Terms & Conditions

ChaiWithPapa.com

TERMS OF SERVICE AGREEMENT 

(EFFECTIVE 11/01/2020)

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT. 

ACCEPTANCE OF TERMS 

This Terms of Service Agreement (“Agreement”) is a legally binding agreement that shall govern the relationship with any visitor (“User”) who accesses ChaiWithPapa.com. 

BY ACCESSING OR USING OUR SITES AND OUR SERVICES, USER HEREBY AGREES TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF USER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.  USE OF THIS SITE WITHOUT AGREEMENT BY USER TO THESE TERMS OF SERVICE IS PROHIBITED.

Any new features or tools which are added to the website shall also be subject to this Agreement.  User may review the most current version of the Agreement at any time on this page. ChaiWithPapa.com reserves the right to update, change or replace any part of this Agreement by posting updates and/or changes to this page. It is the responsibility of User to check this page periodically for changes. Continued use or access of the website following the posting of any changes constitutes acceptance by User of those changes.

Submission of personal information through our website is governed by our Online Privacy Policy, which can be viewed at https://www.chaiwithpapa.com

DESCRIPTION OF WEBSITE

The Site is a non-commercial website that is designed to:

1. Share information with individuals who have a particular interest in Indian Art House.
2. Cinema and Documentaries (and to some extent commercial TV and Cinema).
3. Databases and lists of Titles that largely reflect Indian Art House Cinema and Documentaries, some of which we have viewed and rated.  Ratings of cinema and documents are solely the opinion of the rater.

Links are provided that direct User to platforms where Titles are available for viewing.  

User acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of ChaiWithPapa.com. 

MODIFICATION OF SERVICES 

ChaiWithPapa.com reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, ChaiWithPapa.com shall not be held liable to User or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. 

In its sole discretion, ChaiWithPapa.com may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised services unless otherwise stipulated. ChaiWithPapa.com hereby reserves the right to cancel and cease offering any of the aforementioned Services and/or products. 

User acknowledges, accepts, and agrees that ChaiWithPapa.com shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of its services or products. Continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute acceptance by User of such updates, changes, and/or modifications.  Therefore, User is advised to review this Agreement, and any and all applicable terms and policies on a frequent basis to ensure that User is aware of all terms and policies currently in effect.  In the event User rejects the updated, revised, or modified terms of service, User must stop access and use of this website. USE OF THIS SITE WITHOUT AGREEMENT BY USER TO UPDATED, REVISED, OR MODIFIED TERMS OF SERVICE IS PROHIBITED.

Furthermore, User understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such ChaiWithPapa.com shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication, or personalization settings. 

CLOSED CAPTIONING 

ChaiWithPapa.com complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.

PRIVACY POLICY 

User may seek registration as a member of ChaiWithPapa.com Registration data and various other personal information are protected by a strict Online Privacy Policy. User may visit https://chaiwithpapa.com to view the policy.

Members consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by ChaiWithPapa.com and/or our subsidiaries or affiliates. 

EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network users hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. 

Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.  Through the use of our network, User agrees to comply with all applicable export law, including, but not limited to, Export Administration Regulations, accessible at: http://www.access.gpo.gov/bis/ear/ear_data.html, as well as the sanctions control program of the United States, accessible at: http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx.

Furthermore, User pledges and affirms:

1. User is not on the government export exclusion report list of prohibited individuals, accessible at: http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm.
2. User is not a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations.
3. User agrees not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country.
4. User agrees not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws.
5. User agrees not to post, transfer nor upload any software, technology or any other technical data that would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT SUBMITTED OR MADE AVAILABLE FOR COMPANY SERVICES 

ChaiWithPapa.com shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, User hereby, for so long as User is a member of ChaiWithPapa.com, but not after membership is discontinued by such user, grants, and allows to ChaiWithPapa.com worldwide, royalty-free, and non-exclusive licenses, as hereinafter provided, with respect to: 

Content submitted or made available for inclusion on the publicly accessible areas of ChaiWithPapa.com’s sites, including license to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing.

1. Photos, audio, video and/or graphics submitted or made available for inclusion on publicly accessible areas of ChaiWithPapa.com, include license to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing.
2. Any other content submitted or made available for inclusion on the publicly accessible areas of ChaiWithPapa.com’s sites, the continuous, binding and completely sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Areas which may be deemed "publicly accessible" areas of ChaiWithPapa.com’s sites are those areas which are viewable by the general public, and message boards and groups to which members may post content.

CONTRIBUTIONS TO WEBSITE

ChaiWithPapa.com provides an area for our users to contribute feedback to our website. When User submits ideas, documents, suggestions and/or proposals ("Contributions") to our site, User acknowledges and agrees that: 

1. contributions do not contain any type of confidential or proprietary information;
2. ChaiWithPapa.com shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.
3. ChaiWithPapa.com shall be entitled to make use of and/or disclose any such Contributions as provided in the previous section concerning CONTENT SUBMITTED OR MADE AVAILABLE FOR COMPANY SERVICES.
4. ChaiWithPapa.com is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
5. ChaiWithPapa.com may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property of this Agreement.

INDEMNITY

User agrees to insure and hold ChaiWithPapa.com, its subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content submitted, posted, modified, transmitted, or otherwise made available by User, through our Services, or in connection with our Services, in violation of this Agreement and/or a violation of any rights of a third party. 

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between User and any such advertiser. Moreover, User agrees that ChaiWithPapa.com shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website. 

LINKS

Either ChaiWithPapa.com or any third parties may provide links to other websites and/or resources. Thus, User acknowledges and agrees that ChaiWithPapa.com is not responsible for the availability of any such external sites or resources, and as such, ChaiWithPapa.com does not endorse, nor is ChaiWithPapa.com responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, User acknowledges and agrees that ChaiWithPapa.com shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. User is advised to carefully review the third-party's policies and practices to ensure User understands them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

INTELLECTUAL PROPERTY  

This Site and all the information it contains, or may in the future contain (“Content”), which includes, but is not limited to, articles, opinions, text, databases, directories, guides, illustrations, photographs, trademarks, trade names, service marks, and logos are the property of ChaiWithPapa.com, unless otherwise indicated, and are protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Certain trademarks and logos displayed on the site are owned by third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of ChaiWithPapa.com or other third party that may own the trademark or copyright of material displayed on this Site. Please contact ChaiWithPapa.com via email at chaiwithpapa@gmail.com to request permission to republish any content.

SUBJECT TO FULL COMPLIANCE WITH THESE TERMS, User is authorized to view Content, make, and print a single copy thereof, for User’s own lawful, personal, noncommercial use, provided that User maintains all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.  Please contact ChaiWithPapa.com via email at chaiwithpapa@gmail.com to request additional rights.

INFRINGEMENT CLAIMS NOTICE & PROCEDURES

ChaiWithPapa.com may, in its sole discretion, disable, suspend, and/or terminate the account of User, if User violates this Agreement and/or infringes upon the intellectual property rights of others. If User or third party believes that a protected work has been duplicated in such a way that would constitute infringement of intellectual property rights, User or third party should submit the following information to ChaiWithPapa.com via email at: chaiwithpapa@gmail.com:

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.
2. A description of the work or other intellectual property that User or third party believes has been infringed upon.
3. A description of the location of the site which User or third party believes has been infringing upon the protected work.
4. The physical address, telephone number, and email address of User or third party.
5. A statement by User or third party stating that the alleged and disputed use of Content work is not authorized by the copyright owner, its agents, or the law.
6. A statement by User or third party made under penalty of perjury, that the aforementioned information in the notice is truthful and accurate, and that User or third party is the copyright or intellectual property owner, representative or agent authorized to act on behalf of the copyright or intellectual property owner.

PROPRIETARY RIGHTS 

User hereby acknowledges and agrees that Services provided by ChaiWithPapa.com and any essential software that may be used in connection with its Services ("Software") contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws.  Furthermore, User acknowledges and agrees that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws.  Therefore, except for that which is expressly permitted by applicable law or as authorized by ChaiWithPapa.com, or such applicable licensor, User agrees not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works, which are based on ChaiWithPapa.com Content or Software, in whole or part. 

LIMITED INTELLECTUAL PROPERTY LICENSE

ChaiWithPapa.com grants User, personal, non-transferable and non-exclusive rights and/or license to make use of the object code of our Software on a single computer, provided that User does not do any of the following:

1. alter or change the Software in any manner, nature or form,
2. duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
3. use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. 
4. allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
5. allow use by any third party of modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. 
6. access or attempt to access our Services through any means other than through the interface which is provided by ChaiWithPapa.com for use in accessing our Services.

COMMERCIAL REUSE OF SERVICES 

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ChaiWithPapa.com or related sites.

WARRANTY DISCLAIMERS 

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT: 

1. USE OF CHAIWITHPAPA.COM’S SERVICES AND SOFTWARE ARE AT THE SOLE RISK OF USER. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. CHAIWITHPAPA.COM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. CHAIWITHPAPA.COM AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT:
   1. CHAIWITHPAPA.COM SERVICES OR SOFTWARE WILL MEET USER REQUIREMENTS;
   2. CHAIWITHPAPA.COM SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
   3. THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CHAIWITHPAPA.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
   4. QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY USER THROUGH OUR SERVICES OR SOFTWARE WILL MEET THE EXPECTATIONS OF USER; AND
   5. THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. 
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CHAIWITHPAPA.COM SERVICES OR SOFTWARE SHALL BE ACCESSED AT THE SOLE DISCRETION AND THE SOLE RISK OF USER, AND AS SUCH USER SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO COMPUTER AND/OR INTERNET ACCESS OF USER, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY USER FROM CHAIWITHPAPA.COM OR RELATED SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY.  SHOULD USER, ANYONE KNOWN TO THE USER, OR ANYONE RELATED TO USER HAVE AN EPILEPTIC CONDITION, USER IS ADVISED TO CONSULT A PHYSICIAN IF USER EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.  USER ASSUMES ANY RISK AND RESPONSIBILITY FOR DAMAGES ASSOCIATED WITH USE OF CHAIWITHPAPA.COM. USER FURTHER WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO DAMAGES FOR PERSONAL INJURY OR PECUNIARY LOSS SUSTAINED AS A RESULT OF USE OR ACCESS OF CHAIWITHPAPA.COM.

LIMITATION OF LIABILITY 

USER EXPRESSLY ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT CHAIWITHPAPA.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH CHAIWITHPAPA.COM MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: 

1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO WEBSITE;
4. ALTERATION OF COMMUNICATION OR TRANSMISSION DATA OF USER;
5. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND/OR
6. ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. 

RELEASE 

In the event User has a dispute, User agrees to release ChaiWithPapa.com (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed, and undisclosed, arising out of or in any way connected to such dispute. 

NOTICE RELATED TO FINANCIAL MATTERS 

ChaiWithPapa.com’s content is provided primarily for informational purposes, and no Content that shall be provided or included on ChaiWithPapa.com is intended for trading or investing purposes. ChaiWithPapa.com and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information. 

In the event User accesses our website to create or promote any service, receive, or request any such news, messages, alerts, or information by concerning companies, stock quotes, investments or securities, the account of the User is subject to immediate suspension or termination, in the sole discretion of ChaiWithPapa.com. User is advised to review the sections above concerning WARRANTY DISCLAIMERS, and LIMITATIONS OF LIABILITY, and RELEASE. 

EXCLUSION AND LIMITATIONS 

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO USER. 

THIRD PARTY BENEFICIARIES

User acknowledges, understands, and agrees that, unless otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. 

NOTICE 

ChaiWithPapa.com may furnish User with notices, including those with regards to any changes to this Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if User violates any aspects of this Agreement by accessing our Services in an unauthorized manner. By accepting the terms of this Agreement, User is deemed to have received any and all notices that would have been delivered had User accessed our Services in an authorized manner.

CHOICE OF LAW

User and ChaiWithPapa.com agree that this agreement shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

CHOICE OF FORUM

User and ChaiWithPapa.com agree to submit to the jurisdiction of the courts having jurisdiction within the State of Illinois or the U.S. District Court therein and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts, and that any and all claims, causes of action and/or disputes, arising out of or relating to this agreement, or the relationship between User and ChaiWithPapa.com shall be filed with the said courts. 

LIMITATION

User acknowledges, understands, and agrees that regardless of any statute or law to the contrary, any claim or action arising out of or related to this agreement, or the relationship between User and ChaiWithPapa.com, must be filed within one year after said claim or cause of action arose, or shall be forever barred. 

WAIVER AND SEVERABILITY OF TERMS

At any time, should ChaiWithPapa.com fail to exercise or enforce any right or provision of this agreement, such failure shall not constitute a waiver of such right or provision.  If any provision of this agreement is found by a court of competent jurisdiction to be invalid, User and ChaiWithPapa.com nevertheless agree that the court should give effect to the parties' intentions as reflected in the provision, and that the other provisions of this agreement remain in full force and effect. 

VIOLATIONS 

Please report any and all violations of this Agreement to ChaiWithPapa.com via email at: chaiwithpapa@gmail.com

ENTIRE AGREEMENT 

This Agreement constitutes the entire agreement between User and ChaiWithPapa.com and shall govern the use of our Services, superseding any prior version of this Agreement between User and us with respect to ChaiWithPapa.com Services.  User may also be subject to additional terms and conditions that may apply when User uses or accesses certain other ChaiWithPapa.com Services, affiliate services, third party content or third-party software.