1. DEFINITIONS
1.1 'ChromeBug.com Service' means all of the services that ChromeBug.com offers on the ChromeBug.com Web Site, including, without limitation, the 'Printing Service' and the 'Subscription Service,' and all technology, processes and materials used to provide such services.
1.2 'ChromeBug.com Web Site'or the 'Web Site' means the web site located at the domain names 'ChromeBug.com' and at such other domain names used to identify web sites on which ChromeBug.com may offer the ChromeBug Service.
1.3 'Registered User'means any person or entity who opens and maintains an account with ChromeBug.com.
1.4 'Subscription Service'means ChromeBug.com's fee-based subscription service that contains additional premium features for Members.
1.5 'Member' means any person or entity who uses the Subscription Service
1.6 'Product' means any product designed, manufactured, marketed or sold using the ChromeBug.com Service.
2. GENERAL RULES
2.1 You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the ChromeBug.com Service, whether you just browse the ChromeBug.com Web Site, use its freely-available services, use the Registered User service, purchase products, or participate in Subscription Services.
2.2 ChromeBug.com will only provide the ChromeBug.com Service to persons and entities who can form legally binding and enforceable contracts under applicable law. Without limiting the foregoing, the ChromeBug.com Service is not available to children under the age of 18, or to temporarily or indefinitely suspended Registered Users. If you are a child under the age of 18, you can use this Web Site only in conjunction with your parents or guardians becoming a Registered User and monitoring your use of the Web Site. If you are a child under the age of 18 years and intend to make your parents or guardians a Registered User for your use of the Web Site, please contact us at info@chromebug.com before completing the registration process.
2.3 ChromeBug.com may modify, suspend/cancel or discontinue the ChromeBug.com Service at any time with or without notice to you.
2.4 If ChromeBug.com determines, in its sole and absolute discretion, that you might breach a term or condition of this Agreement by designing, manufacturing, marketing or selling a product that infringes the rights of others or otherwise does not meet the standards of ChromeBug.com, ChromeBug.com may cancel any order for such product without any liability to you or any third party.
3. OPENING AN ACCOUNT
3.1 To become a Registered User, you must open an account with ChromeBug.com through its online registration process. Only Registered Users have the right to purchase products, become Members, and use certain portions of the ChromeBug.com Service. ChromeBug.com reserves the right in its sole discretion to deny membership to, or terminate membership of any party it believes to be providing false or misleading information to ChromeBug.com, or for any other reason.
3.2 The accounts of Registered Users that are inactive for three (3) months or more shall be removed/ suspended from the Web Site, without notice, at the sole discretion of ChromeBug.com. You must use your account regularly, such as, by logging into the ChromeBug.com Services on the Web Site in order to keep your registration active. If ChromeBug.com deactivates a Login ID, ChromeBug.com has the right to reassign that Screen Name to another user.
3.3 When registering as a Registered User, you must choose a unique user name ('Login ID') and password. Each registration is for a single individual user only.
You are solely responsible for the following:
i) To provide true, accurate, current and complete data about yourself on the Web Site's registration form ('Registration Data').
ii) To promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, ChromeBug.com will have the right to suspend or terminate your use of ChromeBug.com Service and/or terminate your account. You will receive a password and Login ID upon completing the registration form.
iii)To protect your Login ID and Password with the same degree of care that a reasonable person uses to protect his or her other confidential information. You may not disclose your Password to any third party or share your Password with any third party without the prior written consent of ChromeBug.com. You may not use your Login ID or Password for any unauthorized purpose. If there is a breach of confidentiality of your Login ID or Password, or any breach of security through your account, you shall promptly notify ChromeBug.com of such breach and provide ChromeBug.com a full and complete description of the circumstances related to such breach.
iv) To not have a Login ID that is vulgar, attempts to impersonate another person or violates the law or the rights of others. ChromeBug.com may reject any Login ID that ChromeBug.com determines in its sole discretion is unacceptable.
v) To ensure that You exit from Your account each time You finish using ChromeBug.com Service.
