Disclaimer
Your use of and browsing on the Sites are at your own risk. Except as otherwise provided above, everything on the Sites, including any products or services offered for sale, is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BluOne Ink makes no warranties or representations regarding the information or content contained on the Sites, and specifically disclaims any warranty as to the suitability, reliability, timeliness, or accuracy of the information or content contained on the Sites for any purpose. BluOne Ink does not warrant that the functionalities contained in the content will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes such content available are free of viruses or other harmful components. BluOne Ink does not warrant or make any representations regarding the use or the results of the use of the contents on the Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not BluOne Ink) assume the entire cost of all necessary servicing, repair, or correction. To the extent applicable law does not allow the exclusion of implied warranties, the above exclusion may not apply to you.
Under no circumstances shall BluOne Ink or any of its vendors be liable for any damages that result from the use of or inability to use the BluOne Ink Sites, including but not limited to reliance by a user on any information or content obtained from BluOne Ink’s Sites, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, unauthorized access to BluOne Ink’s records, programs, or services, or otherwise. User hereby acknowledges that this disclaimer and limitation of liability shall apply to all content, merchandise, and services available through the Sites.
In no event shall BluOne Ink or any affiliated BluOne Ink entity or individual, licensor, or vendor be liable for any indirect, consequential, special, incidental, or punitive damages arising out of your access to, or use of, the Sites or the content thereon, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even if BluOne Ink or a BluOne Ink authorized representative has been advised of the possibility of such damages. To the extent applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you. In no event shall BluOne Ink’s aggregate liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of the agreement and your use of the Sites and the content exceed the amount paid by you for any content purchased by you on the Sites or the amount paid by you, if any, for accessing the Sites.
Indemnification
You agree to defend, indemnify, and hold BluOne Ink, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Sites or the Internet, or the placement or transmission of any message or information on the Sites by you.
If you registered as a member of a Site, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
Force Majeure
Neither BluOne Ink nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
The Sites are created and controlled by BluOne Ink India. These disclaimers, terms, and conditions of use are governed by all the laws applicable within the territory of India. By using any of the Sites, you hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the Sites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. BluOne Ink’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
Disputes may be referred to Arbitration at the choice of BluOne Ink only, which shall then be governed as per the Arbitration and Conciliation Act, 1996.
Agreement
This Agreement is the entire agreement between the user and BluOne Ink and supersedes any prior understandings or agreements (written or oral).
User Information
BluOne Ink collects information on what pages are accessed or visited by consumers, as well as information volunteered by the consumer, such as survey information and/or site registrations. BluOne Ink uses this information for internal review, in order to improve the content of the Site and to notify consumers about updates to the Site. BluOne Ink guarantees that if you supply your postal address online, you will only be sent the information for which you provided your address. If you do not wish to receive email from BluOne Ink in the future, or if you wish to be removed from mailing lists, please let us know by sending an email to editors@bluone.ink.