We are BoxMySpace, registered under the company name DTC Technologies Private Ltd.
("BoxMySpace,", "we," or "us"). BoxMySpace provides its users with a simple and a secure way
for storage. This page explains the terms by which you may use our web site, and related
services in connection with BoxMySpace.com (collectively the "Site"), as well as our offline
storage services offering. By accessing or using the Site and/or using our storage services (as
described below), you signify that you have read, understood, and agree to be bound by this
user of our Site. This Agreement applies to all visitors, users, and others who access the Site or
use the Storage Services ("Users", "you", or "your").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU
UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY
INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION
THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In this Agreement:
"Good(s)", "Belonging(s)" means the items that you pack into storage boxes by BoxMySpace.
"Storage Box(es)" means the storage boxes BoxMySpace supplies to you for the packing and
storage of your Goods.
"Storage Service(s)" means the storage services provided by or on behalf of BoxMySpace as
described in Section 3 below.
Unless the context of this Agreement otherwise requires, the following rules of interpretation shall apply
to this Agreement:
i. references to one gender include all genders. The singular shall include the plural, and the plural
shall include the singular;
ii. the terms "hereof", "herein", "hereby", "hereto" and derivative or similar words refer to this entire
Agreement or specified Clauses of this Agreement, as the case may be;
iii. the words "include", "including," "are inclusive of" and similar expressions are not expressions of
limitation and shall be c onstrued as if followed by the words "without limitation";
iv. the words "determines", "determined" or "discretion" mean a determination made in the sole and
absolute discretion of the Person making the determination; the words "to the satisfaction of" or
to any Person's "satisfaction" mean a determination made in such Person's sole and absolute
v. references to any Person shall also include such Person's successors in interest and permitted
assigns or heirs, executors, administrators and successors, as the case may be, under any
agreement, instrument, contract or other document;
vi. references to a number of days shall mean such number of calendar days are specified. When any
number of days is prescribed in this Agreement, such number of days shall be calculated
exclusive of the first day and inclusive of the last day;
vii. time is of the essence in the performance of the any obligations hereunder;
viii. references to this Agreement or any other document shall, where appropriate, be construed as
references to this Agreement or such other document as amended, restated, varied, supplemented,
novated and/or replaced in any manner from time to time;
ix. the headings of particular provisions of this Agreement are inserted for convenience only and
shall not be construed as a part of this Agreement or serve as a limitation on or expansion of the
scope of interpretation of any term or provision of this Agreement;
x. references to "Rupees", "INR" and "Rs." are references to the lawful currency of India; and
xi. references to "writing" and "written" include any mode of reproducing words in a legible and
non-transitory form including electronic communications and facsimile.
2. Use of Our Site
You may use the Site only if you can form a contract with BoxMySpace, and only in compliance
with this Agreement and all applicable laws, rules and regulations. You must be at least 18 years
old to use the Site and Storage Services. By registering to use the Site and Storage Services, you
represent and warrant that you are 18 years of age or older. Any use or access to the Site or
Storage Services by anyone under 18 is strictly prohibited and in violation of this Agreement.
The Site and Storage Services not available to any users previously removed from the Site by
B. BoxMySpace Site
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive,
limited, non-transferable, revocable license to use the Site for your personal, noncommercial use
only and as permitted by the features of the Site. BoxMySpace reserves all rights not expressly
granted herein in the Site and the BoxMySpace Content (as defined below). BoxMySpace may
terminate this license at any time for any reason or no reason.
C. BoxMySpace Accounts
Your BoxMySpace account gives you access to the services and functionality that we may
establish and maintain from time to time and in our sole discretion. If you open an BoxMySpace
account on behalf of a company, organization, or other entity, then (a) "you" includes you and
that entity, and (b) you represent and warrant on each date that you use the Site that you are an
authorized representative of the entity with the authority to bind the entity to this Agreement, and
that you agree to this Agreement on the entity's behalf. By connecting to BoxMySpace with a
third-party service, you give us permission to access and use your information from that service
as permitted by that service, and to store your log-in credentials for that service.
