Terms of Service

Welcome to the website of EUPHORIQ (“Site”) to avail the products and services of EUPHORIQ (collectively the “EUPHORIQ Services”) which is provided by STENWORK (“We” or “Us” or “Our”).

You must be legally competent to enter into this Agreement. We do not render any advice, certifications, guarantees or warranties relating to the EUPHORIQ Services, We make available on this Site. The use of this Site is governed by these Terms and Conditions (“Agreement”). When you (“You” or “Your”) use this Site, You acknowledge that You have read this Agreement and accept to be bound legally by the terms hereof or such terms as may be modified from time to time. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE EUPHORIQ SERVICES OR THE SITE. We reserve the right at any time to change all or any part of this Agreement; change the EUPHORIQ Service, including by eliminating or discontinuing any Content on or feature of the EUPHORIQ Service; and change any fees or charges for use of the EUPHORIQ Service. Any changes We make will be effective immediately upon notice, which We may provide by any means including without limitation, posting on the Site or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You are responsible for checking this Agreement periodically for changes. Upon Our request, You agree to sign a non-electronic version of this Agreement.

ABOUT THE EUPHORIQ SERVICES

EUPHORIQ Services include without limitation website applications and mobile applications where You can review public information, register as a user, create an event, manage an event, upload information, upload photos, share photos, connect other applications, import and manage contacts, send invitations, receive photos and other information from other users, share the site, application and content over the internet and provide access to select users for reviewing and updating information including photos.

ELIGIBLE USERS
You must be above eighteen (18) years of age to utilize EUPHORIQ Services and You hereby formally affirm to have completed eighteen (18) years of age at the time use of this Site.

REGISTRATION
Utilization of EUPHORIQ Services available on Our Site requires registration. Registration shall not be available to Users below eighteen (18) years of age. Each registration is for a single individual user only. In order to register, You will need an individual user name or Login ID (“Login ID”) and a password.

You agree to
1.provide true, accurate, current and complete data about Yourself on the Site’s registration form (“Registration Data”);
2.promptly update the Registration Data to keep it true, accurate, current and complete. If You fail to do any of these things, We will have the right to suspend or terminate Your use of EUPHORIQ Service and/or terminate Your account. You will create a password during the sign-up process. You are solely responsible for maintaining the confidentiality of Your password and account, and You are solely responsible for all use of Your password or account, whether authorized by You or not;
3.not have a Login ID that is vulgar, attempts to impersonate another person or violates the law or the rights of others. We may reject any Login ID that We determine in our discretion is unacceptable;
4.immediately notify Us of any unauthorized use of Your password or account or any other breach of security;
5.ensure that You exit from Your account each time You finish using EUPHORIQ Service.

You acknowledge and agree that access and use of password protected and/or secure areas of EUPHORIQ Service are restricted to users who have a valid account for our Site. You agree not to access these areas of the Service without appropriate authorization and acknowledge that in the event You attempt to access/use such restricted areas of the EUPHORIQ Services, You may be subject to prosecution.

ACCESS TO SERVICE AND OBLIGATIONS
You may use the EUPHORIQ Services for lawful purposes only. You may not submit or transmit through EUPHORIQ Services any material, or otherwise engage in any conduct that:

1.violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2.is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to prurient interest;
3.victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4.impersonates any person, business or entity, including Us and Our employees and agents;
5.attempts to exploit a minor (under the age of 18);
6.requires You to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
7.requires You to upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8.requires You to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
9.interferes with or disrupt the EUPHORIQ Service or damage, disable, overburden, or impair Our servers or network servers or networks connected to EUPHORIQ Service, or disobey any requirements, procedures, policies or regulations of networks connected to EUPHORIQ Service;
10.contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
11.encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
12.violates this Agreement, guidelines or any policy posted on the Site; or
13.interferes with the use of EUPHORIQ Services by others; and
14.intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law.

You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.

USE OF EUPHORIQ SERVICES AND OTHER SIMILAR APPLICATIONS
The download and use of any part of the EUPHORIQ Services (including but not limited to any other similar application) is solely based on your acceptance of EUPHORIQ’s Terms of Service as detailed herein.

You may not use any technologies of EUPHORIQ to violate the Terms of Service.
You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution or use of your Content or the EUPHORIQ Services.

Any material, contents or information downloaded or otherwise obtained from the EUPHORIQ Services (or any other similar application) is done at your own discretion and risk and that 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.

SUPPORT SERVICES
You are using the EUPHORIQ Services AT YOUR OWN RISK and We are under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the software for using Our Site.

