TERMS OF SERVICE
You must agree to these Terms of Service
Welcome to india-list! This document describes the Terms of
Services under which india-list provides its services to you. These
terms and conditions may be reviewed and updated by india-list from
time to time. Please check this document located at
www.india-list.com/docs/terms.html for the latest version of the
Terms and Services (referred to as "TOS" hereforwith ).
These Terms of Service supersede any prior ageements between you and india-list.
2. Service india-list Provides
india-list provides its users the ability to create and search listings for
any local area , henceforth called its "Service". It also provides
automatic notifications to users, if they so wish, when there are matching
listings in india-list database.
You understand that your use of the Service is at
your own risk and that india-list provides no assistance other than the
information and help posted on the india-list Web pages.
3. Registration Responsibilities
The india-list Services are intended for general audiences.
You represent and warrant that you have adequate legal capacity to enter
into binding agreements such as these Terms of Service.
Some india-list Services may require the user to register and provide
information about themselves, such as name, e-mail address, gender,
date of birth, address and zip code (the "Registration Information").
If you register with india-list, you agree to provide accurate and complete
Registration Information and you agree to keep such information current.
4. Privacy Policy
Your registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy at
http://www.india-list.com/docs/privacy.html.
You understand that through your use of the Service you consent to the
collection and use of your information, including the transfer of this
information to the United States and/or other countries for storage,
processing and use by india-list and its affiliates.
5. Communications
You understand and agree that to provide its services and to
maintain your rmembership, india-list may contact you from time to time for matters
such change or addition of features or service, change in policy, membership
and security issues or otehr issues , etc. Such communications are a must
for maintaining membership at india-list, and they are not optional
in your membership.
5. Member Responsibilities
Member Acount Protection:
You will receive a password upon completing the registration process.
You are responsible for maintaining the confidentiality of the password and account,
You are responsible for all activity made using your india-list account.
You agree to (a) immediately notify india-list of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. india-list cannot and
will not be liable for any loss or damage arising from your failure to
comply with this.
Member Conduct:
All information, text, photographs, graphics and other
materials that you post on india-list are your sole responsibility.
This means that you, and not india-list, are entirely responsible for
all Content that you upload, post or otherwise make available via the Service.
india-list is not responsible to Monitor its Listings
india-list does not control the Content of the listings on its site,
although india-list reserves the right to do so in its sole discretion.
Hence it does not guarantee the accuracy, integrity or quality of such
Content. india-list is not liable for Content that is provided by others.
india-list reserves the right to remove Content that, in its sole opinion,
is not suitable for general audience or does not comply with these Terms
of Service, but india-list is not responsible for any failure or delay in
removing such content.
You understand that by using the Service, you may be exposed to Content
that is offensive or objectionable. Under no circumstances will
india-list be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted
or otherwise made available via the Service.
TBD
You agree to not use the Service to:
a. upload, post, transmit or otherwise make available any Content
that is offensive, pornographic,, unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or ethnically, racially or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, includign india-list staff;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. 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);
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. 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 rooms) that are designated for such
purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or resources)
to any organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through n above.
You acknowledge that india-list may or may not pre-screen Content, but that india-list
and its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or move any Content that is available via the
Service. Without limiting the foregoing, india-list and its designees shall have the
right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by india-list or submitted to it, including without
limitation information in india-list Message Boards, and in all other parts of the
Service.
You acknowledge, consent and agree that india-list may access, preserve, and
disclose your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d) respond
to your requests for customer service; or (e) protect the rights, property,
or personal safety of india-list, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by india-list and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
india-list does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the Service,
you grant india-list the following world-wide, royalty free and
non-exclusive license(s), as applicable:
" With respect to Content you submit or make available for inclusion
on publicly accessible areas of india-list Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes of providing and
promoting the specific india-list Group to which such Content was
submitted or made available. This license exists only for as long as you
elect to continue to include such Content on the Service and will terminate
at the time you remove or india-list removes such Content from the Service.
" With respect to photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible area of the Service
other than india-list Groups, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the
Service solely for the purpose for which such Content was submitted or
made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the
time you remove or india-list removes such Content from the Service.
"With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly accessible
areas of the Service other than india-list Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
india-list network of properties that are intended by india-list
to be available to the general public. By way of example, publicly
accessible areas of the Service would include india-list Message Boards and
portions of india-list Groups, Photos and Briefcase that are open to both
members and visitors. However, publicly accessible areas of the Service
would not include portions of india-list Groups that are limited to members,
india-list services intended for private communication such as india-list
Mail or india-list Messenger, or areas off of the india-list network of
properties such as portions of World Wide Web sites that are accessible
through via hypertext or other links but are not hosted or served by
india-list.
9. Indemnification
You agree to indemnify and hold harmless india-list for
losses incurred by india-list or another party due to someone else using your
account or password as a result of your failure to use reasonable care to keep
your account information confidential or as a result of hacker action.
