In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
User shall mean any natural or legal person who has agreed to become a user of the Website/Application by accessing the Website/Application. The Website/Application also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean kCube Consultancy Services Private Limited.
Agreement shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
Services shall mean and refer to the services offered by the Company to the Users, including but limited to downloading trip guides, exploring places, trip planning, documenting Your trip memories, sharing Your trip details.
Third Party shall mean and refer to any individual(s), company or entity apart from the User and kCube Consultancy Services Private Limited.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/Application is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
ONLINE/ MOBILE WEBSITE/APPLICATION PLATFORM
TripsNirvana is a Website/Application that enables Users to browse and share honest travel advices and feedback to our servers. It's a community based travel Website/Application, which means all the experiences shared on the Website/Application are by other fellow travellers who have a first-hand experience of the place and understand what it's like to be travelling there. The Website/Application takes a different route compared to other websites and applications where we keep maps as the primary focus along with the feedback provided by travellers for various trips and locations. The Website/Application helps You to explore the best places to visit, hotels to stay or secret hidden places visited less often, You can discover anything and everything about Your holiday destination through TripsNirvana, and the best part - You don't even have to write down the details on a piece of paper or worry if Your mobile internet connection will be available during the trip to browse through the information while You are on the trip. You can just download the trip guides to Your phone and access them offline without an internet connection.
Discover the beautiful places to travel with TripsNirvana. TripsNirvana is a community-based travel Website/Application to capture Your travel memories and share it with Your family and friends. Join the community now to discover ideas for Your next trip from tips shared by other fellow travellers. Since the platform is community driven You get a chance to explore unique local experiences shared by other travellers. Download the trip guides to Your mobile and can work completely 100% offline without data connection.
The Company offers a discussion or informational section about Holidays and Trips published on the Website and consisting of discrete entries ("posts") typically displayed in reverse chronological order. The Users participate and share their views on the Blog section on the Website that obsessively covers the travel industry with the latest news, new holiday destination reviews, videos, information, photography.
Features of the Website/Application:
Capture Your trip memories by recording Your trip track and capture important places to see, hotels to stay, restaurants, shopping places, nightlife places to hang out with friends during Your trips etc. Trips can be recorded live while You are on travel or on offline mode after You complete travel You can create a travelogue and share it with community members.
Add information and capture pictures on local places and businesses.
Share Your trip memories with community members.
Follow other travellers to get to know about the places and trips they are making.
Explore other trips to get ideas for Your trip.
Provide review on other trips.
Add trips to Your favorites.
One stop place for travel itineraries and travel guidebooks.
Download Trip guides to work in offline mode.
Create Your Trip memories in offline mode. The Website/Application works completely in offline mode
TripsNirvana is all about community based collaboration to contribute and benefit from fellow travellers. Jump in and share Your travel memories.
To fully avail the services of the Website/Application and use it, registration is required. You are required to register Yourself by providing the following information which inter alia includes Name, User Name, Password, Email ID, Nick Name, Mobile Number,Etc. Users will be allowed to connect to third party websites and Website/Applications such as Facebook, Twitter etc to share their details of Trips and Experiences. It is the sole responsibility of the User to ensure that any Content used does not violate intellectual property laws, copyright laws or otherwise. Users can share their details of Trips and Experiences on third party platforms such as Facebook, Twitter, Google+, etc. Users will have the option to follow any other Users. Users can add other registered Users using the Website/Application and can follow their activities on the Website/Application.
Users can invite their contacts on email providers and social networks, which shall include but not be limited to platforms such as Gmail, Yahoo, Facebook, Twitter and LinkedIn, to use the Website.
Membership of this website is available only to those above the age of 13 years. barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Website/Application, You may do so through Your legal guardian and Us. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website/Application or availing any of its services.
Further, at any time during Your use of this Website/Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
All information provided by Users are self-declared and not verified by TripsNirvana. Any and all information posted by any Users, the Company has the right to use this Content for promotions or marketing purposes. TripsNirvana allows users to contribute different kinds of Content, including reviews, photos and information. You alone are responsible for Your Content posted on the Website. The User's contributions to the Website should be unbiased and objective. TripsNirvana does not and cannot review all communications or Content uploaded to the Webite and is not responsible for the Content, quality, or consequences of Your uploading such communications or Content. Notwithstanding the foregoing, TripsNirvana shall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Colleges or Universities for private/ personal/ professional reasons.
