Terms
PLEASE READ THE FOLLOWING TERMS
CAREFULLY BEFORE USING THIS WEBSITE.
The operator of this website (“we” or “us”) offers
access to the website (the “Site”) conditioned on your acceptance without
modification of the terms, conditions and notices contained herein
(collectively, “Terms”) and the Privacy Policy displayed on the Site. In
addition, particular features, applications and activities offered as part of
the Site may also be subject to additional terms specified in connection with
such features, applications and activities, all of which are incorporated
herein by reference.
BY ACCESSING OR USING THE SITE, YOU
AGREE TO THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY
POLICY, DO NOT USE THE SITE.
Please review the Applicable Laws and Disputes
section of these Terms for complete details.
MODIFICATION OF THESE TERMS
From time to time, we may change these Terms. When
we do, the “Last Updated” line above will be revised. You are responsible for
regularly reviewing these Terms. Your continued use of the Site following the
posting of changes to the Terms indicates your acceptance of those changes.
Unless we provide you with specific notice, no changes to the Terms will apply
retroactively.
ELIGIBILITY
The Site is not intended for use by people who are
younger than age 13. Do not use the Site if you are under 13.
PERSONAL USE OF SITE
The Site is for your personal, non-commercial use
only. You shall not sell or commercially exploit in any manner the Site, access
to the Site or any of the content that is featured or displayed on the Site
(“Content”). You shall not modify, distribute, transmit, display, perform,
reproduce, publish, create derivative works from or transfer any of the Content
without our express written permission. You acknowledge that any unauthorized
use of any Content could cause irreparable harm to us and agree that in the
event of any such unauthorized use, we will be entitled to an injunction in
addition to any other remedies available at law or in equity.
We may suspend or terminate your account or your
use of the Site at any time, for any reason or for no reason, including in the
event that you violate these Terms, we are unable to verify or authenticate any
information you provide to us or we believe that your actions may cause losses
to, or legal liability for, you, other users of the Site or us.
You shall not use any robot, spider, scraper or
other automated means to access the Site or any website provided as part of the
Site for any purpose without our express written permission. You shall not (a)
take any action that imposes, or may impose, in our sole discretion an
unreasonable or disproportionately large load on our infrastructure, (b)
interfere or attempt to interfere with the proper working of any of the Site or
(c) bypass any measures we may use to prevent or restrict access to the Site.
USER SUBMISSIONS
Any comment, material, information or other
communication that you post, upload or submit to the Site or that is displayed
on the Site at your direction (each a “Communication”) will be considered
non-confidential and non-proprietary, and we will be under no obligation to
maintain the confidentiality of any Communication.
You are responsible for your Communications. You
shall ensure that your Communications do not infringe any copyright or
trademark, do not defame or constitute trade libel with respect to any person,
entity, product or service, or violate any other rights of any other of another
person or entity. You shall be solely liable for any claims, damages or other
liabilities resulting from your use of the Site or your uploading, posting, or
submission of any Communication or the content of any of your Communications.
Any opinions, advice, statements or other
information contained in Communications are those of the author and not of us.
We do not endorse or guarantee the accuracy, completeness or usefulness of any
Communication. Please do your best to ensure that your own Communications are
accurate.
By posting, uploading or otherwise submitting any
Communication, you grant to us a non-exclusive, perpetual, irrevocable,
royalty-free, fully paid-up worldwide, fully sublicensable right to use,
reproduce, modify, adapt, publish, sell, translate, create derivative works
from, archive, aggregate, distribute, transmit, perform and display such
Communication and your name, likeness, voice, statements and endorsements as
incorporated therein, in whole or in part, in any manner and in any media,
format or technology, whether now or later known or developed, including all
promotion, advertising, marketing, merchandising, publicity and any other
ancillary uses thereof, and including the unlimited right to sublicense such
rights, in perpetuity throughout the universe, without any further notice or payment
to or permission from you.
We may, but are not obligated to, monitor or review
Communications. We are not in any manner responsible for the content of
Communications. By providing you with the ability to view and distribute
user-generated and/or user-submitted content on the Site, we are not
undertaking any obligation or liability relating to any such content, including
without limitation any liability arising under the laws relating to copyrights,
trademarks, defamation, privacy or obscenity or any other applicable law.
However, we reserve the right to block or remove any Communication, including
without limitation any Communication that in our sole discretion we determine
violates the Code of Conduct.
LIABILITY DISCLAIMER FOR EDITORIAL
CONTENT
The Site contains reviews, opinions and information
regarding products and services manufactured or provided by third parties. We
are not responsible in any way for such products and services, and nothing
contained on the Site should be construed as a guarantee of the functionality,
utility, safety or reliability of any product or services reviewed or discussed
on the Site. Please follow the directions provided by the manufacturer or
service provider when using any product or service reviewed or discussed on the
Site.
Although we use reasonable efforts to ensure that
the Content we prepare is accurate and informative, we cannot guarantee the
accuracy or completeness of the Content. Under no circumstances will we be
liable in any way for any Content, including, but not limited to, any errors or
omissions in such Content, any loss or damage of any kind incurred as a result
of your reliance on such Content or the use of any product or service reviewed
or discussed in such Content.