You may never use another User's account without permission. When creating your account, you
must provide accurate and complete information. You are solely responsible for the activity that
occurs on your account, and you are responsible for and must keep your account (including its
password) secure. We encourage you to use "strong" passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with your account. You must
notify BoxMySpace immediately of any breach of security or unauthorized use of your account.
BoxMySpace will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and account settings by emailing us at
firstname.lastname@example.org. By providing BoxMySpace your email address, you consent to our
using the email address to send you Site- and Storage Service - related notices, including any
notices required by law, in lieu of communication by postal mail. We may also use your email
address to send you other messages, such as changes to features of the Site and Storage Services
and special offers. If you do not want to receive such email messages, you may opt out or change
your preferences by emailing us at email@example.com. Opting out may prevent you from
receiving email messages regarding updates, improvements, or offers.
D. Site Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or
disclosing any part of the Site in any medium, including without limitation by any automated or
non-automated "scraping"; (ii) using any automated system, including without limitation
"robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request
messages to the BoxMySpace servers than a human can reasonably produce in the same period of
time by using a conventional web browser; (iii) transmitting spam, chain letters, or other
unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security
or decipher any transmissions to or from the servers running the Site; (v) taking any action that
imposes, or may impose at our sole discretion an unreasonable or disproportionately large load
on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents
through the Site; (vii) collecting or harvesting any personally identifiable information, including
account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix)
impersonating another person or otherwise misrepresenting your affiliation with a person or
entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the
proper working of the Site; (xi) accessing any content on the Site through any technology or
means other than those provided or authorized by the Site; or (xii) bypassing the measures we
may use to prevent or restrict access to the Site, including without limitation features that prevent
or restrict use or copying of any content or enforce limitations on use of the Site or the content
You agree and understand that engaging in any of the activities listed above violate the laws of
India, particularly the Information Technology Act, 2000 and rules and regulations made
thereunder. Engaging in such activities may result in criminal or civil prosecution.
3. The Storage Service
Subject to the terms and conditions of this Agreement, including without limitation the payment
of all fees under this Agreement, BoxMySpace shall, upon request: (i) deliver one or more empty
Storage Boxes to the address you designate as the delivery address (the "Delivery Address"); (ii)
pick up the Storage Boxes that you have packed with your Goods from your Delivery Address;
(iii) transport the Storage Boxes packed with your Goods to a storage facility (chosen at our
discretion) for storage; and (iv) return the Storage Boxes packed with your Goods to the Delivery
Address. The foregoing storage services shall be referred to under this Agreement as "Storage
BoxMySpace will not deliver or return Storage Boxes to an address that is not in the vicinity that
BoxMySpace delivers to, unless we otherwise agree to do so in writing. Times given for delivery,
collection, and return are estimates and BoxMySpace shall not be liable for any delay in delivery,
collection, or return.
BoxMySpace may cancel or postpone any delivery, collection, or return of Storage Boxes in the
event that BoxMySpace believes, in its sole discretion, that it may endanger any BoxMySpace
employee, agent, contractor or other individual due to (including but not limited to) severe
weather conditions or by reason of BoxMySpace having limited access to the Delivery Address.
You acknowledge and agree that BoxMySpace will not be responsible for: (i) dismantling or
assembling any unit, system, or furniture (including flat pack); (ii) disconnecting, reconnecting,
dismantling or reassembling appliances, fixtures, fittings or equipment. BoxMySpace does not
warrant that the storage facility used by BoxMySpace is a suitable place or means of storage for
any particular goods, including without limitation, your Goods and that your Goods should not
be Prohibited Goods (as defined below).