NO RESALE OF EUPHORIQ SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the EUPHORIQ Service (including Your Login ID), use of EUPHORIQ Service, or access to EUPHORIQ Service.

TERMINATION
In its sole and absolute discretion, with or without notice to You, We may (i) suspend or terminate Your use of EUPHORIQ Service; or (2) terminate Your account.

You may terminate Your account for any reason by emailing Us at prior to such termination.

We shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of the EUPHORIQ Service.

ONLINE PURCHASE

If You wish to purchase any EUPHORIQ Services offered on the Site, We will ask You to supply certain information applicable to Your purchase, including without limitation, payment and other information. Any such information will be treated as described in Our Privacy Policy. All information that You provide to Us or Our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by You or any users of Your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to Your purchases. Verification of information applicable to a purchase may be required prior to Our acceptance of any order. Price and availability of any products or services on Our Site are subject to change without notice and Our current prices can be found on the Site. Title and risk of loss for any purchases pass to You upon Our delivery to Our carrier. We reserve the right to ship partial orders (at no additional cost to You), and the portion of any order that is partially shipped may be charged at the time of shipment.

ACCESS COSTS
You are responsible for all costs in obtaining the equipment and internet connections that You will need to access Our Site. You are responsible for checking with Your internet access provider (including Your telecom operator if You access Our Site using wireless applications) to determine all costs that You may incur in accessing the internet and EUPHORIQ Services.

FEES AND PAYMENT
We may offer premium services and content through EUPHORIQ Services for a fee. Payment and other applicable purchase terms will be disclosed to You at the time You sign up for any fee-based service and You will be subject to those additional terms that shall supplement this Agreement.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE EUPHORIQ SERVICE
Certain areas of EUPHORIQ Services may allow You to submit or post material, such as photos, images, texts (“Content”) that can be accessed and viewed by others, including the internet audience in general. You may not submit Content on or through Our Site that You do not have a right to make available under any law or under contractual or fiduciary relationships. You may not submit Content that violates this Agreement. We do not claim ownership of any Content that You may post. However, by submitting Content to on the EUPHORIQ Services, You grant Us, Our agents and distributors a royalty free, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, publicly perform, display, create derivative works from, distribute, perform and display such Content for internal and commercial purposes and to fulfil the service requirements disclosed to You during Your purchase.

“Publicly accessible” areas of the EUPHORIQ Service are those areas of the Site that are intended to be available to the general public. However, publicly accessible areas of the EUPHORIQ Service would not include portions of Our Site that are limited to members, or areas off Our network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Us.

We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on EUPHORIQ Service by third parties, whether such third parties are users of the EUPHORIQ Service or others. The opinions expressed reflect solely the opinions of the participants and may not reflect Our opinions. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will We or Our affiliates, suppliers or agents be liable for any loss or damage caused by Your reliance on such information obtained through the Service. We may, but have no obligation to, monitor any materials displayed, transmitted or otherwise made available on or through EUPHORIQ Services.

FREE TRIALS

Users taking advantage of the free trial will be allowed access only for a limited time period. We are at liberty to delete all user and account data after the expiry of the free trial period. We will lock access to the user accounts upon expiry of the free trial period. Under no circumstances will we provide access to download any data during the free trial period and upon expiry of the free trial period. Users need to upgrade to a paid service package to continue to access the account and related data based on the specifics of the  package selected by them.

COPYRIGHTS
We respect the intellectual property of others, and We ask You to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, We may, in Our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, We do not ensure that any such Content will be edited or removed. However We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.

PROPRIETARY RIGHTS
You acknowledge and agree that EUPHORIQ Service and any necessary software used in connection with the EUPHORIQ Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through EUPHORIQ Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Us or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on EUPHORIQ Service or such software used by Us, in whole or in part.

We grant You a personal, non-transferable and non-exclusive right and license to use the object code of Our software on computers and mobile devices; provided that You do not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our software. You agree not to modify Our software in any manner or form, or to use modified versions of Our software, including (without limitation) for the purpose of obtaining unauthorized access to EUPHORIQ Service. You agree not to access EUPHORIQ Service by any means other than through the interface that is provided by Us for use in accessing EUPHORIQ Service.

We own all right, title and interest in and to EUPHORIQ Service and all materials and content contained in EUPHORIQ Service, including, without limitation, all content, Site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of EUPHORIQ Service is strictly prohibited.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other EUPHORIQ Service solely for personal use. Any other use of materials on the Site or other EUPHORIQ Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Our authorized officer, is strictly prohibited. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy Our web pages or the Content contained therein without prior written permission of Our authorized officer.

