USER AGREEMENT AND TERMS OF SERVICE
- DESCRIPTION OF SERVICE.
Thetimesofindia.biz web site (the "Site") to offer free and
paid advertisements to the users all around the world. The advertisements
posted by the users are their own and we do not guarantee the authenticity of
if. Use of the Site is governed by this agreement (this “Agreement”) and the
terms of service (“TOS”) described herein.
- ACCEPTANCE OF TERMS OF SERVICE.
To become a member of the Site, you must complete the
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- USER REGISTRATION REQUIREMENTS.
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the terms of our Privacy Statement.
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- SECURITY.
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Section 4.
- RESPONSIBILITY FOR ACCOUNT ACTIVITY.
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change the subscription fee applicable to any period for which you have
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- CHANGES TO TOS.
TheTimesOfIndia.biz
may change, add or delete any one or more of the TOS by providing notice to
you as set forth in Section 22 of this Agreement or by posting such changes on
the Site. If any future changes are unacceptable to you, you may cancel your
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Such cancellation will become effective upon the expiration of the period for
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acceptance of the TOS as changed.
- CHANGES TO SERVICE.
TheTimesOfIndia.biz
may change, modify, add, suspend or
discontinue, temporarily or permanently, any aspect of the Site at any time,
including the availability of any feature, database, or content, with or
without notice to you. TheTimesOfIndia.biz
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without notice to you. You agree that
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liable to you or to any third party for any such change, modification,
addition, suspension, discontinuance, limitation or restriction.
- PERMITTED USES AND RESTRICTIONS ON USE
OF CONTENT/COPYRIGHT.
Whenever used in this Agreement, the term "Content"
shall mean any and all articles, databases, software, books, magazines,
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Content available through the Site originates from
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TheTimesOfIndia.biz and each TPP
is either the owner or an authorized licensee of such Content and each TPP has
licensed TheTimesOfIndia.biz
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create any derivative work based on the Content in a manner that would
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d. You will not remove any copyright notice from the Content.
- DISCLAIMER OF WARRANTIES.
| i. |
YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN
OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. THETIMESOFINDIA.BIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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| ii. |
THETIMESOFINDIA.BIZ MAKES NO
WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) THE SITE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) ANY PERSON WILL
ACHIEVE A DESIRED RESULT OR RESULTS FROM THE USE OF ANY INFORMATION
AVAILABLE ON OR THROUGH THE SITE OR (d) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
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| iii. |
ANY CONTENT OR MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE
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| iv |
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THETIMESOFINDIA.BIZ OR
THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS. |
- LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
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GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
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ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv)
ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED
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OF THETIMESOFINDIA.BIZ
LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT
OF ANY FEES OR CHARGES PAID BY YOU TOTHETIMESOFINDIA.BIZ
UNDER THIS AGREEMENT OR THROUGH THE SITE..
- 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 10 AND 11 MAY NOT APPLY TO YOU.
- WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE.
In consideration of your being permitted to use the
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thetimesofindia.biz and its past, present and/or future shareholders, members,
managers, partners, trustees, officers, directors, employees, consultants,
agents, affiliates, administrators, attorneys, successors and assigns (and
their respective past, present and/or future shareholders, members, managers,
partners, trustees, officers, directors, employees, consultants, agents,
affiliates, administrators, attorneys, successors and assigns) (each, a
“Released Party”) from any and all liability for injury, death, damage, cost,
expense and other loss suffered or incurred by you as a direct or indirect
result of your use of any content or material of the site that is,
directly or indirectly, available from or through the Site at any time. For
purposes of this Agreement, your “use” of Advertisement Information shall mean
(i) any implementation thereof by you or any person to whom you directly or
indirectly furnish such information (collectively, your “clients”) and (ii)
the furnishing of Advertisement Information by you to any of your
clients.
In consideration of your being permitted to use the Site, you hereby agree
that you will not, at any time hereafter, commence, maintain, prosecute,
participate in as a party, or permit to be filed by any other person on your
behalf, any action or proceeding of any kind, judicial or administrative, in
any court or agency against any Released Party with respect to any act,
omission, statement, information, transaction or occurrence that relates,
directly or indirectly, to your use of Advertisement Information at any time.
You acknowledge and agree that you have read this release, waiver and covenant
not-to-sue and fully understand that by clicking the “I agree” button relating
to this Agreement, you are giving up legal rights and/or remedies that may be
otherwise be available to you.
- LINKS.
The Site from time to time may contain
links to and from various third party sites on the World Wide Web. You acknowledge that such
third party sites are completely independent of the Site and that
thetimesofindia.biz has no responsibility
or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any content, goods or services
available on or through any such site. If you have any questions or concerns
about such third party sites, you should contact the site administrator or
web-master of the third-party site.
- COMMUNICATIONS BETWEEN THETIMESOFINDIA.BIZ AND USERS.
Thetimesofindia.biz reserves the right to provide you with information about
products and services from Thetimesofindia.biz and third party vendors.
Thetimesofindia.biz also reserves the right to send electronic mail to you and
your clients for the purpose of informing you and your clients of changes or
additions to the Site.