The User(s) acknowledges and agrees that TripsNirvana may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, reviews or information of User obtained through the Platform(s) to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as TripsNirvana sees fit. Content related to photos, reviews and information should be broadly relevant to the trips and reflect the typical tourist experience.
TripsNirvana reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and You hereby agree to forfeit any fees payable in respect of such Content to TripsNirvana or as it may direct.
REVIEWS AND RATINGS
At TripsNirvana, We sincerely believe that Your honest and candid ratings and reviews will help other users to take an informed decision whether to choose a holiday/trip destination. So, We trust, You will be conscious of Your responsibility and be truthful in Your narrative to be helpful to Your peers and other Users, who value Your experience and Your feedback. The following are some guidelines for conscientious reviewers:
Integrity: You shall ensure that Your profile contains updated information and Your feedback is factually correct because other Users will see Your profile to verify the claim of Trips and Experiences. You shall be truthful in declaring whether You were a client or just a general professional before writing Your feedback about a holiday destination.
Personal Experience: We expect You to provide Your firsthand experience and not what You have heard from Your friends or colleagues. Your peer s value Your own story which is unique and personal.
Impartial Opinion: While You are entitled to provide Your opinions, but please don't exaggerate or misrepresent Your experience.
Original Narrative: You are expected to provide a new experience or interaction with the colleges while giving an update on Your previous reviews. You need not repeat the same old story You've already shared before on the Website. If You'd like to add new insight to an old experience, just edit Your review instead of creating a new update.
Avoid Improperiety: At TripsNirvana, We do not allow any Reviewer to launch personal attacks, advertise, abuse someone or use a language which is improper and indecent.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website/Application.
You may terminate Your use of the Service at any time by ceasing to use the Service and/or deleting the Website/Application from Your Device. We may terminate these Terms and close Your account at any time without notice, if we cease to provide the Services. We may suspend or terminate Your use of and access to the Website/Application at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that we consider appropriate.
COMMUNICATIONS AND ADVERTISEMENTS:
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom You have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
You hereby certify that You are at least 13 years of age.
► You hereby agree to provide genuine credentials during the process of registration for the Website/Application. You shall not use a fictitious identity to register.
► You agree to ensure the email address provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
► You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website/Application, including, without limitation to, any usage rules set forth in this Agreement.
► You agree that it is Your responsibility to ensure that Your device complies with these requirements.
► You agree that You are solely responsible and retain ownership for Your use of the Website/Application and all photos, videos, and any other content that You upload to or create via the Website/Application.
► You agree that You are aware that any content that You upload to the Service are made public to other Users of the Website/Application.
► You understand and agree that, by uploading any content, Your username will be made public in relation to the information and that You grant Us and our affiliates the right to display and otherwise use Your user name in connection with the uploads.
► You undertake not to:
Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
access (or attempt to access) the Website/Application and/or the materials or Services by any means other than through the interface that is provided by the Website/Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/Application is prohibited. You acknowledge and agree that by accessing or using the Website/Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/Application. Further, You may report such offensive content;
use the Website/Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company's services; (ii) any other party's use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
engage in any activity that interferes with or disrupts access to the Website/Application or the Services (or the servers and networks which are connected to the Website/Application);
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application or another's mobile phone, systems, devises and software solutions that are extentions of the Website/Application;
download any file posted in the Website/Application that You know, or reasonably should know, cannot be legally distributed in such manner;
probe, scan or test the vulnerability of the Website/Application or any network, devises and software solutions to the Website/Application, nor breach the security or authentication measures on the Website/Application or any network, devises and software solutions connected to the Website/Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/Application, or exploit the Website/Application or Service or information made available or offered by or through the Website/Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/Application;
disrupt or interfere with the security of, or otherwise cause harm to, the Website/Application, systems resources, servers, software solutions or networks connected to or accessible through the Website/Application or any affiliated or linked Website/Applications;
violate any applicable laws or regulations for the time being in force within or outside Your home country;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
threaten the unity, integrity, defence, security or sovereignty of Your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
disseminate information through the Website/Application that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside Your home country.
► You agree that Your use of the Website/Application may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and We accept no responsibility for any lack of functionality that is due to Your equipment (including Your device, internet connection, operating system or settings and software).
