Shubhavishva.co.in


Terms and Conditions Governing Membership


[Subject to revision by Shubhavishva from time to time]

DEAR USER:
PLEASE READ THESE TERMS AND CONDITIONS BEFORE REGISTRATION.
  The parties to this agreement are Shubhavishva and THE CUSTOMER (Hereinafter referred as ‘Customer/ you / User’).
  The domain name www.shubhavishva.co.in (hereinafter referred to as "Website") is owned by Shubhavishva Multiservices having its registered office at 185,Vishwakarma Bhavan,First Floor,Shaniwar Peth,Pune-411030 (hereinafter referred to as "Shubhavishva").

customer is the person who is accessing and or using the service/s provided by Shubhavishva and or end user accessing the website, its contents etc. The customer may be a person seeking for life partner or a person seeking life partner for his son or daughter etc.

By using and or accessing the services of Shubhavishva and the website, the customer has agreed to be bound by all the terms and conditions mentioned specifically hereunder.

1. Governing Act:
1.1) This document of Terms and Conditions is an electronic record in the terms of Information Technology Act, 2010 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2010. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.2) This document is published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Shubhavishva.co.in website.

2. Third Party / intermediately:
2.1) The customer hereby acknowledges and accepts that www.Shubhavishva.co.in is only a website and which is providing the information uploaded by the other users on it.

2.2) The customer hereby acknowledges and accepts that Shubhavishva and its website is only intermediary and acts as a platform to enable any user to themselves register on it (by filing the mandatory fields and optional fields, if any) to voluntarily search for profiles from database of already registered users of Shubhavishva, for seeking prospective lawful matrimonial alliances either for self or for daughter of customer or for son of customer etc. The registered office of Shubhavishva along with its various franchisees / branches also may help the customer to create your profile, however, for the same, the customers aware that he / she needs to provide the correct and true information including your operational and valid phone number and e-mail address etc.

3. General Conditions:
3.1) The customer agrees and acknowledges that his intention is to seek prospective lawful matrimonial alliances for him / her.

3.2) The customer must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before the customer may become a member of Shubhavishva.

3.3) By using and or accessing the services of Shubhavishva and the website, the customer has agreed to be bound by all the terms and conditions.

3.4) The customer must provide his/her full legal name, current address, a valid email address, mobile phone number and all such other information needed in order to complete the signup process.

3.5) The customer hereby acknowledges and accepts that Shubhavishva will use the email address and mobile phone number provided by him / her as the primary method for communication.

3.6) The customer is responsible for keeping the password secure. Shubhavishva cannot and will not be liable for any loss or damage for his/ her failure to maintain the security of the account and password.

3.7) The customer shall not transmit any worms or spams or viruses or any code of a destructive nature.

3.8) The customer shall not use the services provided by Shubhavishva for any illegal or unauthorized purpose nor shall he / she, in the use of the Service, violate any laws in your jurisdiction.

3.9) Any person if disagrees, with any of the terms and conditions mentioned herein, shall not access and use this website.

3.10) The customer agrees and acknowledges that he is aware with the policy of Shubhavishva that multiple profiles of the same person on the website. Shubhavishva reserves its rights to deactivate/block such additional profiles without any notice and refund of fees.

3.11) The customer shall not use the website to promote other matrimonial services, websites, matrimonial apps, matrimonial companies etc.

3.12) The customer agrees and acknowledges that the website shall be used only for non-commercial use.

3.13) The customer agrees and acknowledges that Shubhavishva primarily caters to community of Maharashtrian origin.

4. Security Policy :
4.1) The security of personal information of customer is important to Shubhavishva.

4.2) To secure the bank details of the customer, Shubhavishva is providing the best possible third party payment gateway on the website. The customer must go through the terms and conditions of the payment gateway, in case of any doubts.

4.3) Shubhavishva has reasonable processes and system in place to maintain confidentiality of all the personal information other than those meant for sharing with prospects furnished by customer.