- DISCLOSURE OF USAGE AND DEMOGRAPHIC INFORMATION.
Thetimesofindia.biz reserves the right to disclose
certain information about you. For more information, please read the Privacy
Statement.
- FORUMS AND DISCUSSIONS AND CONTENTS.
You are solely responsible for the content of any
Material that you transmit in, on or through the Forums or otherwise through
the Site. Thetimesofindia.biz does not and cannot review every item of
Material transmitted by you. However, while Thetimesofindia.biz is not
responsible for the content of your Material, Thetimesofindia.biz reserves the
right to delete, move, or edit Material that Thetimesofindia.biz, in its sole
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trademark laws, or otherwise unacceptable. Thetimesofindia.biz also reserves
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discretion, deems necessary or appropriate, including for the formatting
purposes of the particular Forum. You hereby waive any so-called "moral
rights" that you may have with respect to any deletions or edits that
thetimesofindia.biz may make to your Materials. Thetimesofindia.biz may terminate
your ability to access and make use of any Forum or the Site generally at any
time upon determining that your Material is abusive, defamatory, absence, in
violation of copyright or trademark laws or is otherwise unacceptable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Material, including any reliance on the accuracy, completeness, or
usefulness of such Material.
- COMPLIANCE WITH LAW
In view of the global nature of the World Wide Web, you
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governing your use of Content and on-line conduct. Specifically, but without
limitation, you shall comply with all applicable laws, rules and regulations
regarding the transmission of technical data and software exported from the
country in which you reside.
- REPRESENTATIONS AND WARRANTIES/INDEMNITY.
You hereby agree to indemnify, defend and hold harmless
thetimesofindia.biz, its subsidiaries, affiliates, employees, agents,
co-branders and other partners (collectively, the "Indemnified Parties") from
and against any and all liability, damage, cost and expense (including
reasonable attorneys' fees) incurred by the Indemnified Parties (or any of
them) in connection with any claim arising out of or relating to (i) your use
of the Site or any Ad Information, (ii) use of the Site or any Ad Information
by any of your clients, (iii) a breach by you of any of your representations,
warranties or covenants in this Section 19 or elsewhere in this Agreement,
(iv) your connection to the Site or (v) any violation of the TOS by you or any
user of your account (including your clients). You agree to fully cooperate
in the defense of any such claim.
- TERMINATION BY YOU.
You may terminate your account, effective at the end of
the period for which you have subscribed to the Site, by sending an e-mail to:
mailto:support@Thetimesofindia.biz. Upon termination, you will receive an
automated confirmation via e-mail that the request was received. You are
responsible for all membership and other fees and charges incurred by you or
by any user of your account up to the time the account is deactivated.
- TERMINATION BY THETIMESOFINDIA.BIZ.
You agree that thetimesofindia.biz in its sole
discretion, may terminate your password, your account and/or your use of the
Site, and remove and discard any Material within the Site, at any time and for
any reason, including, without limitation, for lack of use of the Site or if
thetimesofindia.biz believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. thetimesofindia.biz may also, in its
sole discretion and at any time, discontinue providing the Site, or any part
thereof, with or without notice. You agree that any termination of your
access to the Site under any provision of the TOS may be effected without
prior notice, and acknowledge and agree that thetimesofindia.biz may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the Site.
Further, you agree that thetimesofindia.biz shall not be liable to you or any
third-party for any termination of your access to the Site; provided that
thetimesofindia.biz or refunds to you a pro rata portion of the membership
fees paid by you for periods after the effective date of the termination.
- NOTICES TO YOU.
Notices may be sent to you by e-mail. Thetimesofindia.biz may also
provide notices of changes to the TOS or other matters by displaying such
notices, or providing links to such notices, on the Site.
- NO WAIVER/SEVERABILITY.
Thetimesofindia.biz failure to exercise or enforce any
right, provision, or remedy hereunder shall not constitute a waiver of such
right, provision or remedy. If any provision of this Agreement is found by a
court of competent jurisdiction to be invalid, the parties agree that the
court should try to give effect to the parties' intention as reflected in the
provision, and the other provisions of this Agreement shall remain in full
force and effect.
- ENTIRE AGREEMENT.
This Agreement and the TOS stated herein constitute the
entire agreement between you and Thetimesofindia.biz with respect to your use
of the Site and of the products and services that you obtain through the Site.
This Agreement merges and/or supersedes any other agreements and
understandings between you and Thetimesofindia.biz, including any prior
versions of the TOS.
- ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for
the enforcement of this Agreement, or because of an alleged dispute, breach,
default or misrepresentation in connection with any provision of this
Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorneys' fees, sales and use taxes, court costs and all
expenses even if not taxable as court costs (including, without limitation,
all such fees, taxes, costs and expenses incident to arbitration, appellate,
bankruptcy and post-judgment proceedings), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may
be entitled. Attorneys' fees shall include, without limitation, paralegal
fees, investigative fees, administrative costs, sales and use taxes and all
other charges billed by the attorney to the prevailing party.
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