Your use of our Internet sites or any of the products
or services offered on those sites (collectively, the "Services")
is subject to these Terms of Use (these "Terms"). We may modify
these Terms at any time without notice to you by posting revised Terms
on our sites. Your use of our sites constitutes your binding acceptance
of these Terms, including any modifications that we make.
Some of the Services may be subject to additional posted
conditions. Your use of those Services is subject to those conditions,
which are incorporated into these Terms by reference. In the event of
an inconsistency between these Terms and any additional posted conditions,
the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any
of the following actions in our sole discretion at any time and for any
reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our
Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our sites for
any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and
files in your account;
6. Establish general practices and limits concerning use of our sites
You agree that we will not be liable to you or any third
party for taking any of these actions.
You understand and agree that our Services may include
communications such as service announcements and administrative messages
from us or from our partners and that these communications are considered
part of the Services. You will not be able to opt out of receiving these
messages. You also understand that our Services may include advertisements.
Content On Our Sites
Our sites include a combination of content that we create, that
our partners create and that our users create. All materials published
on our sites, including, but not limited to, written content, photographs,
graphics, images, illustrations, marks, logos, sound or video clips and
flash animation, are protected by our copyrights or trademarks or those
of our partners. You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create derivative works of, distribute,
publicly perform, publicly display or in any way exploit any of the materials
or content or our sites in whole or in part. If you would like to request
permission to use any of the content on our sites, please review our Copyright
notice and visit our Permissions & reprints page.
You are solely responsible for all materials, whether
publicly posted or privately transmitted, that you upload, post, email,
transmit or otherwise make available on our sites ("Your Content").
You certify that you own all intellectual property rights in Your Content.
You hereby grant us, our affiliates, and our partners a worldwide, irrevocable,
royalty-free, nonexclusive, sub-licensable license to use, reproduce,
create derivative works of, distribute, publicly perform, publicly display,
transfer, transmit, distribute and publish Your Content and subsequent
versions of Your Content for the purposes of (i) displaying Your Content
on our sites, (ii) distributing Your Content, either electronically or
via other media, to users seeking to download or otherwise acquire it,
and/or (iii) storing Your Content in a remote database accessible by end
users, for a charge. This license shall apply to the distribution and
the storage of Your Content in any form, medium, or technology now known
or later developed.
We do not guarantee the accuracy, integrity or quality
of the content on our sites. You may not rely on any of this content,
including, but not limited to, product reviews, white papers, product
descriptions and stock quotes. Without limitation, we are not responsible
for postings by users in the user opinion, message board or feedback sections
of our sites. Our sites also contain information about products and services
offered by third parties, including product specifications, pricing, availability,
performance and editorial commentary. You may be exposed to content that
you find offensive, indecent, objectionable or that is inaccurate and
you bear all risks associated with using that content. We have the right,
but not the obligation, to remove any content that may, in our sole discretion,
violate these Terms or that is otherwise objectionable.
Your Use of Third Party Sites
Our sites contain links to other Internet sites owned by third
parties. Your use of each of those sites is subject to the conditions,
if any, that each of those sites has posted. We have no control over sites
that are not ours and we are not responsible for any changes to or content
on them. Our inclusion on our sites of any third party content or a link
to a third party site is not an endorsement of that content or third party
site.
We do not sell, resell or license any of the products
or services that we review or list on our sites, and we disclaim any responsibility
for or liability related to them. Your correspondence or related activities
with third parties, including payment transactions and goods delivery
transactions, are solely between you and that third party. You agree that
we will not be responsible or liable for any loss or damage of any sort
incurred as the result of any of your transactions with third parties.
Any questions, complaints or claims related to any product or service
should be directed to the appropriate vendor.
Fee-Based Services
Some of the Services require you to pay a fee, as described in
the specific conditions included where those Services are offered. You
agree to pay all fees and charges that you incur. Unless otherwise noted,
all currency references are in U.S. dollars. We may, upon notice if required
by applicable laws, at any time change the amount of, or basis for determining,
any fee or charge, or institute new fees or charges. All fees and charges
are payable in accordance with payment terms in effect at the time the
fee or charge becomes payable.
Privacy Policy
All of the information that we collect from you, such as registration
and credit card information, is subject to our privacy policy. Please
click here to see our full Privacy policy.
Your Conduct On Our Sites
If we request registration information from you, you will provide
us with true, accurate, current and complete information. You will promptly
update your registration to keep it accurate, current and complete. If
we issue you a password, you may not reveal it to anyone else. You may
not use anyone else's password. You are responsible for maintaining the
confidentiality of your accounts and passwords. You agree to immediately
notify us of any unauthorized use of your passwords or accounts or any
other breach of security. You also agree to exit from your accounts at
the end of each session. We will not be responsible for any loss or damage
that may result if you fail to comply with these requirements.
