TrulyJolly.com may modify this Agreement from time to time and such modification shall be effective upon posting by TrulyJolly.com on the TrulyJolly site. You agree to be bound to any changes to this Agreement when you use the TrulyJolly Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
You must be at least 18 years of age or over to register as a member of TrulyJolly.com or use this Site. Membership to the Site is void where prohibited. Your use of this Site represents and warrants that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. This site is not meant to encourage and/or promote illicit sexual relations and / or extra marital affairs. If TrulyJolly.com discovers or becomes aware that any member is using this site to promote or engage or indulge in illicit sexual relations or extra marital affairs his/her membership will be terminated forthwith without any refund and without any liability to TrulyJolly.com. TrulyJolly.com's discretion to terminate shall be final and binding.
This Agreement will remain in full force and effect while you use the Site and/or are a Member of TrulyJolly.com. You may terminate your membership at any time, for any reason by informing TrulyJolly.com in writing to terminate your Membership. In the event you terminate your membership, you will not be entitled to a refund of any unutilized subscription fees. TrulyJolly.com may terminate your access to the Site and/or your membership for any reason which shall be effective upon sending notice of termination to you at the email address you provide in your application for membership or such other email address as you may later provide to TrulyJolly.com. If TrulyJolly.com terminates your membership because of your breaching the Agreement, you will not be entitled to any refund of any unused Subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 4,5,7,9 -12, inclusive, of this Agreement.
- Non-Commercial Use by Members.
The TrulyJolly.com Site is for the personal use of individual members only, and will not be used by you in connection with any commercial endeavors or activities. Your membership to TrulyJolly.com is personal to you alone and you will not transfer this membership to any other person or allow any other person to use or avail the benefits of your membership. This prohibition includes providing links to other websites, whether deemed competitive to TrulyJolly.com or otherwise. Organizations, companies, and/or businesses cannot become Members of TrulyJolly.com and should not use the TrulyJolly.com Service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress in terms of applicable law.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other TrulyJolly.com Members. It is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect TrulyJolly.com and/or our Members from any abuse/misuse, TrulyJolly.com reserves the right to restrict the number of communications/profile contacts & responses/emails which a Member may send to other Member(s) in any 24-hour period to a number which TrulyJolly.com deems appropriate in its sole discretion. You will not send any messages using the Service that are obscene, lewd, licentious, and defamatory, promote hatred and/or are racial or abusive in any manner or messages that are likely to cause harm. Transmission of any such messages shall constitute a breach of this Agreement and TrulyJolly.com shall be entitled to terminate your membership forthwith. TrulyJolly.com reserves the right to screen messages that you may send to other Member(s) and also regulate the number of your chat sessions in its sole discretion.
- You may not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with TrulyJolly.com and/or its Members.
- You shall not use the TrulyJolly.com site to transact any personal business. TrulyJolly.com shall not be liable or responsible for any losses, damages, costs, charges or expenses that you may incur or suffer as a result of your interaction with other members of TrulyJolly.com. TrulyJolly.com does not guarantee or give any kind of assurance about its members.
- Content Posted on the Site.
- TrulyJolly.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the TrulyJolly.com Site and the TrulyJolly.com Service. The Site contains the copyrighted material, trademarks, and other proprietary information of TrulyJolly.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by TrulyJolly.com, you will not copy, modify, publish, transmit, distribute, perform, display, reverse engineer, decompile, or sell any such proprietary information. All lawful, legal and non-objectionable messages, content and/or other information, content or material that you post on the forum boards shall constitute a license to TrulyJolly.com to use such content, information, material in a manner that Fopper.com may chose in its sole discretion.. TrulyJolly.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content.
- You understand and hereby agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you and not TrulyJolly.com are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TrulyJolly.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TrulyJolly.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service. You understand and agree that TrulyJolly.com may delete any Content that in the sole judgment of TrulyJolly.com violates any applicable law or this Agreement or which might be offensive, illegal, defamatory, obscene, libelous, or that might violate the rights, harm, or threaten the safety of other TrulyJolly.com Members.
- You are solely responsible and liable for the Content that you publish or display (hereinafter, "post") on the Site through the TrulyJolly.com Service, or transmit to other TrulyJolly.com Members. TrulyJolly.com reserves the right to verify the authenticity of Content posted on the Site. In exercising this right, TrulyJolly.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, or if such evidence does not in the reasonable opinion of TrulyJolly.com establish or justify the claim, TrulyJolly.com may, in its sole discretion, remove the Content from the Site and terminate your Membership without a refund of your subscription fees.
- You acknowledge that TrulyJolly.com may or may not pre-screen Content, but that TrulyJolly.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, TrulyJolly.com and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TrulyJolly.com or submitted to TrulyJolly.com, including without limitation information in TrulyJolly.com Zones, Blogs, and Photo Sharing and in all other parts of the Service.
