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TERMS OF USE AND CONDITIONS AGREEMENT

Terms of Use

Please read these Terms of Use carefully. They contain important information about your rights and obligations.
 
The website is brought to you by FreeWishes.in, (“we” or “us” or “our”). By visiting and/or using the Website, you fully and unconditionally agree to these Terms of Use. If you do not agree to these Terms of Use, please do not visit or use the Website. Any offer provided by us is conditioned upon your acceptance of this Terms of Use Agreement, and have the right, authority and capacity to enter into these Terms of Use Agreement.
 
Please refer the disclaimer policy for more details.
 
Changes to Terms of Use
We may revise these Terms of Use at any time by updating this page. Such changes will be effective immediately upon posting. It is your responsibility to periodically visit this page to review the most current version of the Terms of Use. Your continued use of the website following such change will indicate your acceptance to the Terms of Use. You may print a copy of these Terms of Use Agreement for your reference.
When and if you set up an account and/or use the Services on the Website, you agree to:
• provide accurate, current, and complete information;
• maintain and keep your information accurate, current, and complete;
• not impersonate any person or entity, and
• You will not select a user name that in our sole discretion deems offensive.
We reserve the right to terminate your access to and use of the Website and Services if any information provided by you is untrue, inaccurate, not current, or incomplete. Our use and disclosure of any information you provide us is governed by our privacy policy. All activity conducted in connection with your account will be your responsibility. You’re Conduct
Visiting this Site: By using this site you agree not to:
• Defame abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
• Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
• Restrict or inhibit other users from using the Services.
• Violate any applicable laws, rules, or regulations.
• Express or imply that any statements you make are endorsed by us.
• Engage in spamming or flooding.
• Access or use (or attempt to access or use) another user’s content without permission.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or the Website.
• Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
• “Frame” or “mirror” any portion of the Website, or link to any page from the Website without our prior written authorization.
• Order or purchase Services through the Website if you are not 18 years of age or older, or have the specific permission of a parent or legal guardian.
 
Sharing Information:
By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
 
You’re Submissions:
If you choose to upload or otherwise submit any material through the Website, including without limitation, video photographs, images, text, graphics, sounds, data, or files to the Website, by uploading such video or photographs you represent and warrant that: (1) you own or otherwise possess all necessary rights with respect to your Submissions; (2) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and (3) you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request). We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
 
Age Limitations
You must be 18 to order or purchase Services from this site unless you have the specific permission from a parent or legal guardian. If you use any chat room or other community page on the Website, you must be at least thirteen (13) years old. We recommend that minors over age 13 (that is, between ages 13 and 18) obtain their parent’s or guardian’s permission before sending information about themselves to anyone online. Click here for tips on staying safe online. If you are a convicted sexual predator, you may not use any such Website feature (chat rooms or community pages). Obligations & Responsibilities you acknowledge that, by providing you with the ability to view and distribute user-generated content on the Website, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such content. We do not and cannot review all communications and materials posted to the Website, and we are not responsible for the content of such communications and materials. All such content is offered AS IS, and you view and use it at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion: (1) monitor and/or filter any Submissions; (2) remove or refuse to send, transmit, or otherwise use any Submission (including without limitation, by suspending the processing and shipping of any order related to any Submission); and/or (3) disclose any Submission, and the circumstances surrounding the transmission or use thereof to any third party.
If you become aware of misuse of the Website by any person, please contact us at [email protected] Our Use of Information Submitted You agree that we are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
 
Idea Submission
Any ideas and/or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us.
 
Compliance
You agree to comply with all applicable laws, statutes and regulations regarding your use of this Site and your purchase of products or services (if applicable) through our Site. We may, in our sole discretion report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential violation of the Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the appropriate enforcement action, during which we may suspend services or terminate the account of any customer being investigated.
 
Termination
We reserve the right in our sole discretion to terminate or restrict your use of the Website or the Services, without notice, for any or no reason, and without liability to you or any third party. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or the Services. At our sole discretion, we may modify or remove any User Content that violates or is inconsistent with these Terms of Use or their intent, that your conduct is disruptive, or you have violated the law, these Terms of Use, or the rights of us or another user. We will have no liability to you for any deletion of your User Content. We may also change, suspend, or discontinue any aspect of the Website or the Services at any time, including the availability of any feature or content without prior notice. Any updates to the Site will be subject to these Terms of Use.
 
Copyright Violations
We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:
 
• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
• an identification of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringed is located on the site;
• information on how to contact you including your address, telephone number, and email address, if available;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Electronic Notices
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
 
Third-Party Links
The Website may link to sites operated by third parties. However, we have no control over these linked sites, all of which have their own terms of use and data collection practices. These linked sites are only for your convenience, and you access them at your own risk.
 
Disputes
Your use of the Website shall be governed by the laws of California, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Sacramento County, California. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.
 
General
The Services are controlled and operated within the India, and are not intended to be subject to the laws or jurisdiction of any country or territory other than that of the India. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
 
Contact Us
If you have any questions about these Terms of Use,
please contact us at: [email protected]

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