The technology and software underlying our sites and the
Services is the property of XFRIDAY, our affiliates and our partners.
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in or otherwise transfer any
right to the technology or software underlying our sites or the Services.
You agree not to modify the software underlying our sites in any manner
or form, or to use modified versions of such software, including (without
limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will
not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal
right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other
similar software or programs that may damage or adversely affect the operation
of another person's computer, our sites, any software or hardware, or
telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising
or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know, cannot be
legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material;
8. Restrict or inhibit any other user from using and enjoying any public
area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited to, a
XFRIDAY representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
12. Forge headers, manipulate identifiers or other data in order to disguise
the origin of any content transmitted through our sites, or to manipulate
your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure.
14. Engage in any illegal activities
You agree to use our bulletin board services, chat areas, news groups,
forums, communities and/or message or communication facilities (collectively,
the "Forums"), only to send and receive messages and material
that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion,
is obscene, indecent, abusive or which might otherwise subject us to public
disparagement or scorn, we reserve the right, without prior notice to
you, to automatically change your username, delete your posts from our
sites, deny you access to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these
Terms and a violation of the law. You agree not to access our sites by
any means other than through the interface that is provided by XFRIDAY
for use in accessing our sites. You agree not use any automated means,
including, without limitation, agents, robots, scripts, or spiders, to
access, monitor or copy any part of our sites except those automated means
that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal
process. Nothing contained in these Terms shall limit our right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of our sites.
Requests To Remove Certain Content From Our Sites
If you believe that content you own has been copied and made
accessible in a manner that violates your intellectual property rights,
please review our Copyright notice.
Indemnification
You hereby agree to indemnify, defend and hold XFRIDAY, and all
of our officers, directors, owners, employees, agents, information providers,
affiliates, partners and licensors (collectively, the "XFRIDAY Parties")
harmless from and against any and all liability, losses, costs and expenses
(including attorneys' fees) incurred by any XRIDAY Party in connection
with any claim including, but not limited to, claims for defamation, violation
of rights of publicity and/or privacy, copyright infringement or trademark
infringement arising out of:
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person,
whether or not authorized by you;
3. The content, quality or performance of content that you submit to our
sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us and
you agree to cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, failure to store, mis-delivery,
or untimely delivery of any information or material. We disclaim any responsibility
for any harm resulting from downloading or accessing any information or
material on the Internet using search results from our sites. We disclaim
any responsibility for service outages that are caused by our maintenance
on the servers or the technology that underlies our sites, failures of
our service providers (including telecommunications, hosting and power
providers) computer viruses, natural disasters or other destruction or
damage of our facilities, an act of nature, war, civil disturbance or
other cause beyond our reasonable control
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED
OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT
ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES
WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR
OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY
OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT
YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR
SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
Arbitration
XFRIDAY may elect to resolve any controversy or claim arising out of or
relating to these Terms or our sites by binding arbitration in accordance
with the commercial arbitration rules of the Indian Legal Rules and bylaws.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Haryana India, and judgment on the arbitration award may be entered in any
court having jurisdiction thereof. Either you or we may seek any interim
or preliminary relief from a court of competent jurisdiction in Sector
12, Faridabad HR, India necessary to protect the rights or property of
you or XFRIDAY (or its agents, suppliers, and subcontractors) pending
the completion of arbitration.
Miscellaneous
We may be required by state or federal law to notify you of certain events.
You hereby acknowledge and consent that such notices will be effective
upon our posting them on our sites or delivering them to you through email.
You may update your email address by visiting the Services where you have
provided contact information. If you do not provide us with accurate information,
we cannot be held liable if we fail to notify you. You have the right
to request that we provide such notices to you in paper format, and may
do so by contacting Naveen Bhalla at nbhalla@xfriday.com.
Our failure to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such right or provision.
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 our sites or these Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions and policies
that are incorporated into these terms by reference, constitute the entire
agreement between you and XFRIDAY and govern your use of our sites, superceding
any prior agreements that you may have with us.
These Terms shall be construed in accordance with the
Indian Legal Rules and bylaws, and the parties irrevocably consent to
bring any action to enforce these Terms before an arbitration panel or
before a court of competent jurisdiction in Haryana, India
if seeking interim or preliminary relief or enforcement of an arbitration
award.
If any part of these Terms is determined to be invalid
or unenforceable pursuant to applicable law, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the Terms shall continue in effect.
|