- By posting Content to any public area of TrulyJolly.com, you automatically grant, and you represent and warrant that you have the right to grant, to TrulyJolly.com, and other TrulyJolly.com Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing.
- With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific property (such as Zones, Blogs or Photo Sharing) of the Site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TrulyJolly.com removes such Content from the Service.
- With respect to Content that includes photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TrulyJolly.com removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- "Publicly accessible" areas of the Service are those areas of the TrulyJolly.com network of properties (such as Zones, Blogs and Photo Sharing) that are intended by TrulyJolly.com to be available to the general public.
- The following is an inclusive list of the kind of Content that is illegal or prohibited on the Site. TrulyJolly.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and the Site and terminating the Membership of such violators without a refund. It includes (but is not limited to) Content that:
- Is patently offensive to any community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- Promotes information that the person posting it is aware that it is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Displays pornographic or sexually explicit material of any kind;
- Provides material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under the age of 18 years;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users / Members; and
- Engages in commercial activities and/or sales without the prior written consent TrulyJolly.com such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Encourages, invites or solicits extra marital affairs.
- You must use the TrulyJolly.com Service in a manner consistent with any and all applicable local and state, and federal laws rules and regulations.
- You must not include in your Member profile, any telephone numbers, street addresses, last names, URL's, and email addresses that are either patently visible to the other Members or can be deciphered or deduced.
- You are not permitted to create multiple profiles. If TrulyJolly.com is aware that you have created multiple profiles, your membership is liable to be terminated forthwith without any refund of subscription fees.
- If at any time TrulyJolly is of the view in its sole discretion that your profile contains any information or material or Content which is objectionable, unlawful or illegal, TrulyJolly has the right in its sole discretion to forthwith terminate your membership without refund of your subscription fees and delete such objectionable, illegal or unlawful information, material or Content from your profile and disallow you to continue as a Member.
- Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the TrulyJolly.com Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. TrulyJolly.com's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the Kolkata address located under the Help/Contact section on the site.
- Member Disputes.
You are solely responsible for your interactions with other TrulyJolly.com Members. TrulyJolly.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Use of the TrulyJolly.com Site and/or the TrulyJolly.com Service is governed by the TrulyJolly.com
TrulyJolly.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the TrulyJolly.com Service, whether caused by users visiting the Site, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the TrulyJolly.com Service whether online or offline. TrulyJolly.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or Member communications. TrulyJolly.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the TrulyJolly.com Site and/or in connection with the TrulyJolly.com Service. Under no circumstances will TrulyJolly.com be responsible for any loss or damage to any person resulting from anyone's use of the Site or the Service and/or any Content posted on the TrulyJolly.com Site or transmitted to TrulyJolly.com Members. The exchange of profile(s) through or by TrulyJolly.com should not in any way be construed as any offer and/or recommendation from/by TrulyJolly.com. TrulyJolly.com shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of TrulyJolly.com. The Site and the Service are provided "AS-IS AVALIABLE BASIS" and TrulyJolly.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TrulyJolly.com cannot guarantee and does not promise any specific results from use of the Site and/or the TrulyJolly.com Service.
TrulyJolly.com expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content posted on the Site by any Members or the users of the Site or any third party. TrulyJolly.com does not assume any responsibility or liability for any illegal Content posted on the Site by any Members, users or any third party. All liability, whether civil or criminal arising out of any Content that is Posted on the Site will be of that Member / user / third party who has Posted such Content and TrulyJolly.com reserves its right to claim damages from such Member/ user / third party that it may suffer as a result of such Content Posted on the Site. TrulyJolly.com does not claim ownership of Content you submit or make available for inclusion on the Service.
- Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will TrulyJolly.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the TrulyJolly.com Service, even if TrulyJolly.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, TrulyJolly.com’s, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TrulyJolly.com, for the Service during the term of membership.
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Kolkata (West Bengal), India.
You agree to indemnify and hold TrulyJolly.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the Content you submit, post, transmit or otherwise make available through the Service your use of the Service your connection to the Service, your violation of this Agreement, or your violation of any rights of another or any violation of any applicable law or or any breach of your representations and warranties set forth above.
- By becoming a Member of the Site / TrulyJolly.com Service, you agree to receive certain specific emails from TrulyJolly.com.
- This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the TrulyJolly.com service, contains the entire agreement between you and TrulyJolly.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or anything which is in violation of this Agreement or any applicable law, you shall forthwith report such violation to TrulyJolly.com by writing to Customer Care. On receipt of such complaint, TrulyJolly.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee.
Please contact us with any questions regarding this Agreement.