B. Your Responsibilities
You will be solely responsible for: (i) obtaining and ensuring that BoxMySpace or its carrier has
such access to any parking as may be reasonably required to carry out the Storage Services; (ii)
being present, or ensuring that someone authorized by you is present, during the delivery,
collection, and return of the Storage Boxes; (iii) providing BoxMySpace with your contact details
and ensuring that such contact details are accurate and up-to-date; (iv) ensuring that the Goods
have been securely packed into Storage Boxes so as not to cause damage or injury or the
likelihood of damage or injury to your Goods, BoxMySpace's property, employees, agents,
contractors, business partners, other goods, or other individuals, whether by spreading of
dampness, infestation, leakage or the escape of fumes or substances or otherwise; (v) informing
BoxMySpace immediately upon delivery of any damage to the Goods or your property that
occurred during a delivery, collection or return service; and (vi) reimbursing BoxMySpace in full
an amount equal to all damages, liabilities, costs, claims and expenses that BoxMySpace may
incur as a result of your use of the Storage Service or any breach by you of this Agreement.
C. Storage Boxes
Storage Boxes will be supplied by BoxMySpace. As long as the Storage Boxes are stored with
BoxMySpace, the Storage Boxes are free of charge. However, if you fail to use the Storage
Services to store the Storage Box within 7 days of delivery to you, you agree to pay
BoxMySpace a fee of Rs. 100 per day and expenses incurred by BoxMySpace in connection with
the delivery of the Storage Box to you, as determined by BoxMySpace. BoxMySpace will only
pick up Storage Boxes supplied by BoxMySpace; you cannot use your own storage boxes or
other storage boxes that you did not acquire from BoxMySpace in connection with the Storage
Services. No Storage Boxes, when packed, shall exceed the maximum weight limit of 25kgs.
D. The Goods
You represent and warrant that you own the Goods or that you otherwise have the right and
authority to store and use the Goods in accordance with this Agreement.
The Goods must not include and you must not store any of the following in any Storage Boxes or
otherwise in connection with the Storage Services: antiques (whether or not breakable and
fragile), perishable goods, firearms, explosives, used tires, plants, birds, fish, other animals, or
any other living thing, arms or ammunition, any item which emits fumes, smells or odors, bullion
(e.g., gold-silver), jewelry, currency, ivory, precious metals or stones, any drugs, illegal
substances or goods, or goods or substances illegally obtained, combustible or flammable
materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning
solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other
materials of a dangerous or harmful nature, any other toxic, flammable or hazardous goods, or
any other items, the possession, usage, or storage of which may detrimentally affect anything
outside of your Storage Box or violate in any way the laws of the Republic of India or any other
applicable laws, rules, or regulations (collectively, "Prohibited Goods").
BoxMySpace or its contractors may at any time without notifying you open any Storage Boxes to
inspect the Goods if BoxMySpace: (i) believes, in its sole discretion, that the Storage Boxes may
contain any Prohibited Goods; (ii) is required to do so by the police, fire services, local
authorities or by court order; or (iii) considers it necessary, in its sole discretion, in an emergency
or to prevent injury or damage to persons or property.
BoxMySpace may refuse to store any Goods, or may return to you any Goods, at your cost, at
any time, if, in BoxMySpace's sole discretion, the storage, or continued storage, of the Goods
would represent a risk to the safety of any person, the security of the storage site, or any other
goods stored at the storage site.
By using the Storage Services or other paid services or products provided by BoxMySpace, you
agree to the our pricing and payment terms, as we may update them from time to time.
BoxMySpace may add new services for additional fees and charges, or amend fees and charges
for existing services, at any time in its sole discretion. Any change to our pricing or payment
terms shall become effective in the billing cycle following notice of such change to you as
provided in this Agreement.
All information that you provide in connection with a purchase or transaction or other monetary
transaction interaction with the Site or Storage Services must be accurate, complete, and current.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment
method used in connection with a purchase or transaction or other monetary transaction
interaction with BoxMySpace at the prices in effect when such charges are incurred. You will
pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary
transaction interactions. Any amounts not paid when due shall bear interest at the rate of 1.5%
per month or the maximum rate allowed by law, whichever is less.
