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TERMS OF SERVICE AND CONDITIONS OF USE.
Dear
Users,
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. By using this site, you signify your assent
to these terms of use. If you do not agree to these terms of
use please do not use the site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of
these terms at any time. Please check these terms periodically
for changes. Your continued use of India47.com following
the posting of changes to these terms (including the
India47.com Privacy
Policy) will mean you accept those changes.
RESTRICTIONS
ON USE OF MATERIALS
This site is operated by India47.com and its affiliates,
(collectively referred to as "India47.com,"
"we," "us," or "our" herein). No
material from India47.com or any Web site owned, operated,
licensed, or controlled by India47.com may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy
of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all
copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a
violation of India47.com's copyright and other proprietary
rights. For purposes of these terms, the use of any such
material on any other Web site or networked computer
environment is prohibited. All trademarks, service marks, and
trade names are proprietary to India47.com.
In the event
you download software from the site, the software, including
any files, images incorporated in or generated by the
software, and data accompanying the software (collectively,
the "Software") are licensed to you by India47.com.
We does not transfer title to the Software
to you. You own the medium on which the Software is recorded,
but India47.com retains full and complete title to the
Software, and all intellectual property rights therein. You
may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a
human-readable form.
SUBMISSIONS
India47.com is pleased to hear from its loyal fans and
welcomes your comments regarding India47.com products,
including India47.com's online services. Unfortunately,
however, India47.com's long-standing company policy does
not allow it to accept or consider creative ideas,
suggestions, or materials other than those it has specifically
requested. We hope you will understand that it is the intent
of this policy to avoid the possibility of future
misunderstandings when projects developed by India47.com's
professional staff might seem to others to be similar to their
own creative work. Accordingly, we must, regretfully, ask that
you do not send us any original creative materials such as
stories or character ideas, screenplays, or original artwork.
While we do value your feedback on our services and products,
we request that you be specific in your comments on those
services and products, and not submit any creative ideas,
suggestions, or materials.
If at our
request you send certain specific submissions (e.g., postings
to chat, boards, or contests) or, despite our request that you
not send us any other creative materials, you send us creative
suggestions, ideas, notes, drawings, concepts, or other
information (collectively, the "Submissions"), the
Submissions shall be deemed, and shall remain, the property of
India47.com. None of the Submissions shall be subject to
any obligation of confidence on the part of India47.com,
and India47.com shall not be liable for any use or
disclosure of any Submissions. Without limitation of the
India47.com, India47.com shall exclusively own all now
known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled
to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to
the provider of the Submissions.
FORUMS
AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail
function offered as part of India47.com. You shall not
upload to, distribute through, or otherwise publish through
India47.com any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable
that would constitute or encourage a criminal offense, violate
the rights of any party, or that would otherwise give rise to
liability or violate any law.
The Forums
shall be used only in a noncommercial manner. You shall not,
without our express written approval, distribute or otherwise
publish any material containing any solicitation of funds,
promotion, advertising, or solicitation for India47.comods
or services. You specifically acknowledge that soliciting
other India47.com guests to join or become members of any
commercial online service or other organization is expressly
prohibited. You must also follow the House
Rules whenever you are using India47.com.
It is our
policy to respect the privacy of all guests. Therefore, in
addition to the privacy of Registration data (see our Privacy
Policy), we will not monitor, edit, or disclose the
contents of a guest's e-mail unless required in the course of
normal maintenance of India47.com Network and its systems
or unless required to do so by law or in the Bollywood
2001od-faith belief that such action is necessary to:
(1)comply with the law or comply with legal process served on
India47.com; (2) protect and defend the rights or property
of India47.com; or (3) act in an emergency to protect the
personal safety of our guests or the public. Guests shall
remain solely responsible for the content of their messages.
By uploading
materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such
materials has expressly granted) us a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from and distribute such materials or
incorporate such materials into any form, medium, or
technology now known or later developed throughout the
universe. In addition, you warrant that all so-called
"moral rights" in those materials have been waived.
Never assume
people are who the say they are, know what they say they know,
or are affiliated with whom they say they are affiliated with
in any chat room, message board, or other user generated
content area. Information obtained on message boards or in
chat rooms is no substitute for independent research, and it's
not a India47.comod idea to trade or make any investment
decisions based solely or largely on information you can't
confirm. India47.com cannot be responsible for the content
or accuracy of any information, and shall not be responsible
for any trading or investment decisions made based on such
information.
