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Terms & Conditions

 

Terms & Conditions

29 Aug 2016

The following Terms of Use apply when you view or use the Service via our website located at www.tenxlive.com Please review the following terms carefully.  By accessing or using the Service, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

TENxLIVE Network respects the privacy of its Service users.  Please refer to TENxLIVE Network’s Privacy Policy (found here: http://tenxlive.com/privacy-policy/) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICES & MEMBERSHIP

The Service allows you to register free or paid account with us.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

  • You need to be at least 13 years old for use the Service.
  • If you are a user who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from TENxLIVE Network.  You agree to notify us immediately of any unauthorized use of your password and/or account. TENxLIVE Network will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
  • You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this Website.
  • The Company may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or its Services.
  • The Company reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
  • Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard, Visa, or American Express credit card; PayPal; or any other payment methods the company accepts. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full.
  • In certain situations, third party businesses may provide services that are available to you through the Company’s Services. We do not control any such third party service providers. You agree that we are not responsible for the availability or contents of any such third party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.
  • the Company may engage certain individuals as independent contractors to provide mentoring and support services to you. You acknowledge and agree that the Company does not control the work or the services provided by such independent contractors, is not responsible for their supervision or hiring, and that such individuals are not agents of the Company and have no power to bind the Company. The Company shall not be liable for the actions or failure to take action of any such individual.
  • Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, The Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
  • The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
  • The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

Service Fees / Payments / Invoices

Tenxlive.com offers services for the duration of the service term purchased from Tenxlive.com. Services are provided on the basis of facility and equipment availability. Tenxlive.com reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.

All Tenxlive.com fees and charges are quoted and billed in Indian Rupees and US Dollars unless otherwise noted.

Tenxlive.com uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, Tenxlive.com may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.

Tenxlive.com may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Tenxlive.com reserves the right to modify service fees and rates, effective upon posting on the Tenxlive.com website or on this Agreement.

USE RESTRICTIONS.

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  •    post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  •    use the service for any unlawful purpose or for the promotion of illegal activities;
  •    attempt to, or harass, abuse or harm another person or group;
  •    use another user’s account without permission;
  •    provide false or inaccurate information when registering an account;
  •    interfere or attempt to interfere with the proper functioning of the Service;
  •    make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  •    bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  •    publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  TENxLIVE Network, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  •    You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  •    You will not post information that is malicious, false or inaccurate;
  •    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  •    You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.  TENxLIVE Network is not responsible for any public display or misuse of your User Content.  TENxLIVE Network does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by TENxLIVE Network, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  TENxLIVE Network does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does TENxLIVE Network adopt nor endorse, nor is TENxLIVE Network responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than TENxLIVE Network.  TENxLIVE Network takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service.  Under no circumstances will TENxLIVE Network be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though TENxLIVE Network strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  TENxLIVE Network reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  E-mails or Messages sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.  TENxLIVE Network shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our Service, please contact us info@tenxlive.com

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, TENxLIVE Network may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to Service subscribers.  TENxLIVE Network has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by TENxLIVE Network, and TENxLIVE Network is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by TENxLIVE Network.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

 

Links from this website

This website includes links to other websites owned and operated by third parties.  TENxLIVE Network has no control over the contents of third party websites, and the company accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, TENxLIVE Network can request the deletion of a link to our website that is within your control, you will delete the link promptly. If you would like TENxLIVE Network to remove a link to your website that is included on this website, please contact TENxLIVE Network using the contact details below.

Revisions and Errata

The materials appearing on TENxLIVE Network’s web site could include technical, typographical, or photographic errors. TENxLIVE Network does not warrant that any of the materials on its web site are accurate, complete, or current. TENxLIVE Network may make changes to the materials contained on its web site at any time without notice. TENxLIVE Network does not, however, make any commitment to update the materials.

 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts.  TENxLIVE Network respects the intellectual property rights of others and requests that the users do the same.  TENxLIVE Network may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to TENxLIVE Network’s designated copyright agent at info@tenxlive.com

 

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

 

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by TENxLIVE Network copyright agent, TENxLIVE Network may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in TENxLIVE Network’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to TENxLIVE Network a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our members and customers retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Logos, Graphics, services, products, content and companies that are mentioned on this website may be trademarks of their respective owners. You are not authorized to use any intellectually property without written approval from respective owner.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to TENxLIVE Network or any of its officers, employees, agents or representatives in any situation where notice to TENxLIVE Network is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from TENxLIVE Network in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that TENxLIVE Network provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about TENxLIVE Network and special offers. You may opt out of such email by changing your account settings or sending an email to info@tenxlive.com

Opting out may prevent you from receiving messages regarding TENxLIVE Network or special offers.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TENXLIVE NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TENXLIVE NETWORK MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENXLIVE NETWORK, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TENXLIVE NETWORK OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TENXLIVE NETWORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

TENxLIVE Network may revise membership pricing, service charge, terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. Any changes to these Terms (other than as set forth in this paragraph) or waiver of TENxLIVE Network’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of TENxLIVE Network.  No purported waiver or modification of this Agreement by TENxLIVE Network via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of TENxLIVE Network to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with TENxLIVE Network must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the laws of India and the laws of the State of Uttar Pradesh, without regard to conflict of law provisions.

TENxLIVE Network may assign or delegate these Terms of Service and/or TENxLIVE Network’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without TENxLIVE Network’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://tenxlive.com/privacy-policy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.