You may cancel your BoxMySpace account at any time; however, there are no refunds for
cancellation. In the event that BoxMySpace suspends or terminates your account or this
Agreement for your breach of this Agreement, you understand and agree that you shall receive
no refund or exchange for any unused storage time, any license or subscription fees for any
portion of the Site or Storage Services, any content or data associated with your account, or for
F. BoxMySpace's limitation of liability
You acknowledge and agree that the BoxMySpace's aggregate liability for a default or breach of
this Agreement which entitle you to claim damages shall be limited to the fee paid by you to
BoxMySpace for Storage Box and any insurance coverage which BoxMySpace agrees to provice to which the default or breach relates.
You acknowledge and agree that BoxMySpace cannot be held liable for a breach which does not
relate to a Storage Box.
G. BoxMySpace's Right to Withhold or Dispose of Goods
BoxMySpace shall have the right to withhold and ultimately dispose of some or all of the Goods
in accordance with this clause if either: (i) you do not pay any applicable fees or any other
payments due under this Agreement or (ii) you abandon your Goods, which will occur in the
event your BoxMySpace subscription terminates or expires and you fail to take possession of
your Goods within 30 days from the termination or expiration date, despite BoxMySpace's or an
applicable courier's good faith attempts to return your Goods.
You will be responsible for all storage charges and other associated costs reasonably incurred by
BoxMySpace while withholding or disposing of the Goods. BoxMySpace will provide you with
30 days???? written notice requiring you to pay all amounts due and contact BoxMySpace to arrange
for re-delivery of the Storage Boxes. If upon the expiration of the 30-day notice period you have
failed to pay all of the amounts due, BoxMySpace may dispose of some or all of the Goods by
sale or otherwise.
If in BoxMySpace's opinion the Goods cannot be sold for a reasonable price or at all (for any
reason), or despite BoxMySpace's reasonable efforts they remain unsold, you authorize
BoxMySpace to treat them as abandoned and to destroy or otherwise dispose of them at your
cost. You shall be responsible for all costs reasonably incurred by BoxMySpace in relation to the
disposal of the Goods. If BoxMySpace receives money on disposal of the Goods, the net
proceeds of sale will be credited to your account and BoxMySpace will pay any excess amounts
to you without interest, less BoxMySpace's administrative charge of Rs. 1000 or such additional
administrative charge that BoxMySpace may have reasonably incurred in connection with the
disposal of the Goods.
If, after having made reasonable efforts to do so, BoxMySpace is unable to return any excess
amounts received by BoxMySpace from the disposal of your Goods to you, including having
given not less than 60 days written notice to you, BoxMySpace may retain any such excess
amounts for its own account. If the proceeds of sale (if any) are insufficient to discharge the
outstanding charges or any other payments due to BoxMySpace under this Agreement and the
costs of sale, you must pay any balance outstanding to BoxMySpace within 7 days of a written
demand from BoxMySpace. Interest at the rate of 18% compounded monthly will accrue on the
balance in accordance with the 'Payments' (Section E above) until the balance is paid in full.
You may terminate this Agreement at any time by requesting the return of your Storage Boxes
packed with your Goods and by paying any outstanding fees due to BoxMySpace. We may,
without prior notice, change the Site or Storage Services; stop providing the Site or Storage
Services or features of the Site or Storage Services, to you or to Users generally; or create usage
limits for the Site or Storage Services. We may permanently or temporarily terminate or suspend
your access to the Site or Storage Services without notice and liability for any reason, including
if in our sole determination you violate any provision of this Agreement, or for no reason. Upon
termination for any reason or no reason, you continue to be bound by this Agreement. You
acknowledge and agree that the termination of this Agreement shall not release you from your
obligation to pay any sums then owing to BoxMySpace and any other liability that has been
incurred prior thereto.