4.4) However, any feedback provided by the customer to Shubhavishva shall be deemed to be non-confidential. The customer acknowledge and accepts that Shubhavishva shall by free to use such feedback without any restriction. Further, by submitting feedback, the customer also acknowledge and accept that it does not contain any confidential information of yourself and or any third party/ies. Therefore, the customer acknowledges and accepts that he / she is not entitled to claim any compensation or damages or reimbursement etc. of any kind from Shubhavishva for the feedback.

4.5) The customer acknowledges and accepts that Shubhavishva has all the rights to process the information provided by the customer through the automated process so that Shubhavishva will be in a position to provide the suitable matches to the profile of the customer from the database of Shubhavishva and Shubhavishva may also send communication to the customer in this regard.

4.6) Please read and comprehend privacy policy of Shubhavishva, which also governs the visit of the customer to the website, to understand our practises.

5. Content Policy :
5.1) Shubhavishva does not warrant that any information, documents etc. uploaded by other customers on the website will meet your expectations. The primary work of Shubhavishva is to work as an ‘intermediary’ between its customers and provide a platform to find prospective lawful alliances. The website provides only a platform and contains various profiles containing the information provided and uploaded by the customer themselves.

6. Payment of Fees and Mode of payment :
6.1) The payment made by cash / cheque / debit card / credit card / NEFT / Net banking etc. would be in accordance with the prevailing RBI guidelines.

6.2) However, the said payment made to the ‘intermediary’ Shubhavishva is only to access the profiles which are uploaded by other users on the website.

6.3) For the convenience of the customer, the facility of third party payment gateway is provided on the website so that the customer can pay the online for the intermediary services of Shubhavishva.

6.4) Activation of services of Shubhavishva is subject to the realisation of the payment.

6.5) In case of dishonour of cheque etc., the customer shall be liable to pay the extra charges charged by the bank.

6.6) The customer also acknowledges and accepts that if situation arises, where the account is activated before the realisation of payment, after dishonour of cheque etc., Shubhavishva has every right to deactivate your account, without informing the customer.

6.7) The membership payment once paid by the subscriber is not refundable.

7. Information uploaded by customers :
7.1) In no case, the customer shall hold Shubhavishva responsible, for the information uploaded by other customer.

7.2) The customer shall complete the procedure of registration with complete honesty and fairness.

7.3) The customer acknowledges and accepts that Shubhavishva is providing the services for helping its members to find the life partner through process of automated searching, shortlisting and contacting prospects amongst the registered members of Shubhavishva.

7.4) The customer acknowledges and accepts that only after the customer registers himself on the website after making payment of the membership fees, he will become member of Shubhavishva. The customer agrees that Shubhavishva shares the details of the customer on the website on as is where is basis and Shubhavishva shares the profile of the customer with other members of Shubhavishva having within MCL consortium of website.

7.5) The website is only to provide interface to the registered members so that they can search for their life partners without any help from third parties.

7.6) The customer agrees and acknowledges that the system generated search results are only of the profiles of registered members of Shubhavishva.

7.7) The customer agrees and acknowledges that automated system generated results of matches are based on the partner preference set by each such member of Shubhavishva in comparison with the profile of the customer.

7.8) The customer agrees and acknowledges that Shubhavishva cannot guarantee or assume any responsibility for any specific results from the use of data available from the services of Shubhavishva or from the consortium of website.

7.9) The customer agrees and acknowledges that Shubhavishva may allow the third parties to provide services like ‘kundali’, horoscope etc. However, The customer agrees and acknowledges that in no case, Shubhavishva shall be held responsible for the services provided by the third parties. Shubhavishva may also collect payment for such third party services from the customer on behalf of the third parties.

8. Responsibility of the customer :
8.1) The customer shall keep their username and password safe and shall not share the same with any third persons.

8.2) In case of any modification in the profile of the customer, the automated system generated results may also change, due to the same.

8.3) The customers shall take due care and precaution while relying on the information provided by the members of Shubhavishva and before shortlisting the liked profiles. The customer shall satisfy himself through due diligence, adequate efforts before making a choice of match.

