YOU
AGREE TO BE BOUND BY MAHABHARAT TAKEOUT's TERMS of Use by using
the Mahabharat Takeout Web Site.
Mahabharat Takeout is a world
wide web site owned and operated by Intelligent India Enterprises
("www.intelindia.com" and "Mahabharat
Takeout"). By accessing any areas of www.intelindia.com,
users ("User") agree to be legally bound and to abide by
the terms and conditions set forth herein (the "Terms of
Use").
User hereby affirms and warrants
that User is currently over the age of eighteen years (21 in some
areas) and are capable of lawfully entering into this agreement.
By electronically submitting an
order via the www.intelindia.com web site, User is agreeing to be
bound by all of Mahabharat Takeout then current terms and
conditions related to the purchase or rental of Mahabharat Takeout
products. User's www.intelindia.com order will not be confirmed or
processed unless User consents to be bound by the Terms and
Conditions. The Terms and Conditions shall be governed and
interpreted by the laws of the United States, without regard to
conflicts of law principles.
ACCESS:
User must be 18 years of age or
older (21 in some areas) to receive a membership and become a
User.
User agrees to be personally
liable and fully indemnify Mahabharat Takeout for any and all
damages directly, indirectly and/or consequentially resulting from
any attempted or actual unauthorized downloading or other
duplication of materials from Mahabharat Takeout, alone or with,
or under the authority of, any other person(s), including, without
limitation, any governmental agency(ies), wherein such damages
include, without limitation, all direct and consequential damages
directly or indirectly resulting from unauthorized downloading of
materials from this service including, but not limited to, damages
resulting from loss of revenue, loss of property, fines,
attorney's fees and costs, including, without limitation, damages
resulting from prosecution and/or governmentally imposed seizure(s),
forfeiture(s), and/or injunction(s).
MEMBERSHIP:
Excepting Lifetime Membership
Deposit, all other Membership dues are non-refundable. Members may
cancel themselves at any time online by going to the cancellation
page.
Some or all of the following
fees and charges may be incurred by you: a. Subscription Fees. You
are responsible for paying periodic subscription fees according to
the then-current billing terms. Subscription fees are
non-refundable. AUTOMATIC RENEWAL - Subscription fees are
automatically renewed, and therefore automatically credit card or
check debited, at the end of the original term selected, for a
like period of time, unless proper notice is received from the
Subscriber at least seven (7) days prior to renewal. b. Full
payments for all goods and services ordered at, through and/or
from this service and its licensees.
COPYRIGHTS:
All web site design, text,
graphics, the selection and arrangement thereof, and all software
Copyright ©-2006, Mahabharat Takeout. ALL RIGHTS RESERVED. Any
other use of materials on this web site--including reproduction
for purposes of modification, distribution, or
republication--without the prior written permission of Mahabharat
Takeout is strictly prohibited.
TRADEMARKS:
Mahabharat Takeout, www.intelindia.com,
Mahabharat Takeout's design logo, and all page headers, custom
graphics and button icons are service marks, trademarks, and/or
trade dress of Mahabharat Takeout. All other trademarks, product
names and company names or logos cited herein are the property of
their respective owners.
Restricted Rights Legend:
Use, duplication or disclosure by the United States and/or
Canadian Governments is subject to the restrictions set forth in
DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
Disclaimers:
MAHABHARAT TAKEOUT IS PROVIDING THIS SITE AND ITS CONTENTS
"AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. MAHABHARAT
TAKEOUT DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, MAHABHARAT
TAKEOUT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price
and availability information is subject to change without notice.
IN NO EVENT SHALL MAHABHARAT
TAKEOUT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS INFORMATION. Because some states do not allow
the exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to the
fullest extent permitted by law.
CONTENT:
Proprietary Rights:
User acknowledges that www.intelindia.com contains information,
data, software, photographs, graphs, digital video discs, video
compact discs, videos, typefaces, graphics, music, sounds and
other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets or other
proprietary rights, and that these rights are valid and protected
in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted by their respective
producers as a collective work under the Canadian and U.S.
