Terms of Service
Effective Date: July 1, 2014
Welcome to SMI-ShowMeInterest (SMI)
These Terms and Conditions of our services apply to the bunch of websites that link to these Terms and other related mobile AMI applications, websites, tools, services and other interactive properties which link to these Terms and Conditions collectively. We express our thanks for your visit and learning about this site.
It is highly significance for us to provide you as well as other visitors of this website, a special experience while you use SMI website/applications. Equally important for us is the concern that you use this site and its applications with full awareness of your respective legal rights as well as obligations. Therefore, we have stated these ‘Terms’ as the legally binding terms in order to govern your usage on this site. We request you to read these Terms thoroughly and carefully before you start using our services as they directly affect your legal obligations and rights.
Acceptance of Terms of Service
Updates and Changes to Terms
Electronic Communication and Contact: Your access to SMI website/Applications and services confirms you give your consent to this agreement offered to you in its electronic form and that all notices, agreements, disclosures and other communications will be in provided to you electronically which will satisfy all legal requirements. You expressly consent to our communication with you using contact information you provide us and you attest that you have the legal authority over any contact information provided to us, including your mobile or other telephone number, and provide us and/or third parties with the authorization to contact you. This interprets that you might be contacted either in person or by a recorded message, telephone, email, text(SMS) message or any means of communication that your wireless or other telecommunication device is able to receive. Please make sure your keep all your contact information up to the date. You will be solely responsible for any information your provide to us for contacting.
USE OF SMI WEBSITE OR APPLICATIONS
Before your start using SMI Website and Application, you declare that you:
Either are or above 18 years of age
Have never been convicted in case of any criminal offense or felony against sexual offence
Will not be contacting anyone less than the age of 18 years
You agree that you are solely responsible and liable for your interactions and communication with other members
Registration On SMI as a Member
You can become a Member on SMI absolutely free of cost. You will be allowed to browse profiles of other members and send them messages as well for connecting further when you become a Member of SMI.
Maintain and ideally update your account information, profile information in order to make sure that it is current, true, accurate and complete. In case, you give information which is untrue, incomplete, inaccurate, we have reasons to suspect that you have violated the Terms. We have all the rights to suspend your membership and refuse all current or even future use of SMI Website or applications and its services.SMI reserves all right to deny access to any user to the SMI website or applications or services without any prior notice or reason. This can include IP addresses or unique device identifiers from accessing our services.
On registration, you will get a prompt to select a password and user/account name. You cannot take a username which is is vulgar or otherwise sounds offensive, infringes any trademark or other rights of other connected to proprietorship. You are expected to create only a unique profile for the Services provided.
Security of Username and Password
It will be solely your responsibility to maintain the confidentiality of your password as well as account. Moving further, you will be fully responsible for all your activities that are occurring under your account. You agree to notify the team of AMI immediately in case of any unauthorized use or theft of your account or any other violation of security. We will not be responsible any of your loss that you may face because of someone using your account or password whether it is with or without your knowledge. Instead, you will be responsible for all such losses. At the same time, you should not use anyone else’s account at any point of time.
Posting Your Personal Information
You are not allowed to post your email address, phone number or any other contact information in your content, profile, chat message, email or any other information for correspondence in your profile , content, email, chat message, mobile messages, or any other communication to provide a means of communicating with you outside of the Services in an attempt to circumvent any restrictions on use of the Services, your membership or subscription plan or other Premium Service features.
SMI holds the rights to terminate or suspend your Membership as well as access to SMI Website/Application or service at any point of time immediately or without any prior notice for any reasons including misuse of Services in inappropriate way, unsafe behavior, or unlawful.
Access of Facebook
You will be only responsible for adhering to terms and conditions of use for Facebook. SMI will not be responsible if your are unable to access the services or SMI website/applications through Facebook because of your account on Facebook being closed, suspended, blocked or terminated. However, if your profile or account is suspended or terminated on SMI website or applications, it will not affect your account on social networking website.
