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Term Of Service :: Indian Counter.Com |
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IndianCounter.com Term Of Service
VIEWING OR USING THIS SITE YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS
AND CONDITIONS OF THIS INDIANCOUNTER.COM AGREEMENT. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY.
This IndianCounter Terms of Use Agreement ("Agreement") constitutes the entire and only
agreement between us and you, governing your use of the IndianCounter web site, accessible via
www.IndianCounter.com (the "Site"). IndianCounter keeps the right to change or revise the
terms and conditions of this Agreement at any point of time by posting changes on the Site.
IndianCounter will inform you about changes or revisions by pointing the date it was revised
last on the top of this Agreement (after the words "Last Revision"). The changed or revised
Agreement will come into force right after it is posted on the Site. You agree to accept
any such changes or revisions after their posting on the Site. IndianCounter calls you to view
this Agreement any time you visit the Site to make sure that you understand the terms correctly.
This Agreement doesn’t influence the terms or conditions of any other agreement you may have
with IndianCounter for other products and services. If you do not agree to any guidelines and
referenced policies of this Agreement, please immediately complete to use the Site.
You can print this Agreement by clicking the print button of your browser.
1. Grant of Limited License by IndianCounter to You.
IndianCounter.com contains user-provided and edited information concerning many Internet
web Sites. The Site’s proprietary software which shall be considered to involve any
changes thereto and any connected documentation, is a copyrighted work and subject
to other intellectual property laws. On condition that you comply with all of the terms
and conditions of this Agreement, and taking into account your promises stated in this
Agreement, IndianCounter grants you a personal, nonexclusive, nontransferable and non-assignable
license for using the Site and basic software from a single computer and for using the Site
only as stated in this Agreement.
2. Restrictions and prohibitions of Limited License.
You may easily post and edit content, including information, news and entertainment, at
this Site, except IndianCounter’s restrictions of your usage of the Site. You’re agreeing
to make all such posts and edits exclusively related to the topic of information meant
for the pages to which you post or edit content. For instance, if you post to the page
under the title "IndianCounter.com" you have to restrict the content you’re posting to information
concerning the IndianCounter.com site.
Your license for access and use of the Site and any information, materials or documents
therein are subject to the following restrictions on use. You may not: (i) copy, print,
republish, display, distribute, transmit, or sell the software or source code behind the Site
to any third party; (ii) remove, decompile, disassemble or reverse engineer any Site software
or use any network monitoring or discovery software to determine the Site architecture or
otherwise attempt to discover or re-create the source code to the Site; (iii) use any content
from the Site in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of IndianCounter or any third parties; (iv) make any
changes, modification, adaptation, enhancement, improvement, translation, or derivative work
of any portion of the Site; and (v) delete, change or obscure any proprietary notices of
IndianCounter or its suppliers in any part of the Site.
3. Grant of Limited License by You to IndianCounter
With regard to any content including any news, reviews, entertainment, information, or other
text or images you post to this Site ("Your Content"), you agree to grant to IndianCounter a
permanent, non-exclusive and free right and license to publish all your content on the Site
or on any other Site or in any other media all over the world. IndianCounter keeps the right to
reproduce, change, adjust, distribute or publish any of your content in any media, for any
reason and at any time. For instance, IndianCounter may use your content for various advertising
which pushes IndianCounter or the Site, for free - without any payment to you. IndianCounter, as
well, may license your content to third parties, also for free - without any payment to you.
You represent, guarantee and warrant that you possess the full right, ability, and authority
to post your content to the Site and grant this license to IndianCounter.
4. Content
The Site includes great number of information, messages, computer programs, links, software,
images and music/video files and other materials (the "Content") posted by the users. You
realize and agree that a person who posted or uploaded any Content on the Site is exclusively
responsible for it, and that you will be only responsible for any Content that you post, upload
or otherwise transmit via the Site. You also agree that IndianCounter bears no responsibility for
the content, does not control it, does not endorse it and does not verify it, and that it makes
no guarantee as for errors, omissions, or other inaccuracies in the information contained in
the content. The entire risk for the results and performance of the content is assumed by the
user. Besides, IndianCounter makes any representations or warranties with respect to the content,
including, but not limited to, the quality, performance, or fitness for a particular purpose
of the content or any information contained on the Site. IndianCounter in no event will be liable
for direct, indirect, special, incidental, or consequential damages arising out of the use of
the Site.
