Welcome to MyPurpleMartini.com (“Website”) – India’s first Social Networking Nightlife & Lifestyle Portal.
If you wish to become a Member or a fan, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified by My Purple Martini from time to time. My Purple Martini reserves the right to modify the Agreement from time to time. My Purple Martini will post any modified version of the Agreement on the Sites and your continued use of the Services after such a modified version of the Agreement has been posted constitutes your acceptance to such modified version.
In addition, when using particular functionalities and features provided to us by any of our partners the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.
1. ELIGIBILITY. The services are intended solely for access and use by individuals that are 18 years of age or older. By accessing and using the services, you are certifying that you are at least 18years old. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Sites and have not yet registered to become a Member, your use of the Sites is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
2. MEMBER ACCOUNT. When you sign up to become a Member and create a My Purple Martini Member account ("Member Account"), you will also be asked to choose a username and a password for your Member Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile. In addition to a user name and a password, we also collect information such as your name, gender, profession, location and your personal likes and dislikes while signing up for a member account. You are responsible for providing accurate information to us and to know how we may use this information, please refer to our Privacy Policies.
3. REGISTRATION AND ACCOUNT SECURITY. My Purple Martini users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
4. SHARING YOUR CONTENT AND INFORMATION. You own all of the content and information you post on My Purple Martini and you can control how it is shared through your Privacy. In addition:
5. PROPRIETARY RIGHTS IN THE SERVICES. My Purple Martini owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of My Purple Martini, and its licensors, including other My Purple Martini Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (as defined below) and material included therein.
6. CONTENT POSTED ON THE WEBSITE. You understand and agree that My Purple Martini may review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of My Purple Martini violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Website, or transmit to other Members or third parties. By posting Content to any area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to My Purple Martini an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Sites ("Prohibited Content"). My Purple Martini reserves the right to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Website, except as to the extent expressly allowed by My Purple Martini in specific sections of the Website. You may not transmit any chain letters or junk email to other Members or other parties. You may not engage in any automated use of the Website, such as using scripts, bots, or the like, to add friends or send comments or messages. Although My Purple Martini cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, My Purple Martini reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member may send to other Members in any twenty-four (24) hour period to a number which My Purple Martini deems appropriate in its sole discretion. If you have any concern about your IP content, you may bring to the notice of grievance officer as has been appointed in compliance with notification of Govt. of India dated April 11, 2011 under Information Technology Act, 2000.
7. YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
You are responsible for uploading Display picture (DP) on your profile and should not infringe upon any third party rights while posting the content on the website. By uploading the DP you warrant that the said picture is not a copy or has been posted from third party sources and you have all the rights in the content posted by you.
While using the feature of video / group video calling, you represent an warrant that you shall not indulge in an activity which is prohibited by law under the local laws of your land. You further agree not to use the video channel for any pornography or sexually explicit transmissions including the act of child pornography.
We reserve right to provide all the details to the investigation agency for any illegal transmission of content using this feature on our website. We further reserve right to monitor record and keep backup copies of the content ported and or transmitted using services of our website. You further represent and acknowledge that you shall solely be responsible for all the content being transmitted using your credentials on the website.
We reserve right to suo moto take action and report any of the material posted hearin to the investigation agencies if we suspect any illegal activities using the above system being done by you or by any other person using your account.
8. Protecting Other People's Rights. We respect other people's rights, and expect you to do the same.
9. Notice and Take-Down If My Purple Martini receives any notification that any material that you post, upload, edit, host, share and/or publish on the My Purple Martini Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if My Purple Martini wishes to remove your User Submission for any reason whatsoever, My Purple Martini reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by My Purple Martini in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that My Purple Martini is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately through Grievance Officer. My Purple Martini reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability. If you want to report any infringement of your vested rights or any objectionable material on your website, you may write to the Grievance Officer explaining fully your rights and grievance you may have against the content and the provider.
We shall like all necessary steps to remove the content within reasonable time and shall also send appropriate notifications to the respondent to submit his reply on the issue raised by you.