USE OF SERVICES
In agreement with terms and conditions, SMI as well as its services are offered for your personal and non commercial purposes. You agree that you will not display, copy or distribute any details of SMI website or applications through any medium without the prior consent of SMI in written, or, modify or alter any details of the SMI website or applications except those which are reasonably required for use of SMI for intended purposes. You should not try to obtain any materials or details or information by the means not intentionally made available through this website or its applications. At the same time, you are not allowed to reverse engineer, dissemble or decompile any software accessed through SMI website or applications or its services.
Information Given about SMI website or Applications or Services
Once you decide to become a user of our standard service, you will be able to create a profile, upload your photos, select photos from Facebook albums, browse other profiles on SMI, search members by location, interest and age, see who is interested in you, read messages from other users and contact other users. You will also be able to visit the profiles of other users on Facebook as per their privacy settings.
Facebook Access Privacy
As a user or member of SMI website, you can control as well as manage who can visit your profile on Facebook through this website, While connecting your Facebook profile with showmeinterest.com, you will be prompted for one of the two privacy options.
Submissions by User
Communication services may consist of email services, chat areas, message of communication facilities, photo albums ( collectively referred as ‘User Content’) on SMI website or applications(referred as ‘interactive services’). You give your agreements that all User content you post, submit, upload, display or embed through the interactive services will adhere to the said Terms and along with user requirements. At the same time, you agree and acknowledge that all User Content Distributed through the interactive services stands public and that you do not expect of its privacy. Therefore, SMI suggests you to exercise caution when using the interactive services as the information uploaded by you may be seen as well as used by others and may result in unsolicited correspondence and communications.SMI WILL NOT BE RESPONSIBLE FOR ANY KIND OF MISUSE OR MISAPPROPRIATION OF EITHER ANY USER CONTENT OR INFORMATION BY ANY USER POSTED BY YOU ON OR THROUGH SMI APPLICATIONS.
SMI possesses no obligation to monitor user content, however it reserves the right to go through and review as well as remove any user content at any point of time for any particular reason, SMI does not claim any liability specifically in regard to user content and neither in any kind of actions resulting due to your participation in any interactive services,
In case, you come across anything which is objectionable and violates the terms, you can report the same to email@example.com.
License to User Content
Representation of Ownership
You hold on to the copyright and other intellectual property rights with respect to all user content you submit or spread through SMI website or applications. You warrant and represent that you hold the rights of allowing us the Licenses stated in these Terms by providing user content on SMI website or application, declaring that the user content is accurate and not confidential. At the same time, this implies that the submission, distribution, posting, transmission and use of your user content on SMI website and applications does not violate any applicable laws or any restriction or third party rights.
As a user of SMI website or application, you agree that you will not use or access the services for:
Proprietary Rights in SMI Content
Ownership of SMI Content
SMI or its licensors own all services and materials accessible and published through SMI website and applications. These materials include, however are not limited to, text, photographs, graphics, videos, images, audio, animations, software, plug-ins, ‘applets’ incorporated into software, sounds, messages and comments. You acknowledge that you do not acquire any ownership rights in any SMI Content or Marks downloaded from SMI Website/Applications. You may not frame or utilize framing techniques to enclose any Mark or SMI Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing SMI’s name or Marks without the prior express written consent of SMI. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any SMI Website/Applications or any of the Marks or SMI Content, in whole or in part, without the prior written consent or SMI. SMI reserves all rights not expressly granted in and to the Marks, SMI Content and SMI Website/Applications.
No Other License Allowed
SMI website and applications does not grant any rights except for permission to use SMI website and applications and services set forth above. This implies you do not have rights to SMI content, SMI website and applications or services or any other property of SMI except those stated herewith.
You need to be 18 years of age or of the age of maturity, whichever is older, in order to become a member of SMI as well as to use its services.
Access and Termination
You understand as well as agree that your membership with SMI is subject to and based on the following:
Your continued adherence to these Terms and any future modifications thereto and compliance with the Terms
Your violation of these Terms, or any other agreement between you and SMI constitute grounds for immediate termination of your membership without further notice at our sole discretion.