Copyright laws and Mahabharat Takeout owns a copyright in the
selection, coordination, arrangement and enhancement of such
Content. User may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create
derivative works from or in any way exploit, any of the Content,
in whole or in part. If no specific restrictions are displayed,
User may make copies of select portions of the Content, provided
that the copies are made only for User's personal use and that
User maintains any notices contained in the Content, such as all
copyright notices, trademark legends or other proprietary rights
notices. Except as provided in the preceding sentence or as
permitted by the fair use privilege under Canadian and U.S.
copyright laws (see e.g. 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content
protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other
propriety right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement
accompanying such software.
Our web site contains robot
exclusion files, and you agree that you will not use any robot,
spider, other automatic device, or manual process to monitor or
copy our web pages or the content contained herein without our
prior expressed written permission. You agree that you will not
use any device, software, or routine to interfere or attempt to
interfere with the proper working of the animetakeout.com site or
any auction being conducted on our site. You agree that you will
not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the
information on our site is updated on a real-time basis and is
proprietary or is licensed to Mahabharat Takeout by our users or
third parties. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content
(except for Your Information) from our web site without the prior
expressed written permission of Mahabharat Takeout or the
appropriate third party. ALL PERFORMERS IN ALL OF THE DVDS
DISTRIBUTED BY MAHABHARAT TAKEOUT ARE 18 YEARS OF AGE OR OLDER.
The records required by Section 2257 of Title 18, United States
Code, with respect to all the DVDs found on www.intelindia.com and
all graphical materials associated therewith, are maintained by
their respective Studios/producers.
THIRD PARTY CONTENT:
Mahabharat Takeout is one of
many distributor and not a publisher of Content supplied by third
parties and Users. Mahabharat Takeout has no more editorial
control over such Content than does a public library or newsstand.
Any opinions, advice, statements, services, offers, or other
information that constitutes part of Content expressed or made
available by third parties, including third party content
providers ("Providers"), merchants
("Merchants"), sponsors ("Sponsors"),
licensors, ("Licensors"), or any other User of www.intelindia.com
are those of the respective authors or distributors and not of Mahabharat
Takeout or its affiliates, or any of their respective officers,
directors, employees or agents. Neither Mahabharat Takeout or its
affiliates or any of their respective officers, directors,
employees or agents nor any third-party, including any Provider,
Merchant, Sponsor, Licensor or any other User of Mahabharat
Takeout guarantees the accuracy, completeness, or usefulness of
any Content, nor its merchantability or fitness for any particular
purpose. In many instances, the Content available through Mahabharat
Takeout represents the opinions and judgments of the respective
Provider, Merchant, Sponsor, Licensor or User not under contract
with Mahabharat Takeout. Mahabharat Takeout neither endorses nor
is responsible for the accuracy or reliability of any opinion,
advice, or statement made on www.intelindia.com by anyone other
than authorized Mahabharat Takeout employees. Under no
circumstances shall Mahabharat Takeout or its affiliates, or any
of their respective officers, directors, employees or agents be
liable for any loss or damage caused by a User's reliance on
information obtained through www.intelindia.com. It is the
responsibility of User to evaluate the information, opinion,
advice, or other Content available through Mahabharat Takeout.
Export:
The Canadian and U.S. export control laws regulate the export and
re-export of technology originating in the Canada and the United
States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign
nationals. User agrees to abide by these laws and their
regulations - including but not limited to the Export
Administration Act and the Arms Export Control Act and not to
transfer, by electronic transmission or otherwise, any Content
derived from www.intelindia.comto either a foreign national or a
foreign destination in violation of such laws.
Mahabharat Takeout Online
Rights:
Mahabharat Takeout may elect to electronically monitor the User
submit areas and may disclose any Content, records or electronic
communication of any kind (i) to satisfy any law, regulation or
government request, (ii) if such disclosure is necessary or
appropriate to operate www.intelindia.com, or (iii) to protect the
rights or property of Mahabharat Takeout, its Users, Sponsors,
Providers, Licensors or Merchants.
Mahabharat Takeout is not
responsible for screening, policing, editing, or monitoring such
Content. If notified of allegedly infringing, defamatory,
damaging, illegal or offensive Content, Mahabharat Takeout may
investigate the allegation and determine in its sole discretion
whether to remove or request the removal of such Content from www.intelindia.com.
