Welcome to DESIMARTINI.COM, a service of Top Movies Entertainment Ltd. (www.desimartini.com or Top Movies Entertainment Ltd, hereinafter referred as "DESIMARTINI")
Registration, Accounts and Passwords: You agree to
Provide true, accurate, current and complete data about Yourself on the DESIMARTINI registration form ("Registration Data") and
Promptly update the Registration Data to keep it true, accurate, current and complete. If You fail to do any of these things, DESIMARTINI will have the right to suspend or terminate Your use of the Service and/or terminate Your account. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of Your password and account, and You are solely responsible for all use of Your password or account, whether authorized by You or not. You agree to (a) immediately notify DESIMARTINI of any unauthorized use of Your password or account or any other breach of security and (b) ensure that You exit from Your account each time You use the Service. Access and use of password protected and/or secure areas of the Service, is restricted to users who have been given a valid password by DESIMARTINI. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
DESIMARTINI reserves the right to use Your mobile and demographic information such as age, sex and location to conduct targeted mobile marketing campaigns even for third parties wishing to advertise using our database. DESIMARTINI also reserves the right to sell this information and also the entire site to a third party if a third party is desirous of purchasing this information. You shall not have any objection upon any call/SMS/Communication by DESIMARTINI, any third party on its behalf or any other party authorized by DESIMARTINI in this regard communication to You regarding any matter connected with DESIMARTINI. Notwithstanding Your registration with National Do Not Call Registry/ Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India (TRAI), You hereby express your interest and accord your willful consent to receive communication. You further confirm that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines.
You agree that all purchases made by You on the Service cannot be exchanged and are non-refundable. Purchases may be subject to DESIMARTINI's service fees, which are also non-refundable. You will be responsible for paying all applicable taxes in connection with Your purchase of any products or Services.
User Conduct: You agree that You will not use the Service to upload, post, or otherwise distribute or facilitate distribution of any material that
is libelous, defamatory or slanderous;
is sexually suggestive or contains explicit sexual content (including nudity);
does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
does or may threaten, abuse, harass, or invade the privacy of any third party;
infringes the rights of any third party, including, without limitation, patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights;
condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;
impersonates any person or entity, including any employee or representative of DESIMARTINI; or
Grant of Limited License: If You post any content to the Service, You hereby grant DESIMARTINI and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that You own such content or otherwise have sufficient rights in the content to grant to DESIMARTINI the license set forth in this section without infringing or violating the rights of any third party.
Copyrights: DESIMARTINI respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, DESIMARTINI may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, DESIMARTINI does not ensure that any such content will be edited or removed. DESIMARTINI may terminate the password and account of users who infringe the intellectual property rights of others.
Proprietary Rights: DESIMARTINI owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited.
DISCLAIMER OF WARRANTIES: DESIMARTINI provides the Service on an "as is" and "as available" basis. DESIMARTINI, its affiliates, agents and licensors disclaim all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Without limiting the foregoing, DESIMARTINI does not warrant that the Service will
be free from inaccuracies, errors, viruses or other harmful components;
meet Your requirements; or
operate in the configuration or with the hardware or software You use. Your use of the Service is solely at Your risk
EXCLUSION OF DAMAGES: DESIMARTINI its holding company and its subsidiaries and licensors will not be liable to You or any third party for any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from Your use of or inability to use the Service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if DESIMARTINI has been advised of the possibility of such damage. Without limiting the foregoing, DESIMARTINI will not be liable for any loss or damage arising out of
Your failure to comply with section
(registration, accounts and passwords) or (2) content posted to the Service by You or any third party.
THIRD-PARTY WEB SITES: The third-party web sites linked to or from the Service are not controlled by DESIMARTINI. Accordingly, DESIMARTINI makes no warranties or conditions regarding such third-party web sites and will not be liable for any loss or damage caused by Your use of or reliance on such web sites. Your use of third-party web sites is at Your own risk. The inclusion on the Service of a link to a third-party web site does not imply an endorsement by DESIMARTINI.
Termination: In its sole and absolute discretion, with or without notice to You, DESIMARTINI may
suspend or terminate Your use of the Service, or
You may terminate Your account for any reason by contacting DESIMARTINI through the feedback form. DESIMARTINI shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of the Services
These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without DESIMARTINI's prior written consent