1)In this the following expressions have the following respective meanings unless the context otherwise requires: "Online publisher" means Nish Webtech pvt Ltd.
" Advertiser" means the individual or company submitting the ‘Free’ online registration form for posting their information /images/pictures in the website for public display-‘individuals posting profile under categories - Models / Actors / Actress / Dancers / Singers / Commedians / , Individuals or Companies posting Information in category modelling agencies , Individuals or Companies posting information in category phtographers , Individuals or Companies posting information in category Auditions / Casting , individuals or companies posting information in paid advertisements. "Website" means the particular website: www. nishdiva.com.

2.Full payment has to be made in advance by online payment to Nish Webtech Pvt. Ltd. for publishing of Paid advertisement .

3.Posting of Paid Advertisements OR Posting of Free - Profile / Picture / Images / information by an Individual or Company will be considered as acceptance of Terms & Conditions by you.

4. No Liability of company :-

5. The company / online publisher reserves the right to display the ‘information/images/pictures/videos posted in your profile’ by you for public view in full or parts and also reserves the right not to Display the ‘profile /images/pictures/ videos/information’ which the company/online publisher feels is not upto the standard or against the company policy or against public intrest.

6. The company reserves the right to remove from public display any ‘profile / image / picture / information /advertisement’ without giving prior notice or any kind of intimation to you ( individual person or company) .

7. Our Use of Your Registration Information / Content & images / pictures :

You understand and agree that the Company will Display in your profile posted in the website www.nishdiva.com the ‘Information / Images/ photographs / videos contained in your registration Form under categories - Modeling Agencies , Auditions/Castings , Photographers , Male Models profile , Female models profile ,Male Actors profiles ,Female Actress profile ,Male Singers profile ,Female singers profile ,Male Dancers profile ,Female dancers profile,Male Commedians profile , Female commedians profile & Videos uploaded by you or Advertisements posted by individual or companies. We reserve the right to contact you via email or telephonically.

For Informations posted under categories- ‘Male Models profile , Female models profile , Male Actors profiles , Female Actress profile , Male Singers profil , Female singers profile, Male Dancers profile ,Female Dancers profile , Male commedians profile, Female Commedians profile’ the company has the right to let you get contacted via the website www.nishdiva.com ( through send message in your profile ). Your address , telephone number ,Mobile number & e mail ID will not be displayed in your profile to site users , All other information & pictures/images will be displayed in your profile for site users. Site users can contact you only via send message in your profile.

For Information posted under categories – ‘Audition/castings , Modeling Agencies , Photographers’ the company has the right to let you get contacted via the website www.nishdiva.com or through your e mail ID or Telephonically by the site Users . All contact details & images / information as posted by you in registration form will be displayed in your profile to site users.
You are solely responsible for all the content you post on the Site, and you warrant that you have the right to all this content. When you post this content on the Site you give us the right to do whatever we wish with this information.

8.

Advertisers Representations: 
The advertiser warrants and represents to the online publisher that: 

it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;

it has complied with the codes of practice of Advertising Standards in respect of electronic and on-line advertising and all other relevant industry codes of practice;

it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who will see the advertisement displayed by the online publisher.
The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services.
The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser's prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.

9. The online publisher reserves the right to re-design parts of the advertisement or the whole advertisement detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice.

10. Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is acknowledged by the online publisher in writing.

11. Cancellation of advertisement will be accepted only by email only upto 48 hrs from date of online submitting of advertisement order. cancellation damages of 50% of the advertisement amount will be deducted by the online publisher and the balance amount will be refunded.

12. All contents of advertisements are subject to online publisher's approval. The online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any website page controlled by the online publisher, or reject any URL link embodied within any advertisement.

13. The advertisement will be uploaded/ published on the website within 7 days from date of credit of payment in the account of the publisher.

14. The agreed duration will begin from date of uploading/publishing of advertisement on the website.

15. The advertiser must notify the online publisher by email of any inaccuracy or changes that need to be made within 48 hours from date of uploading of text.

16. Use of indecent words/text/language/pictures is prohibited, and such words/text/language/pictures would be automatically deleted from advertisement by the publisher and the advertiser will not have any claim towards such deletions.

17. Limitation of Liability The online publisher will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party). 

18. The advertiser acknowledges that any website on which an advertisement is displayed is provided on an "as is" and "as available" basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.

19. No conditions other than those set forth in here shall be binding on the online publisher.

20. The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher.

21. These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.

22. The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.

23. Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

24. These terms and conditions shall be governed by and construed in accordance with Indian law and the parties hereby submit to the exclusive jurisdiction of the chennai courts in respect of any dispute or matter arising out of or connected with these terms and conditions.