5. User Behavior.
Using the Site you agree not to:
(a) infringe or solicit the infringement of any applicable international, national,
state, or local law;
(b) violate the rights of any third party, including but not limited to intellectual
property rights and privacy or publicity rights;
(c) post, upload or otherwise transmit any Content that:
(1) is illegal, menacing, offensive, insincere, slanderous, indecent, libelous, or
aggressive to another's privacy;
(2) includes educational information on unlawful activities, including, but not limited
to, hacking, cracking, and breaking;
(3) infringes in any way the proprietary rights of the third parties, including, but
not limited to, copyrighted software, music, images, text files, video files or artwork;
(4) consists pornography or sexual material of an indecent nature or that infringes
national, state or local laws;
(5) contains private information of the third parties such as addresses, phone
numbers, Social Security numbers or credit card numbers;
(6) includes software viruses or any other computer files or programs developed
to prevent, demolish or restrict the functionality of any computer software or
hardware or telecommunications equipment; or
(7) you don’t have the right to post and upload owing to contractual or
other legal obligation.
(d) imitate any person or entity, including, but not limited to, a IndianCounter
official, forum leader, host or guide, or affectedly state or otherwise
misrepresent your belonging to a person or an entity;
(e) falsify headers or otherwise use identifiers in order to change the origin
of any Content included in the Site;
(f) intervene in or destroy the Site, computer servers or boards
available at the Site; and
(g) distribute off-topic messages advertising any product, service, site, board
or enterprise, or promote boards on the Site through sending electronic mail
messages to third parties.
If you don’t stick to the above rules, IndianCounter keeps the right, at its
discretion, complete your password, account or ability to use the Site, and
delete your posted Content. If you break any laws, IndianCounter may report you to
applicable authorities. IndianCounter will respond to lawful subpoenas.
6. Reservation of Rights.
IndianCounter and its suppliers keep all rights not issued in this Agreement.
You agree to make all possible to avert and defend the Site from
unauthorized use or disclosure.
7. Your Registration and Account.
(a) Registration Obligations.
For getting an access to certain sections of the Site, IndianCounter
may require to give certain information ("Registration Data"). You agree that the
Registration Data you provide is reliable, correct, relevant and complete, and
that you will update it to keep it reliable, correct, relevant and complete.
IndianCounter keeps the right to cease your use of the Site and decline to provide
you with all current or future use of the Site if IndianCounter, in its sole discretion,
defines that any of your Registration Data is false, incorrect, irrelevant or incomplete.
(b) Account Security.
After you complete the registration process for the Site you get a user name and
password. You agree to be responsible for maintaining the confidentiality of your
user name and password and are entirely responsible for all activities, charges or
liabilities that happen under your user name and password or account number whether
or not authorized by you. You will immediately inform IndianCounter of any unauthorized
use of your user name or password. IndianCounter won’t be liable for any loss or damage
occurring from your failure to comply with this section.
(c) Information Collection and Privacy.
To get information concerning our information collection practices, please read
our Privacy and Information Collection Policy at IndianCounter:Privacy policy.
8. DISCLAIMER OF WARRANTY.
YOU REALIZE AND AGREE THAT ALL INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE". YOU DEFINITELY AGREE THAT YOU USE THE SITE
AND IT’S CONTENT AT YOUR OWN RISK.
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE).
