Terms of Use (EULA)

Puthika is a website, mobile application, and related services company that provides for the consumption and publication of written and audio-based digital content. These General Terms of Use (the “Terms”) set out the terms and conditions by which Puthika offers you access to use and enjoy puthika.com.bd (the “Site”), the Puthika mobile application (the “App”), andall services provided by Puthika ( the “Services”).
Puthika is owned and operated in the Bangladesh byPuthika.
The term “Account” refers to a basic Puthika account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”).  The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).
The following General Terms of Use is a legal contract between You, either an individual User or a single entity, and Puthika regarding Your use of the Site and Apps. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.  BY REGISTERING FOR, ACCESSING, BROWSING, POSTING,DOWNLOADING FROM, SUBSCRIBING TO, OR USING PUTHIKA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS.  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF PUTHIKA IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW. ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PUTHIKA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO LITIGATION PROCEEDING.
1. Eligibility
Puthika is not available to persons under the age of majority in their place of residence or to any Users whose access to Puthika was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity.  BY USING PUTHIKA, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as Puthika is not intended for children under 13.
2. Privacy; Additional Terms.
Your privacy is important to us. OurPrivacy Policyis hereby incorporated into these Terms by reference.  Please read our Privacy Policy carefully for information on how we collect, use, and disclose Your personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
The Subscriber Agreement is also hereby incorporated into these Terms by reference
3. Individual Features and Services.
When using Puthika, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the“Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.
4. Subscription
Puthika offers access to premium and exclusive content by means of a Subscription.  A Subscription entitles You to access an unlimited number of ebooks and audiobooks during the subscription period. Your access to the applicable content and related purchase transaction are subject to theSubscriber Agreement.
5. Modification of these Terms and Services.
Puthika reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices, including theSubscriber Agreement and the Prohibited ActivityPolicy at any time.  If we do so, we will inform You either by posting the modified Terms here or through other communications. Your continued use of Puthika after the posting of changes constitutes Your binding acceptance of such changes.  We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. Copyright Act, 2000
Puthika respects copyright law and expects its users to do the same. It is Puthika’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
7. Puthika License Grant.
  1. 7.1 License Grant to Puthika Mobile App
    Subject to Your compliance with these Terms, Puthika grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Puthika reserves all rights in and to the App not expressly granted to You under these Terms.
  2. 7.2 License Grant to Download.
    Subject to Your compliance with the terms and conditions set out in these Terms, Puthika hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Puthika may restrict or block at the request of its content providers or on its own initiative.  The “select content” to which you are granted a license in this section 7.2 does not include Subscription Content (as defined in theSubscriber Agreement). Please see the Subscriber Agreementfor applicable terms.
  3. 7.3 Reservation of Rights.
    Puthika reserves all rights not expressly granted in these Terms.
  4. 7.4 Prevention of Unauthorized Use.
    Puthika reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.
8. Content Disclaimer.
You understand that when using Puthika You will be exposed to content from a variety of sources, and that Puthika is not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such content.  You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Puthika with respect thereto.  Puthika does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of content that allegedly does not conform to these Terms, Puthika may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. Puthika does not permit copyright infringing activities.
9. Prohibited Conduct.
It is our goal to create an experience where anyone can read or listen to books in a comfortable and safe environment. We have developed rules that are designed to help achieve this goal. In addition to the general rules below, additional restrictions are enumerated in theProhibited Activity Policy.
BY USING PUTHIKA YOU AGREENOT TO:
  1. 9.1
    use Puthika for any purpose other than to receive original or appropriately licensed content, to add Descriptive Information, and/or to access Puthika as such Services are offered by Puthika (“Descriptive Information” refers to the corresponding title and description of User Content posted by Users along with such content);
  2. 9.2
    rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
  3. 9.3
    post, upload, or distribute any defamatory, libelous, or inaccurate content and/or Descriptive Information;
  4. 9.4
    post, upload, or distribute any content or Descriptive Information that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
  5. 9.5
    impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Puthika, or perform any other similar fraudulent activity;
  6. 9.6
    delete the copyright or other proprietary rights notices on Puthika or associated with any content available via Puthika;
  7. 9.7
    make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Puthika. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  8. 9.8
    use Puthika for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  9. 9.9
    defame, harass, abuse, threaten or defraud Users of Puthika, or collect, or attempt to collect, personal information about Users or third parties without their consent;
  10. 9.10
    use Puthika if You are under the age of thirteen (13) years old;
  11. 9.11
    remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, or sharing of any content accessible through Puthika, or features that enforce limitations on the use of Puthika or any content available via Puthika;
  12. 9.12
    reverse engineer, decompile, disassemble or otherwise attempt to discover Puthika’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  13. 9.13
    modify, adapt, translate or create derivative works based upon Puthika or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  14. 9.14
    ntentionally interfere with or damage the operation of Puthika or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  15. 9.15
    use any robot, spider, scraper, or other automated means to access Puthika for any purpose or bypass any measures Puthika may use to prevent or restrict access;
  16. 9.16
    forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Puthika;
  17. 9.17
    interfere with or disrupt servers or networks related to the operation Puthika, or disobey any requirements, procedures, policies or regulations of networks connected to Puthika; or
  18. 9.18
    post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other content that in Puthika’s sole opinion detracts from the Puthika experience.
10. Account
It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If You have reason to believe that Your Account is no longer accurate or secure, then You agree to immediately notify Puthika by emailing support@puthika.com.
11. Third-Party Sites, Products and Services; Links.
Puthika may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Puthika, Puthika does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through Puthika are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12. Termination; Terms of Use Violations.
