Terms Of Service

These terms of service are effective from April 01, 2014

By accessing or using the PODIFF website, the PODIFF service, software, datafeeds or any Applications or Content (including mobile applications) made available by PODIFF or PODIFF Application Programming Interface, “API" (together, the "Service"), however accessed, you agree to be bound by (1) These “Terms of Use", (2) PODIFF Privacy Policy, at http://www.podiff.com/privacy and incorporated herein by reference, and (3) PODIFF Community Guidelines, at http://www.podiff.com/guidelines and also incorporated herein by reference. The Service is owned or controlled by Podiff Inc ("Podiff"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by any of these Terms of Use, Privacy Policy, or the Community Guidelines, Please do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

PODIFF reserves the right to update and change the Terms of Use from time to time without notice. Any updates or changes will be effective immediately upon posting of the revisions on http://www.podiff.com/terms-of-use , and you waive any right you may have to receive special notice of such updates or changes. Your continued use of the Services, Website, and/or Application and Content following any update on change of the Terms of Use will signify your acceptance of such revised terms. It is your responsibility to frequently review the Terms of Use for any updates or changes that may impact you. If you do not agree to the revised terms, you must stop using the Services.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PODIFF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Service

  1. These Terms of Service apply to all users of the Service, including users who are also contributors of Content or account owner on the Service. “Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of PODIFF, including but not limited to all products, software and services offered via the PODIFF website, such as the PODIFF account, the PODIFF "Embeddable links," and other applications.
  2. The Service may contain links to third party websites that are not owned or controlled by PODIFF. PODIFF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PODIFF will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve PODIFF from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of all other website that you visit.

Broadly PODIFF is driven by the purpose where users can share and communicate information in form of point of differences articles. These articles helps user talk about and compare two things or views. Interesting PODs help you create more followers and get more upvotes and views. These PODs are actively shared by user community making your account popular. This also helps you generate traffic to your particular webpage by providing a back link at the end of each POD. You can create PODs on serious and informative topics to just casual abstract PODs.

As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.

Basic Terms

  1. You must be at least 13 years old to use the Service.
  2. Only authorized representatives may administer an “Account" for an organization or an entity.
  3. Account should not be created in fictitious names and should reflect the true information about the user or organization.
  4. Any “Account" must not confuse, copy or infringe or violate on names, logo or content of any other person or organization existing.
  5. Any Account name should not consist of solely generic terms (e.g. Cars , Mobile)
  6. You should not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Text, Videos, Photos, Document or other Content via the Service.
  7. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, PODIFF prohibits the creation of and you agree that you will not create an account for anyone other than the one you are authorized for. You also represent that all information you provide or provided to PODIFF upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  8. You agree that you will not solicit, collect or use the login credentials of other PODIFF users.
  9. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses and any other information which may be private or confidential or breach confidentiality.
  10. You are responsible for keeping your password secret and secure.
  11. All Content on your Account must comply with our privacy policy and community guidelines.
  12. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  13. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  14. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or PODIFF.
  15. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any PODIFF users/account.
  16. You must not access PODIFF's private API by means other than those permitted by PODIFF. Use of PODIFF's API is subject to a separate set of terms available for API Terms of usage.
  17. You must not use any software, codes, cheats, hacks, tools or any 3rd party applications to change, alter, download, copy or access any part of PODIFF which by itself is not allowed by PODIFF Service.
  18. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any PODIFF page is rendered or displayed in a user's browser or device.
  19. You must comply with PODIFF's Community Guidelines, available here: http://www.podiff.com/community-guidelines .
  20. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  21. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other PODIFF terms.
  22. Violation of these Terms of Use may, in PODIFF's sole discretion, result in termination of your PODIFF account. You understand and agree that PODIFF cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for PODIFF, we can stop providing all or part of the Service to you.
  23. In case you have paid for some of the Service of PODIFF and any violation in terms of use, privacy policy, community guidelines or copyrights resulting in blocking or termination of Services for you may incur full cost and PODIFF will not refund any paid amount for such case.
  24. PODIFF does not verify any information that is shared through PODs and maintains that the information shared is a sole view point of the content contributor, who may or may not be an expert on the topic, it is advisable not to take any decision solely based on these PODs. You must not rely on PODs shared on PODIFF and you must use your best judgments and other professional source of information before you make any choice or decisions.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your PODIFF Account by logging into the Account and completing the form available. If we terminate your access to the Service or you use the form detailed above to deactivate your Account, your PODs, comments, likes, votes and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your Account and view your Content), but those materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username/Account name for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. PODIFF will not, under any circumstances, issue cash refunds for any Service cancellation or if you are not satisfied with the Service and wish to terminate. PODIFF has a zero tolerance policy on chargebacks. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
  8. PODIFF in its full right will not issue any refunds if an Account or any service of part of service is terminated. PODIFF is not responsible for a refund in case the service offered is altered, dysfunctional or removed. Any refund cannot be claimed for the lack of quality of Service. In the case you may stop using PODIFF Service or may continue as your sole discretion.
  9. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that PODIFF is not responsible or liable for the conduct of any user. PODIFF reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or other information.
  10. If you use the Embeddable PODs on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable code, including but not limited to links back to the PODIFF website.
  11. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in videos, images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. PODIFF does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that PODIFF is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if PODIFF has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the PODIFF Parties (defined below) harmless for activity related to the Application.
  12. You agree that you are responsible for all data charges you incur through use of the Service.
  13. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and content (except as may be the result of standard search engine protocols or technologies used by a search engine with PODIFF's express consent).
  14. You are completely responsible for security, controls and sharing of your account and PODs to any person using PODIFF Service. The PODIFF Service provides various tools for Controls, Security, Sharing and Restricting this Content but does not guarantee efficacy of these Service. You must bring cases like these to the notice of PODIFF to helps improve these issues and Service.
  15. To the extent possible we keep content and data collection and usage restricted from 3rd party. Also, all your information and Content are termed as critical information in PODIFF parlance and great precaution is taken for this information. But at no point of time PODIFF guarantees any security of this Information and Content and You must understand the critical nature of the information you share on PODIFF. If you feel it is a critical information or important business information which should not be shared with any outside/3rd party companies or individual, please do not upload it on PODIFF as PODIFF does not guarantee any security, these information could be accessed, disclosed, altered, or destroyed beyond PODIFF’s control. To an extent possible PODIFF keeps and maintains the information securely.