NEITHER INDIANCOUNTER NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES
OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY ITS INFORMATION, WILL
MEET YOUR REQUIREMENTS OR BE CORRECT, COMPLETE, TRUE, OR ERROR AND BUGS FREE; (ii) THAT
THE SITE WILL BE AVAILABLE ANY TIME OR WILL BE UNCEASING, AVAILABLE, TIMELY, OR SAFE;
(iii) THAT ANY ERRORS AND BUGS OR INFORMATION WILL BE IMPROVED, OR THAT THE SITE WON’T
HAVE VIRUSES AND OTHER HARMFUL FEATURES; (iv) THE EXACTNESS, CREDIBILITY, OPPORTUNENESS,
OR FULLNESS OF ANY MATERIAL AVAILABLE THROUGH THE SITE; (v) ANY IMPLIED WARRANTY
ORIGINATED FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT ALL SOFTWARE ISN’T
VIOLATED. IndianCounter AND ITS AFFILIATES DISCLAIM, AND YOU FORGO AND RELEASE INDIANCOUNTER
AND ITS AFFILIATES FROM ANY OBLIGATIONS, RESPONSIBILITIES, RIGHTS, CLAIMS OR REMEDIES IN
TORT ORIGINATED IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ORIGINATED FROM
THE CARELESSNESS (ACTIVE, PASSIVE OR IMPUTED) OF INDIANCOUNTER OR ITS AFFILIATES.
YOU AGREE THAT THE SITE OR CONTENT YOU ACCESS USING THE SITE, IS VIWED AT YOUR OWN
DISCRETION AND RISK, AND THAT YOU WILL BE FULLY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF INFORMATION ARISING FROM YOUR USE OF THE SITE AND IT’S CONTENT.
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AS SOME LAWS DO NOT ALLOW THE IMPLIED
WARRANTIES’ EXCLUSION. YOU CAN ALSO HAVE OTHER LEGAL RIGHTS, WHICH DIFFER FROM
JURISDICTION TO JURISDICTION.
9. LIMITATION OF INDIANCOUNTER'S LIABILITY.
INDIANCOUNTER OR ANY OF ITS AFFILIATES, OR ANY OF ITS OFFICERS, HEADS, EMPLOYEES,
AGENTS, REPRESENTATIVES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY,
CLAIM, LIABILITY OR DAMAGE OF ANY KIND (DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE) RESULTING FROM (i) USE OF THE SITE’S CONTENT BY ANY PERSON,
INCLUDING BUT NOT LIMITED TO, ANY DAMAGE INDUCED BY ANY CONFIDENCE ON, OR ANY DELAYS,
ERRORS OR OMISSIONS IN, ANY DATA AND CONTENT AVAILABLE THROUGH THE SITE, (ii) ANY
USE OR IMPOSSIBILITY TO USE THE SITE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO
COMMUNICATIONS DEFAULT OR ANY OTHER DEFAULT WITH TRANSMISSION OF ANY INFORMATION
AVAILABLE THROUGH THE SITE, OR (iii) ANY PRODUCTS OR SERVICE DEBATED, BOUGHT OR
OBTAINED, DIRECTLY OR INDIRECTLY, VIA THE SITE, IN EACH CASE EVEN IF INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AS SOME JURISDICTIONS
DO NOT ALLOW THEM.
10. Termination.
You agree that IndianCounter, in its sole discretion, may terminate your membership,
and delete or discard any content that you have posted on the Site, for any reason,
or if IndianCounter, in its sole opinion, determines that you have broken or acted
incompatibly with this Agreement or that you are a repeat violator of intellectual
property rights. IndianCounter keeps the right to terminate your access to the Site under
any provision of this Agreement without prior notice. You acknowledge and agree that
IndianCounter may instantly deactivate or delete your account and all related information
and files in your account and forbid any further access to these files or the Site.
Additionally, you agree that IndianCounter shall not be liable to you or any third-party
for any termination of your access to the Site.
11. Your Compensation of IndianCounter.
You agree to hold innocuous, protect and compensate IndianCounter, its officers, heads,
workers, affiliates, contractors, subcontractors, providers, agents, partners, and
successors from all responsibilities, claims, demand and costs arising from your use
or misuse of the Site, or for violation by you of intellectual property rights or other
right of any third party. We may undertake control of any protection or any matter
subject to compensation by you, and you agree to assist us in such case.