You shall be solely responsible for all activities under your Login ID account, including the use of
Your account by others. You agree that ChromeBug.com and other users of the Web Site may, and are
entitled to, rely upon and solely attribute to You any action (including any message or posting on the Web Site)
that is undertaken using Your Login ID or Password or using Your computer systems or facilities. Therefore,
You are solely liable for any loss or damages, in whatever form, arising from the misuse of Your Login ID or
Password or Your computer systems or facilities by any person or entity, whether or not such misuse is due to Your fault or negligence. You agree that the provision set forth above (including without limitation the attribution to You of actions taken using Your Login ID or Password, computer systems or facilities) is commercially reasonable.
You acknowledge and agree that access and use of password protected and/or secure areas of ChromeBug.com Service are restricted to a Registered User who have been given a valid password by ChromeBug.com. You agree not to access these areas of the ChromeBug.com Service without appropriate authorization and acknowledge that in the event You attempt to access/use such restricted areas of the ChromeBug.com Services, You may be subject to prosecution.
3.4 ChromeBug.com will be entitled to disclose Registered User Information to governmental or regulatory officials in the event of an emergency or pursuant to a valid request from such officials. Any Registered User that provides or uses false or inaccurate Registered User Information to conduct transactions using the Web Site may be subject to prosecution as prescribed by central and/or state law
3.5 You acknowledge and agree that ChromeBug.com's collection and use of Registered User Information, and ChromeBug.com's operation of the Web Site and the services provided thereby in accordance with this Agreement in no way constitutes an actionable breach of any privacy or other right, whether in equity, law, contract or otherwise, and You hereby waive any and all such claims or rights of action whether foreseen or unforeseen
3.6 Subject to the provisions of Copyright Act 1957, Information Technology Act, 2001, Indian Penal Code 1860, and other related Acts as amended from time to time ChromeBug.com will terminate the membership of any Registered User who uses the Web Site to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.
4. YOUR CONDUCT
4.1 Generally, you must use the ChromeBug.com Service in a manner that demonstrates good taste and respect for the rights of ChromeBug.com and third parties. You may use the ChromeBug.com Services for lawful purposes only.
You may not use the Web Site in any manner that could damage, disable, overburden, or impair our servers or networks. 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. ChromeBug.Com may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
4.2 You will not use the ChromeBug.com Service to post content or to design, manufacture, market or sell a product or you may not submit or transmit through the Web Site any material, or otherwise engage in any conduct that
(i) violates or infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity or other proprietary rights;
(ii) is libelous, defamatory or slanderous;
(iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs;
(iv) contains explicitly sexual content;
(v) 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, is lascivious or appeals to prurient interest;
(vi) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise;
(vii) is designed to or does harass, threaten, defame or abuse others;
(viii) exploits images or the likeness of minors attempts to exploit a minor (under the age of 18);
(ix) encourages the use of drugs or the under-age use of alcohol or cigarettes or (ix) is generally offensive or in bad taste;
(x) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(xi) impersonates any person, business or entity, including us and our employees and agents;
(xii) 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;
(xiii) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(xiv) violates this Agreement, guidelines or any policy posted on the Web Site, or
(xv) interferes with the use of the Web Site by others.
4.3 You will not (i) use 'spam,' 'blast-faxes' or recorded telephone messages to market or sell Products, (ii) interfere with the ChromeBug.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the ChromeBug.com Service, (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the ChromeBug.com Web Site, (v) collect electronic mail addresses or other information from third parties by using the ChromeBug.com Service, (vi) impersonate another person or entity, (viii) engage in any activity that interferes with any third party's ability to use or enjoy the ChromeBug.com Service or (ix) assist any third party in engaging in any activity prohibited by this Agreement
4.4 You are solely and exclusively responsible for ensuring that all content You provide through use of the ChromeBug.com Service is in compliance with the terms and conditions of this Agreement and all applicable laws, regulations and rules
4.5 ChromeBug.com in its sole discretion, without notice, may remove any content at any time posted by a Registered User to the Web Site regardless of the guidelines set forth in this Agreement. ChromeBug.com does not control the content (including Content) posted on the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Web Site, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will ChromeBug.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Web Site.
