Terms of Use

LAST UPDATED: [19.11.14]

This website, http://www.Theitchlist.com (the “Site”) is owned and operated by Itchlist and its affiliates (collectively, “Itchlist”). These Terms of Use (“Terms”) describe the terms and conditions upon which you, the user (referred to herein as “you” and “your”), may access and use the Site, its Contents (defined below), and any services made available to through or in connection with the Site (the “Services”).

Itchlist reserves the right to change these Terms of Use upon notice to you, which notice may be given by Itchlist posting revised Terms of Use on the Site, by e-mail, or any other reasonable way. If a change is notified by posting revised terms of Use on the Site, it shall take effect when posted. If a change is notified by e-mail, it shall take effect when the e-mail is sent. If a change is notified in any other way, it shall take effect when the relevant notice is sent or issued by or on behalf of Itchlist. Your continued use of this Site following notice of such change will be deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use by posting on the Site, by e-mail, or by any other reasonable way constitutes reasonable and sufficient notice.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM JUST AS IF YOU HAD SIGNED THESE TERMS. You also hereby acknowledge that you have read and understand the Privacy Policy [Privacy Policy] and consent to Itchlist’s use of your Personal Information as set out therein (including, with respect to Users resident in European Economic Area, and the transfer of your Personal Information outside European Economic Area). If you do not agree to these Terms of Use or the Privacy Policy, you may not use this Site.

The official language of the Terms of Use will be in the English language except as required by local law. Any translations of the Terms of Use will be for reference purposes only. The details of the Terms of Use in the English language will prevail over any terms of any translations hereof in the event any dispute arises regarding any conflicting terms.

1.YOUR RIGHT TO USE THE SITE.

These Terms of Use provide you with a personal, revocable, non-exclusive, non-transferable license to use the Site, its Content (defined below) and the Services, conditioned on your continued compliance with the Terms set forth herein. You may, on an occasional and irregular basis, print and download Content on the Site solely for personal use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such Content. You cannot sell the available Content or otherwise distribute it for a fee. You will not use or disclose it or the Site to any third parties except as expressly permitted by these Terms. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not 1! modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any Content obtained from or through this Site. Further, you may not post any Content from this Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Itchlist. You warrant that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Site, (ii) collecting any information about other users of this Site, including passwords, accounts or other information, or (iii) systematically extracting data contained on this Site to populate databases for internal or external business use.

2.MINIMUM AGE.

The Site is not meant for use by any person under the age of 18 without the supervision of a parent or guardian 18 years of age or older. Any person under the age of 18 may only use the Site under the supervision of a parent or guardian 18 years of age or older.

3.ACCOUNT REGISTRATION.

Certain Services are only available if you register. In consideration of your use of these Services, you must register by providing certain registration information as prompted by online Itchlist registration forms (the “Registration Information”). Registration Information may include your name, postal address, telephone number(s), e-mail address(es) and applicable payment information (e.g., credit card numbers, expiration dates and the like) that we use to facilitate purchases through the Site. You agree that the Registration Information you provide is true, accurate, current and complete, and that you will update and maintain the truthfulness, accuracy and completeness of such information. Failure to comply with this provision may result in immediate suspension or termination of your right to sue our Site, including any Services.!

4.PASSWORD POLICY.

As part of the registration process, you may be required to select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access any Services, and agree that Itchlist will have no obligation with regard thereto. Itchlist reserves the right to delete or change a password at any time and for any reason.

5. INTELLECTUAL PROPERTY RIGHTS.

All materials and information contained on the Site, including without limitation, text, data, images, layout, design, software and downloadable software applications, audio and video clips, databases and ratings (collectively, “Content”), are the exclusive property of Itchlist or its suppliers. Itchlist or its suppliers retain all right, title and interest in and to the Content, including but not limited to, all copyrights, trade secret rights, trademark rights, database rights and all other intellectual and industrial property rights of any kind of nature under the laws of the India, other countries, international conventions and other applicable laws. Except as2!

specifically and explicitly provided elsewhere herein, Itchlist does not grant any express or implied right in any Content to you.

The trademarks, trade names, brands, logos, and icons identifying Itchlist and/or Itchlist’s products and services are proprietary trademarks of Itchlist. Third-partytrademarks displayed on the Site are the property of their respective owners. You may not use any of Itchlist’s trademarks or third-party trademarks without the prior written permission of Itchlist or the relevant third-party supplier, as applicable. In addition, you agree not to use any of Itchlist’s trademarks: (i) in or as part of your own trademarks or those of any third parties; (ii) to identify products or services that are not Itchlist; (iii) in a manner that is likely to cause confusion; or (iv) in a manner that implies that Itchlist sponsors, endorses or is otherwise connection with your activities or those of any third party

6. SUBMISSIONS TO THE SITE.

Itchlist does not claim ownership of any of the communications, comments, information, data, text or other materials you post, upload or otherwise submit to the Site (collectively, “Submissions”). By posting, uploading or submitting the Submissions, you hereby grant to Itchlist a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, copy, translate, import, publicly perform, publicly display, reproduce, adapt, modify and distribute such Submissions and to prepare derivative works of, or incorporate into other works, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing, in any form, media, or technology now known or later developed. In addition, by providing Itchlist with Submissions, you hereby grant Itchlist all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Submissions. You warrant that you have the right to grant these rights to Itchlist. You also permit any other user to access, view, store or reproduce the Submissions for that user’s personal use.