Rights

  1. PODIFF does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to PODIFF a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here http://www.podiff.com/privacy , including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information"). You can choose who can view your Content and activities as described in the Privacy Policy.
  2. PODIFF holds the complete rights to make your Content available to others for the publication, distribution, syndication, or broadcast on other media and services, subject to our own terms and conditions for such Content use. Such additional uses by PODIFF or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
  3. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PODIFF may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  4. You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
  5. We will only process name changes and migrations that do not result in a misleading or unintended connection. All migrations are at our discretion and are final.
  6. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  7. PODIFF doesn’t hold any responsibilities directly or indirectly for any share of activities, PODs or content on other social networks through the PODIFF’s account. PODIFF is not liable for any breach, use or disclosure of any content or activity on other social networks. If you don’t understand the impact of your activity you are advised not to share your content on other social networks through PODIFF by choosing proper settings provided by PODIFF to manage your Content.
  8. The Service contains content owned or licensed by PODIFF ("PODIFF Content"). PODIFF Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and PODIFF, PODIFF owns and retains all rights in the PODIFF Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PODIFF Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PODIFF Content.
  9. The PODIFF name and logo are trademarks of PODIFF, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PODIFF, except in accordance with our brand guidelines, available here: http://www.podiff.com/trademark . In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PODIFF, and may not be copied, imitated or used, in whole or in part, without prior written permission from PODIFF.
  10. Although it is PODIFF's intention for the Service to be available as much as possible, there will be occasions when the Service or part of Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  11. PODIFF reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by PODIFF, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, PODIFF encourages you to maintain your own backup of your Content. In other words, PODIFF is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. PODIFF will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  12. You agree that PODIFF is not responsible for, and does not endorse, Content posted within the Service. PODIFF does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  13. Except as otherwise described in the Service's Privacy Policy, available at http://www.podiff.com/privacy , as between you and PODIFF, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with PODIFF is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place PODIFF in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of PODIFF, and PODIFF will not be liable for any use or disclosure of any Content you provide.
  14. It is PODIFF's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, PODIFF does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that PODIFF is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright and Other IP Violations

  1. We respect other people's rights, and expect you to do the same.
  2. We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement, visit: http://www.podiff.com/copyright
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, PODIFF CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PODIFF NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PODIFF PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PODIFF CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PODIFF OR VIA THE SERVICE. IN ADDITION, THE PODIFF PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE PODIFF PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PODIFF PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PODIFF PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PODIFF PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE PODIFF PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE PODIFF PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PODIFF CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PODIFF PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PODIFF PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PODIFF PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PODIFF PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PODIFF'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PODIFF PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PODIFF PARTIES.

PODIFF IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at PODIFF's request), indemnify and hold the PODIFF Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by PODIFF in the defense of any claim. PODIFF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of PODIFF.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or PODIFF's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 18 or 20 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and PODIFF (whether or not such dispute involves a third party) with regard to your relationship with PODIFF, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Indian Judicial System and rules for arbitration of consumer-related disputes. You may bring claims only on your own behalf. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if PODIFF is a party to the proceeding. In the event the Indian judicial system is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either PODIFF or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor PODIFF can require the other to participate in an arbitration proceeding. To opt out, you must notify PODIFF in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Podiff Inc, ATTN: Arbitration Opt-out 461, Delhi Apartments, Sector 22, Dwarka, New Delhi, India-110077

You must include your name and residence address, the email address you use for your PODIFF account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with PODIFF.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with PODIFF must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of Indian Judicial System, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with PODIFF exclusively in a District or High Court of New Delhi, India, and to submit to the personal jurisdiction of the courts located in New Delhi, India, for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. PODIFF's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. PODIFF reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with PODIFF.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and PODIFF and governs your use of the Service, superseding any prior agreements between you and PODIFF. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PODIFF. Any purported assignment or delegation by you without the appropriate prior written consent of PODIFF will be null and void. PODIFF may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PODIFF to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that PODIFF provides.

Software related to or made available by the Service may be subject to India’s export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which India has embargoed goods. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Use is March 15, 2014. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.