Upon termination of this Agreement for any reason you must contact BoxMySpace promptly to
arrange for delivery of your Storage Boxes. If within 30 days following termination of this
Agreement for any reason you fail to arrange for delivery of all of your Storage Boxes, then
BoxMySpace may process the Goods in accordance with the provisions of the section titled
"BoxMySpace's Right to Withhold or Dispose of Goods" above.
BOXMYSPACE collects information about Storer on registration and whilst this Agreement continues, including personal data (Data).
BOXMYSPACE processes Data in accordance with the Data Protection Act and uses it to process payments,
communicate with Storer and generally maintain Storer's account.
BOXMYSPACE will release Data and other account details at any time if it considers in its sole discretion this is appropriate:
(a) to comply with the law;
(b) to enforce this Agreement;
(c) for fraud protection and credit risk reduction;
(d) for crime prevention or detection purposes;
(e) to protect the safety of any person at the Facility,
(f) if BOXMYSPACE considers the security of any unit at the Facility or its contents may otherwise be put at risk.
Also, if BOXMYSPACE sells or buys any business or assets,
it may disclose Data and account details to the prospective seller or buyer of such business or assets
or if substantially all of BOXMYSPACE's assets are acquired by a third party,
Data and account details will be one of the transferred assets.
5. User Content
Some areas of the Site may allow Users to provide content such as profile information, photos of
Goods, comments, questions, and other content or information (any such materials a User
submits, posts, displays, or otherwise makes available on the Site "User Content"). We claim no
ownership rights over User Content created by you. The User Content you create remains yours;
however, by sharing User Content through the Site, you agree to allow others to view, edit,
and/or share your User Content in accordance with the functionality of the Site, your settings,
and this Agreement. BoxMySpace has the right (but not the obligation) in its sole discretion to
remove any User Content that is provided to or transmitted via the Site.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental
injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to
any other person, or to any animal; (ii) may create a risk of any other loss or damage to any
person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute
to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful,
abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or
publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous,
threatening, profane, or otherwise objectionable; (vi) contains any information or content that is
illegal (including, without limitation, the disclosure of insider information under securities law or
of another party's trade secrets); (vii) contains any information or content that you do not have a
right to make available under any law or under contractual or fiduciary relationships; or (viii)
contains any information or content that you know is not correct and current. You agree that any
User Content that you post does not and will not violate third-party rights of any kind, including
without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
BoxMySpace reserves the right, but is not obligated, to reject and/or remove any User Content
that BoxMySpace believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" all patents, trademarks and
service marks, registered designs, unregistered design rights, copyright, know-how, confidential
information, business names and similar rights whether registered or not as may now exist or
hereafter come into existence, and all applications therefore and registrations, renewals and
extensions thereof, under the laws of India.
In connection with your User Content, you affirm, represent and warrant the following:
A.You have the written consent of each and every identifiable natural person in the User Content
to use such person's name or likeness in the manner contemplated by the Site and this
Agreement, and each such person has released you from any liability that may arise in relation to
B.Your User Content and BoxMySpace's use thereof as contemplated by this Agreement, the
Site, and Storage Services will not violate any law or infringe any rights of any third party,
including but not limited to any Intellectual Property Rights and privacy rights.
C.BoxMySpace may exercise the rights to your User Content granted under this Agreement
without liability for payment of any guild fees, residuals, payments, fees, or royalties payable
under any collective bargaining agreement or otherwise.
D.To the best of your knowledge, all your User Content and other information that you provide
to us is truthful and accurate.
BoxMySpace takes no responsibility and assumes no liability for any User Content that you or
any other User or third party posts or sends over the Site. You shall be solely responsible for
your User Content and the consequences of posting or publishing it. You understand and agree
that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for
children, or otherwise unsuited to your purpose, and you agree that BoxMySpace shall not be
liable for any damages you allege to incur as a result of User Content.