8.4) The customer agrees and acknowledges that in no case, Shubhavishva shall be held responsible for any misrepresentation made by its other members.

8.5) The customer agrees and acknowledges that Shubhavishva has not done any verification before uploading the information provided by its other members and the customer is expected to verify the contents and credentials of the prospects like family background, annual income, degree, educational background, character, occupation, health status, marital status, location etc.

8.6) The customer agrees and acknowledges that they shall provide their latest photograph for better results. The customer agrees and acknowledges that photographs of third parties shall not be uploaded in any case.

8.7) The customer agrees and acknowledges that the purpose of registration with Shubhavishva is to find matrimonial prospect only and nothing else.

9. Intellectual Property Rights :
9.1) Shubhavishva is the owner of the Intellectual property rights other than the content which is uploaded and posted by the customer himself. Therefore, Shubhavishva shall take necessary legal action, in case of any infringement of the same.

9.2) The customer, hereby agrees, not to get engaged in any of the activities that would commit an infringement of the Intellectual Property Rights owned and possessed by Shubhavishva.

10. Communication with members :
10.1) The customer agrees and acknowledges that Shubhavishva shall use the e-mail address, phone number etc. provided by the customer as medium of communication with the customer.

10.2) The customer agrees and acknowledges that Shubhavishva may by way of e-mail, voice call, recorded call, SMS etc. provide information of additional / new services, other activities of Shubhavishva etc. The customer agrees and acknowledges that the mobile number provided by the customer is not registered with do not disturb category.

10.3) The customer agrees and acknowledges that immediately after registering with Shubhavishva, he has given his consent to such e-mails, voice calls, recorded calls, SMS etc. stated hereinabove and in case of such communication by Shubhavishva, the customer shall not make any complaint to any authority. Such voice calls, recorded calls, emails, SMS etc. shall not be treated as promotional calls etc.

11. Divorced:
Shubhavishva has added the herein mentioned new category for the customers looking for re-marriage. The following terms and conditions are applicable to the customers looking for re-marriage only, along with other terms and conditions. However, these terms and conditions shall, in no case, apply to the customers looking for their first marriage.

11.1) Divorced
i. Customer agrees and acknowledges that, it is the responsibility of the customer applying under this head to provide the certified copy of Decree of Divorce filed before the Hon’ble court.
ii. Customer agrees and acknowledges that, in no case Shubhavishva shall be held responsible for authenticity of the Decree of Divorce.
iii. Customer agrees and acknowledges that, it the responsibility of the customer to check the authenticity of the said certified Decree of Divorce.

12 Indemnify :
12.1) The customer agrees to defend, indemnify and hold harmless Shubhavishva, its officers, assigns and employees, from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: i. use of the customer and access to the website and/or the Services; and or 
ii. violation of any of the above mentioned term/s by the customer; and or 
iii. violation of any third party right, including privacy right of the customer;
This clause will survive termination, modification or expiration of these Terms and conditions which means that the said violation shall not relive the customer of the obligations arising or accruing prior to such violation.

13 Ability to accept these terms and Conditions :
13.1) The customer using the website should abide the membership eligibility criteria, that of being above 18 years of age, if the customer is a women and 21 years of age, if the customer is a man.

13.2) The customer shall be of sound mind.
13.3) The customer shall be eligible to enter into a valid contract.
13.4) In case, the customer is in violation of this term and condition, Shubhavishva shall not be held responsible in any case.

14 Rights of Admission :
14.1) The customer using the website should abide the membership eligibility criteria, that of being above 18 years of age, if the customer is a women and 21 years of age, if the customer is a man.

14.2) The customer shall be legally competent to marry as per the law applicable to the customer.

14.3) The customer agrees and acknowledges that he is not prohibited, prevented by any law, applicable for the time being in force, from entering into a valid marriage.

14.4) The customer shall not use any images or information provided on the site for any recreational or pornographic purposes; or repost any advertisement of this particular site to any other mediums claiming it as their own and utilise its benefits.