From time to time, the Website/Application may automatically check the version of the Website/Application installed on the Authorized Device and, if applicable, provide updates for the Website/Application (hereinafter referred to as "Updates"). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Website/Application. By installing the Website/Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Website/Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
ACTIONS UNDERTAKEN BY THE WEBSITE/APPLICATION ON YOUR DEVICE:
Upon download and installation of the Website/Application, You grant the following permissions to Us to perform the following actions on the device You have installed the Website/Application in.
To read from, write on, modify and delete data pertaining to the Website/Application on the device’s hard disk and/or external storage;
To access information about networks, access networks including wi-fi networks, receive and send data through the network;
To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
To determine Your exact location from sources such as, but not limited to GPS;
To access the model number, IMEI number and details about the operating system of the device the Website/Application has been installed on, as well as the phone number of the device;
To retrieve information about other Website/Application running on the device the Website/Application has been installed on and open them;
To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;
INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Website/Application, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website/Application, and solely for Your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/Application, not to insert any code or product or manipulate the content of the Website/Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Website/Application, You can report the infringement by clicking the Report option on the Website/Application and by emailing us at firstname.lastname@example.org and by providing the following:
► A statement that You have identified Content on the Platform that infringes Your copyright or the copyright of a third party on whose behalf You are entitled to act;
► A description of the copyright work that You claim has been infringed;
► A description of the Content that You claim is infringing and details of where on the Platform the Content that You claim is infringing may be found;
► Your contact information including Your full name, address and telephone number and a valid email address on which You can be contacted;
► A statement by You that You have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
► A statement by You that the information in Your notice is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
► Your electronic or physical signature (which may be a scanned copy).
By providing information to, communicating with, and/or placing material on, the Website/Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in this Terms of Service;
all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
the information and Content shall not cause injury to any person or entity. Using a name other than Your own legal name is prohibited (except in those specific areas of the Website/Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, You grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, You authorize us to share the information across all our affiliated Website/Applications, to include the information in a searchable format accessible by users of the Website/Application and other affiliated Website/Applications, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
The Website/Application can be used in all countries worldwide. We make no representation that materials and Content available through our Website/Application is appropriate or available for all countries.
If You access or use the Website/Application in any countries where the Website/Application is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website/Application.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add and change for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website/Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
TripsNirvana has no obligation to provide You with a copy of the information You or any other User provides on the Website/Application or that the Website/Application has accessed.
Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website/Application.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the Website/Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website/Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
Your use or any Third Party's use via Your account of the Service provided by the Website/Application and its Content;
Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
DISCLAIMERS AND LIMITATIONS
YOUR USE OF THE WEBSITE/APPLICATION IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE WEBSITE/APPLICATION.
WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. YOU UNDERSTAND THAT ALL CONTENT AVAILABLE ON THE WEBSITE/APPLICATION IS PROVIDED BY USERS, NOT US, AND WE ARE NOT RESPONSIBLE OR LIABILE TO YOU FOR THIS CONTENT ON THE WEBSITE/APPLICATION.
WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE WEBSITE/APPLICATION, INCLUDING LOSS OF PROFITS; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF DUBSHOOT.
Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
LIMITATION OF LIABILITY
TripsNirvana accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use of the TripsNirvana Platform.
Users may be held legally responsible for damages suffered by other Users, TripsNirvana or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the TripsNirvana Platform. All Users are to comply with all laws applicable to them or to their activities, and with all posted TripsNirvana Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at TripsNirvana's discretion, and the currently effective policies will be deemed to be part of this Agreement.
TripsNirvana is not legally responsible for any remarks, information or other content posted or made available on the TripsNirvana Platform by any User or third party, even if such information or content is defamatory or otherwise legally actionable. TripsNirvana is not responsible for and does not monitor or censor content for accuracy or reliability. However, TripsNirvana reserves the right to remove or restrict access to any information or content posted or made available on the TripsNirvana Platform if ordered to do so by a government authority or if TripsNirvana considers such information or content to be in violation of this Agreement, or to be unlawful, immoral or harmful.
DISPUTES ARISING OUT OF THIS AGREEMENT
19.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
19.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Chennai, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members - one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Tamil Nadu, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address email@example.com.
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Ownership: The Android/IOS Website/Application TripsNirvana and the website www.tripsnirvana.com are owned by kCube Consultancy Services Pvt Limitd, a Private limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at No 4/18, 9th Lane, Sastry Nagar,Adyar, Chennai - 600020 represented by its partners, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Mobile App and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.