  1. 12.1 Puthika.
    You agree that Puthika, at its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) You may have with Puthika or Your use of Puthika and remove and discard all or any part of Your Account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your Account is if You do not log into Your Account for an extensive period of time; however, we will not terminate Your Account for inactivity if You continue to pay the fees associated with a Subscription. Puthika may also in its sole discretion and at any time discontinue providing access to Puthika, or any part thereof, with or without notice. You agree that any termination of Your access to Puthika or any Account You may have, or portion thereof may be effected without prior notice, and You agree that Puthika will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Puthika may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Subscription Membership, please see the Subscriber Agreement for additional terms applicable to the cancellation of Your Account.
  2. 12.2 You.
    Your only remedy with respect to any dissatisfaction with (i) Puthika, (ii) any term of these Terms, (iii) any policy or practice of Puthika, or (iv) any content or information transmitted through the Services, is to cancel Your Account and to stop using Puthika. You may cancel Your Account at any time through the account settings panel after You have logged into the Site or the App, or by sending an email to support@puthika.com requesting a cancellation of your Account. You may terminate these Terms at any time by canceling Your Account and discontinuing use of Puthika.
  3. 12.3 Effect of Cancellation or Termination.
    Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”
13. Proprietary Rights.
The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, Services, and all other elements of the Site and Apps provided by Puthika (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Puthika acknowledges that You retain ownership of any Descriptive Information You may post on Puthika, subject however to Your grant to Puthika of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of Puthika. All Materials contained on Puthika are the property of Puthika or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Puthika or its affiliates and/or third-party licensors. Except as expressly authorized by Puthika, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Services. Puthika reserves all rights not expressly granted in these Terms.
14. Indemnification.
You agree to indemnify, save, and hold Puthika, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Puthika, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Puthika reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Puthika, and You agree to cooperate with Puthika’s defense of these claims. Puthika will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUTHIKA, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUTHIKA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM PUTHIKA INCLUDES PUTHIKA’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
16. Limitation of Liability and Damages.
  1. 16.1 Limitation of Liability.
    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PUTHIKA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON PUTHIKA OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH PUTHIKA, EVEN IF PUTHIKA OR A PUTHIKA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. 16.2 Limitation of Damages.
    IN NO EVENT WILL THE TOTAL LIABILITY OF PUTHIKA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF PUTHIKA OR YOUR INTERACTION WITH OTHER PUTHIKA USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PUTHIKA DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
  3. 16.3 Reference Sites.
    THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PUTHIKA AND RECEIVED THROUGH OR ADVERTISED ON PUTHIKA OR RECEIVED THROUGH ANY REFERENCE SITES.
  4. 16.4 Basis of the Bargain.
    YOU ACKNOWLEDGE AND AGREE THAT PUTHIKA HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PUTHIKA, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PUTHIKA. PUTHIKA WOULD NOT BE ABLE TO PROVIDE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
  5. 16.5 Limitations by Applicable Law.
    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
17. Dispute Resolution.
  1. 17.1 Governing Law.
    For customers of Puthika, Inc., these Terms will be governed by and construed in accordance with the laws of Bangladesh, without giving effect to any principles of conflicts of law.
  2. 17.2 Agreement to Arbitrate.
    You and Puthika agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Puthika or content available on Puthika (collectively, “Disputes”) will be settled by binding arbitration, Without limiting the preceding sentence,You will also have the right to litigate any other Dispute if You provide Puthika with written notice of Your desire to do so by email or regular mail at within thirty (30) days following the date You first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If You do not provide Puthika with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide Puthika with an Arbitration Opt-out Notice, will be Bangladesh and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
  3. 17.3 Litigation Proceeding.
    Unless You timely provide Puthika with an Arbitration Opt-out Notice, You acknowledge and agree that You and Puthika are each waiving the right to a litigation proceeding.
  4. 17.4 Arbitration Rules.
    All disputes relating to the terms and conditions of this agreement shall be settled amicably between the two parties within 30 (thirty) days upon failure of the same within 30 (thirty) days of time such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act 2001 of Bangladesh. Each party shall appoint its own arbitrator and the arbitrators shall appoint a chairman of the arbitral tribunal. Each party shall bear their own costs of arbitration. The Place of the Arbitration shall be Dhaka and the language shall be English. The decision of the Arbitration shall be final and binding on the parties hereto.
  5. 17.5 Changes
    Notwithstanding the provisions of the “Modification of these Terms” section above, if Puthika changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email tosupport@Puthika.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Puthika’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Puthika in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
18. Miscellaneous.
  1. 18.1 Notice.
    Puthika may provide You with notices, including those regarding changes to Puthika’s terms and conditions, by email, regular mail, or postings on a Puthika-affiliated website. Notice will be deemed given twenty-four hours after email is sent, unless Puthika is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You. In such case, notice will be deemed given three days after the date of mailing. Notice posted on Puthika is deemed given ten days following the initial posting.
  2. 18.2 Waiver.
    The failure of Puthika to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Puthika.
  3. 18.3 Severability
    If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
  4. 18.4 Assignment.
    These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Puthika without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
  5. 18.5 Survival
    Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18.
  6. 18.6 Headings
    The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
  7. 18.7 Entire Agreement.
    These Terms (including all Guidelines, Notices, and Terms incorporated herein) and the Subscriber Agreement as applicable, are the entire agreement between You and Puthika relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Puthika as set forth in section 5 above.
  8. 18.8 Claims
    YOU AND PUTHIKA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO PUTHIKA MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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