Prohibited Uses of the Application

You may not use the Application for any of the following purposes:

Framing and Hidden Content

• Using frames, framing techniques, or framing technology to enclose any content included on the Application without our express written permission.
• Using any Application content, including User Content, in meta tags or other “hidden text” techniques or technologies without our express written permission.

Commercial and Competitive Activities

• Using the Application or any of its contents to advertise or solicit for any commercial, political, or religious purpose.
• Competing, directly or indirectly, with New India Bazar.
• Using the Application or its resources to solicit consumers or third parties to become users or partners of competing online or offline services.
• Aggregating current or previously offered deals for competitive purposes.

Unauthorized Collection of Information

• Collecting content from the Application, including content related to current or previously offered deals, and presenting it in a way that diverts traffic from the Application without permission.
• Collecting Personal Information, User Content, or consumer content without authorization.

Interference and Unauthorized Access

You may not:

• Tamper with or interfere with the proper functioning of the Application.
• Place excessive demand on services or infrastructure.
• Resell or repurpose access to the Application.
• Access, monitor, or copy content using robots, spiders, scrapers, or other automated means without permission.
• Violate robot exclusion headers or bypass access restrictions.
• Aggregate Application content with material from other sites without permission.
• Deep-link to any portion of the Application without permission.
• Hyperlink to the Application without initial and ongoing consent.
• Act illegally or maliciously against the business interests or reputation of New India Bazar.

Your Privacy

We take the privacy of your personal data seriously. Please review our Privacy Statement for important information regarding how we collect, use, and share personal data, as well as your choices. Our Privacy Statement is incorporated into these Terms of Use.

Copyright and Trademarks

The Application contains copyrighted material, trademarks, and other proprietary information, including:

• Text
• Software
• Photos
• Video
• Graphics
• Music
• Sound

The entire contents of the Application are protected by U.S. copyright, trademark, and intellectual property laws.

Ownership

New India Bazar owns:

• Copyrights in the selection, coordination, arrangement, and enhancement of Application content.
• Original content appearing on the Application.

Restrictions

You may not:

• Modify, distribute, publish, transmit, display, perform, transfer, sell, create derivative works from, or exploit Application content.
• Download, copy, redistribute, retransmit, publish, or commercially exploit content without express permission.

If copying is authorized, you must:

• Maintain all author attributions.
• Preserve trademark legends and copyright notices.

Downloading copyrighted material does not grant ownership rights.

Trademark Rights

New India Bazar owns registered and unregistered trademarks, including:

• "New India Bazar"
• The New India Bazar logo
• Related brand variations

You may not use New India Bazar’s name, logos, trademarks, or brands without express permission.

User Content

The Application may allow users to submit:

• Reviews
• Opinions
• Advice
• Ratings
• Discussions
• Comments
• Messages
• Survey responses
• Other communications and content

(collectively, “User Content”).

You may need a New India Bazar account to submit User Content.

User Representations and Warranties

By submitting User Content, you represent and warrant that:

• You created the content; or
• You have authority from the creator and possess all rights necessary to submit it.

You further represent that the User Content:

• Does not violate copyrights, trademarks, or intellectual property rights.
• Does not violate publicity or privacy rights.
• Is not unlawful, harmful, threatening, abusive, harassing, hateful, racist, pornographic, obscene, violent, misleading, defamatory, or otherwise objectionable.
• Does not contain viruses or malicious code.

New India Bazar’s Rights

New India Bazar may, but is not obligated to:

• Review, edit, post, or refuse to post User Content.
• Remove or monitor User Content.
• Disclose User Content as required by law.

New India Bazar assumes no liability for User Content and has no obligation to use any submitted content.

Public Nature of User Content

You understand and agree that User Content is public. Any person may read your User Content. Do not include Personal Information unless you wish it to be publicly disclosed. New India Bazar is not responsible for the use or disclosure of information you voluntarily provide.

Additionally:

• User Content reflects the views of the person submitting it.
• New India Bazar does not endorse User Content.
• New India Bazar disclaims liability arising from User Content or reliance upon it.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK.

New India Bazar and its affiliates do not warrant that:

• The Application will be uninterrupted, secure, virus-free, or error-free.

No warranty is made regarding:

• Results obtained through use of the Application.
• Accuracy, completeness, or reliability of content.

The Application and all content are provided on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by law, New India Bazar disclaims all express and implied warranties, including title, non-infringement, merchantability, suitability, and fitness for a particular purpose.

Limitation of Liability

IN NO EVENT SHALL NEW INDIA BAZAR OR ITS AFFILIATES BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages arising from:
  • Use of the Application
  • Products delivered through the Application
  • Inability to use the Application
  • Modification or removal of content
  • Other available programs
  • These Terms of Use

Liability Cap

Total aggregate liability shall not exceed $100.

Time Limitation

Any claim must be commenced within one (1) year after it accrues or it will be permanently barred.

Electronic Communications

By using the Application or emailing New India Bazar, you consent to receive electronic communications. Communications may be provided by email, or by posting notices on the Application. You agree that electronic communications satisfy legal requirements for written communications.

Indemnification / Release

You agree to defend, indemnify, and hold harmless New India Bazar and its affiliates from claims and expenses arising from:

• User Content submitted by you.
• Use of the Application in violation of these Terms.
• Fraud, intentional misconduct, or gross negligence.
• Violation of applicable laws or third-party rights.

Force Majeure

New India Bazar will not be liable for delays or failures caused by acts of God, weather events, war, terrorism, riots, civil disturbances, quarantines, embargoes, labor strikes, computer hardware, network, or software failures, or other causes beyond reasonable control.

Assignment

You may not assign these Terms without written permission from New India Bazar. New India Bazar may assign these Terms, in whole or in part, to any third party.

Entire Agreement

These Terms of Use, together with the Privacy Statement and incorporated terms, constitute the entire agreement between you and New India Bazar. They supersede all prior oral and written communications concerning the subject matter.

Choice of Law

Any dispute relating to these Terms or the Application shall be governed by the laws of the State of California, without regard to conflict-of-law principles.

Dispute Resolution

Claims must be brought within one (1) year. Disputes shall be resolved through arbitration in Santa Clara County, California. Arbitration shall be conducted under JAMS rules. The prevailing party may recover reasonable expenses and attorneys' fees. Either party may seek injunctive or equitable relief in court pending arbitration. Exclusive jurisdiction and venue lie in the U.S. Federal Courts located in the Northern District of California.

Class Action Waiver

All disputes must be brought individually, not as class actions, representative proceedings, or consolidated actions.

Additional Disclosures

• Failure to enforce any provision does not waive future enforcement rights.
• Section headings are for convenience only.
• If any provision is held invalid, the remaining provisions remain in effect.

Contact Information

New India Bazar
3160 Santa Rita Rd
Pleasanton, CA 94566

California Residents

Complaints may be directed to:

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
400 R Street
Sacramento, CA 95814
Phone: (800) 952-5210