The Site may from time to time include Content
concerning medical/legal/financial/ health-related products or services.
However, we do not provide medical/legal/financial advice. The reader should
consult his or her medical/legal/financial professional before adopting any
suggestion contained in, drawing any inference from or taking any other action
in reliance on any Content that addresses such issues.
The Content Provided on this site/blog is for
educational purposes only. We are not responsible for any adverse consequences arising
out of your use of our advice and opinions.
DISCLAIMER
We make no warranties or representations about the
accuracy or completeness of any Content or any Communication.
ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND
FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING
THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR
COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF THEY
ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES,
OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO
USE, OR PERFORMANCE OF THE INFORMATION, SITE, PRODUCTS, FUNCTIONALITY AND
MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold us
harmless from and against all losses, expenses, damages and costs, including
reasonable attorneys’ fees, resulting from any violation by you of these Terms
and/or your use of the Site.
APPLICABLE LAW AND DISPUTES
These Terms will be governed by and interpreted in
all respects in accordance with the substantive laws of the India, without
regard to its choice of law provisions. You hereby irrevocably consent to such
venue and to the exclusive jurisdiction of any such court over any such
dispute. Any and all disputes directly or indirectly arising out of or relating
to the Terms or the Site will be resolved individually, without resort to any
form of class action. Any and all claims, judgments and awards will be limited
to actual out-of-pocket costs incurred, and in no event shall you be entitled
to recovery of attorneys’ fees. Under no circumstances will any claimant be
permitted to obtain any award for, and you hereby waive all rights to claim,
punitive, special, incidental or consequential damages and any and all rights
to have damages multiplied or otherwise increased and any other damages, other
than for actual out-of-pocket expenses.
Any cause of action or claim you may have directly
or indirectly arising out of or relating to the Terms or the Site must be
commenced within one (1) year after the claim or cause of action arises.
Our failure to insist upon or enforce strict
performance of any provision of these Terms shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these Terms. We may assign our
rights and duties hereunder to any party at any time.
We make no representation that the contents of the
Site are appropriate or available for use in locations outside of India. Access
to the Site from territories where their content is illegal is prohibited.
Those who choose to access the Site from locations outside of the India do so
on their own initiative and risk and are responsible for compliance with
applicable local laws. You may not use or export any Content in violation of
Indian export laws and regulations.
INTELLECTUAL PROPERTY
The Site is our property. The Site may include
content owned by others that is licensed to us. ALL RIGHTS RESERVED.
NOTICES AND PROCEDURES FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
We respect the intellectual property of others, and
we ask our users and visitors to do the same. We will process and investigate
Notices and will take appropriate actions under the Digital Millennium
Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon
receipt of a Notice complying with the DMCA, we will act to remove or disable
access to any material found to be infringing or found to be the subject of
infringing activity and will act to remove or disable access to any reference
or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide us the following
information. Please be advised that to be effective, the Notice must include
ALL of the following:
1.
a physical or electronic signature of
the person authorized to act on behalf of the owner of an exclusive copyright
that is allegedly infringed;
2.
a description of the copyrighted work
that you claim has been infringed;
3.
a description of where the material
that you claim is infringing is located on the Site;
4.
your address, telephone number, and
email address and all other information reasonably sufficient to permit us to
contact you;
5.
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
6.
a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By email: jackiebyz322000@gmail.com
IMPORTANT NOTE: THE
PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS
PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE
THROUGH THIS PROCESS.
CODE OF CONDUCT
You shall not, and shall not authorize or
facilitate any attempt by another person or entity to:
1.
Post, transmit, or cause to be
exhibited or displayed on or using the Site any Communication that is harmful,
threatening, abusive, harassing, vulgar, offensive, obscene, pornographic,
lewd, lascivious or otherwise objectionable, in whole or in part, or that
interferes with anyone’s use or enjoyment of the Site, as determined by us in
our sole discretion;
2.
Post, transmit, or cause to be
exhibited or displayed on or using the Site any Communication that infringes
another person or entity’s copyright, trademark, right of publicity or other
personal or proprietary right or violates any applicable law;
3.
Impersonate another person or entity;
4.
Solicit personally identifiable
information from any person;
5.
Engage in disruptive activity such as
posting Communications that are unrelated to a forum’s designated topic or
theme; or
6.
Invade the privacy of any person,
including posting personally identifying or otherwise private or sensitive
information about a person without their consent or harvesting personally
identifiable information about users of the Site.
THIRD-PARTY SITES
The Site may contain links to other sites on the Internet,
all of which have their own privacy and data collection practices. Links to
sites are provided only for your convenience and you access such sites at your
own risk. Links do not imply that we sponsor, endorse, are affiliated with or
associated with, or have been legally authorized to use any trademark, trade
name, service mark, design, logo, symbol or other copyrighted material
displayed on or accessible through such sites.
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