Terms and Conditions of Use

Introduction


 

Purpose


Our mission is to help enthusiast find a right place to pursue their dream. With this mission in mind we provide a search platform called ActyCity.com to search hobby classes in a particular geography. Services provided by this platform also open up opportunities for hobby class providers, teachers, small business to reach large user base of ActyCity.com.
 

Terms of Use


ActyCity.com, referred to as "the website" or "this website", is operated by ProNoesis (“the Company”). Throughout the document, the terms “we”, “us” and “our” refer to ProNoesis. These Terms and Conditions provide a brief understanding of our service and use policy, kindly visit http://actycity.com/termsandconditions for our detailed Terms and Conditions. By signing the ‘Provider Form’ and/or visiting the website you will be accepting these Terms and Conditions read with the detailed Terms and Conditions found at http://actycity.com/termsandconditions ("Terms and Conditions"). Please read the Terms and Conditions carefully and if you disagree with the Terms and Conditions in any way, then do not use this website.
 
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the website without prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Latest Terms and Conditions for using the ActyCity.com can be found at http://actycity.com/termsandconditions.
 

Obligations


Service Eligibility


To use the Service you must be minimum of 18 years of age. By using ActyCity.com you warrant and represent that you are 18 years of age.

Your Membership


In case you choose to create and maintain an account on the website containing information related to your business and services, you agree to furnish information which is true and correct and keep the contact information furnished to us in relation to your account updated. You also agree to keep your account login and password safe and secure to ensure that no unauthorized use is made thereof.

Payments


There are certain Services which are available at a price. If you purchase any of the paid services, you agreed to pay Service fee and applicable taxes. Failure to receive timely payment would result into termination of the paid Services.

Third Party Content


Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this website by third parties (“Third Party Content”) are solely those of their respective providers and not of the Company which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and the Company shall not be liable for any damage or loss caused by users’ reliance on or other use of Third Party Content.

Advertisers Are Not Endorsed


Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. The Company does not review, endorse or recommend the products or services of any company mentioned on our site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you, the User to an advertiser or sponsor.

Links to other sites


Certain links, including hypertext links, in our site will take you outside our website. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any site outside our website

Notifications and Notices


When you visit our website or send us an email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. We will have the right to disclose any email sent by you, or any objectionable material, to comply with legal process or to protect our rights or property or that of our customers, suppliers and Users

We will send you Notification and Notices about Service offerings, updates and changes in policies, changes in your subscriptions and account updates. . If you are not registered member, you can request to update your information by sending an email to infoupdates@actycity.com.

Information Sharing


You hereby authorize us to share the following information provided by you, in connection to your business, to other users and members of this website in any manner we deem fit
i. Nature of business and services offered
ii. Address of business and location on map and directions
iii. Contact details of the concerned persons in your business
You also authorize us to display the above information in our banner on the website home page.

As the Company respects the privacy of its users and their personal information, it has established its Privacy Policy to protect your personal information. We request you to carefully read our Privacy Policy.
 

Rights and Limits


Information Rights


In these terms and conditions, “your content” means material (including without limitation text, information about your business, information about your services, images, audio material, video material and audio-visual material) that you submit to the Company, for whatever purpose.
 
You grant to the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to the Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
 
Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party under any applicable law. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
 
The Company reserves the right to edit or remove any material submitted to the website, or stored on the Company’s servers, or hosted or published on the website without notice.
 
Notwithstanding the Company’s rights under these Terms and Conditions in relation to user content, the Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
 

Disclaimer and Liability


Disclaimer


We do not promise that this website or any content, service or feature of this website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of this website will provide specific results. The website and its content are delivered on an “as-is” and “as-available” basis. All information provided on this website is subject to change without notice. We cannot ensure that any files or other data you download from this site will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any of the offered services. You assume total responsibility for your use of this website and any linked sites. Your sole remedy against the company for dissatisfaction with this site or any content is to stop using this site or any such content. This limitation of relief is a part of the understanding between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to this site, or any portion of this site, for any reason; (2) to modify or change this site, or any portion of this site, and any applicable policies or terms; and (3) to interrupt the operation of this site, or any portion of this site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
 

Limitations of liability


Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website or any Content, our liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the website paid by you in the six months prior to the date of the initial claim made against us.
 

Indemnity


You agree to indemnify and hold Pronoesis, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us and/or them by any third party due to or arising out of or in connection with your use of this website.

Violation of these Terms and Conditions


You agree that the Company may, in its sole discretion and without prior notice, terminate your access to this site and/or block your future access to this site if the Company determines that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of this site.

You agree that the Company may, in its sole discretion and without prior notice, terminate your access to this site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this site or any service offered on or through this site, or (4) unexpected technical issues or problems.

If the Company does take any legal action against you as a result of your violation of these Terms and Conditions, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these Terms and Conditions.

Applicable Law and Jurisdiction


These Terms and Conditions (and any dispute, controversy, proceedings or claim of any nature whatsoever arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with Indian law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the Courts of Mumbai, India.

Unenforceability


The enforceability or otherwise of any provisions of these Terms and Conditions shall not affect the enforceability of the rest of these Terms and Conditions.

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