Mahabharat Takeout reserves the
right to prohibit conduct, communication, or Content which it
deems in its sole discretion to be harmful to individual Users, Mahabharat
Takeout, the communities which make up Mahabharat Takeout, or any
rights of Mahabharat Takeout or any third party, or to violate any
applicable law. Notwithstanding the foregoing, neither Mahabharat
Takeout nor its Providers, Merchants, Sponsors, or Licensors can
ensure prompt editing or removal of questionable Content after
online posting. Accordingly, neither Mahabharat Takeout or its
Affiliates, or any of their respective officers, directors,
employees, or Agents nor, Provider, Merchant, Sponsor or Licensor
shall assume liability for any action or inaction with respect to
conduct, communication, or Content on www.intelindia.com.
TERMINATION OF USAGE:
Mahabharat Takeout may terminate
User access, or suspend any User's access to all or part of Mahabharat
Takeout, without notice, for any conduct that Mahabharat Takeout,
in its sole discretion, believes is in violation of any applicable
law or is harmful to the interests of another User, a third-party
Provider, a Merchant, a Sponsor, a Licensor, a service provider or
Mahabharat Takeout.
MISCELLANEOUS:
Users may not use Mahabharat
Takeout to send unsolicited advertising, promotional material, or
other forms of solicitation to other Users except in those
specified areas that are designated for such a purpose. It is a
crime to use a false name or a known invalid credit card to order.
Anyone caught willfully entering an erroneous or fictitious order
will be prosecuted. Each electronic entry carries the computer
coding of the internet provider through which the individual User
can be traced.
Mahabharat Takeout Service Terms
and Conditions
You must agree to these terms
and conditions before you can become a member of this site.
Access and Membership:
"By subscribing to this service ("Mahabharat
Takeout"), I ("Subscriber") agree to be bound by
all the terms and conditions set forth in this agreement (the
"Agreement"). The parties to this Agreement are myself
(the Subscriber) and Mahabharat Takeout. This Agreement is subject
to change by Mahabharat Takeout at any time, and changes are
effective upon notice to the Subscriber."
"In order for me to become
a member, I must be at least 18 years of age or older (21 in some
areas). I certify that I am 18/21 years of age or older (21 in
some areas) and are capable of lawfully entering into this
agreement."
"Mahabharat Takeout
reserves the right to reject submission deemed to be in violation
of these terms and conditions, or any incomplete or illegal
submission."
"Processing and delivery
times may in practice limit the number of DVDs Subscriber can rent
each month."
BILLING:
"Subscriber will be billed
a flat fee including taxes, if applicable, once a month and
Subscriber may cancel at any time."
" Subscriber's membership fees includes ALL postage and
handling charges."
"Any applicable sales tax
will be added to Subscriber's monthly membership fee."
PLANS:
"Subcriber may change plans
at any time."
"Upgrades in plans will only result in billing the difference
of the plans."
"Downgrades in plans will affect the next billing cycle. No
refunds for partial months of use will be credited."
"Future billing cycles will be billed at the new rate."
CANCELLATIONS:
"Subscriber may cancel
online anytime."
"Cancellations take effect immediately. No refunds or credits
will be given for partial months of use."
"All rented movies must be returned to Mahabharat Takeout
within 1 week of cancellation."
"After Cancellation any unreturned rentals will be subject to
standard Mahabharat Takeout restocking fees based on the
Manufacturer's Suggested Retail Price for the disc."
SPECIAL OFFERS AND INVITATIONS:
"Invitations and special
offers are available only for first-time Mahabharat Takeout
customers, unless stated otherwise on the offer."
"Each promotion code is limited to one per household and
cannot be combined with any other offer(s)."
"Offers are valid only within the United States and its
Territories, are not transferable and are void where taxed or
otherwise prohibited by law."
"Once redeemed, all promotional offers are final and are not
eligible for refund or return."
MISCELLANEOUS:
"I agree to be personally
liable and fully indemnify Mahabharat Takeout for any and all
damages directly, indirectly and/or consequentially resulting from
my attempted or actual unauthorized downloading or other
duplication of materials from www.intelindia.com, alone or with,
or under the authority of, any other person(s), including, without
limitation, any governmental agency(ies), wherein such damages
include, without limitation, all direct and consequential damages
directly or indirectly resulting from unauthorized downloading of
materials from www.intelindia.com, but not limited to, damages
resulting from loss of revenue, loss of property, fines,
attorney's fees and costs, including, without limitation, damages
resulting from prosecution and/or governmentally imposed seizure(s),
forfeiture(s), and/or injunction(s)."