[zevenworld.com] (hereinafter referred to as the “Website”) is a property of and operated by SX Sports Private Limited under its brand name Zeven (“Zeven”). SX Sports Private Limited is an Indian Company registered under the Companies Act, 20--, having its registered office at No. 1 Ground Floor, Silveroaks Apartment, Kensington Cross Road, Ulsoor, Bangalore – 560 008.
1. TERMS AND CONDITIONS SUBJECT TO CHANGE
2.2. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access this Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
2.3. You shall not access this Website and avail of the features and facilities if you are not eligible to do so.
3. WEBSITE, FEATURES AND FACILITIES
3.1. The Website is an online interactive platform that publishes content, aggregates user-generated content, in addition to hosting an e-commerce portal where Visitors can purchase Zeven’s products.
3.3. In the interest of transparency and ethics, it is hereby disclosed that certain features and facilities may be funded by way of paid sponsorship. Such advertisements may display links to sites that are beyond our control.
4. USER ACCOUNT, PASSWORD & SECURITY
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 4.
5. USE OF WEBSITE
5.1. The Website provides the following facilities to its visitors:
- access to content published and generated internally by Zeven, including, but not limited to, content about sport, fitness and health;
- the ability, upon registering as per the requirements of Clause 4 above, to publish content related to sport, fitness and health;
- the ability, upon registering as per the requirements of Clause 4 above, to interact with other registered users, the interaction including but not limited to following users’ updates and commenting on and ‘liking’ their User Content (as defined below); and
- access to an e-commerce portal that retails products from Zeven’s catalogue including but not limited to apparel, sports equipment and shoes.
5.2. We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between Visitors.
6. USER CONTENT
6.1. We offer you the opportunity to comment on and engage in discussions regarding articles, and other multimedia content on a variety of topics. Any content, information, graphics, audio, images, comments, and links submitted from your registered account constitute "User Content".
6.2. You understand and agree no User Content shall be deemed endorsed by us unless we specifically make an express endorsement to that effect. Given that we cannot warrant as to the accuracy or completeness of information uploaded by Visitors, please appreciate User Content with appropriate caution and exercise the required due diligence. User Content may be misleading, deceptive, or erroneous.
6.3. If you upload, post or submit any User Content, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person.
6.4. You must ensure that the User Content uploaded, posted or submitted :
- is relevant to the Website;
- is not abusive or vitriolic;
- is not vulgar, sexist, casteist, racist or derogatory in any form or manner;
- is not for the purposes of targeting individual Visitors for soliciting business and does not amount to spam;
- is not in violation of anyone's copyright or intellectual property rights; and
- is not vindictive of or targets any Vendors individually or personally.
6.5. It is not our policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any User Content that that may be inserted or/and made available or transmitted to a third party in or through the Website and you acknowledge the same. You understand and agree that we have absolute discretion to refuse and/or suspend and/or terminate and/or delete and/or amend any User Content with cause, including without limitation so as, in our sole opinion, to comply with the prevailing legal framework and/or moral obligations as placed on the Website and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to User Content or without cause and without notice to you.
6.7. Please note that User Content may contain links to any third party websites and may include links to affiliated or other products or services. You may access these links at your sole risk as we shall have no control whatsoever on the contents thereof or the products and services promised thereunder.
7. ELECTRONIC COMMUNICATION
INTELLECTUAL PROPERTY POLICY
8.1. All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, trademarks, tradenames ("Website Content"), constitute our and our licensors’ intellectual property. The Website and the Website Content are protected by the copyright laws in all applicable jurisdictions.
8.2. You agree that upon uploading, posting or submitting User Content, you grant us, and our affiliates and successors a non-exclusive, transferable, worldwide, non-fee bearing, royalty-free, perpetual, irrevocable right and license to use, distribute, display, reproduce and create derivative works from your User Content in any and all media, in any manner, in whole or part, including to advertise our Website, without any duty to compensate you. However, we shall give due credit to you for your User Content and not utilize the same in any way or manner which would constitute a violation of your intellectual property rights thereto.
8.3. You may access the Website, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided for herein.
10.1. You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees and expenses of third parties, arising from or related to
- your interaction with other users and your reliance on or use of the content on the website (including published content and User Content);
- your use of any of Zeven’s products (including trial products);
- any intellectual property or other proprietary right of any person or entity; and
- any information or data you supplied to Zeven.
The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or products.
11.1. You agree that you are availing of the features and facilities at your own risk. The feature and facilities are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.2. We make no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor do we make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities or from third-party websites that you may be directed to.
11.3. There are no representations and warranties, whether express or implied, made by us regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the features and facilities.
11.4. All information that is provided to us and is uploaded on this Website is accepted in good faith and we accept no responsibility whatsoever regarding the bona fides thereof.
11.5. You shall ensure that while using the features and facilities, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and we shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.
11.6. We do not warrant that this Website or any of the websites linked to the Website be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
12. LIMITATION OF LIABILITY
12.1. ACCESS TO THIS WEBSITE AND THE FEATURES AND FACILITIES PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. WE EXPRESSLY DISCLAIM ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS WEBSITE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT WE RESERVE THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE FEATURES AND FACILITIES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.
12.2. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE’S FEATURES AND FACILITIES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE FEATURES AND FACILITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE CLAUSE SHALL SURVIVE IN PERPETUITY.
13. MAXIMUM EFFECT
14. FORCE MAJEURE
14.1. Zeven will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
15. CESSATION OF OPERATION
15.1. Zeven may at any time, in its sole discretion and without providing advance notice to you, cease operation of the Website and all the features and facilities associated therewith.
16. STATUTE OF LIMITATION
17. WAIVER OF CLASS ACTION RIGHTS
17.1. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
17.2. This Agreement will survive indefinitely unless and until Zeven chooses, in its sole discretion and without advance to you, to terminate it.
18. REQUESTING PAPER COPIES
18.1. Communications will not be distributed in paper unless you contact us and request a paper version of a particular document. We reserve the right to charge you and collect a handling fee first for any notices that we physically mail to you at your request or because your email address fails.
20. NO WAIVER
21. NO AGENCY
22. GOVERNING LAW AND JURISDICTION
23. DOMESTIC USE
23.1. Zeven makes no representation that the Website or products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
25.1. Zeven reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Zeven may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Zeven reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
26. ENTIRE AGREEMENT