1. DESCRIPTION OF SERVICE

AwesomeWorldRecords is an Internet-based service that permits users to view world records and submit their own world records. AwesomeWorldRecords may contain advertisements, which are necessary to continue providing AwesomeWorldRecords’s services. AwesomeWorldRecords is not responsible for third party advertisements or third party applications that are posted on the AwesomeWorldRecords sites, nor is it responsible for the products provided by its advertisers.

2. MODIFICATIONS TO SERVICE

AwesomeWorldRecords reserves the right to modify or terminate the AwesomeWorldRecords sites for any reason at any time, temporarily or permanently, without prior notice. This includes, but is not limited to, the sale of AwesomeWorldRecords to another entity. You agree that AwesomeWorldRecords will not be liable to you for any modification or termination of the AwesomeWorldRecords sites.

3. TERMINATION

AwesomeWorldRecords reserves the right, in its sole discretion, to refuse service to anyone, temporarily or permanently, at any time. You agree that any termination of your ability to use AwesomeWorldRecords, including, but not limited to, the termination of your permission to use the AwesomeWorldRecords sites, may occur without prior notice. You also agree that any world records you hold on the AwesomeWorldRecords sites (your “Records”) may be repealed without prior notice. Furthermore, AwesomeWorldRecords reserves the right, at its sole discretion, to reject a User’s Record submission, at any time and for any reason without prior notice.

YOUR PERMISSION TO USE THE AwesomeWorldRecords SITES AUTOMATICALLY TERMINATES IF YOU VIOLATE ANY OF THESE TERMS OF USE. ANY RECORDS YOU HOLD MAY BE REPEALED AT ANY TIME IF AwesomeWorldRecords SUSPECTS THAT YOU ARE NOT COMPLYING WITH THESE REQUIREMENTS.

4. ELIGIBILITY

Access and use of AwesomeWorldRecords is void where prohibited. By accessing and using AwesomeWorldRecords, you agree that:

• You are responsible for knowing and complying with all applicable rules regarding Internet use, including, but not limited to, local laws and regulations relating to acceptable on-line conduct and content;
• You will not use AwesomeWorldRecords or any aspect of AwesomeWorldRecords for any unlawful purpose or in any manner that violates these Terms of Use;
• You are at least 18 years of age, or if you are younger than 18 years of age, you have parental permission to use the AwesomeWorldRecords sites. If you are younger than 13 years of age, your parent may need to provide verifiable parental consent in order for you to use certain features of the site, such as submitting Records, which AwesomeWorldRecords will obtain at the time you attempt to use those features;
• All information, including, but not limited to, personal information and information relating to Records, that you submit to AwesomeWorldRecords is truthful, accurate, and complete; and
• You will maintain the truthfulness, accuracy, and completeness of all information, including, but not limited to, personal information and information relating to Records, submitted to AwesomeWorldRecords. This includes, but is not limited to, promptly notifying AwesomeWorldRecords if any information, including, but not limited to, personal information and information relating to Records, changes.

5. PROPRIETARY RIGHTS IN SITE CONTENT

You understand and agree that the content on the AwesomeWorldRecords sites, except any data, text, information, screen names, graphics, photos, accounts, audio and video clips, links, or any other material (collectively “Content”) uploaded, posted, or otherwise transmitted by a User, is owned or licensed to AwesomeWorldRecords and is protected by applicable intellectual property and other laws. Except as expressly authorized by AwesomeWorldRecords, you agree not to modify, distribute, create derivative works based on, rent, lease, loan, sell, resell, or offer for any commercial purposes the AwesomeWorldRecords sites, in whole or in part.

You further understand and agree that the content of sponsor advertisements that appear on the AwesomeWorldRecords sites is protected by applicable intellectual property law and other laws. Except as expressly authorized by the applicable advertiser, you agree not to modify, distribute, create derivative works based on, rent, lease, loan, sell, resell, or offer for any commercial purposes the sponsor advertisement, in whole or in part.

The AwesomeWorldRecords service makes it possible to post images and text hosted on AwesomeWorldRecords to outside websites. This use is permitted as long as pages on other websites which display data hosted on the AwesomeWorldRecords sites provide an easily identifiable link back to AwesomeWorldRecords.

6. WORLD RECORD

AwesomeWorldRecords is not and cannot be responsible for its User’s or other’s conduct or safety during any attempt to create a world record to submit to AwesomeWorldRecords. BY USING AND ACCESSING THE AwesomeWorldRecords SITES, YOU UNDERSTAND AND AGREE THAT YOU ATTEMPT TO CREATE A WORLD RECORD AT YOUR OWN RISK. If you do become involved in an attempt to create a world record, including, but not limited to, your own attempt to create a world record or supporting another User’s attempt to create a world record, to the fullest extent permitted by applicable law, you release AwesomeWorldRecords and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys’ fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the attempt to create a world record.

7. USER CONDUCT

You are solely responsible for your conduct on the AwesomeWorldRecords sites and any Content that you post to the site. AwesomeWorldRecords reserves the right to investigate and take appropriate actions a Inappropriate User conduct and Content includes, but is not limited to:

• impersonating another person or entity or falsely stating or otherwise misrepresenting your affiliation with another person or entity;
• uploading, posting, or otherwise transmitting any Content that AwesomeWorldRecords determines is harmful, abusive, harassing, threatening, hateful, vulgar, obscene, fraudulent, unlawful, tortious, defamatory, libelous, invasive to another person’s or entity’s privacy, exploitive, or racially, ethnically, or otherwise objectionable;
• engaging in behavior that harms minors in any way, as seen by AwesomeWorldRecords or applicable law, or that is otherwise destructive behavior, including, but not limited to, abusing, harassing, stalking, threatening, or intimidating another person or entity;
• using or attempting to use any information obtained from the AwesomeWorldRecords sites in order to harm, abuse, harass, stalk, threaten, or intimidate another person or entity;
• using the AwesomeWorldRecords sites to create or submit any unsolicited or unauthorized advertising, email, or other form of communication;
• soliciting personal information from anyone under 18;
• promoting commercial activities without prior written consent from AwesomeWorldRecords, including, but not limited to, contests, sweepstakes, barter, advertising, or pyramid schemes;
• collecting or storing User information for commercial or unlawful purposes;
• modifying, adapting, hacking or otherwise manipulating any part of the AwesomeWorldRecords sites;
• modifying, adapting, hacking or otherwise manipulating any part of another website so as to falsely imply that it is associated with AwesomeWorldRecords or to otherwise disguise the origin of the information delivered;
• interfering with, disrupting, or otherwise creating an undue burden on the AwesomeWorldRecords servers or connected networks, or disobeying any requirements, procedures, policies, or regulations of connected networks;
• circumventing, modifying, or otherwise interfering with any security technology or software that is part of the AwesomeWorldRecords sites;
• uploading, posting, or otherwise transmitting software worms, bots, viruses, or any other code of a destructive nature;
• using the AwesomeWorldRecords sites in any manner, intentionally or unintentionally, that violates these Terms of Use or any applicable laws or regulations;
• using the AwesomeWorldRecords sites in any manner that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; and
• allowing another person to use the AwesomeWorldRecords sites in any manner that violates these Terms of Use.

While AwesomeWorldRecords prohibits inappropriate conduct and Content on the site, you understand and agree that AwesomeWorldRecords cannot be responsible for other User’s conduct or the Content posted on the AwesomeWorldRecords sites and you may be exposed to such inappropriate conduct or Content when you visit the AwesomeWorldRecords sites.

8. RIGHTS IN USER CONTENT

“User Content” is Content that is posted by a User to the AwesomeWorldRecords sites. By adding or uploading User Content to the AwesomeWorldRecords sites, you are transferring ownership of such User Content to AwesomeWorldRecords, including, but not limited to, any intellectual property rights you may have in such User Content. Such transfer irrevocably grants to AwesomeWorldRecords the sole and exclusive worldwide ownership of all right, title and interest, (fully-paid, royalty-free, licensable and transferable (in whole or part) in and to the User Content and all elements thereof and the fully-paid, royalty-free, licensable and transferable (in whole or part) worldwide license to all embedded third-party copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights that you own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, edit, adapt, translate, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in AwesomeWorldRecords is sole discretion, in all media formats and channels now known or hereafter devised (including, but not limited to, on websites, cable and broadcast television networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you or the foregoing third-party(ies), with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity.

In addition, by uploading User Content to the AwesomeWorldRecords sites, you understand and agree that AwesomeWorldRecords may, in its sole discretion, deploy, disseminate, publish, upload, and transfer such User Content to the YouTube and Facebook websites for the purposes of monetizing such User Content and maximizing advertising revenue generated by such User Content. Such revenue shall be shared with you under the terms and conditions of the agreement located at so long as you consent to the terms and conditions of such agreement and provide us with the information we need to forward such revenue to you.

By uploading, posting, or otherwise transmitting any User Content, you represent and warrant that (1) you have all necessary written consents, releases, or permissions to grant the foregoing licenses to AwesomeWorldRecords; (2) you have all necessary written consents, releases, or permissions of each and every identifiable individual person in the User Content to use the name or likeness of that person in the manner contemplated by AwesomeWorldRecords and these Terms of Use; and (3) the uploading, posting, or otherwise transmitting your User Content on or through AwesomeWorldRecords does not violate the legal rights of any person or entity, including, but not limited to, privacy rights, publicity rights, copyrights, trademark rights, or contract rights. WITHOUT LIMITATION TO THE PROVISIONS OF SECTION 15, BELOW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AwesomeWorldRecords AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIM, ADMINISTRATIVE PROCEEDING, DEMAND, DAMAGE, OBLIGATION, LOSS, COST, DEBT, LIABILITY, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR BREACH OF THE FOREGOING REPRESENTATION AND WARRANTY, OR AwesomeWorldRecords USE, COPYING, PUBLISHING, DISTRIBUTION, TRANSMISSION, TRANSFERENCE, CREATION OF DERIVATIVE WORKS OF, PUBLIC PERFORMANCE, OR PUBLIC DISPLAY (IN WHATEVER MEDIA, AT OUR SOLE DISCRETION) OF ANY USER CONTENT SUBMITTED BY YOU.

9. COPYRIGHT

AwesomeWorldRecords undertakes to obey all relevant copyright laws. If you believe your copyrighted material appears on the AwesomeWorldRecords site without your permission, please send us in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing 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 AwesomeWorldRecords to locate the material;
• Information reasonably sufficient to permit AwesomeWorldRecords to contact you, such as an address, telephone number, and, if available, an e-mail address;
• 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
• 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.

Our designated agent (“Copyright Agent”) to receive notification of claimed infringement under the Copyright Act of 1957 India. copyright@awesomeworldrecords.org

After receiving a claim of infringement, AwesomeWorldRecords will process and investigate the claims. Upon receipt of notices that comply or substantially comply with the Copyright Act of 1957 India’s requirements, AwesomeWorldRecords will act expeditiously to remove or disable access to any Content alleged to be infringing. AwesomeWorldRecords will take reasonable steps to promptly notify the User that it has removed or disabled access to the User’s Content.

If you believe your removed Content is not infringing, or that you have the legal authorization to post and use the removed Content, you may provide us with a counter notification by sending our Copyright Agent the following information in writing:

• Your physical or electronic signature;
• Identification of the Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of District Court for the judicial district in which your address is located, or if your address is outside of the India, for any judicial district in which AwesomeWorldRecords may be found, and that you will accept service of process from the person who provided the original Copyright Act of 1957 India notification or an agent of such person.

Upon receipt of a proper counter notification under the Copyright Act of 1957 India, AwesomeWorldRecords will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification. Additionally, AwesomeWorldRecords will inform that person that it will replace the removed material and cease disabling access to it in 10-14 business days following receipt of the counter notice, unless AwesomeWorldRecords’s Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on AwesomeWorldRecords.

10. USER DISPUTES

You are solely responsible for your interactions with other Users. AwesomeWorldRecords has no obligation to become involved in any dispute between you and other Users (a “User Dispute”). However, AwesomeWorldRecords reserves the right to become involved in any User Dispute at AwesomeWorldRecords’s sole discretion.

If you do become involved in a User Dispute, to the fullest extent permitted by applicable law, you release AwesomeWorldRecords and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys’ fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the User Dispute.

11. PRIVACY

Your use of AwesomeWorldRecords is governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference. By using or accessing AwesomeWorldRecords, you agree that you have read, understand, and agree to be bound by our Privacy Policy.

12. Links

The AwesomeWorldRecords sites may contain links to third-party websites that are not owned or controlled by AwesomeWorldRecords. AwesomeWorldRecords cannot control and assumes no liability or responsibility for the availability, content, or practices of third-party websites. AwesomeWorldRecords’s Terms of Use and Privacy Policy are applicable only when you are on the AwesomeWorldRecords sites. As such, we encourage you to read the policies of any third-party websites that you visit when you leave the AwesomeWorldRecords sites.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF AWESOMEWORLDRECORDS IS AT YOUR SOLE RISK. AWESOMEWORLDRECORDS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AWESOMEWORLDRECORDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND RELIABILITY OF USER CONTENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AWESOMEWORLDRECORDS MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, DELAY-FREE, SECURE, OR ERROR-FREE. AWESOMEWORLDRECORDS IS NOT RESPONSIBLE FOR ANY DAMAGE DUE TO TECHNICAL PROBLEMS OR MALFUNCTION, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE AWESOMEWORLDRECORDS SITES OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THE AWESOMEWORLDRECORDS SITES.

UNDER NO CIRCUMSTANCES SHALL AWESOMEWORLDRECORDS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE AWESOMEWORLDRECORDS SITES OR CONDUCT OCCURRING IN CONNECTION WITH THE USE OF THE AWESOMEWORLDRECORDS SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OR DAMAGE IN CONNECTION WITH AN ATTEMPT TO CREATE A WORLD RECORD.

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR RELATIONSHIP OF ANY TYPE BETWEEN AWESOMEWORLDRECORDS AND ANY OTHER PARTY. THESE TERMS OF USE ARE BETWEEN AWESOMEWORLDRECORDS AND YOU AND THEY DO NOT, NOR SHALL THEY BE DEEMED TO, EXTEND RIGHTS TO ANY THIRD PARTY.

14. LIABILITY LIMITATIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AWESOMEWORLDRECORDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF AWESOMEWORLDRECORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROMDAMAGES, RESULTING FROM

• THE USE OR INABILITY TO USE THE SERVICE;
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE AND ACCESS TO, OR IN CONNECTION WITH YOUR USE OR ACCESS TO, OUR WEBSITE;
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERANY OTHER MATTER RELATING TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF AWESOMEWORLDRECORDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO 6000.

15. INDEMNITY

You agree to indemnify, defend, and hold harmless AwesomeWorldRecords and its officers, directors, employees, and agents, from and against any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising from:

• Your use and access to, or in connection with your use or access to, the AwesomeWorldRecords sites;
• Your violation of any terms of these Terms of Use;
• Your violation of any third party’s right, including, but not limited to, any copyright or privacy right; and/or
• Any claim that your User Content caused damage to the third party.

16. JURISDICTION AND DISPUTES

You understand and agree that the AwesomeWorldRecords sites shall be deemed solely based in the State of Tamilnadu. The AwesomeWorldRecords sites shall be deemed passive websites that do not give rise to personal jurisdiction over AwesomeWorldRecords either specific or general, in jurisdictions other than Tamilnadu, nor shall use of or access to the AwesomeWorldRecords sites be construed as the purposeful availment of the benefits or privilege of doing business in any state other than Tamilnadu by AwesomeWorldRecords. You understand and agree that, except to the extent applicable law, if any, provides otherwise, any claim or cause of action arising out of the use of or access to the AwesomeWorldRecords sites or these Terms of Use shall be governed by the substantive laws of Tamilnadu, without respect to its conflict of laws principles. You further understand and agree not to bring claims or causes of action on a representative, class member basis, or as a private attorney general.

You and AwesomeWorldRecords understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of or access to the AwesomeWorldRecords sites or these Terms of Use must be filed within one (1) year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred. To the extent a claim or cause of action does arise from the use or access to the AwesomeWorldRecords sites or these Terms of Use, the claim or cause of action shall be settled by binding arbitration. AwesomeWorldRecords may elect to resolve the dispute by binding arbitration conduct by telephone, on-line, or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, it shall be held in Tamilnadu state, tamilnadu, or another location mutually agreed upon by the parties. In all such cases, the arbitration shall be held in the English language and administered by the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. in accordance with their applicable rules then in effect, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, and the proper venue for any disputes arising out of or relating to any of the same will be the state and courts located in Tamilnadu state, India. You hereby consent to, and waive all defenses of lack of personal jursidiction and forum non conveniens with respect to, venue and jurisdiction in the state and courts of Tamilnadu state, India.

17. WAIVER AND SEVERABILITY OF TERMS

The failure of AwesomeWorldRecords to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the court should give effect to the parties’ intentions as reflected in the provision, and all other provisions of these Terms of Use remain in full force and effect.

18. VIOLATIONS OF TERMS OF USE

Please report any suspected violations of these Terms of Use to contact@awesomeworldrecords.org

19. QUESTIONS

Please contact us at indiaawr@gmail.com with any questions regarding these Terms of Use.