CONTENT
LINKED TO INDIA47.COM
India47.com encourages you to exercise discretion while
browsing the Internet using this service. India47.com may
produce automated search results or otherwise link you to
sites containing information that some people may find
inappropriate or offensive. India47.com makes no
representations concerning any effort to review the content of
sites listed in our catalog (indeed, given the size of our
catalog and the frequency with which it is updated, such
review would be practically impossible). Consequently,
India47.com is not and cannot be held responsible for the
accuracy, copyright compliance, legality or decency of
material contained in sites listed in our search results or
otherwise linked to the India47.com NETWORK site.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
India47.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
India47.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. India47.com DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
India47.com) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
DISCLAIMER
REGARDING SEARCH
Search and Directory are free services offered by INDIAN INDEX
and ATOMZ. Because the Web changes constantly, no search
engine technology can possibly have all accessible sites at
any given time. Thus, India47.com explicitly disclaims any
responsibility for the, content or availability of information
contained in our search index or directory.
In no event
shall India47.com be liable to anyone for any delays,
inaccuracies, errors or omissions with respect to the
Information or the transmission or delivery of all or any part
thereof, for any damage arising there from or occasioned
thereby, or for the results obtained from the use of the
Information. India47.com will not be responsible if any
Information infects or contaminates a User's system or
information. The entire risk as to the quality and performance
of India47.com and the accuracy, adequacy, completeness,
current ness, validity and quality of any Information is with
the USER.
DISCLAIMER
TO USERS OF INDIA47.COM
India47.com has created India47.com Shop in order to
help you find as many prominent online retailers as possible,
rather than to endorse only a few, as other sites do. Although
we have reviewed each site linked from the India47.com
Shop, the sites that are linked to India47.com from
merchants or other Shop Channels are owned and operated by
independent retailers, and therefore, we cannot ensure that
you will be satisfied with their products, services, or
business practices.
That said,
please understand that by viewing the India47.com Shop you
are acknowledging and agreeing to the following terms and
conditions:
The
merchandise, products or services (collectively, the
"Merchandise") offered to you from links from the
India47.com are provided by third parties who are not
affiliated with India47.com. India47.com does not
endorse any of the Merchandise, nor has India47.com taken
any steps to confirm the accuracy or reliability of any of the
information contained in such third parties' submissions to
India47.com or the India47.com or the Web sites of such
third parties. India47.com cannot, and does not, make any
representations or warranties as to the security of any
information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party. You are strongly encouraged to make whatever
investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of
these third parties.
INDEMNIFICATION
MEMBER IS ENTIRELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF MEMBER'S PASSWORD AND ACCOUNT. FURTHERMORE,
MEMBER IS ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES
WHICH OCCUR UNDER MEMBER'S ACCOUNT AND AGREES TO INDEMNIFY,
DEFEND, AND HOLD HARMLESS THE PROVIDERS FOR ANY LIABILITY OR
EXPENSE ARISING FROM SUCH USE OR MISUSE. MEMBER AGREES TO
IMMEDIATELY NOTIFY THE PROVIDERS OF ANY UNAUTHORIZED USE OF
MEMBER'S ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO
MEMBER.
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL INDIA47.COM BE LIABLE FOR ANY OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THIS SITE, EVEN IF India47.com OR AN
India47.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL India47.com'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF
ANY, FOR ACCESSING THIS SITE.
TERMINATION
These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying all
materials obtained from any and all India47.com NETWORK
site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of these
terms or otherwise. These terms will terminate immediately
without notice from India47.com if in India47.com's sole
discretion you fail to comply with any term or provision of
these terms. Upon termination, you must destroy all materials
obtained from this site and any and all other India47.com
site(s) and all copies thereof, whether made under the terms
of these terms or otherwise.
OTHER
These terms shall be India47.comverned by and construed in
accordance with the laws of the State of California, without
giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal
courts located in Santa Clara County, California and you
hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity
and enforceability of any remaining provisions. This is the
entire agreement between us relating to the subject matter
herein and shall not be modified except in writing, signed by
both parties.
To be effective, the notification must be a written
communication that includes the following:
1. A physical
or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a
representative list of such works at that site;
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service
provider to locate the material;
4. Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail
address at which the complaining party may be contacted;
5. A statement that the complaining party has a India47.com
faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the
law;
6. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
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