We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business.
Termination of your Membership will result in cancellation of all rights of Access and use of Services granted to Members.
SMI reserves the right to change, discontinue or suspend SMI or any of the Services at any time for any reason.
You agree that we may terminate, modify, discontinue or abandon the SMI Website/Applications or Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
If this Agreement is terminated for any reason, the provisions with by their nature should continue after termination such as those titled Proprietary Rights of SMI, General, Legal Notices, Resolution of Disputes and Miscellaneous shall survive any such termination.
No third Party Beneficiaries
You give your consent to the fact that there will be no third party beneficiaries to this Agreement except stated otherwise in this agreement.
Communications from SMI
Once you register yourself on SMI, you will receive online correspondence and communications from SMI. You may even receive electronic communications from us simply by providing email addresses and not registering as well. In both these cases, you can simply click on ‘Unsubscribe’ link at the bottom of each mail and your name will be deleted from our mailing list if you do not wish to receive correspondences from SMI.
Links and Third Party Activities
You may be able to access other websites or resources through links accessible through SMI Website/Applications. Because SMI has no control over such sites and resources, you acknowledge and agree SMI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does SMI endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that SMI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your interactions with Other Members
You will be individually and only responsible for your interactions made with other members on SMI whether online or offline. You understand that SMI does not screen its members in any way nor does it inquire regarding the backgrounds of its members or try to authenticate the statements of the members signing up. At the same time, SMI does not warranty or represent the conduct of members or their compatibility with current or future member as well.
In neither of the events SMI will be held responsible for any damages whether direct, indirect, general, compensatory special, consequential or incidental, arising due to conduct of you or any other person in connection with the use of services, including without limitation to emotional distress, physical injury or any other damages due to communications or meetings with our registered member or users.
You understand that you are personally responsible for your behavior while on the SMI Website/Applications or using the Services, , and agree to indemnify and hold SMI, and its affiliates, business partners, and their respective officers, directors, employees, and agents (collectively, “Indemnities”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that Indemnities may incur arising out of or related to your use of the SMI Website/Applications or Services or in connection with a third party claim or otherwise, in relation to your use of the SMI Website/Applications or Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any persons you interact with who you met through the SMI Website/Applications or Services. To the extent permitted under applicable laws, you hereby release SMI from any and all claims or liability related to your use of the SMI Website/Applications or the Services.
RESOLUTION OF DISPUTES
Resolution of any Dispute
In case of any dispute between you and SMI, we will provide you with neutral, efficient and cost-effective means of resolving the same. Most of the concerns can be resolved meeting customer satisfaction through our customer care department. However, the issue still persists, and needs to be resolved, these described Terms will specify how both of us will proceed:
Limitation of Legal Remedies.
Instead of taking a legal action in court, you as well as SMI each agree to sort out disputes on individual basis. You and SMI show agreement that ay dispute, controversy or claim rising out with aspect to relationship, the content on SMI, claims after terminations of Membership, claims regarding marketing efforts including complaints like unsolicited text messages, telemarketing calls and emails. (“Claim(s)”) which cannot be settled through the customer service department shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Indian Laws
These Terms shall be governed by and construed in accordance with the laws of the India without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and SMI (‘Dispute”) shall lie in the District High Courts located in Delhi, India. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to SMI, the Services, the content or the SMI Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
These Terms and policies incorporated herein, are the entire agreement between you and SMI. They supersede any and all prior or contemporaneous agreements between you and SMI relating to your use of the SMI Applications or the Services. SMI may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of SMI to partially or fully exercise any rights or the waiver of SMI of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by SMI or be deemed a waiver by SMI of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of SMI under these Terms and any other applicable agreement between you and SMI shall be cumulative, and the exercise of any such right or remedy shall not limit SMI ‘s right to exercise any other right or remedy.
Contact Us. Please Contact Us if you have any questions about the Terms
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