DISCLAIMER OF WARRANTIES
We provide the services “AS IS”, “with all faults” and “as available.” We and Our suppliers make no express warranties or guarantees about EUPHORIQ Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT EUPHORIQ SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE MAKE NO WARRANTY THAT (i) EUPHORIQ SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF EUPHORIQ SERVICES WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY EUPHORIQ SERVICES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM EUPHORIQ SERVICES IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. We are not liable on the authenticity of such material. Without limiting the foregoing, under no circumstances shall We be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat ,light ,or air conditioning. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY. We make no representation that any material on EUPHORIQ Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such material from some jurisdictions. Those who choose to access EUPHORIQ Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.

EXCLUSION OF DAMAGES
Neither We nor Our subsidiaries or Our licensors will be liable to You or any third party for any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from Your use of or inability to use EUPHORIQ Service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if We have advised of the possibility of such damage. Without limiting the foregoing, We will not be liable for any loss or damage arising out of (1) Your failure to comply with Our terms set forth herein regarding registration (2) Content posted to EUPHORIQ Service by You or any third party.

LIMITATION OF LIABILITY
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR SITE. IN NO EVENT SHALL WE , OUR PARENT’S AND OUR SUPPLIERS’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF EUPHORIQ SERVICES EXCEED THE TOTAL AMOUNT OF EUPHORIQ SERVICE FEES THAT YOU PAID AT THE TIME OF PURCHASE FOR THE SPECIFIC SERVICE AT ISSUE. NEITHER WILL WE NOR OUR PARENT OR OUR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF EUPHORIQ SERVICES OR INABILITY TO USE EUPHORIQ SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY (AND THE LIABILITY OF OUR PARENT AND SUPPLIERS) IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

FORCE MAJEURE
Any delays in or failure of performance by either party under this Agreement shall not constitute default hereunder if and to the extent caused by Force Majeure, which is defined to be occurrences beyond the control of the party effected, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties.

THIRD-PARTY WEB SITES
The third-party web sites linked to or from EUPHORIQ Service are not controlled by Us. Accordingly, We make no warranties or conditions regarding such third-party web sites and will not be liable for any loss or damage caused by Your use of or reliance on such web sites. Your use of third-party web sites is at Your own risk. The inclusion on the Service of a link to a third-party web site does not imply an endorsement by Us.

INDEMNITY
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees, harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs) and liabilities arising from any third party claim resulting from the use or misuse of EUPHORIQ Services or for harm suffered directly or indirectly by Us as a result of Your breach or non-compliance of obligations under this Agreement.

GENERAL TERMS
1.Changes to this Agreement. We may change the terms of this Agreement at any time. You can view the most current version of these terms by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages. You shall be solely responsible for checking these terms periodically for changes. Your act of using EUPHORIQ Service after the changes take effect signifies Your acceptance of the new terms. You must cancel EUPHORIQ Service if You do not want to agree to the revised terms.
2.Entire agreement. This Agreement and any policies posted on Our Site constitute the entire agreement between You and Us regarding the subject matter of this Agreement and supersede all previous written or oral agreements.
3.Governing Law. All legal proceedings shall be subject to the jurisdiction of the courts in Mumbai, India and shall be governed by and construed in accordance with the laws of India and You agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Mumbai, India.
4.Invalidity; assignment. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. We may assign this Agreement at any time; You may not assign this Agreement to any one else without Our express written permission.
5.Right of Survivorship and Non-Transferability. You agree that Your account is non-transferable and any rights to Your account or Contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all Contents therein permanently deleted.
6.Miscellaneous. The Agreement is being executed in English language and all modifications or changes shall be made in the same language.
7.Relationship. This Agreement does not constitute any joint venture, partnership, employment or agency relationship between You and Us.
8.Waiver. It is expressly understood that if either party on any occasion fails to perform any term of this Agreement and the other party does not enforce that term, the failure to enforce on that occasion shall not prevent enforcement on any other occasion.

Payment and Cancellation Policy
The basic services of Euphoriq are charged at the amounts stated in various places of the site. No refunds or credits will be provided after 7 days of the account billing date. Custom orders are not refundable. At Euphoriq’s sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Euphoriq.

No order shall be considered confirmed until such confirmation is communicated to you in writing by Euphoriq. You agree to render payment for any goods or services purchased from Euphoriq on the Site in accordance with the terms hereof. You will be entitled to refunds only in accordance with the terms hereof.

You represent and warrant that if you are purchasing something from Euphoriq that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes