Terms of Service –
Welcome to Hoblist!
Hoblist is a website of M/s Geek Synergy Private limited, located at #665, 3rd Main, 11th Cross, Hemavathi Nagar, Hassan – 573201, Karnataka, India. Hoblist provides a plethora of collection of fan powered ranking on just about everything from movies, to books, food and so on. The community of fans and followers rank the items from best to worst. The use of Hoblist is subjected to the user consent on the terms of service detailed herewith.
Definitions –
Hoblist, Website, Company,Us, We – refer to the creator, operator and publisher of this website who makes the website and certain services available to the users.
You, the User – refers to the user of the website who uses as a visitor or signs up as a Hoblist account holder.
User Acceptance –
By using Hoblist, the user warrants that they accept these terms and conditions and agree to be bound by it. If the User doesn’t consent, please leave the Website immediately. We only agree to provide use of this website and services to its Users only on their acceptance.
Age Policy –
The user must be 13 (thirteen) years of age to use this Website or any Services contained herein. By using this Website, the user represents and warrants that they are at least 13 years of age. The Company assumes no responsibility or liability for any misrepresentation of the User’s age.
Website Usage Rights –
The Company may provide the user with certain information as a result of their usage of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in the usage of the Website or Services ("Company Materials"). Subject to this, the Company grants the user a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with their usage of the Website and Services. The Company Materials may not be used for any other purpose, and this usage rights terminates upon any breach found on the user part.
User Obligations –
1. As a user of the Website or Services, User may be asked to sign-up with Hoblist with the Name, Email address and Gender. The User is responsible for ensuring the accuracy of this information. This identifying information will enable the user to use of the Website and Services. The User is advised not to share such identifying information with any third party, and if the user discovers any information has been compromised, the same shall be notified to Hoblist immediately in writing. Email notification will suffice. The user is responsible for maintaining the safety and security of their identifying information as well as keeping Us, Hoblist appraised of any changes to their identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this terms of service and blocking the user from further Website access.
2. User shall not use the Website or Services for any unlawful purpose or any other purpose prohibited under this clause. User shall not use the Website or Services in any way that could damage the Website, Services, or general business of the Company. The user shall not use the Website or Services -
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
3. Reverse Engineering and Security Violation –
The User shall not undertake any of the following actions –
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to host, user or network.
4. Transfer of User Account – User shall not transfer any of their rights or obligations under these terms of service to anyone else. In case of such transfers, the same shall be with written consent of the Company.
User Comments
1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. www.hoblist.com does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions ofwww.hoblist.com, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws www.hoblist.comshall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. www.hoblist.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
4. You warrant and represent that:
a) You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
b) The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
c) The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
d) The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Company Intellectual Property Policy –
The Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). The Company owns all rights, title and interest in and to the Company IP and the user shall not use the Company IP for any unlawful or infringing purpose. User shall not reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
Spam Policy –
Users are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Advertisement Policy –
The usage of Hoblist doesn’t incur any charges instead Hoblist is paid by the advertisements of businesses posted on our site. We assure our users that their personal data shall not be sold or shared with advertisers without your explicit permission. The user browsing information shall only be used to facilitate ads relevant to your interest. The advertisers are provided with the data pertaining to their advertisement performance giving them an insight to their ad performance.
Our advertising partner is listed below. Our advertising partner has their own Privacy Policy for their policies on user data. For easier access, the hyperlink to the Privacy Policies is as below-
https://policies.google.com/technologies/ads
Privacy Policy –
Through the use of the Website and Services, User may provide the Company with certain information.
a) Information Collected or Receive - When the user sign-up for an account, they provide a valid email address, Name and Gender. Depending on the usage, the Website or Services, may also receive information from external applications that is used to access the Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How the Website uses User information - The Website uses the information gathered from the user to ensure their continued good experience on the website, including through email communication. The website may also track certain aspects of the passive information received to improve the marketing and analytics, and for this, they may work with third-party providers.
c) How User can protect their Information - If user would like to disable the website’s access to any passive information they receive from the use of various technologies, user may choose to disable cookies in their web browser. Please be aware that the Company will still receive information about the user that user has provided, such as user email address. If user chooses to terminate their account, the Company will store information about the same for the following number of days: 10 days. After that time, it will be deleted.
Website Access –
Hoblist is a global service. To facilitate global access, we store and distribute content and data in data centres, systems around the world which includes the user country of residence and outside. This infrastructure maybe controlled by the Company or other Third-party providers.
Data Loss –
The Company does not accept responsibility for the security of the User account or content. Use of the Website or Services is at User’s own risk.
Third Party Links and Content
The Company may occasionally post links to third party websites or other services. The Company is not responsible or liable for any loss or damage caused as a result of the user’s use of any third party services linked to from Our Website.
Modifications to the Terms of Service -
The Company may, from time to time and at any time without notice to the User, modify this Terms of Service. The Company has the right to modify these terms and policies of service with respect to the change in the law of the land or any other legal obligations to be fulfilled. All modifications to this Terms of Service are in full force and effect immediately upon posting on the Website and that the modifications or variations will replace any prior version of the same, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this term.
a) To the extent any part or sub-part of this terms of service is held ineffective or invalid by any court of law, the prior, effective version of the same shall be considered enforceable and valid to the fullest extent.
b) The user will routinely monitor this Terms of Service and refer to the Effective Date posted at the top of this Page to note modifications or variations. The user is requested to clear their cache when doing so to avoid accessing a prior version of this information. User’s continued usage of the website after any modifications to the Terms of Service is a manifestation of their consent and acceptance.
c) In the event that the User fails to monitor any modifications to or variations of this Terms of Service, such failure shall be considered an affirmative waiver of User right to review the modified Agreement.
Termination / Suspension of the Terms -
The Company may terminate this Terms of Service with its User at any time for any reason, with or without cause. The Company specifically reserves the right to terminate if the User violates any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If the User has signed up with Hoblist, User may also terminate this Agreement to this Terms of Service at any time by contacting Us and requesting termination. At the termination, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Indemnification policy –
The User shall defend and indemnify the Company and any of its affiliates (if applicable) and hold the Website harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to the user’s use or misuse of the Website or Services, user’s breach of this Agreement, or their conduct or actions. The Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
No Warranties –
The User agrees that their use of the Website and Services is at their sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet User needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. User agrees that any damage that may occur to them, through their computer system, or as a result of loss of their data from their use of the Website or Services is their sole responsibility and that the Company is not liable for any such damage or loss.
Limitation on Liability –
The Company is not liable for any damages that may occur to the User as a result of their use of the Website.
Service Interruptions –
The Company may need to interrupt User’s access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. User shall agree that their access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
GENERAL PROVISIONS –
a) LANGUAGE -
All communications made or notices given pursuant to this Terms of Service shall be in the English language.
b) JURISDICTION, VENUE AND CHOICE OF LAW –
Through Your use of the Website or Services, You agree that the laws of the Republic of India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between User and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction with the laws of Republic of India and subject to the exclusive jurisdiction of courts in Bangalore, Karnataka, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You, the User hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION –
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the courts in Bangalore, Karnataka, India. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing laws of Republic India and State of Karnataka. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, claims based on Central and state laws of Republic of India, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a trial in regard to arbitral claims.
d) ASSIGNMENT -
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY -
If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER -
In the event that the Company fails to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE –
No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
h) FORCE MAJEURE –
The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED –
Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: [email protected].