 77043
11. Links, Advertisers and Sponsors.
Further, your correspondence, participations or dealings with, advertisers or sweepstakes sponsors found on or through the Services are solely and entirely between you and such advertiser or sponsor. You explicitly agree that ZOMATCH will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or sharing of the information you supply to ZOMATCH with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Site or Services. Further information on how we use your information is available in Privacy Statement.
12. Disclaimer of Warranty.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON ZOMATCH, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR ZOMATCH AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
NO WARRANTIES. ZOMATCH PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE INFORMATION, ADVICE, PREDICTION OR SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN INCLUDING, BUT NOT LIMITED TO JYOTISH OR KUNDALI RELATED PREDICTION OR INFORMATION), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZOMATCH DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ZOMATCH DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. ZOMATCH DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT JYOTISH / ASTROLOGY IS YET TO BE ACKNOWLEDGED AS AN EXACT SCIENCE BY MANY, AND IS SUBJECT TO MISTAKES AND ERRORS. WE STRONGLY RECOMMEND THAT YOU DO NOT TAKE TOO SERIOUSLY OR LITERALLY THE JYOTISH / ASTROLOGY INTERPRETATIONS YOU MAY RECEIVE THROUGH THE SITE AND SERVICES. USE YOUR OWN COMMON SENSE AND JUDGEMENT. ANY JYOTISH / ASTROLOGY PREDICTION, RECOMMENDATION, ADVICE OR GUIDANCE THAT YOU RECEIVE THROUGH THE SITE AND ITS SERVICES IS NOT A SUBSTITUTE FOR ADVICE, PROGRAMS, OR TREATMENT THAT YOU WOULD NORMALLY RECEIVE FROM A LICENSED PROFESSIONAL SUCH AS A LAWYER, DOCTOR, PSYCHIATRIST OR FINACIAL ADVISOR. ACCORDINGLY, WE PROVIDE NO GUARANTEES, IMPLIED WARRANTIES, OR ASSURANCES OF ANY KIND, AND WILL NOT BE RESPONSIBLE FOR ANY INTERPRETATION MADE OR USED BY THE RECIPIENT OF THE INFORMATION AND DATA MEMNTIONED ABOVE. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM USE, MISUSE OR INTERPRETATION OF JYOTISH / ASTROLOGY OR KUNDALI RELATED INFORMATION THEREIN.
ZOMATCH CONFIRMS AND YOU UNDERSTAND, ACKNOWLEDGE AND FULLY AGREE THAT THE VAST BREADTH AND DEPTH OF THE JYOTISH FIELD MAKES IT QUITE IMPOSSIBLE FOR JYOTISH PREDICTIONS AND RELATED INFORMATION TO BE COMPREHENSIVE, COMPLETE AND FULLY ACCURATE IN THE SITE AND ITS SERVICES. THEREFORE ZOMATCH DOESN'T GUARANTEE COMPLETENESS AND ACCURACY OF JYOTISH OR KUNDALI RELATED ADVICE OR PREDICTIONS PROVIDED IN THE SITE OR SERVICES AND STRONGLY RECOMMENDS THAT ALL JYOTISH OR KUNDALI RELATED INFORMATION OR PREDICTION INCLUDING, BUT NOT LIMITED TO, GUNA MILAP ANALYSIS OR EVEN THE VERY ACCURACY OF THE KUNDALI (BIRTH-CHART) BE VERIFIED BY A COMPETENT AND EXPERIENCED JYOTISH IN YOUR LOCALITY OR ELSEWHERE.
ZOMATCH DOES NOT RECOMMEND OR DISSUADE, IN ANY MANNER OR FORM, THE USE OF JYOTISH BY ANYONE.
Third Party Content. Offers or other information or content made available through the Site or Services, but not directly by ZOMATCH, are those of their respective providers or authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ZOMATCH DOES NOT ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY STATEMENT MADE BY ANY PARTY AND UNDER NO CIRCUMSTANCES WILL ZOMATCH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
New Features. The provisions of this Disclaimer of Warranty section apply with full force to new features or tools. ZOMATCH, from time to time, may offer new "new" features or tools for users to try and experiment with on the Site or Services. Such features or tools do not carry any warranty of any kind, and may be modified or discontinued at ZOMATCH's sole discretion.
ZOMATCH IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTINGS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH ZOMATCH TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL SERVICE OR TECHNOLOGY TO US.