Itchlist has the right, but not the obligation, to screen, monitor, edit, refuse or remove any of your Submissions without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity using the Site. Itchlist will also comply with all court orders involving requests for such information.

7. RULES OF CONDUCT

In connection with your use of the Site, you agree to the following rules of conduct:

8.COPYRIGHT COMPLIANCE.

Itchlist respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who infringe the rights of copyright holders. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please provide Itchlist the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

For copyright inquiries under the Digital Millennium Copyright Act please contact Itchlist at:smriti@theitchlist.com

9.LINKS TO OTHER WEBSITES.

Itchlist may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. Third-party websites have not necessarily been reviewed by Itchlist and are maintained by third-parties over which Itchlist exercises no control. Accordingly, Itchlist expressly disclaims any responsibility for the materials, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from thesethird-party websites. You are encouraged to review the terms of use applicable to those websites. Any access to, or use of, a third-party website is solely at your own risk. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. 5!

10.SOCIAL NETWORKS.

The Site includes features that operate in conjunction with certain third-party social networking websites that you visit (“Social Network Features”). Your use of the Social Network Features is governed by these Terms of Use. However, your access and use of third-party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. Itchlist cannot determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third-party websites. You understand and acknowledge and your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third-party websites which could result in the termination of your account and the inability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT ITCHLIST WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURE.

11.MOBILE USE.

Some features of the Site may allow you to direct messaging, and other communications to a mobile device. If you utilize these features, please be aware that your carrier's normal rates and fees, such as text messaging fees, will apply and that you will be responsible for those charges. In the event you change or deactivate your mobile telephone number and are using features of the Site designed to contact you on your mobile telephone number, you agree to, update your account information on the Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

12.ASSUMPTION OF THE RISK.

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. While Itchlist has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Itchlist and Itchlist’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Itchlist and Itchlist’s licensors and suppliers will have no liability for interruptions or omissions in Internet, network or hosting services.

13.EVENTS BEYOND ITCHLIST’S CONTROL.

You expressly absolve and release Itchlist and Itchlist’s licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe 6! weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

14.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ITCHLIST, AND ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT P R O V I D E R S A N D L I C E N S O R S E X P R E S S LY D I S C L A I M A L L REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOUTHROUGH THE SITE.

IN PARTICULAR, YOU AGREE THAT ITCHLIST SHALL NOT BE LIABLE FOR ANY STATEMENTS, DESCRIPTIONS, COMMENTS OR OPINIONS (COLLECTIVELY, “OPINIONS”) POSTED ON THE SITE. ITCHLIST DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, INTEGRITY OR QUALITY OF ANY SUCH OPINIONS, THAT ANY SUCH OPINIONS ARE BASED ON A STATISTICALLY SIGNIFICANT SAMPLE, OR THAT ANY SUCH OPINION WILL FREE FROM ANY ERRORS OR OMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE ON ANY SUCH OPINION IS AT YOUR SOLE RISK.

NEITHER ITCHLIST NOR ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR OF THIRD-PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ITCHLIST AND ITS TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ITCHLIST HAS BEEN ADVISED OF THE 7! POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

15.INDEMNITY.

You agree to indemnify and hold Itchlist and its trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (A) Submission you post, upload or otherwise make available through the Site; (B) your use of the Site; (C) your violation of these Terms; or (D) your violation of any rights of another.

16.GOVERNING LAW.

These Terms of Use, including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, is governed by the laws of India.

17.DISPUTE RESOLUTION.

Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be India. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in India for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award, and agree to waive all objections to the exercise of jurisdiction and venue in such courts. Notwithstanding the foregoing, Itchlist may seek preliminary injunctive relief from a court of law in the event of a breach by you.

18.TERM, TERMINATION.

These Terms of Use will take effect when you first commence using the Site. Itchlist reserves the right at any time and for any reason to limit, suspend or terminate your access to the Site or any portion thereof at Itchlist’s sole discretion without notice to you.

19.WAIVER.

Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Itchlist of any right under these Terms of 8! Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

20.NATURE OF RELATIONSHIP/SEVERABILITY.

No joint venture, partnership, employment, or agency relationship exists between you and Itchlist as a result of these Terms of Use or your utilization of this Site. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.

21.Entire Agreement/Reservation of Rights.

Your rights to use certain material available on or through this Site may be subject to separate written agreements with Itchlist (“Other Agreements”). Particular pages or features of this Site with Content or services supplied by Itchlist or its licensors may have different or additional terms ("Special Terms"), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms of Use represent the entire agreement between you and Itchlist with respect to your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Itchlist with respect to the Site. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, Itchlist’s data collection and usage practices in connection with the Site are as set forth in the Privacy Policy. 9!