These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Services”). The terms “we”, “us”, “Raves” and “BitByteChomp LLP” refer to Raves and its associated businesses, which are all products of BitByteChomp LLP. By accessing or using the Services, you are agreeing to these Terms, which form a legally binding contract with BitByteChomp LLP and all its associated businesses.
We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on getonRaves.com website as well as appraising you through e-mail. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. This Agreement applies to all visitors, users, and others who access the Service ("Users").
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Raves, and any inconsistencies among the different versions will be resolved in favor of the English version.
USING THE SERVICES
A. Eligibility. This Service is intended solely for Users who are fourteen (14) years of age or older, and any registration, use or access to the Service by anyone under 14 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 14 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You may not use these services if Raves has previously banned you from doing so.
B. Permission to Use the Services. We grant you permission to use the Services subject to these Terms. Your use of the Services is at your own risk, including the risk that you might be exposed to Content that you may consider offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate. Raves will moderate and monitor all content on all its platforms on a regular basis; but will not be liable to any content that you might be exposed to that you consider to be offensive.
C. Services Availability. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. Accounts. You must create an Account, termed below as your User Account, and provide certain information about yourself in order to use some of the features that are offered through the Services. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason. Your User Account is for your personal, non-commercial use only, and you may not create or use a User Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Services. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your User Account to another person without Raves’s prior approval.
E. Communications from Raves and Others. By accessing or using the Services, you consent to receive communications from other users and Raves through the Services, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Raves or businesses listed on Raves, and may be initiated by Raves, businesses listed on Raves, or other users. Please note that any communications, including phone calls, with Raves or made through the Services may be monitored and recorded for quality purposes.
CONTENT
A. Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Raves, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Raves. Some areas of the Service may allow Users to upload, publish, display, link to or otherwise make available (hereinafter, "post") reviews, comments, questions, highlights, digital images, videos and other information including Users’ names, voices and likenesses ("User Content"). You are solely responsible for your User Content. You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You hereby represent that you are the owner of all the copyright rights with respect to, or that you have the legal right to post, your User Content, and that you have the power to grant the license granted below. Raves reserves the right to monitor, reject and/or remove any User Content at any time. For example, Raves may, but is not obligated to, reject and/or remove any User Content that Raves believes, in its sole discretion, violates these provisions.
B. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Services and any Other Media the right to access Your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Raves and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
C. Ownership. As between you and Raves, you own Your Content. We own the Raves Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Services Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Services excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, services marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Raves Content and the Services, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Raves Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Raves Content are retained by us.
D. Advertising. Raves and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Liability. Raves takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. Raves is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Raves shall not be liable for any damages you allege to incur as a result of such User Content. Raves may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
F. Other. User Content (including any that may have been created by users employed or contracted by Raves) does not necessarily reflect the opinion of Raves. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. We will not share your content with third-parties without your permission; but reserve the right to share any and all information with governmental agencies and authorities if required by law.
BOOKING AND TRANSACTING
A. Coupons. Any coupons that Raves might issue for use in connection with the Services are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
INDEMNITY
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion. You agree to defend, indemnify and hold harmless Raves and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the Republic of India or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
COPYRIGHT POLICY
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please send us the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner
- A description of the copyrighted work that you claim has been infringed upon
- A description of the material that is claimed to be infringing and where it is located on the Service
- Your address, telephone number, and e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
FEEDBACK
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Raves and its users any claims and assertions of any moral rights contained in such Feedback.
THIRD PARTY ACTIVITY AND SERVICES
The Services may host Third Party Content, or include links to other websites or applications (each, a “Third Party Services”). Raves has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from Raves, you do so at your own risk, and you understand that this Agreement and Raves’s Privacy Policy do not apply to your use of such sites. You expressly relieve Raves from any and all liability arising from your use of any third-party website or services or third party owned content. Raves is also not liable for any User Content towards third-parties and bears no responsibility for any opinions expressed within.
Additionally, your dealings with or participation in promotions of advertisers found on Raves, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Raves shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers
Some of the services made available through the Services and Third Party Services may be subject to additional third party terms of services, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third-party terms.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE Raves ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Raves MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Raves DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Raves DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, Raves’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Raves ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Raves WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS
ARBITRATION, DISPUTES, AND CHOICE OF LAW
These Terms of Use and all transactions entered into on or through Raves and the relationship between You and Raves shall be governed in accordance with the laws of the Republic of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto Raves, these Terms of Use, the Agreement(s) or the relationship between You and Raves shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
TERMINATION
A. You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Services, and providing Raves with a notice of termination.
B. We may close your Account, suspend your ability to use certain portions of the Services, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Services, Your Content, Services Content, or any other related information.
GENERAL TERMS
A. The Terms contain the entire agreement between you and Raves regarding the use of the Services and supersede any prior agreement between you and Raves on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
B. Any failure on Raves’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Raves.
C. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
D. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Raves’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
E. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and BitByteChomp LLP as a result of these Terms or your use of the Services.
