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Terms of Use Agreement

1st November 2012

EPICURUS ENTERTAINMENT & HOSPITALITY PVT LTD (“BigMic”or “we”) operates Bigmic.in, which is a social networking platform that allowsMembers to create unique personal profiles online in order to find andcommunicate with old and new friends. The services offered by BigMic includeany BigMic-branded URL (the "BigMic Website"), BigMic messagingservices (including, without limitation, instant messaging, private messaging,and email services), BigMic music and video services, BigMic mobile services,and any other features, content, or applications offered from time to time by BigMic in connection with BigMic’s business (collectively, the "BigMicServices"). The BigMic Services are hosted in the Singapore.

 

This Terms of Use Agreement, as may be modified from timeto time, ("Agreement") constitutes legally binding terms and appliesto your use of the BigMic Services. By accessing and/or using the BigMic Services,you agree to be bound by this Agreement, whether you are a "Visitor"(which means that you simply browse the BigMic Services, including, withoutlimitation, through a mobile or other wireless device, or otherwise use the BigMic Services without being registered) or you are a "Member" (whichmeans that you have registered with BigMic). The term "User" refersto a Visitor or a Member. You are authorized to use the BigMic Services(regardless of whether your access or use is intended) only if you agree toabide by all applicable laws, rules and regulations (“Applicable Law”) and theterms of this Agreement. In addition, in consideration for becoming a Memberand/or making use of the BigMic Services, you must indicate your acceptance ofthis Agreement during the registration process.

 

BigMic reserves theright to modify this Agreement at any time and from time to time, and each suchmodification shall be effective upon posting on the BigMic Services. Allmaterial modifications will apply prospectively only. Your continued use of theBigMic Services following any such modification constitutes your agreement tobe bound by and your acceptance of the Agreement as so modified. It istherefore important that you review this Agreement regularly. If you do notagree to be bound by this Agreement and to abide by all Applicable Law, youmust discontinue use of the BigMic Services immediately. Please print or savea copy of this agreement for reference.



1. Eligibility

Use of the BigMicServices and registration to be a Member for the BigMic Services(“Membership”) is void where prohibited. By using the BigMic Services, yourepresent and warrant that (a) all registration information you submit istruthful and accurate; (b) you will maintain the accuracy of such information;(c) you are 16 years of age or older; and (d) your use of the BigMic Servicesdoes not violate any Applicable Law. Your profile may be deleted and yourMembership may be terminated without warning, if we believe that you are under16 years of age, if we believe that you are under 18 years of age and yourepresent yourself as 18 or older, or if we believe you are over 18 andrepresent yourself as under 18.

2. Term

This Agreement, and anyposted revision to this Agreement, shall remain in full force and effect whileyou use the BigMic Services or are a Member. You may terminate your Membershipat any time, for any reason, by following the instructions on the Member'sAccount Settings page. BigMic may terminate your Membership at any time, forany or no reason, with or without prior notice or explanation, and withoutliability. Furthermore, BigMic reserves the right, in its sole discretion, toreject, refuse to post or remove any posting (including, without limitation,private messages, emails and instant messages (collectively, “messages”)) byyou, or to deny, restrict, suspend, or terminate your access to all or any partof the BigMic Services at any time, for any or no reason, with or withoutprior notice or explanation, and without liability. In addition, BigMicreserves the right, in its sole discretion, to reassign or rename your profileURL. BigMic expressly reserves the right to remove your profile and/or deny,restrict, suspend, or terminate your access to all or any part of the BigMicServices if BigMic determines, in its sole discretion, that you have violatedthis Agreement or pose a threat to BigMic, its employees, business partners,Users and/or the public. Even after Membership is terminated, this Agreementwill remain in effect, including, without limitation, Sections 5-18.

3. Fees

You acknowledge that BigMic reserves the right to charge for any portion of the BigMic Services and tochange its fees (if any) from time to time in its discretion. If BigMicterminates your Membership because you have breached the Agreement, you shallnot be entitled to the refund of any unused portion of fees or payments (ifany).

4. Password

When you sign up tobecome a Member, you will also be asked to choose a password. You are entirelyresponsible for maintaining the confidentiality of your password. You agree notto use the account, username, email address or password of another Member atany time or to disclose your password to any third party. You agree to notify BigMic immediately if you suspect any unauthorized use of your account or accessto your password. You are solely responsible for any and all use of youraccount.