4.6 Subject to the terms set forth in this Agreement, ChromeBug.com hereby grants You a limited, nontransferable, nonexclusive right to access the Web Site and the ChromeBug.com Services provided thereby.
ChromeBug.com makes no covenant, representation or warranty that the Web Site will be operational at all times or that it will continue to offer the Web Site or any or all of the elements of the Web Site. You may not use the information of ChromeBug.com or any other Registered User in any manner that would enable a third party to obtain the benefits of the Web Site and the information and services offered thereby without first becoming a Registered User and using the Web Site to access such information and services. You agree that any information that You obtain through the Web Site is confidential and proprietary information of ChromeBug.com and its other users. Except as expressly set forth herein, you may not reproduce or distribute any information available from the Web Site, electronically or otherwise. You shall not store or aggregate such information in any manner.
5.1 Privacy Policy
ChromeBug.com seeks to maintain the privacy of the information that You and other users of ChromeBug.com's Website provide to ChromeBug.com. ChromeBug.com's use of the Member Information shall be governed at all times by ChromeBug.com's then-current Privacy Policy (http://www.ChromeBug.com/privacy-policy.php). ChromeBug.com shall be entitled to amend the Privacy Policy at any time in accordance with the provision for amendment of this Agreement set forth at the beginning of this Agreement. You consent to the transfer of this information to and within the territory of India or other countries for processing and storage by us. Additionally, you agree that ChromeBug.com may use your Login ID to authenticate you on the ChromeBug.com Services.
5.2 No Violation of Applicable Law
You agree that you will comply at all times with all applicable Laws. You acknowledge that you are solely responsible for ensuring that the manner in which you transmit and receive information and use the Web Site complies with all Laws. You may not post on the Web Site or sell through the Web Site any goods or services where such posting or sale violates any applicable Law or could cause ChromeBug.com or any of its Affiliates to violate any applicable Law.
5.3 International Members
International Members in some countries may not use the Web Site or access its content. ChromeBug.com believes in good faith that international users are registering themselves on ChromeBug.com Web Site as members only after ensuring that their membership violates no laws or regulations in their respective country and jurisdiction.
If you are an international user, you warrant that you are violating no law or regulation by your use of the Web Site, and you shall indemnify ChromeBug.com for any and all liability that might arise from your use of the Web Site. Physical prizes are valid to Indian members only. If any international member wins in the top 3 prizes he will not receive any physical prize but his participation will be acknowledged via electronic mail only.
5.4 Currency
Unless otherwise expressly stated, all amounts mentioned in this Agreement shall be in Indian Rupees.
5.5 Taxes
You are solely responsible for paying all applicable taxes and other costs incurred by you in connection with this Agreement, including without limitation taxes and costs related to the license of Content.
5.6 Access Costs
You are responsible for all costs in obtaining the equipment and internet connections that you will need to access the ChromeBug.com Web Site. You are responsible for checking with your internet access provider (including your telecom operator if you access our Site using wireless applications) to determine all costs that you may incur in accessing the internet and ChromeBug.com Services.
5.7 Links
ChromeBug.com may, in its sole discretion, and without your consent or payment to you, place links on the Web Site to other websites on the Internet that are owned or operated by third parties. You acknowledge and agree that ChromeBug.com is not responsible for the operation of or content located on any such website, and ChromeBug.com cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By linking to these third-party websites, you acknowledge and agree that you may not make any claim against ChromeBug.com for any damages or losses of any kind arising from the third-party website and/or the link.
You are expressly prohibited from framing or linking or otherwise using or displaying the Web Site in such a manner so that it appears to be part of Your own or someone else's website. You shall not deep link to any image on the Web Site.
