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Terms and Conditions

Welcome to CUSTARD APPLE, which is provided by CUSTARD APPLE (either "we" or "us"). These Terms of Use govern your use of the websites, content, software and services offered through CUSTARD APPLE YOUR AFFIRMATIVE ACT OF USING CUSTARD APPLE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE PRIVACY POLICY AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DOES NOT USE CUSTARD APPLE.

  1. ALTERATIONS TO THE TERMS AND CONDITIONS:

    We may change these Terms and Conditions at any time. You can review the most current version of these terms by clicking on the "Terms and Conditions" hypertext link located at the bottom of our web page. You are responsible for checking these terms periodically for changes. If you continue to use CUSTARD APPLE after we post changes to these Terms and Conditions, you are signifying your acceptance of the new terms.

  2. USERS:

    Certain enhanced services, such as e-mail or online calendars, are available only to registered users of CUSTARD APPLE and require you to sign in with a screen name to use them. Your use of these enhanced services as a registered user of the CUSTARD APPLE will be subject to the Terms and Conditions for Use, Privacy Policy and Disclaimer.

  3. ADDITIONAL TERMS:

    Certain areas of CUSTARD APPLE, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms and Conditions. By using those services on CUSTARD APPLE, you agree to comply with such guidelines and rules.

  4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT:

    You agree that we may provide to you required notices, agreements and other information concerning CUSTARD APPLE electronically. We will post the notices on the homepage of CUSTARD APPLE or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of CUSTARD APPLE.

    A. On submission of your feature film information to represent CUSTARD APPLE.
    B. You agree and given your consent of acceptance on full and complete understanding fo agreements/contracts to CUSTARD APPLE and its affiliates. 
    C. You agree that CUSTARD APPLE is not provided you any commitment/guarantee of its services.
    D. You agree that all payments made by you is non refundable unless CUSTARD APPLE promotional mails or communicated to you officially dully signed.
    E. You agrees to indemnify and hold CUSTARD APPLE AND ITS AFFILIATES, EMPLOYEES harmless against any claims or suits resulting from any breach by you of this contract or CUSTARD APPLE other, or any violation of copyrights, trademarks and rights to privacy or publicity belonging to any third parties. 
    F. You agree all Contracts/agreements shall be governed and construed in accordance with the laws of India.  

  5. RIGHT TO CHANGE:

    We reserve the right to include and discontinue or change any program/service or feature on CUSTARD APPLE for the betterment of disabled child and old age people in mass at any time and without notice.

  6. EQUIPMENTS AND EXPENSES:

    You must provide at your own expense the equipment and Internet connections that you will need to access and use CUSTARD APPLE. You are solely responsible for any costs you incur to access CUSTARD APPLE through any wireless or other communication service.

  7. YOUR RESPONSIBILITIES/LIABILITIES:

    You may use CUSTARD APPLE for lawful purposes only. You may not submit or transmit through CUSTARD APPLE any material, or otherwise engage in any conduct that:

    • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
    • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • impersonates any person, business or entity, including CUSTARD APPLE and its affiliates, its employees and agents;
    • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
    • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
    • Violates these Terms and Conditions, guidelines or any policy posted on CUSTARD APPLE, or interferes with the use of CUSTARD APPLE by others.

    You may not use CUSTARD APPLE in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of CUSTARD APPLE. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.

  8. SPAM:

    You may not use CUSTARD APPLE or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use CUSTARD APPLE to violate the terms of this section. We may terminate your access or use of CUSTARD APPLE immediately and take any other legal action if you, or anyone using your access to CUSTARD APPLE, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

  9. PROPRIETARY RIGHTS:

    We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on CUSTARD APPLE own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on CUSTARD APPLE are our trademarks.

  10. LICENSE TO USE:

    You may use CUSTARD APPLE and the Content offered on CUSTARD APPLE only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal and educational purpose use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of CUSTARD APPLE or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

  11. PUBLIC ACCESSIBLE CONTENT:

    Certain areas of CUSTARD APPLE may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on CUSTARD APPLE that you created or that you have permission to post. You may not post Content that violates these Terms and Conditions. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of CUSTARD APPLE, you grant us, our affiliates, and volunteers have right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

  12. MONITOR:

    You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

  13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

    We respect the intellectual property of others. If you believe that your work has been copied and is accessible on CUSTARD APPLE in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

  14. HYPERLINKS:

    CUSTARD APPLE may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on CUSTARD APPLE are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

  15. DISCLAIMER OF WARRANTIES:

    We provide CUSTARD APPLE "as is", "with all faults" and "as available." We make no express warranties or guarantees about CUSTARD APPLE. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that CUSTARD APPLE and all software, content and services distributed through CUSTARD APPLE are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that CUSTARD APPLE will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of CUSTARD APPLE, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use CUSTARD APPLE (either directly or through third-party networks) at times or locations of you're choosing. No oral or written information or advice given by CUSTARD APPLE representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

  16. LIMITATION OF LIABILITY:

    Your exclusive remedy regarding any software provided by us shall be the replacement of any such software found to be defective. Your sole and exclusive remedy for any other dispute with us is to discontinue your use of CUSTARD APPLE. In no event shall our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of CUSTARD APPLE exceed the total amount of service fees, if any, that you paid us during a one-year period for the specific service at issue.

    We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon CUSTARD APPLE. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall is limited to the extent permitted by law.

  17. INDEMNIFICATION:

    Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated non-government organization, and our respective employees, contractors, officers, trustees, and vendors/agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of CUSTARD APPLE. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  18. RESOLVING DISPUTES:

    You agree that the laws of Republic of India govern this contract and any claim or dispute that you may have against us will be resolved by the High Court, Bombay (Mumbai) and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

    PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF THE HIGH COURT, BOMBAY (MUMBAI) OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF THE HIGH COURT, BOMBAY (MUMBAI) FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

  19. SEVERABILITY:

    This contract and any supplemental terms, policies, rules and guidelines posted on CUSTARD APPLE constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  20. TERMINATION:

    Your right to use CUSTARD APPLE automatically terminates if you violate these Terms and Conditions or any rules or guidelines posted in connection with CUSTARD APPLE. We also reserve the right, in our sole discretion, to terminate your access to all or part of CUSTARD APPLE, for any reason, with or without notice.