5. Use by Members

The BigMic Services arefor the personal use of Members and may only be used for direct commercialpurposes if they are specifically endorsed or authorized by BigMic. BigMicreserves the right to remove commercial content in its sole discretion. Illegaland/or unauthorized use of the BigMic Services, including, without limitation,collecting usernames, user id numbers, and/or email addresses of Members byelectronic or other means for the purpose of sending unsolicited email orunauthorized framing of or linking to the BigMic Services, or employing thirdparty promotional sites or software to promote profiles for money, isprohibited. Commercial advertisements, affiliate links, and other forms ofunauthorized data collection or solicitation may be removed from Memberprofiles without notice or explanation and may result in termination ofMembership privileges. BigMic reserves the right to take appropriate legalaction, including, without limitation, referral to law enforcement, for anyillegal or unauthorized use of the BigMic Services.

6. Proprietary Rights in Content on BigMic

1.       BigMic does not claimany ownership rights in the text, files, images, photos, video, sounds, musicalworks, works of authorship, applications, or any other materials (collectively,"Content") that you transmit, submit, display or publish (“post”) on,through or in connection with the BigMic Services. After posting your Contenton, through or in connection with the BigMic Services, you continue to retainany such rights that you may have in your Content, subject to the limitedlicense herein. By posting any Content on, through or in connection with the BigMic Services, you hereby grant to BigMic a limited license to use, modify,delete from, add to, publicly perform, publicly display, reproduce, anddistribute such Content solely on, through or in connection with the BigMicServices, including, without limitation, through the BigMic Services toapplications, widgets, websites or mobile, desktop or other services which arelinked with your BigMic account (collectively, “Linked Services”), including,without limitation, distributing part or all of the BigMic Services and anyContent included therein, in any media formats and through any media channels,except that Content marked “private” will not be distributed by BigMic outsidethe BigMic Services and Linked Services. This limited license does not grant BigMic the right to sell or otherwise distribute your Content outside of the BigMic Services or Linked Services. After you remove your Content from the BigMicServices we will cease distribution as soon as practicable, and at such timewhen distribution ceases, the license will terminate. If after we havedistributed your Content outside of the BigMic Services, you change theContent’s privacy setting to “private,” we will cease distribution of such“private” Content outside of the BigMic Services as soon as practicable afteryou make the change. Notwithstanding the foregoing, you understand and agreethat once Content is distributed to a Linked Service or incorporated into otheraspects of the BigMic Services, BigMic is under no obligation to delete orask other Users or a Linked Service to delete that Content, and therefore itmay continue to appear and be used indefinitely.

2.       The license you grant toBigMic is non-exclusive (meaning you are free to license your Content toanyone else in addition to BigMic), fully-paid and royalty-free (meaning that BigMic is not required to pay you or anyone else deriving rights from you for theuse on the BigMic Services of the Content that you post), sub-licensable (sothat BigMic is able to use its affiliates, subcontractors and other partnerssuch as Internet content delivery networks and wireless carriers to provide theBigMic Services), and worldwide (because the Internet and the BigMic Servicesare global in reach).

3.       You represent andwarrant that: (i) you own the Content posted by youon, through or in connection with the BigMic Services, or otherwise have theright to grant the license set forth in this Section 6, and (ii) the posting ofyour Content on, through or in connection with the BigMic Services and/orLinked Services does not violate the privacy rights, publicity rights,copyrights, contract rights or any other rights of any person or entity. Youagree to pay for all royalties, fees, and any other monies owing any person orentity by reason of the use of any Content posted by you on or through the BigMic Services and/or Linked Services.

4.       The BigMic Servicescontain Content of BigMic ("BigMic Content"). BigMic Content isprotected by copyright, trademark, patent, trade secret and other laws, and BigMic owns and retains all rights in the BigMic Content and the BigMicServices. BigMic hereby grants you a limited, revocable, nonsublicensablelicense to reproduce and display the BigMic Content (excluding any softwarecode) solely for your personal use in connection with viewing the BigMicWebsite and using the BigMic Services.

5.       The BigMic Servicescontain Content of Users (“User Content”). Except as otherwise provided withinthis Agreement, you may not copy, download, modify, translate, publish,broadcast, transmit, distribute, perform, display, sell or otherwise use anyUser Content appearing on or through the BigMic Services.