15 Indian Currency :
15.1) For the online payment options, kindly read terms and conditions of our payment gateway.

16. Renewal Policy :
16.1) The customer agrees and acknowledges that one month prior to the expiry of the period of membership, the renewal option is kept open. E.g. If membership is expiring on August 31, 2019, the option of renewal will open for the said customer, one month prior to the expiry i.e. on July 31, 2019.

16.2) The customer agrees and acknowledges that if the membership is renewed, after the period of one month from the date of expiry of membership, it may be treated as new membership. E.g. If membership is expiring on August 31, 2019 and the membership is renewed by the said member on October 01, 2019, it may be treated as new membership.

16.3) The customer agrees and acknowledges that during the period of membership, the customer cannot keep the said membership on hold in any event or circumstances.

17 Dispute between Members:
17.1) The customer agrees and acknowledges that he/ she, in no case, shall hold Shubhavishva responsible, for any dispute that has arisen, with other member/s.

17.2) The customer agrees and acknowledges that he is solely responsible for the acts and communications, done by him on the website.

17.3) The customer agrees and acknowledges that Shubhavishva and the website are not acting as broker of any of the customer (prospect, match etc.)

17.4) Customer agrees and acknowledges that he does not want that Shubhavishva has any obligation to monitor such disputes. Customer also agrees and acknowledges that Shubhavishva shall not be made party in case of such disputes.

17.5) Shubhavishva has no obligation of whatsoever nature, to monitor such disputes and Shubhavishva shall not be added as party to the same.

18. Jurisdiction and applicable law :
18.1) The customer registered with Shubhavishva and availing any of the services of Shubhavishva including website is deemed to have entered within the territorial jurisdiction of Pune, Maharashtra, India only.

18.2) The customer acknowledge and accept unconditionally that in case of any dispute, differences, they shall be governed by the laws of Republic of India and shall have exclusive jurisdiction of appropriate court of law in Pune, Maharashtra, India only.

19. Content Rights :
19.1) The customer agrees and acknowledges that Shubhavishva.co.in is a domain registered in the name of Shubhavishva. The customer agrees and accepts that the content appearing on the website, excluding content provided by customers and advertisements, belongs to Shubhavishva.

19.2) The customer agrees and acknowledges that the customer is responsible for the content (options and mandatory) provided by him / appearing on the website in his profile including all the posts and communication with other customers. The customer agrees and acknowledges that he alone is the owner of all the content appearing on his profile on the website.

19.3) However, the customer also agrees and acknowledge that he has given license to Shubhavishva to use such content, by submitting such content on the website,to use the same anywhere worldwide. The customer also agrees and acknowledges that such worldwide license, given to Shubhavishva is royalty free, transferable to any other licensee. The customer also agrees and acknowledges that Shubhavishva shall be free to publish, display, advertise such content anywhere, make a public display of the same, distribute the same etc. The customer also agrees and accepts that Shubhavishva, if needed shall provide such content to law enforcing agencies, produce it before court of law etc.

19.4) Shubhavishva reserves its rights to initiate appropriate legal proceeding against the customer for infringement of the proprietary rights of Shubhavishva. In case, proprietary information of the Shubhavishva is conpies, modified, transmitted, published, distributed, used etc. in any manner whatsoever nature, by the customer, and or used the same for commercial purpose of any nature, in such case, Shubhavishva reserves its rights to take appropriate legal action against such customer.

19.5) The customer also agrees that the content provided by the customer, if required, shall be deleted by Shubhavishva, without any notice which might be offensive, harmful, illegal, defamatory, obscene or against public policy.

20 Breach:
20.1) The customer agrees and acknowledges that Shubhavishva sue moto and or if, Shubhavishva receives any complaint from other customers that the customer is using the profile for the purposes other than for finding prospective lawful matrimonial alliance like physical favour, financial help, any type of personal relationship other than marriage, or that the information provided on the profile of the customer is not true, fake, false or that the information of customer is misrepresenting, in such case Shubhavishva has all the rights to terminate your membership and deactivate the account/ profile, without any notice to the customer and in such case, the provisions stated in clause no. 25 ‘termination’ shall apply to customer.