You are responsible for any materials you post or make available on
india-list, including message board posts, chat participation and homepages.
You agree to defend, indemnify and hold harmless india-list, its vendors,
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of your use of
the india-list Services. india-list reserves the right, at its own expense
and in its sole discretion, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. In that event, and only in
such event, shall you have no further obligation to provide indemnification for
india-list in that matter.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that india-list may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days a listing is to remain in its database, the
maximum file sizes toupload, maximum listings allowed per user, etc.
You agree that india-list has no responsibility or liability for the deletion
or failure to store any listing other Content maintained
by the Service. You acknowledge that india-list reserves the right to
log off accounts that are inactive for an extended period of time.
You further acknowledge that india-list reserves the right to modify
these general practices and limits from time to time.
12. Changs to Service
india-list reserves the right to modify or discontinue existing
services or any parts tehreof from time to time , temporarily or
permanently, with or without notice. You agree that india-list shall not be
liable for any such modification, suspension or discontinuance of its Service.
13. Termination
india-list has the right to terminate your your account or your access
to india-list Services for any reason, including, without limitation,
if it, in its sole discretion, considers your use to be unacceptable,
or in the event of any breach by you of the Terms of Service (either
directly or through breach of any other terms and conditions or operating
rules applicable to you). india-list may, but shall be under no obligation
to, provide you a warning prior to termination of your use of the
india-list Services.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that india-list shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
15. LINKS
No Endorsement
india-list Services may contain links to other web sites, resources and
advertisers. india-list is not responsible for the availability of these
external sites nor does it endorse, or is it responsible for, the correctness,
suitability, appeal or subjective quality of informational content,
advertising, products or other materials made available on or through such
external sites. Under no circumstances shall india-list or any of the
affiliated providers be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused to you in
connection with the use of or reliance on any content, goods or services
available on such external sites. You should direct any concerns to such
external sites' administrator or Webmaster.
16. india-list'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") 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
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by india-list or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
india-list grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, 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 the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is
provided by india-list for use in accessing the Service.
Disclaimer of Warranty; Limitation of Liability
DISCLindia-list OF WARRANTIES. YOUR USE OF THE india-list PRODUCTS AND
SOFTWARE IS AT YOUR SOLE RISK. THE india-list PRODUCTS AND SOFTWARE ARE
PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE"
FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY,
india-list AND ITS VENDORS DISCLindia-list IMPLIED WARRANTIES THAT THE
india-list PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY,
ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
india-list AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE india-list PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE india-list PRODUCTS AND SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE india-list PRODUCTS
AND SOFTWARE WILL BE CORRECTED. india-list AND ITS VENDORS DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE india-list PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
india-list PROVIDES THE india-list PRODUCTS AND SOFTWARE ON A COMMERCIALLY
REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS
OR USE THE india-list PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING,
OR THAT india-list WILL HAVE ADEQUATE CAPACITY FOR THE india-list
PRODUCTS AS A WHOLE. LIMITATION OF LIABILITY. india-list'S ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH
india-list (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR
india-list PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE india-list
PRODUCTS AND SOFTWARE. india-list AND ITS VENDORS SHALL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE
ARISING FROM YOUR USE OF THE india-list PRODUCTS, SOFTWARE OR FOR ANY
OTHER CLindia-list RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH
india-list PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF india-list HAD BEEN ADVISED OF THE POSSIBILITY THEREOF
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLindia-list
IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, india-list AND ITS VENDORS'
LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. india-list DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY
PRODUCT OR SERVICE OFFERED THROUGH india-list PRODUCTS AND WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnification
You agree to defend, indemnify and hold harmless india-list, its vendors,
and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising
out of your use of the india-list Products. india-list reserves the
right, at its own expense and in its sole discretion, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
In that event, and only in such event, shall you have no further obligation
to provide indemnification for india-list in that matter.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17
and 18 again. They go doubly for you. In addition, for this type of
information particularly, the phrase "Let the investor beware" is apt.
The Service is provided for informational purposes only, and no Content
included in the Service is intended for trading or investing purposes.
india-list and its licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted or made
available via the Service, and shall not be responsible or liable for
any trading or investment decisions made based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
22. NOTICE
23. Trademark Information
The india-list logo and other trademarks and service marks trademarks of
LateralMedia Inc. Without LateralMedia's prior permission, you agree not
to display or use in any manner, its trade marks.
24. Copyright and Intellectual Property Infringement
india-list respects the intellectual properties of others, and we
ask our users to do the same. india-list may, disable or delete the
listings and accounts of users who infringe upon intellectual
properties of others. If you believe that your work has been copied
and is accessible on an india-list Service in a way that constitutes
copyright infringement, please contact india-list with the details.
25. General Information
Choice of Law and Forum. The TOS and the relationship between you and
india-list shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and india-list agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of india-list to exercise
or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.