6.       The BigMic Servicescontain Content of third party licensors that are not Users (such licensors,“Third Party Licensors” and such content “Third Party Content”). Third PartyContent is protected by copyright, trademark, patent, trade secret and otherlaws, and each Third Party Licensor retains all rights in its Third PartyContent. You are hereby granted a limited, revocable, non-sublicensablelicense to view, or listen to, as applicable, the Third Party Content solelyfor your personal, non-commercial use in connection with viewing and using the BigMic Services. Except for the foregoing limited license, and except as otherwiseexpressly provided in writing by BigMic, you are granted no right, title orinterest in any Third Party Content. You are only granted a limited license andthere is not a sale with respect to Third Party Content. Except as otherwiseprovided within this Agreement or directly authorized by BigMic and/or a ThirdParty Licensor on the BigMic Services (e.g., as part of a promotion thatencourages you to download specific Third Party Content for your use inconnection with such promotion), you may not copy, download, modify, translate,publish, broadcast, transmit, distribute, perform, display, sell or otherwiseuse any Third Party Content.

7.       BigMic performstechnical functions necessary to offer the BigMic Services, including, but notlimited to, the technical processing and transmission of email communicationsto perform the email service, and transcoding and/or reformatting Content toallow its use throughout the BigMic Services. In addition, you agree andacknowledge that BigMic may send messages including, but not limited to,notifications, special offers, promotions, commercial advertisements, andmarketing materials, in connection with the BigMic Services. You can controlwhat type of communications you receive from the BigMic Services by logginginto your account and choosing the appropriate notifications settings or byfollowing the unsubscribe instructions contained at the bottom of commercialemails.

8.       BigMic reserves theright to limit the storage capacity of Content that you post on, through or inconnection with the BigMic Services.

7. Content Posted

Please choose carefullythe information that you post on, through or in connection with the BigMicServices and that you provide to other Users. Your BigMic profile may notinclude any form of Prohibited Content, as outlined in Section 8 below. Despitethis prohibition, information, materials, products or services provided byother BigMic Members (for instance, in their profiles) or Linked Services may,in whole or in part, be unauthorized, impermissible or otherwise violate thisAgreement, and BigMic assumes no responsibility or liability for thismaterial. If you become aware of misuse of the BigMic Services by any personor Linked Service, please click on the "Contact Us” or the “Report Abuse”link at the bottom of the BigMic Website pages.

9.       BigMic may reject,refuse to post or delete any Content for any or no reason, including, but notlimited to, Content that in the sole judgment of BigMic violates this Agreement or which may be offensive, illegal or violate therights of any person or entity, or harm or threaten the safety of any person orentity. BigMic assumes no responsibility for monitoring the BigMic Servicesfor inappropriate Content or conduct. If at any time BigMic chooses, in itssole discretion, to monitor the BigMic Services, BigMic nonetheless assumesno responsibility for the Content, no obligation to modify or remove anyinappropriate Content, and no responsibility for the conduct of the Usersubmitting any such Content.

10.    You are solelyresponsible for the Content that you post on, through or in connection with anyof the BigMic Services, and any material or information that you transmit toother Members and for your interactions with other Users.

8.1 Content/Activity Prohibited

The following areexamples of the kind of Content that is illegal or prohibited to post on,through or in connection with the BigMic Services. BigMic reserves the rightto investigate and take appropriate legal action against anyone who, in BigMic'ssole discretion, violates this provision, including, without limitation,removing the offending Content from the BigMic Services, terminating theMembership of such violators and/or reporting such Content or activities to lawenforcement authorities. Prohibited Content includes, but is not limited to,Content that, in the sole discretion of BigMic:

8.1.1. is patentlyoffensive or promotes or otherwise incites racism, bigotry, hatredor physical harm of any kind against any group or individual;

8.1.2. harasses or advocates harassment of another person;

8.1.3. exploits peoplein a sexual or violent manner;

8.1.4. contains nudity,excessive violence, or offensive subject matter or contains a link to an adultwebsite;

8.1.5. solicits or is designed to solicit personal information fromanyone under 18;

8.1.6. publicly posts information that poses or creates a privacyor security risk to any person;

8.1.7. constitutes or promotes information that you know is falseor misleading or promotes illegal activities or conduct that is abusive,threatening, obscene, defamatory or libelous;

8.1.8. constitutes orpromotes an illegal or unauthorized copy of another person's copyrighted work,such as providing pirated computer programs or links to them, providinginformation to circumvent manufacturer-installed copy-protect devices, orproviding pirated music or links to pirated music files;

8.1.9. involves thetransmission of "junk mail," "chain letters," orunsolicited mass mailing, instant messaging, "spimming,"or "spamming";