5.8 Manipulation
Registered Users may not: (a) use any device, software or routine in any attempt to interfere or disrupt the Web Site; or (b) take any action that imposes any unreasonable or disproportionately large load on the Web Site or ChromeBug.com's infrastructure. ChromeBug.com reserves the right in its sole discretion to actively pursue any Registered User which ChromeBug.com believes to be engaging in such activities and terminate that Registered User's membership.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE CHROMEBUG.COM SERVICE
Certain areas of ChromeBug.com Services may allow You to submit or post material, such as photos, images, texts ('Content') that can be accessed and viewed by others, including the internet audience in general. You may not submit Content on or through the Web Site that You do not have a right to make available under any law or under contractual or fiduciary relationships. You may not submit Content that violates this Agreement. ChromeBug.com does not claim ownership of any Content that You may post. However, by submitting Content to on the ChromeBug.com Services, You grant ChromeBug.com, Our agents and distributors a royalty free, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, publicly perform, display, create derivative works from, distribute, perform and display such Content worldwide in any medium.
'Publicly accessible' areas of the ChromeBug.com Service are those areas of the Web Site that are intended to be available to the general public. By way of example, publicly accessible areas of the ChromeBug.com Service would include 'ChromeBug.com Photos' etc., that are open to both Members and visitors. However, publicly accessible areas of the ChromeBug.com Service would not include portions of the Web Site that are limited to Members, or areas off ChromeBug.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by ChromeBug.com.
ChromeBug.com neither endorses nor is it responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on ChromeBug.com Service by third parties, whether such third parties are users of the ChromeBug.com Service or others. The opinions expressed reflect solely the opinions of the participants and may not reflect ChromeBug.com opinions. ChromeBug.com is not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will ChromeBug.com be liable for any loss or damage caused by Your reliance on such information obtained through the ChromeBug.com Service. ChromeBug.com may, but have no obligation to, monitor any materials displayed, transmitted or otherwise made available on or through ChromeBug.com Services.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 ChromeBug.com will solely and exclusively own all intellectual property and other rights, title and interest in and to the ChromeBug.com Service, and ChromeBug.com will have the sole and exclusive right to obtain trademark and copyright registrations, patents and other protection therefore. You will not acquire any right, title or interest in any rights of ChromeBug.com under this Agreement or otherwise.
7.2 You hereby grant ChromeBug.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any rights You have in the Member Information and Content, and otherwise to make use of the Member Information and Content (including publishing, disseminating, broadcasting, manipulating, reproducing, editing, translating, performing, modifying, or displaying any part of the Member Information) and/or Content alone or as part of other work in any form, Content, or technology whether now new known or hereafter developed, to enable ChromeBug.com to continue the specific operation or marketing of the site. This includes, but is not limited to email 'newsletters.'
8. PROPRIETARY RIGHTS
You acknowledge and agree that ChromeBug.com Service and any necessary software used in connection with the ChromeBug.com Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through ChromeBug.com Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by ChromeBug.com or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on ChromeBug.com Service or such software used by ChromeBug.com, in whole or in part.
ChromeBug.com grants You a personal, non-transferable and non-exclusive right and license to use the object code of Our software on a single computer; provided that You do not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our software. You agree not to modify ChromeBug.com software in any manner or form, or to use modified versions of Our software, including (without limitation) for the purpose of obtaining unauthorized access to ChromeBug.com Service. You agree not to access ChromeBug.com Service by any means other than through the interface that is provided by ChromeBug.com for use in accessing ChromeBug.com Service.
We own all right, title and interest in and to ChromeBug.com Service and all materials and Content contained in ChromeBug.com 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 ChromeBug.com Service is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other ChromeBug.com Service solely for personal use. Any other use of materials on the Site or other ChromeBug.com Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Our authorized officer, is strictly prohibited. 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 therein without prior written permission of Our authorized officer.
9. REPRESENTATIONS AND WARRANTIES
9.1 Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement is a legal, valid and binding obligation of the party executing this Agreement, enforceable in accordance with its terms and conditions.
9.2 You represent and warrant to ChromeBug.com that any content You submit to ChromeBug.com and any Product that You design, manufacture, market or sell using the ChromeBug.com Service will not infringe the copyright, trademark, patent, trade secret, rights of privacy and publicity or other legal right of any third party.
10.1 Disclaimer of Warranty
You acknowledge that your use of the website and the services provided thereby, is entirely at your own risk. ChromeBub.com disclaims all warranties, express or implied, including without limitation the warranties of title, merchantability, fitness for a particular purpose or noninfringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Without limiting the foregoing, you acknowledge and agree that (A) ChromeBug.com does not warrant that the website and service provided by ChromeBug.com shall be error-free or operate without interruption, and the website and the ChromeBug.com services are provided 'AS IS' and without warranty of any kind; (B) ChromeBug.com does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of third parties whose actions or inactions may produce situation in which connections to the internet (or portions thereof) are impaired or disrupted and for which ChromeBug.com is not liable; (C) ChromeBug.com does not provide any warranty with respect to the content licensed via the website; and (D) Chromebug.com does not warrant that the information provided via the website, whether concerning the goods or service or the member information or any other subject, is complete or accurate.
No oral or written information or advice given by the ChromeBug.com representative shall create a warranty. ChromeBug.com makes no representation that any material on the ChromeBug.com Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such material from some jurisdictions. Those who choose to access the ChromeBug.com Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
10.2 No Consequential Damages
In no event shall chromebug.com or any of its affiliates be liable to you for any special, consequential, incidental, indirect, punitive or exemplary damages, or lost profits or for the cost of procurement of substitute goods or services, however caused, including through the use of the website or the provision of services thereby, whether for the breach of warranty, contract, tort, negligence, strict liability or otherwise, even if party has been advised of the possibility of such damages.
10.3 Limitation of Liability
Notwithstanding anything to the contrary herein, chromebug.com's aggregate liability to you arising out of or related in any way to this agreement shall not exceed the aggregate amount paid by you to chromebug.com under this agreement during the six-month period immediately preceding the date upon which the event giving rise to the claim against chromebug.com arose.
11. INDEMNIFICATION
You agree to indemnify ChromeBug.com and its Affiliates for and from any loss or damages, including reasonable attorneys' fees, arising from or relating to out of: (a) your use of the ChromeBug.com Service or any Content posted or uploaded by you, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by you of the terms of this Agreement; (c) the misuse or misappropriation of Registered User Information supplied to you; and (d) the Content offered to be licensed from you, whether arising from the information concerning the Content provided by you for posting on the Web Site, the license of such Content, the delivery of the Content, or otherwise.
In particular, and without limiting the foregoing, because ChromeBug.com does not and cannot control the actions of its Registered Users, in the event that you have a dispute with one or more Registered Users, you hereby agree to indemnify and release ChromeBug.com and its Affiliates from any and all claims, demands, liabilities, losses and damages (both actual and consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, and disclosed or undisclosed, arising out of or in any way connected with such dispute.
12. SUPPORT SERVICES
We are under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the software for using Our Site.
13. ADDITIONAL TERMS.
The following agreements, rules and policies contain additional terms and conditions that govern your use of the ChromeBug.com Service. ChromeBug.com reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the ChromeBug.com Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.
ChromeBug.com may collect and share your information as provided for in its Privacy Policy.
If you participate in ChromeBug.com's contests/ Quiz etc., you will do so in accordance with its Challenge Rules.
14. TERMINATION
14.1 At any time and with or without cause, ChromeBug.com may terminate this Agreement or any or all of rights and privileges granted to You or any of the other Registered Users hereunder, and ChromeBug.com may also suspend Your use of the Web Site or refuse to provide you access to the Web Site or the services provided thereby. You may terminate this Agreement at any time upon written notice to ChromeBug.com. In no event shall any termination, suspension or refusal to provide access by either ChromeBug.com or You, act to relieve You of any obligations which have accrued under this Agreement prior to the date of such termination, suspension or refusal.
14.2 If You or ChromeBug.com terminate Your account, or if ChromeBug.com takes any action pursuant to Section 16.1, ChromeBug.com may delete any web sites, web pages, files, graphics or other content or materials relating to Your use of the ChromeBug.com Service on ChromeBug.com's servers or otherwise in its possession and ChromeBug.com will have no liability to You or any third party for doing so. If you or ChromeBug.com terminate Your account You must immediately remove all links to the ChromeBug.com Web Site from any web sites You operate and cease representing yourself as a Registered User and/or Member.
15.1 Equitable Remedies.
Both parties acknowledge and agree that money damages and other remedies at law may not provide an adequate remedy in the event of a breach of this Agreement. Therefore, in addition to any other remedies that may be available, the nonbreaching party shall be entitled to seek injunctive relief or specific performance or other equitable remedies without the necessity of posting bond.
15.2 Cumulative Remedies
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
15.3 Force Majeure
Neither party shall be deemed in default of this Agreement to the extent that performance of their obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other causes beyond the control of such party, provided that such party gives the other written notice thereof promptly and, in any event, within fifteen (15) days of discovery thereof and uses its best efforts to cure the delay ('Force Majeure'). In the event of such Force Majeure, the time of performance or cure shall be extended for a period equal to the duration of the Force Majeure but in no event shall exceed three (3) months .
15.4 Assignment Successors and Assign
This Agreement and the rights granted by ChromeBug.com to you hereunder may not be assigned or transferred by You without the prior written consent of ChromeBug.com. ChromeBug.com may assign this Agreement without obtaining Your consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective legal representatives, successors and permitted assigns.
15.5 Severability
The invalidity or unenforceability of any provision or portion thereof in any jurisdiction shall not affect the validity, legality or enforceability of the remaining provisions and remainder of such provision in such jurisdiction or the validity, legality or enforceability hereof, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by law.
15.6 Headings
The section headings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7 No Custom
It is expressly understood and agreed that, there being no expectation of the contrary between the parties, no usage of trade or custom and practice within the industry, and no regular practice or method of dealing between the parties, will be used to modify, interpret, supplement or alter in any manner the express terms of this Agreement.
15.8 Waiver
No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
15.9 Relationship to Parties
Nothing in this Agreement shall be deemed to create a partnership, joint venture, franchise, representative, agency or employment relationship between the parties. Neither party to this Agreement shall have authority, express or implied, to act for or bind or otherwise obligate the other in any manner whatsoever. Persons retained by a party as employees or agents shall not be deemed to be employees or agents of the other party.
15.10 Choice of Law:Jurisdiction and Venue
This Agreement shall be governed and interpreted in accordance with the substantive law of the Indian Government without regard to its conflict of law provisions. The parties irrevocably submit themselves to the non-exclusive jurisdiction of the courts located in Bangalore, for the purpose of bringing any action that may be brought in connection with this Agreement. The parties agree that they shall not assert any claim that they are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. To the maximum extent permitted by law, the notice provision of this Agreement shall apply to service of process with respect to any action brought under this Agreement. Any dispute may be settled by arbitration, under the rules of the Indian Arbitration Association, in accordance with the Arbitration and Conciliation Act, 1996. The Venue for Arbitration shall be Bangalore.
15.11 Entire Agreement; Amendment
This Agreement and the Exhibits and other documents incorporated by reference herein, constitute the entire understanding and agreement, and supersede any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of this Agreement. With respect to transactions already entered into on the Web Site, this Agreement shall not be altered, amended or supplemented without the prior written consent of the parties. You hereby agree to permit ChromeBug.com to amend this Agreement in its sole discretion with respect to your use of the Web Site and transactions entered into on the Web Site from and after the date of such amendment.