21 Packages:
21.1) The customer agrees and acknowledges that Shubhavishva provides one package for unmarried members. Gold Package – 1 year

21.2) The customer agrees that Shubhavishva does not provide service of any independent investigation of profiles which are suggested to you.

21.3) The customer agrees that the profile should be filled completely with 1 mandatory photo.

21.4) The customer agrees that address proof shall be verified in the profiles itself (as the members mention only city and not the complete address).

22. Customer care :
22.1) If you have any doubt, query, complaint regarding our services, packages etc. kindly feel free to call us on the following Phone number/s:
9175523203/7972458469
Mrs.Swaroopa Deolankar
Office:185,Vishwakarma Bhavan,First Floor,Shaniwar Peth,Pune – 411030
You can call from 11am to 6pm on any day of the week except Monday.
You can place your doubt, query etc. by sending us an e-mail on info@shubhavishva.co.in

23. Limited liability :
23.1) The customer agrees and acknowledges that Shubhavishva is a third party and in case of exchange of profiles through Shubhavishva and or by Shubhavishva shall not, in any case, be held as a matrimonial offer and or advice and or recommendation and or suggestion and or any kind of guarantee to the customer by Shubhavishva.

23.2) In no case, Shubhavishva, its director/s, any of the officer bearers, staff, employees, Power of Attorneys, authorised representatives etc. shall be held responsible for any direct, indirect, incidental and or consequential damage resulting from the use of the website, services provided by Shubhavishva.

23.3) In no case, the liability of Shubhavishva shall be held as more than the amount paid by the customer to Shubhavishva for the membership.

23.4) The customer agrees and acknowledges that Shubhavishva shall not be held responsible in case of wrong match or in case, the couple gets divorced after marriage etc.

23.5) The customer agrees and acknowledges that the employees, office bearers, staff etc. of Shubhavishva shall not be held responsible, if staff member/s approach other member/s with proposal of marriage and the other member/s does not respond back.

23.6) The customer agrees and acknowledges that the employees, office bearers, staff etc. of Shubhavishva shall not be held responsible, the customer enters into an agreement with other member/s of Shubhavishva.

24 Verification :
24.1) The customer agrees and acknowledges that Shubhavishva may provide ‘verification tick’ on the profile after comparing the documents provided by the customer to Shubhavishva with the information provided by the customer in his profile appearing.

24.2) The customer agrees and acknowledges that the said verification is only limited towards the documents provided by the customer. The customer agrees and acknowledges that the said verification will not extend to the information of which no document is provided by the customer.

24.3) The customer agrees and acknowledges that Shubhavishva has accepted the documents provided by the customer. In no case, Shubhavishva shall be held responsible if the said documents, provided by the customer are forged, false, incorrect, tampered etc.

24.4) The customer agrees and acknowledges that it is not the responsibility of Shubhavishva to investigate and or check the validity of such documents provided by the customer. E.g. If a degree certificate is provided by customer, it is not duty of Shubhavishva to check the records of the said University for checking the validity of the said document.

24.5) The customer agrees and acknowledges that ‘verification tick’ is in no way any kind of guarantee or surety etc. by Shubhavishva.

24.6) The customer agrees and acknowledges his / her responsibility to cross check the validity of the documents with the information provided by the other member, even if such member is having ‘verified tick’ in front of his profile. Documents shall not be provided to any other person by Shubhavishva.

25 Termination :
25.1) The customer agrees and acknowledges that Shubhavishva has every right to terminate his / her membership, in case of failure on the part of customer, to follow any of the terms and conditions, without any notice and without furnishing any reason and in case of termination, the customer agrees and acknowledges that all the amount paid by him / her to Shubhavishva shall be forfeited.

