Terms of Service

By using the Burrp Services (as defined below) which are owned and operated by Infomedia 18 Limited ("Infomedia18") and by accessing the Burrp Site located at http://www.burrp.com, and all linked pages owned and operated by Infomedia18 (the "Burrp Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service"). Infomedia18's on-line services which are available at the Burrp Site will, among other things, help you find entertainment listings and businesses/services you are looking for by allowing you to get reviews from other Burrp Site users, post and share these reviews with Burrp Site users, and view third party postings/reviews regarding similar businesses/services ("Burrp Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Burrp Site and Burrp Services. Please read these Terms of Service carefully. Your access to or use of the Burrp Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Burrp Service.

1. Eligibility.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of Burrp Site or use the Burrp Site and Burrp Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Burrp Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the Burrp Service is void where prohibited by applicable law, and the right to access the Burrp Site is revoked in such jurisdictions. By using the Burrp Site and/or Burrp Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

2. Changes to the Agreement or the Burrp Services.

You agree and understand that these Terms of Service, the Burrp Site and the Burrp Services may be modified by Infomedia18 at any time without prior notice, and such modifications will be effective upon Infomedia18's posting of the new terms and/or upon implementation of the new changes on the Burrp Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Burrp Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Infomedia18, any new features, new services, enhancements or modifications to the Burrp Service implemented after your initial access to the Service shall be subject to these Terms of Service.

3. Registration and Security.

In order to use or access some of the Burrp Services, you may be required to register with Burrp Site and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide Infomedia18 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not:

  1. enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or,
  2. use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Infomedia18 reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Burrp Service shall be for your personal use only. You agree to
    1. immediately notify Infomedia18 of any unauthorized use of your User ID or password, and
    2. ensure that you exit from your account at the end of each session.

4. Use of the Site/Services by Members.

You may use the Burrp Site to solicit reviews from, and share reviews with other Burrp users. You may search the Burrp Site database for entertainment listings, reviews and business contact information. You may forward reviews to people you know, whether or not they are existing Burrp Site users. You may invite people you know to join Burrp Site. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Burrp Service ("Content"), and other items displayed on the Burrp Site, for your own use, provided that you maintain all copyright and other notices contained in such Content. Infomedia18 does not control the Content posted by third parties via the Burrp Service or Burrp Site, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Burrp Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Infomedia18 be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your posting or use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Burrp Service. You agree that you must evaluate and bear all risks associated with the use or posting of any Content, including any reliance on the content, integrity, and accuracy of such Content.

5. Restrictions on Rights to Use.

You shall not (and you agree not to allow any third party to):

6. Content Posted By You on the Burrp Site.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

7. Copyright Dispute Policy.

Infomedia18 has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Infomedia18's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

8. Venue Only.

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Burrp Service, such activity is solely between you and the applicable third party. Infomedia18 shall have no liability, obligation or responsibility for any such activity. You hereby release Infomedia18 from all claims arising from such activity.

9. Privacy.

Use of the Burrp Site and/or the Burrp Service is also governed by our Privacy Policy.

10. Term.

These Terms of Service will remain in full force and effect while you use the Burrp Site and/or Burrp Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 9, 10, 11, 12, 13, 14 and 15 shall survive any termination or expiration of these Terms of Service.

11. Ownership.

Except for the Content submitted by members or users, the Burrp Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Infomedia18 or its licensors. You acknowledge that the Burrp Service and any underlying technology or software used in connection with the Burrp Service contain Infomedia18's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Burrp Site, or Burrp Services in whole or in part except as expressly provided in Infomedia18's policies and procedures made available via the Burrp Service. Except as expressly and unambiguously provided herein, Infomedia18 and its suppliers do not grant you any express or implied rights, and all rights in the Burrp Service not expressly granted by Burrp to you are retained by Infomedia18.

12. Disclaimer.

THE BURRP SITE IS PROVIDED BY BURRP ON AN "AS IS" BASIS. INFOMEDIA18 AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE BURRP SITE, BURRP SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE BURRP SITE OR IN ASSOCIATION WITH THE BURRP SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INFOMEDIA18 AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFOMEDIA18 AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE BURRP SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INFOMEDIA18 SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE BURRP SITE. INFOMEDIA18 DOES NOT WARRANT OR COVENANT THAT THE BURRP SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BURRP SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BURRP SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM INFOMEDIA18, THE BURRP SITE OR THROUGH OR FROM THE BURRP SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13. Limitation on Liability.

INFOMEDIA18 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond INFOMEDIA18's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, INFOMEDIA18 AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INFOMEDIA18'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO INFOMEDIA18 FOR THE BURRP SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) INR 1,000/. IF YOU ARE A MAHARASHTRA RESIDENT, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. Indemnity.

You agree to indemnify and hold infomedia18, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Burrp Site, (ii) your use of the Burrp Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

15. Miscellaneous.

If there is any dispute about or involving the Burrp Site and/or the Burrp Service, by using the Burrp Site, you agree that the dispute will be governed by the laws of Republic of India and the State of Maharashtra without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and Courts of the State of Maharashtra, City of India. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind INFOMEDIA18 in any respect whatsoever. INFOMEDIA18 may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Burrp Service. These Terms of Service, accepted upon use of the Burrp Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and INFOMEDIA18 regarding the use of the Burrp Site and/or the Burrp Service. The failure of INFOMEDIA18 to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with INFOMEDIA18's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include INFOMEDIA18's acceptable use policy for Content posted on the Burrp Site, INFOMEDIA18's Privacy Policy, and any notices regarding the Burrp Site.

16. Contact and Violations.

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to ho@infomedia18.in and legal@burrp.com.

17. Mark.

Burrp is a proprietary service mark of Infomedia 18 Limited