8.1.10. contains restricted or password only access pages or hiddenpages or images (those not linked to or from another accessible page);

8.1.11. furthers orpromotes any criminal activity or enterprise or provides instructionalinformation about illegal activities including, but not limited to, making orbuying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses;

8.1.12. solicits or is designed to solicit passwords or personalidentifying information for commercial or unlawful purposes from other Users;

8.1.13. involvescommercial activities and/or sales without prior written consent from BigMicsuch as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.1.14. includes aphotograph or video of another person that you have posted without thatperson's consent;

8.1.15. for band,comedy, filmmaker and other profiles, uses sexually suggestive imagery or anyunfair, misleading or deceptive Content intended to draw traffic to theprofile; or

8.1.16. violates or attempts to violate the privacy rights,publicity rights, copyrights, trademark rights, contract rights or any otherrights of any person.

8.2 Content/Activity Prohibited

The following areexamples of the kind of activity that is illegal or prohibited on the BigMicWebsite and through your use of the BigMic Services. BigMic reserves theright to investigate and take appropriate legal action against anyone who, in BigMic's sole discretion, violates this provision, including, without limitation,terminating your Membership and/or reporting such activity or Content to lawenforcement authorities. Prohibited activity includes, but is not limited to:

8.2.1. criminal ortortious activity, including, but not limited to, child pornography, fraud,trafficking in obscene material, drug dealing, gambling, harassment,defamation, stalking, spamming, spimming, sending ofviruses or other harmful files, copyright infringement, patent infringement, ortheft of trade secrets;

8.2.2. advertising to, or solicitation of, any Member to buy orsell any products or services through the unauthorized or impermissible use ofthe BigMic Services. You may not transmit any chain letters or junk email toother Members. In order to protect our Members from such advertising or solicitation,BigMic reserves the right to restrict the number of emails which a Member maysend to other Members in any 24-hour period to a number which BigMic deemsappropriate in its sole discretion. If you breach this Agreement and send orcause to send (directly or indirectly) unsolicited bulk messages, status ormood updates, bulletins or other unauthorized commercial communications of anykind through the BigMic Services, you acknowledge that you will have causedsubstantial harm to BigMic, but that the amount of such harm would beextremely difficult to ascertain. As a reasonable estimation of such harm, youagree to pay BigMic $100 for each actual or intended recipient of suchunsolicited message, status or mood update, bulletin or other unauthorizedcommercial communication you send through the BigMic Services;

8.2.3. circumventing or modifying, attempting to circumvent ormodify, or encouraging or assisting any other person in circumventing ormodifying any security technology or software that is part of the BigMicServices;

8.2.4. activity thatinvolves the use of viruses, bots, worms, or any other computer code, files orprograms that interrupt, destroy or limit the functionality of any computersoftware or hardware, or otherwise permit the unauthorized use of or access toa computer or a computer network;

8.2.5. modifying,copying, distributing, downloading, scraping or transmitting in any form or byany means, in whole or in part, any Content from the BigMic Services otherthan your Content which you legally post on, through or in connection with the BigMic Services;

8.2.6. providing orusing “tracking” or monitoring functionality in connection with the BigMicServices, including, without limitation, to identify other Users’ views,actions or other activities on the BigMic Services;

8.2.7. covering or obscuring the banner advertisements and/orsafety features (e.g., report abuse button) on your personal profile page, orany BigMic page via HTML/CSS or any other means;

8.2.8. any automated useof the system, such as, but not limited to, using scripts to add friends orsend comments, messages, status or mood updates, blogs or bulletins;

8.2.9. interfering with, disrupting, or creating an undue burden onthe BigMic Services or the networks or services connected to the BigMicServices;

8.2.10. impersonating orattempting to impersonate BigMic or a BigMic employee, administrator ormoderator, another Member, or person or entity (including, without limitation,the use of email addresses associated with or of any of the foregoing);

8.2.11. for band,comedy, filmmaker and other profiles containing a BigMic player, copying thecode for your BigMic Player and embedding it (or directing others to embed it)anywhere other than in your band profile on BigMic;

8.2.12. using the account, username, or password of another Memberat any time or disclosing your password to any third party or permitting anythird party to access your account;

8.2.13. selling or otherwise transferring your profile, your emailaddress or URL;

8.2.14. using ordistributing any information obtained from the BigMic Services in order toharass, abuse, or harm another person or entity, or attempting to do the same;

8.2.15. displaying anunauthorized commercial advertisement on your profile, or accepting payment oranything of value from a third person in exchange for your performing anycommercial activity through the unauthorized or impermissible use of the BigMic Services on behalf of that person, such as placing commercial content onyour profile, links to e-commerce sites not authorized by BigMic, postingstatus or mood updates, blogs or bulletins with a commercial purpose, selectinga profile with a commercial purpose as one of your top friends, or sendingmessages with a commercial purpose;

8.2.16. relaying email from a third party's mail servers without thepermission of that third party;

8.2.17. using invalid orforged headers to disguise the origin of any Content transmitted to or through BigMic’s computer systems, or otherwise misrepresenting yourself or the source ofany message or Content;

8.2.18. using any automated system, including, but not limited to,scripts or bots in order to harvest email addresses or other data from the BigMic Website for the purposes of sending unsolicited or unauthorized material;

8.2.19. engaging in,either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could bereasonably interpreted as coercive, incentivized, misleading, malicious, orotherwise fraudulent; or

8.2.20. using the BigMic Services in a manner inconsistent with anyand all Applicable Law.

9. Protecting Copyrights and Other IntellectualProperty

BigMic respects theintellectual property of others, and requires that our users do the same. Youmay not upload, embed, post, email, transmit or otherwise make available anymaterial that infringes any copyright, patent, trademark, trade secret or otherproprietary rights of any person or entity. It is BigMic’s policy toterminate, in appropriate circumstances, the membership of repeatinfringers. 

If you believe your work has been copied and posted on or through the BigMicServices in a way that constitutes copyright infringement, please send BigMic'sCopyright Agent a notification of claimed infringement with all of thefollowing information: (a) identification of the copyrighted work claimed tohave been infringed, or, if multiple copyrighted works are covered by a singlenotification, a representative list of such works; (b) identification of theclaimed infringing material and information reasonably sufficient to permit usto locate the material on the BigMic Services (providing the URL(s) of theclaimed infringing material satisfies this requirement); (c) informationreasonably sufficient to permit us to contact you, such as an address,telephone number, and, if available, an email address; (d) a statement by youthat you have a good faith belief that the disputed use is not authorized bythe copyright owner, its agent, or the law; (e) a statement by you, made underpenalty of perjury, that the above information in your notification is accurateand that you are the copyright owner or are authorized to act on the copyrightowner's behalf; and (f) your physical or electronic signature. BigMic'sCopyright Agent for notification of claimed infringement can be reachedelectronically at
copyrightagent@bigmic.in BigMic provides certain tools and technologies to help facilitatecopyright owners’ control over their copyrighted works. In order to inquireabout the availability of these tools and technologies, please contact BigMic’sCopyright Agent at the email address listed.

10. Third Party Linked Services

Linked Services createdby third party developers may be available on, through or in connection withthe BigMic Services. Linked Services include applications, websites, desktop,wireless, mobile and other services available from third parties which can beinstalled onto your BigMic profile or shared with other Users on the BigMicServices or which may link to your BigMic account from outside of the BigMicServices. Linked Services may use your BigMic profile information, friendsand/or other profile content on the Linked Service and share activity eventsbetween BigMic and the Linked Service (depending on the features the LinkedService chooses to make available). 

When you engage with a third party Linked Service, you are interacting with thethird party, not with BigMic. BigMic does not control the third party, andcannot dictate their actions. If you choose to use a third party LinkedService, the Linked Service may use and share your data in accordance with theprivacy policy of and your privacy settings on such service. In addition, thethird party providing the Linked Service may use other parties to provideportions of the application or service to you, such as technology, developmentor payment services. BigMic is not responsible for and makes no warranties,express or implied, as to the third party Linked Services or the providers ofsuch Linked Services (including, but not limited to, the privacy practicesthereof). BigMic encourages you not to provide any personally identifiableinformation to any third party Linked Service unless you know and arecomfortable with the party with whom you are interacting.

11. Member Disputes

You are solelyresponsible for your interactions with other BigMic Users, third partydevelopers or any other parties with whom you interact through the BigMicServices and/or Linked Services. BigMic reserves the right, but has noobligation, to become involved in any way with these disputes.

12. Privacy

Use of the BigMicServices is also governed by our Privacy Policy, which is incorporated into this Agreement by thisreference.