25.2) The customer agrees and acknowledges that in case of termination, the right to use the services of Shubhavishva including website shall be ceased immediately.

25.3) This clause will survive termination, modification or expiration of these Terms and conditions which means that the said termination shall not relive the customer of the obligations arising or accruing prior to such termination.

26 Right to modify terms and conditions :
26.1) Shubhavishva reserves the right to modify the terms and conditions, at any time without any notice, so please review it frequently. If we make material changes to this policy, we will notify you here only.

APPLICABLE LAW:
The membership is deemed to have been entered into at Pune, India and the laws of India will govern the membership. Disputes arising out of or in any way affecting the membership including interpretation of any of the terms are to be referred to arbitration under the Arbitration and Conciliation Act, 1996 [Indian Act] before a sole Arbitrator

Any of the registered profile (with photos) on Shubhavishva.co.in may be used on the Shubhavishva website for the display purpose. 

Shubhavishva.co.in reserves full rights to decide where, when and how to display these randomly picked profiles on the website

In case of specially challenged members it should be expressly understood by the members that the physical or otherwise disability of the person is to be verified and fully understood with the help of a medical practitioner of your choice. This is to be done by the member himself. Shubhavishva is in no way involved in this or responsible for it. 

Change of membership fees is at the sole discretion of Shubhavishva.

Online Conduct:
You are responsible for the content and information [including profile and photograph] you post or transmit through Shubhavishva.co.in's services. You will not post or transmit any content or information [in whatever form they may be contained] that is defamatory, blasphemous, abusive, obscene, sexually oriented, profane, intimidating, illegal or in violation of the rights of any person, including intellectual property rights. No content or information shall contain details or particulars of any of Shubhavishva.co.in's competitors, including their contact details. You will not use either your online or offline membership as a platform for any kind of promotional campaign, solicitation, advertising or dealing in any products or services or transmit any chain letters or junk mails.

Your membership will automatically be suspended if you send "abusive, obscene or sexually oriented" message/s to other members.

Shubhavishva.co.in has the right to suspend your profile without any prior notice

Shubhavishva.co.in reserves the right to edit/delete your photo/horoscope if it's not a valid/clear/related one.

If we find duplicate profiles then we have rights to suspend any of the profile or all the profiles.

Messages sent to members of the opposite gender should be only for the purpose of finding a life partner. You are not allowed to misuse the service in the name of "Dating", "Flirting", "Friendship" etc.

Shubhavishva.co.in reserves the right to modify your profile if any prohibitive or objectionable content is found, or in the case of your contact details being entered in irrelevant fields.

Shubhavishva.co.in may also modify the profile for other reasons not mentioned herewith. If any abusive content is found in your video clipping, Shubhavishva.co.in has the right to suspend your profile.

You will not post or transmit any content, information or trademarks without the prior consent of the person holding its proprietary or licensed rights.

Shubhavishva.co.in will not in any way be responsible or answerable to any action brought by any person arising out of your acts as described above

Shubhavishva.co.in reserves the right but is not obligated, to edit, delete, eclipse or withhold display of such content or information as it deems fit in the light of the rules prescribed above.
To enhance the security of its members, Shubhavishva.co.in has restricted copying and saving images and content from certain sections of the portal. We validate only the profile details of the member. Character verification has to be done by interested parties themselves.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SHUBHAVISHVA.CO.IN ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHUBHAVISHVA.CO.IN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHUBHAVISHVA.CO.IN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHUBHAVISHVA.CO.IN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SHUBHAVISHVA.CO.IN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHUBHAVISHVA.CO.IN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

As to extraneous contents:

Shubhavishva.co.in hereby alerts and warns its members of the possibility of unauthorized posting of contents by any person including members and unauthorized users and advises discretion in access since such content, information or representation may not be suitable to you including being offensive. Shubhavishva.co.in will not in any way be responsible for such content, information or representations. Shubhavishva.co.in is also not responsible for alterations, modifications, deletion, reproduction, sale, transmission or any such misuse of data and content in the public domain by any user.