ZOMATCH DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, ZOMATCH DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
13. Limitation of Liability.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ZOMATCH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ZOMATCH KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ZOMATCH'S AND ZOTALITY INC.'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID ZOMATCH FOR THE USE OF ANY SERVICES, YOU MAY CLOSE YOUR ZOMATCH ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Neither ZOMATCH nor its holding company Zotality, Inc. or Sanvi Infotech Pvt. Ltd, the Company managing the Site, nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("ZOMATCH Affiliates") shall be liable for (a) any damages in excess of the most recent monthly fee that you paid for a Premium or Plan Subscription or Fee based Service or Product, if any. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose.
No Liability for non-ZOMATCH Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOMATCHBE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. YOU ACKNOWLEDGE AND AGREE THAT ZOMATCH IS NOT AND CANNOT BE HELD RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED ON THE SITE OR SERVICES BY YOU.
No Liability for Jyotish or Kundali related Predictions or Information. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOMATCH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OF OR BELIEF IN JYOTISH AND KUNDALI PREDICTIONS AND INFORMATION ON THE SITE OR SERVICES BY YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO YOU MET IN PERSON OR INTERACTED WITH ONLINE BASED ON COMPATIBILITY OR OTHER JYOTISH EVALUATION.
Verification of Information. You acknowledge and agree that ZOMATCH will have no liability to you arising from any incorrectly verified information.
Neither ZOMATCH nor Zotality, Inc. and any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("ZOMATCH Affiliates") shall be liable for (a) any damages in excess of two times the most recent monthly fee that you paid for a Premium or Fee based Service, if any, or US $10, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from ZOMATCH. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that ZOMATCH may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium or Fee based Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
13. Limitation of Liability.
You agree to indemnify, defend and hold harmless ZOMATCH and its parent company Zotality, Inc. its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) your use of or inability to verify Jyotish and Kundali related information and prediction by a competent, experienced and qualifies Jyotish in your local area or elsewhere, (c) your use of Jyotish and Kundali related information and prediction without conducting your own research and study of the subject of Jyotish and verifying its authenticity and accuracy from other known and established sources, (d) for anything more than any user postings made by you, (e) your violation of any terms of this Agreement or your violation of any rights of a third party, or (f) your violation of any applicable laws, rules or regulations. ZOMATCH reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ZOMATCH in asserting any available defenses.
Agreement to Arbitrate and Pay Attorneys' Fees. Any Disputes in the US, Europe and Latin America shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association in the USA, to be held in the state of Delaware in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by you.
Any disputes in Asia, including India, Africa, Australia and New Zealand shall be resolved by final and binding arbitration under the rules and auspices of the Indian Arbitration Act in India, to be held in Delhi in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by you.
Exception from Arbitration Agreement. We may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
15. General Terms.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Notices and Service of Process. We may notify you via postings on www.ZoMatch.com. You may contact us via email at: [email@example.com] Or via mail or courier at:
If US, Europe or Canada, then: ZOMATCH c/o Zotality, Inc. Suite 3186, 1321 Upland Drive, Houston, TX 77043, USA
If Asia, including India, then: ZOMATCH c/o Sanvi Infotech Pvt. Ltd, First Floor behind Premier Auto Finance, Haridwar Road, Shastri Nagar, Post Office Nehru Gram, Dehradun, Uttrakhand 248005, INDIA.
Additionally, ZOMATCH accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third party software.
Amendments to this Agreement. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting of such modifications, supplements or replacements at www.ZoMatch.com. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
No informal waivers, agreements or representations. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ZOMATCH's Affiliate, and its parent company ZoTality, Inc., shall be deemed legally binding on any ZOMATCH Affiliate, or ZoTality, Inc., unless documented in a physical writing hand signed by a duly appointed officer of ZOMATCH or Zotality, Inc.
No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Beneficiaries. Entities other than ZOMATCH and Zotality, Inc., and entities in which ZOMATCH or its parent company Zotality, Inc. owns a 50% or greater interest in ("Affiliate") are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, effective upon notice to you, for any third party that assumes our rights and obligations under this Agreement.
support@ZoMatch.com Copyright@ZoMatch.com a property of Zotality, Inc. (USA) and Managed by sanvi Infotech Pvt. Ltd (India)
16. Revision Date.
This Agreement was last revised on 10 February 2016.