12. Spam and Acceptable Use.
You may refer friends, family and associates to use the Site only through methods that
are compatible with the terms and conditions of your own Internet provider and dominant
standards of reasonable Internet use and behavior. You may not use the Site, trademarks
and name IndianCounter, send unsolicited e-mail or cause to be used IndianCounter equipment,
network connectivity, or other resources to initiate, deliver, or transmit unsolicited
e-mails. You may not take part in such forbidden activities by using any other provider’s
service, third-party agent, or address forwarding service, in such a way that the Site's
network addresses or IndianCounter services are someway determined to be connected with
unsolicited email sending. Other forbidden methods of promoting your involvement with
IndianCounter are repeated postings of messages to Usenet newsgroups, mailing lists, chat
rooms or other forums. Cases of "spamming" or similar inadequate conduct should straightway
be reported to IndianCounter.
13. Feedback
Any content that includes feedback information such as questions, comments, suggestions,
or the information regarding the Site or any other products or software of IndianCounter
("Feedback"), is non-confidential. IndianCounter doesn’t have obligations to you concerning
such Feedback and preserves the right to use, generate, disclose, demonstrate, display,
modify, create derivative works and provide the Feedback to the third parties without
restrictions. Moreover, IndianCounter keeps the right to use any ideas, suggestions, principles,
know-how or methods included in such Feedback for any goals, including, but not limited to,
developing, producing and marketing products incorporating such Feedback.
14. Notices.
IndianCounter may inform you of changes to this Agreement or any other matter by displaying
notices to you on the Site. IndianCounter may change its e-mail or mailing addresses and
display such changes on the Site. All notices not forwarded by e-mail or other things.
15. Violators and Copyright Act.
As the Site is opened and available for everybody, it is possible that users may
post violating content. If you see any violating content, please inform IndianCounter
about it. IndianCounter answers to notices of violation that conform with the Indian IT Act and other current intellectual property laws, that may include
deleting or blocking access to content considered to be the subject of violation.
To inform IndianCounter about violation you must provide a written communication by
fax or regular mail that states the items given below.
To help us to process a Violation Notice, please provide the following information:
(a) Describe in details the location of the copyrighted work that you consider to be
violated (e.g., www.IndianCounter.com/example_url);
(b) Point the content that you consider to be violating the copyrighted work
listed in subsection (a) above;
(c) Give information to allow IndianCounter contacting with you;
(d) Give information (if possible) to allow IndianCounter contact with the
administrator of the page that includes violating content;
(e) If you’re not the copyright owner put the following statement: "I have a
good faith belief that use of the copyrighted materials described in this Violation
Notice on the supposedly violating pages is not authorized by the copyright owner,
its agent, or the law."; and
(f) If you are the copyright owner put the following statement: "I swear,
under penalty of perjury, that the information in this Violation Notice is correct
and that I am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is supposedly violated."
Sign the Violation Notice and forward the written communication to Website Administration.
16. Miscellaneous.
(a) Exclusivity.
This Agreement is the complete and exclusive agreement between you and IndianCounter
and substitutes any other oral or written communications between the parties concerning
the subject matter. Any rights not expressly granted herein are reserved.
(b) Severability.
If any provision of this Agreement is considered to be unenforceable for any cause,
such provision will be amended only to make it enforceable, and this won’t influence
the enforceability of such provision under any other circumstances, or of the rest of
provisions hereof under all circumstances.
(c) Jurisdiction.
This Agreement is controlled by the laws of the Govt. of India, irrelatively to
conflicts of law provisions, and you hereby agree to the exclusive jurisdiction of
the Govt. of India (Ahmedabad-Gujarat) courts. You agree with the exclusive personal jurisdiction of
the courts for any claims or disputes occurring in connection with this Agreement.
You hereby forgo any right to object to venue or jurisdiction established on not
convenient forum or for any other reason, and you forgo any right appropriate to
international laws or treaties, or the laws of the jurisdiction to which you belong,
to have a case relating to this Agreement arbitrated or determined in that jurisdiction.
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