1.User Content License Grant
By posting any User Content on the Site, you expressly grant, and you represent and warrant that
you have all rights necessary to grant, to BoxMySpace a royalty-free, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list
information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display,
and make derivative works of all such User Content and your name, voice, and/or likeness as
contained in your User Content, in whole or in part, and in any form, media or technology,
whether now known or hereafter developed, for use in connection with the Site and
BoxMySpace's (and its successors?????? and affiliates??????) business, including without limitation for
promoting and redistributing part or all of the Site (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each User of the Site a non-
exclusive license to access your User Content through the Site, and to use, reproduce, distribute,
display and perform such User Content as permitted through the functionality of the Site and
under this Agreement.
2.Our Proprietary Rights
Except for your User Content, the Site and all materials therein or transferred thereby, including,
without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site
marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users
(the "BoxMySpace Content"), and all Intellectual Property Rights related thereto, are the
exclusive property of BoxMySpace and its licensors (including other Users who post User
Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be
deemed to create a license in or under any such Intellectual Property Rights, and you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from any BoxMySpace Content. Use of
the BoxMySpace Content for any purpose not expressly permitted by this Agreement is strictly
You may choose to or we may invite you to submit feedback, comments, suggestions, error
identifications, or ideas about the Site or Storage Services, including without limitation about
how to improve the Site, the Storage Services, or our other services or products ("Idea(s)"). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without
restriction and will not place BoxMySpace under any fiduciary or other obligation, and that we
are free to use the Idea without any additional compensation to you, and/or to disclose the Idea
on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance
of your submission, BoxMySpace does not waive any rights to use similar or related ideas
previously known to BoxMySpace, or developed by its employees, or obtained from sources
other than you.
We care about the privacy of our Users. You understand that by using the Site you consent to the
collection, use and disclosure of your personally identifiable information and aggregate data as
BoxMySpace cares about the integrity and security of your personal information. However, we
cannot guarantee that unauthorized third parties will never be able to defeat our security
measures or use your personal information for improper purposes. You acknowledge that you
provide your personal information at your own risk.
The Site may contain links to third-party websites, advertisers, services, special offers, or other
events or activities that are not owned or controlled by BoxMySpace. BoxMySpace does not
endorse or assume any responsibility for any such third-party sites, information, materials,
products, or services. If you access a third party website from the Site, you do so at your own
your use of such sites and services. You expressly relieve BoxMySpace from any and all liability
arising from your use of any third-party website, service, or content. Additionally, your dealings
with or participation in promotions of advertisers found on the Site or in connection with the
Storage Services, including payment and delivery of goods, and any other terms (such as
warranties) are solely between you and such advertisers. You agree that BoxMySpace shall not
be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless BoxMySpace and its subsidiaries, agents,
licensors, 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 Site, including any data or content transmitted or received by
you; (ii) your use of the Storage Services; (iii) your violation of any term of this Agreement,
including without limitation your breach of any of the representations and warranties above; (iv)
your violation of any third-party right, including without limitation any right of privacy or
Intellectual Property Rights; (v) your violation of any applicable law, rule, or regulation; (vi) any
of your User Content or Goods, or any that is submitted via your account; or (vii) any other
party's access and use of the Site or Storage Services with your unique username, password or
other appropriate security code.
THE SITE AND STORAGE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. USE OF THE SITE AND STORAGE SERVICES IS AT YOUR OWN
RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE
AND STORAGE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM BoxMySpace OR THROUGH THE SITE OR
IN CONNECTION WITH THE STORAGE SERVICES WILL CREATE ANY WARRANTY
NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING,
BoxMySpace, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THE SITE OR STORAGE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE
SITE OR STORAGE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD
OR YOUR USE OF THE SITE.