Please understand that we are not judicial and/or quasi judicial body and can not make any judgments approach to your complaints. You are responsible to approach appropriate forum for legal remedy and provide us with the order or judgment of judicial or quasi judicial body.
We shall honour the order so receive and notify the respondents accordingly. For detailed procedure and complaint handling process, please write to Grievance Officer.
10. Group Video Calling
11 Quality: My Purple Martini cannot guarantee that the Software, Products or My Purple Martini Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or My Purple Martini Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. My Purple Martini takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
12. MOBILE SERVICES. You may access and use the Website using certain mobile devices. Unless otherwise specifically stated herein, your access and use of the Services via a mobile device is subject to the terms and conditions of this Agreement and your full compliance with all your obligations hereunder, including, without limitation, the terms and conditions regarding the use and provision of Content. By accessing and using the Website with a mobile device you acknowledge and agree that you may receive certain communications from the Website (such as SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively "Mobile Communications"). Please note that by accessing and using the Website via mobile devices, or by using certain mobile features, such as receiving or sending Mobile Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees. If you choose to update your profile with information about your actual location (including location-related information provided by your Carrier or applications), you acknowledge and agree that (a) such information may be made available to every viewer of your Member profile and (b) My Purple Martini does merely make this information available upon your request and is not responsible for the correctness of such information and any use of such information by third parties, including other Members.
13. Payments and Deals
14. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
15. Sharing of Content. We may use the information provided by you to deliver advertisements targeted to the behaviour and your personal liking of products and services from time to time.
The content provided by you may also be shared with third party vendors and/or Fan Account members to provide best deals on various products and services offered by them from time to time. We might collect and retain your personal information and do profiling of your interest for the purpose of attracting advertisements from the 3rd party and in order to provide best deals on social, nightlife and lifestyle products and services.
You may refer to our Privacy Policies to know how we may use your Personal information provided by you. In addition to this we may also collect information from the content provided by you publicly on the website which might contain status updates, blogs, photographs, videos amongst others.
You grant us permission to profile your interest and other activities on the website including the posting of the content and using the same in accordance with the privacy policies of the website.
16. MEMBER DISPUTES. Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. You agree that My Purple Martini will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), My Purple Martini is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
18.THIRD PARTY CONTENT. Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
19. RELEASE. To the extent permitted under applicable laws, you hereby release My Purple Martini from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any Sites, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Sites user or Member communications.
20. DISCLAIMER. To the extent permitted under applicable laws, the services are provided "as-is" and as available and My Purple Martini expressly disclaims any warranty and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement and My Purple Martini does not guarantee and does not promise (a) any specific results from the use of the services; (b) that the services will meet your requirements; (c) that the services will be available on an uninterrupted, timely, secure, or error-free basis; or (d) the results that may be obtained from the use of the services will be accurate or reliable. My Purple Martini does not assume any obligation to monitor activities on the service.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
21. LIMITATION ON LIABILITY. To the extent permitted under applicable laws, My Purple Martini shall not be liable to you, or any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages (including also lost profits) arising from your use of the services, even if My Purple Martini has been advised of the possibility of such damages.
22. ELECTRONIC COMMUNICATIONS. The communications between you and My Purple Martini use electronic means, whether you visit the Sites or send us emails, or whether My Purple Martini posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from My Purple Martini in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that My Purple Martini provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your non-weighable rights.
23. INDEMNITY. You agree to indemnify and hold My Purple Martini, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
24. OTHER. This Agreement contains the entire agreement between you and My Purple Martini regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of My Purple Martini to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
25. COPYRIGHT/TRADEMARK INFORMATION. MyPurpleMartini.com. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties.
Grievance Officer Contact Details:
Mr. Saarthak Gupta
Purple Martini Entertainment Pvt. Ltd.
4852/24, 2nd Floor, Ansari Road, Daryaganj,
New Delhi – 110002 (India)
F: +91-11-2396 8674
E: [email protected]