13. Disclaimers

BigMic is notresponsible for and makes no warranties, express or implied, as to the UserContent or the accuracy and reliability of the User Content posted through orin connection with the BigMic Services or Linked Services, by Users of the BigMic Services or Linked Services, and such User Content does not necessarilyreflect the opinions or policies of BigMic. In addition, BigMic is notresponsible for any damage, injury or loss caused by Users of the BigMicServices or by any of the equipment or programming associated with or utilizedin the BigMic Services or Linked Services. Profiles and Linked Servicescreated and posted by Members on, though or in connection with the BigMicServices may contain links to other websites or services. BigMic is notresponsible for the Content, accuracy or opinions expressed on such websitesand services, and such websites and services are not necessarily investigated,monitored or checked for accuracy or completeness by BigMic. Inclusion of anylinked website or service on the BigMic Services does not imply approval orendorsement of the linked website or service by BigMic. When you access thesethird party sites and services, you do so at your own risk. BigMic takes noresponsibility for third party advertisements or Linked Services that areposted on, through or in connection with the BigMic Services or LinkedServices, nor does it take any responsibility for the goods or servicesprovided by these third parties. BigMic is not responsible for the conduct,whether online or offline, of any User of the BigMic Services or LinkedServices. BigMic assumes no responsibility for any error, omission,interruption, deletion, defect, delay in operation or transmission,communications line failure, theft or destruction or unauthorized access to, oralteration of, any User or Member communication. BigMic is not responsible forany problems or technical malfunction of any telephone network or lines,computer online systems, servers or providers, computer equipment, software,failure of any email or players due to technical problems or traffic congestionon the Internet or on any of the BigMic Services or Linked Services orcombination thereof, including, without limitation, any injury or damage toUsers or to any person's computer related to or resulting from participation ordownloading materials in connection with the BigMic Services or LinkedServices. Under no circumstances shall BigMic be responsible for any loss ordamage, including, without limitation, personal injury or death, resulting fromuse of the BigMic Services or Linked Services, attendance at a BigMic event,from any User Content posted on or through the BigMic Services or LinkedServices, or from the conduct of any Users of the BigMic Services, whetheronline or offline. The BigMic Services and Linked Services are provided"AS-IS" and as available and BigMic expressly disclaims any warrantyof fitness for a particular purpose or non-infringement. BigMic cannotguarantee and does not promise any specific results from use of the BigMicServices or Linked Services.


 

14. Limitation on Liability

IN NO EVENT SHALL BIGMIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUTLIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BigMic SERVICESOR LINKED SERVICES, EVEN IF BigMic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BigMic'SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIGMIC FOR THE BigMic SERVICES DURING THE TERM OF MEMBERSHIP.

15. Disputes

The Agreement shall begoverned by, and construed in accordance with, the laws of the Republic ofIndia, without regard to its conflict of law provisions. You and BigMic agreeto submit to the exclusive jurisdiction of the courts located within the cityof Mumbai, Maharashtra, India to resolve any dispute arising out of theAgreement or the BigMic Services. EACH OF THE PARTIES HEREBY KNOWINGLY,VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURYIN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS,COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR INCONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NOREPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OROTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TOENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIESACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTYENTERING INTO THIS AGREEMENT.

16. Indemnity

You agree to indemnifyand hold BigMic, its subsidiaries, and affiliates, subcontractors and otherpartners, and their respective officers, agents, partners and employees,harmless from any loss, liability, claim, or demand, including, but not limitedto, reasonable attorneys' fees, made by any third party due to or arising outof your use of the BigMic Services in violation of this Agreement and/orarising from a breach of this Agreement and/or any breach of yourrepresentations and warranties set forth in this Agreement and/or any Contentthat you post on, through or in connection with the BigMic Services.

17. Other

This Agreement isaccepted upon your use of the BigMic Website or any of the BigMic Servicesand is further affirmed by you becoming a Member. Your agreement with BigMicwill always include this Agreement at a minimum. Your access and use of certainBigMic Services will require you to accept additional terms and conditionsapplicable to such certain BigMic Services, in addition to this Agreement, andmay require you to download Software or Content. The failure of BigMic toexercise or enforce any right or provision of this Agreement shall not operateas a waiver of such right or provision. The section titles in this Agreementare for convenience only and have no legal or contractual effect. BigMic is atrademark of Epicurus Entertainment and Hospitality PvtLtd. This Agreement operates to the fullest extent permissible by law. If anyprovision of this Agreement is unlawful, void or unenforceable, that provisionis deemed severable from this Agreement and does not affect the validity andenforceability of any remaining provisions.

To contact us regardingany questions about this Agreement, please use the “Contact Us” link on thewebsite.


I HAVE READ THISAGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE