1. Acceptance of Terms

Please read the following terms of Use very carefully as your use of service is subject to your acceptance of and compliance with the following terms of use ("Terms of Use").

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms of Use, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms of Use, you must not subscribe to or use our services.

The Terms of Use set forth below and the Privacy Policy (as defined below) constitute a legally-binding agreement between Stark Up Private Limited (hereinafter refererred to as the "First Party" or "Company"), and you ("Vendor" or the "Second Party"). These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) www.FunctionMania .com, the website owned by the company, including the classified advertisements, forums, various email functions and Internet links, and all content and company services available through the domain and sub-domains of the company located at www.Functionmania.com (collectively referred to herein as the "Website"), and (ii) the online transactions between the company and you. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.

You specifically agree that by using the website, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

A.) Modifications To Terms Of Use and/or Privacy Policy

The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and the company will post notice of the changes and the amended Terms of Use at the domain of www.FunctionMania.com. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

B.) Privacy Policy

The company has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy. The Privacy Policy is located at: www.Functionmania.com/Privacy

2. License to Access

The company hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without the prior written consent of the company; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

3. Prohibitions on Submitted Content

The company reserves the right to monitor, screen and scrutinize the content submitted by you. If found objectionable, the company may, at its own discretion not publish the content, without giving any prior written or oral advice.

4. Term of Agreement

It has been agreed between the parties that the term of this agreement will be for a period of 6 months. The Company shall have a right to amend any of the Clauses to this Agreement with the prior notification to the Second Party subject to the condition that the said amendment does not entirely change the nature/scope of the agreement. Upon termination of the contract by efflux of time the parties shall be free to renew the agreement on the terms and conditions mentioned hereunder or on such other terms and conditions which are mutually acceptable to each other.

5. Exclusivity

As regards the Company, the registration of the Vendor as a Vendor on the website shall be on a non-exclusive basis and Company shall have the right to appoint/register other Vendors on the online portal for showcasing their products/services of any category.

6. Representations and Warranties of the Parties

(A) Both parties agree and hereby undertake that they have full capacity, power and authority to enter into this agreement and do all acts incidental/ancillary thereto.

(B) The Vendor shall register with the Company for online listing and visibility with the users of the online portal only.

(C) The Vendor hereby undertakes that it shall not carry out any activity which is illegal, immoral or specifically banned under the prevailing laws of India, and/or any other prohibited activities as mentioned by the Company.

(D) The Vendor also undertakes that it shall neither post any such thing nor do any such activities, on the web portal or otherwise, which shall adversely affect the goodwill, reputation of the Company or even affect the interests of the Company.

(E) The Vendor undertakes not to copy, type, receive, convert, or reverse engineer the data of any entity which are into the business of local search services or directory or yellow pages services as the Company.

(F) The Vendor undertakes not to copy or otherwise reproduce the entire contents/services provided by another Vendor on the online local search services.

7. Rights of the Company

(A) The Company shall have the sole discretion to accept or reject the Vendor's intention to register itself on the online portal. The Company reserves its right to terminate the agreement and deregister the Vendor from the online portal without assigning any reasons whatsoever.

(B) The Company shall not be responsible for the transaction between the Vendor and the user/client nor be responsible for disbursement of any payments.

(C) The Company shall have the right to terminate this agreement and deregister the Vendor upon duly verified complaints from the user/clients with regard to deficiency in services or low quality products delivered by the Vendor.

(D) Notwithstanding anything contained hereunder, the Company shall have the right to restrict/prohibit a transaction at its sole discretion. The Company shall not be liable to Vendor or any other person for being unable to access the said services.

8. Intellectual Property Rights

(A) The Vendor shall not have a web page, which in any way resembles the web page of the Company and shall not copy any content from web page of the Company without its prior written consent. Furthermore the Vendor's website shall not contain any words, logo, images, icons, graphic design, layout, presentation, user interface, navigation scheme, colour scheme, style or any other such property or a combination thereof which makes the reseller's web page deceptively similar to Company's web page.

(B) the Vendor agrees that it shall not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site content for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Company, or otherwise commercially exploiting the contents of the Company's online portal. Systematic retrieval of content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Company is prohibited.

(C) Vendor/Second party hereby agrees to abide by the branding standards of Company for any permitted use and also the specifications with regard to the user of the logos, trademarks, slogans etc. of the Company, subject to prior written approval from the Company.

9. Links to Third Party Websites

Links to third party sites are provided by Company on its website as a convenience. The Company hereby states that it has no control over such sites i.e content and resources provided by them.

The Company may at its discretion allow user access to the contents, products and/or services offered by third parties/clients through hyper links to such third party's website. The Second Party shall be responsible for going through the entire profile and read such terms and conditions and/or privacy policies before using such third party sites since the Company has no control over the contents of the third party's website.

10. Confidentiality

All communications between the parties, and all information received from them, and/or any transactions entered into between the parties or any other users/clients with whom certain information shared are confidential, shall be kept confidential by both the parties unless the said confidential information is already under public domain.

The Vendor may have access to Confidential Information. The Vendor undertakes to keep the 'Confidential Information' confidential and not disclose the same to third parties or misuse the same in any manner. Vendor understands that any violation of this clause, either by it or its employees, shall give the right to Company to invoke the indemnification obligations of the Vendor besides attracting criminal action against the Vendor and termination of these Terms.

Disclaimer of Warranties

The products/ services are provided to you on an "as is" and "as available" basis without representations or warranties of any kind and FunctionMania expressly disclaims any and all implied or statutory warranties to the maximum extent permitted by applicable law, including without limitation implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from the website or FunctionMania services shall create any warranty not expressly stated in the terms of use. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Without limiting the generality of the foregoing, FunctionMania is not responsible for any incorrect or inaccurate Content posted on the FunctionMania website or in connection with the FunctionMania Services. User Content created and posted on the FunctionMania Website may contain links to other websites. FunctionMania is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by FunctionMania.

Inclusion of any linked website on the FunctionMania Services does not imply approval or endorsement of the linked website by FunctionMania. When you access these third-party sites, you do so at your own risk. FuncionMania takes no responsibility for third party advertisements which are posted on this FuncionMania Website or through the FuncionMania Services, nor does it take any responsibility for the goods or services provided by its advertisers. FuncionMania is not responsible for the conduct, whether online or offline, of any User of the FuncionMania Services.

FuncionMania assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. FuncionMania is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FuncionMania Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the FuncionMania Services. Under no circumstances shall FuncionMania be responsible for any loss or damage, including personal injury or death, resulting from use of the FuncionMania Services, attendance at a FuncionMania event, from any Content posted on or through the FuncionMania Services, or from the conduct of any Users of the FuncionMania Services, whether online or offline. FuncionMania cannot guarantee and does not promise any specific results from use of the FuncionMania Services.