1. DEFINITIONS

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us”, “our”, or “6SPRINKLES” refer to 6SPRINKLES, a Mumbai, India based company.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, comments, invitations, advice, photographs, videos, and information that you display. “6SPRINKLES Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than 6sprinkles or its users, such as data providers who license data to 6sprinkles for use on the Site.

2. BINDING EFFECT.

This is a binding agreement. By using the Internet site located at www.6sprinkles.com (the “Site”) or any service connected with the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended by 6sprinkles from time to time in its sole discretion. 6SPRINKLES will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Site or Services. YOU AGREE THAT BY USING THE SITE OR SERVICES, YOU REPRESENT THAT YOU ARE 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

3. PRIVACY POLICY

6SPRINKLES respects your privacy and permits you to control the treatment of your personal information. A complete statement of 6sprinkles current privacy policy can be found by clicking here. 6SPRINKLES privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Site or to purchase goods or products via the Site, you must complete the account registration process by providing the complete and accurate information requested on the relevant account information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify 6SPRINKLES immediately of any unauthorized use of your account or password. 6SPRINKLES shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by 6SPRINKLES, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.

4. LICENSE OF SOFTWARE

6SPRINKLES may make certain software available to you from the Site. If you used the Site and/or Services, and/or download images, files, content, or software from the Site, such Software, including all files and images contained in or generated by the Site, Services, or software, and accompanying data (collectively, “Software”), is deemed to be licensed to you by 6SPRINKLES, for your personal and noncommercial use, only. 6SPRINKLES does not transfer either the title or the intellectual property rights to the Software, and 6sprinkles retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

5. USER CONTENT

You grant 6SPRINKLES a license to use the User Content and materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting 6SPRINKLES, its Owners, affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of 6SPRINKLES; its Owners, affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that 6SPRINKLES may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, license and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, licenses or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, license and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

7. INTELLECTUAL PROPERTY OWNERSHIP

All 6SPRINKLES Content included on the Site and Service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and Software, is the property of 6SPRINKLES and is protected by Indian and international intellectual property laws. The compilation of all content on this Site is the exclusive property of 6SPRINKLES and protected by Indian and international copyright laws. All software used on this site is the property of 6SPRINKLES and its software suppliers and protected by Indian and international intellectual property laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 6SPRINKLES and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing 6SPRINKLES name or trademarks without the express written consent of 6SPRINKLES. You may not use any direct linking or source-calling of any media presented on this website.

8. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

6SPRINKLES has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. 6SPRINKLES policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know or have good faith belief violated and you want 6SPRINKLES to delete, edit, or disable the material in question, you must provide 6SPRINKLES with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 6SPRINKLES to locate the material; (d) information reasonably sufficient to permit 6SPRINKLES to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to 6SPRINKLES at info@6sprinkles.com

9. PROHIBITED CONTENT

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(9.1) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;
(9.2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(9.3) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(9.4) harasses or advocates harassment of another person;
(9.5) exploits people in a sexual or violent manner;
(9.6) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(9.7) solicits or is designed to solicit personal information from or about any minor;
(9.8) contains information that poses or creates a privacy or security risk to any person;
(9.9) constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(9.10) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(9.11) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(9.12) solicits or is designed to solicit passwords or personal identifying information from other Users;
(9.13) involves commercial activities and/or sales without prior written consent from 6sprinkles;
(9.14) includes a photograph or video of another person that you have posted without that person’s consent; or
(9.15) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
6sprinkles reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or Service, and, if applicable, to delete any such material from its servers. 6sprinkles intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

10. PROHIBITED CONDUCT

You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site or Services:
(10.1) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Site;
(10.2) using the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(10.3) using the Site to promote bigotry or discrimination;
(10.4) using the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(10.5) using the site for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site or Service on behalf of that person, such as placing commercial content in a product review, placing links to e-commerce sites not authorized by 6sprinkles in a product review, placing links to blogs or forums with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose;
(10.6) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;
(10.7) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(10.8) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service;
(10.9) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(10.10) using the Site to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;
(10.11) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
(10.12) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by 6SPRINKLES in providing the Site;
(10.13) using the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
(10.14) recording, processing, or mining information about other users;
(10.15) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site or Service for the purposes of sending unsolicited or unauthorized material;
(10.16) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the 6SPRINKLES Services other than your User Content which you legally post on, through or in connection with your use of the Site;
(10.17) providing or using “tracking” or monitoring functionality in connection with the Site or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Site;
(10.18) interfering with, disrupting, or creating an undue burden on the 6sprinkles Site or the networks or services connected to the 6SPRINKLES Site;
(10.19) impersonating or attempting to impersonate 6SPRINKLES or a 6SPRINKLES employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
(10.20) using or distributing any information obtained from the 6SPRINKLES Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(10.21) using invalid or forged headers to disguise the origin of any Content transmitted to or through 6sprinkles computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
(10.22) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
(10.23) using the Site in a manner inconsistent with any and all applicable laws and regulations.

11. ALLEGED VIOLATIONS

6SPRINKLES reserves the right to terminate your use of the Site and Service, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason. To ensure that 6SPRINKLES provides a high quality experience for you and for other Users of the Site, you agree that 6SPRINKLES s or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site. 6SPRINKLES does not intend to disclose the existence or occurrence of such an investigation unless required by law, but 6SPRINKLES reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if 6SPRINKLES believes that you have violated any of the Terms of Use, furnished 6SPRINKLES with false or misleading information, or interfered with use of the Site by other Users.
6SPRINKLES assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time 6SPRINKLES chooses, in its sole discretion, to monitor the Site, 6SPRINKLES assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
If you become aware of misuse of the Site or of any prohibited Content or conduct, please report it to 6SPRINKLES by clicking on the “Contact Us” link on the left hand side of the Site’s home page and sending us an email in through the mechanism provided on the Contact Us web page.

12. NO WARRANTIES

6SPRINKLES hereby disclaims all warranties. 6SPRINKLES is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site. To the maximum extent permitted by law, 6SPRINKLES expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non infringement. 6sprinkles does not warrant that the site will meet your requirements or that the operation of the site will be uninterrupted or error-free.

13. LIMITED LIABILITY.

6sprinkles liability to you is limited. To the maximum extent permitted by law, in no event shall 6sprinkles be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by 6SPRINKLES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES.

6SPRINKLES has no control over, and no liability for any third party websites or materials. 6SPRINKLES works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither 6SPRINKLES nor the Site has control over the content and performance of these partner and affiliate sites, 6SPRINKLES makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and 6SPRINKLES assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that 6SPRINKLES makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. INDEMNITY.

You agree to indemnify 6SPRINKLES for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless 6SPRINKLES, its Owners, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. 6SPRINKLES will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16. GOVERNING LAW.

These Terms of Use shall be construed in accordance with and governed by the laws of Mumbai, India, in all disputes arising out of or related to the use of the Site.