BoxMySpace DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE BoxMySpace SITE OR STORAGE SERVICES OR
ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND BoxMySpace
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL BoxMySpace, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY
TO USE, THIS SITE OR STORAGE SERVICES. UNDER NO CIRCUMSTANCES WILL
BoxMySpace BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY
RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR
USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BoxMySpace
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF
OUR SITE OR STORAGE SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE
LIMITED SECURITY WARRANTY POLICY); (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY
THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH
THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. EXCEPT AS EXPRESSLY PROVIDED IN
THE LIMITED SECURITY WARRANTY POLICY, IN NO EVENT SHALL
BoxMySpace, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS,
OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE
AMOUNT YOU PAID TO BoxMySpace HEREUNDER IN THE TWELVE (12)
MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100.00,
WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF BoxMySpace HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
10. Business Failure
In the event that BoxMySpace ceases operations, we will attempt to make reasonable efforts to
return your Goods to you, but cannot guarantee if and when such returns will occur.
BoxMySpace will not be liable for any failure to return Goods in the event of a business failure.
11. International Use
Although this site may be accessible worldwide, we make no representation that materials on this
site are appropriate or available for use in locations outside the India, and accessing them from
territories where their contents are illegal is prohibited. Those who choose to access this site
from other locations do so on their own initiative and are responsible for compliance with local
laws. Any offer for any product, service, and/or information made in connection with this site is
void where prohibited.
12. Governing Law
This site (excluding any linked sites) is controlled by us from our offices in Maharashtra, India.
It can be accessed from all states of India, as well as from other countries around the world. As
each of these places has laws that may differ from those of Maharashtra, India, by accessing this
site both of us agree that the statutes and laws of the State of Maharashtra, India. Each of us
agrees and hereby submits to the exclusive personal jurisdiction and venue any court of
competent jurisdiction within the State of Maharashtra, India with respect to such matters.
A.Assignment. This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by BoxMySpace without restriction. Any
attempted transfer or assignment in violation hereof shall be null and void.
B.Force Majeure. Notwithstanding anything to the contrary, BoxMySpace will not be liable or
responsible for any damage to or loss of any Goods, or failure to perform, or delay in
performance of, any of its obligations under this Agreement, including without limitation any
Storage Services, that is caused by events outside its reasonable control (including but not
limited to) acts of God, flood, earthquake, windstorm or other natural disaster; war, armed
conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological
contamination or sonic boom; any law or government order, rule, regulation or direction, or any
action taken by a government or public authority; fire, explosion or accidental damage; adverse
weather conditions; interruption or failure of utility service, including but not limited to electric
power, gas or water; any labor dispute, including but not limited to strikes, industrial action or
lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant
machinery, machinery, vehicles, computers, the Internet or telecommunications (each, a "Force
C.Notification Procedures and Changes to the Agreement. BoxMySpace may provide
notifications, whether such notifications are required by law or are for marketing or other
business related purposes, to you via email notice, written or hard copy notice, or through
posting of such notice on our website, as determined by BoxMySpace in our sole discretion.
BoxMySpace reserves the right to determine the form and means of providing notifications to our
Users, provided that you may opt out of certain means of notification as described in this
Agreement. BoxMySpace is not responsible for any automatic filtering you or your network
provider may apply to email notifications we send to the email address you provide us.
BoxMySpace may, in its sole discretion, modify or update this Agreement from time to time, and
so you should review this page periodically. When we change the Agreement in a material
manner, we will update the ??????last modified?????? date at the bottom of this page. Your continued use of
the Site or Storage Services after any such change constitutes your acceptance of the new Terms
(or continue to use or access) the Site or Storage Services.
amendments to any of the foregoing, and any additional agreements you may enter into with
BoxMySpace in connection with the Site or Storage Services, shall constitute the entire
agreement between you and BoxMySpace concerning the Site and Storage Services. If any
provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect, except that in the event of the unenforceability of the
universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be
E.No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term, and BoxMySpace's failure to assert any right or provision
under this Agreement shall not constitute a waiver of such right or provision.
F.Contact. Please contact us at firstname.lastname@example.org with any questions regarding this
This Agreement was last modified on 11/11/14.