Terms of Service
1. ACCEPTANCE OF
TERMS
This website provides a
collection of online resources, including
classified ads, Community Events, Autos &
Vehciles search, Job Search, Roommate Search,
Movies Listing, Yellow Pages and more (referred
to hereafter as "the Service"). By using the
Service in any way, you are agreeing to comply
with the Terms of Use. In addition, when using
particular this community website services, you
agree to abide by any applicable posted
guidelines for all services, which may change
from time to time. Should you object to any term
or condition of the Terms of Use, any
guidelines, or any subsequent modifications
thereto or become dissatisfied with site in any
way, your only recourse is to immediately
discontinue use of this website.
2. MODIFICATIONS
TO THIS AGREEMENT
We reserve the right, at
our sole discretion, to change, modify or
otherwise alter these terms and conditions at
any time. Such modifications shall become
effective immediately upon the posting thereof.
You must review this agreement on a regular
basis to keep yourself apprised of any changes.
You can find the most recent version of the
Terms of Use.
3. CONTENT
You understand that all
postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content")
posted on, transmitted through, or linked from
the Service, are the sole responsibility of the
person from whom such Content originated. More
specifically, you are entirely responsible for
each individual item ("Item") of Content that
you post, email or otherwise make available via
the Service. You understand that we do not
control, and is not responsible for Content made
available through the Service, and that by using
the Service, you may be exposed to Content that
is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, thut
site and Content available through the Service
may contain links to other websites, which are
completely independent of us. We make no
representation or warranty as to the accuracy,
completeness or authenticity of the information
contained in any such site. Your linking to any
other webites is at your own risk. You agree
that you must evaluate, and bear all risks
associated with, the use of any Content, that
you may not rely on said Content, and that under
no circumstances will we are liable in any way
for any Content or for any loss or damage of any
kind incurred as a result of the use of any
Content posted, emailed or otherwise made
available via the Service. You acknowledge that
this site does not pre-screen or approve
Content, but that we shall have the right (but
not the obligation) in its sole discretion to
refuse, delete or move any Content that is
available via the Service, for violating the
letter or spirit of the Terms of Use or for any
other reason.
4. THIRD PARTY
CONTENT, SITES, AND SERVICES
This site and Content
available through the Service may contain
features and functionalities that may link you
or provide you with access to third party
content which is completely independent of the
site, including web sites, directories, servers,
networks, systems, information and databases,
applications, software, programs, products or
services, and the Internet as a whole.
Your interactions with
organizations and/or individuals found on or
through the Service, including payment and
delivery of goods or services, and any other
terms, conditions, warranties or representations
associated with such dealings, are solely
between you and such organizations and/or
individuals. You should make whatever
investigation you feel necessary or appropriate
before proceeding with any online or offline
transaction with any of these third parties.
You agree that we are not
be responsible or liable for any loss or damage
of any sort incurred as the result of any such
dealings. If there is a dispute between
participants on this site, or between users and
any third party, you understand and agree that
this site is under no obligation to become
involved. In the event that you have a dispute
with one or more other users, you hereby release
this community website, its officers, employees,
agents and successors in rights from claims,
demands and damages (actual and consequential)
of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way
related to such disputes and / or our service.
5. PRIVACY AND
INFORMATION DISCLOSURE
this community website has
established a Privacy Policy to explain to users
how their information is collected and used.
Your use of the this
community website website or the Service
signifies acknowledgement of and agreement to
our Privacy Policy. You further acknowledge and
agree that this community website may, in its
sole discretion, preserve or disclose your
Content, as well as your information, such as
email addresses, IP addresses, timestamps, and
other user information, if required to do so by
law or in the good faith belief that such
preservation or disclosure is reasonably
necessary to: comply with legal process; enforce
the Terms of Use; respond to claims that any
Content violates the rights of third-parties;
respond to claims that contact information (e.g.
phone number, street address) of a third-party
has been posted or transmitted without their
consent or as a form of harassment; protect the
rights, property, or personal safety of this
community website, its users or the general
public.
6. CONDUCT
You agree not to post,
email, or otherwise make available Content:
a) that is unlawful,
harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's
privacy, or is harmful to minors in any way;
b) any indecent content
c) that harasses,
degrades, intimidates or is hateful toward an
individual or group of individuals on the basis
of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
d) that violates the Fair
Housing Act by stating, in any notice or ad for
the sale or rental of any dwelling, a
discriminatory preference based on race, color,
national origin, religion, sex, familial status
or handicap (or violates any state or local law
prohibiting discrimination on the basis of these
or other characteristics);
e) that violates federal,
state, or local equal employment opportunity
laws, including but not limited to, stating in
any advertisement for employment a preference or
requirement based on race, color, religion, sex,
national origin, age, or disability.
f) with respect to
employers that employ four or more employees,
that violates the anti-discrimination provision
of the Immigration and Nationality Act,
including requiring U.S. citizenship or lawful
permanent residency (green card status) as a
condition for employment, unless otherwise
required in order to comply with law,
regulation, executive order, or federal, state,
or local government contract.
g) that impersonates any
person or entity, including, but not limited to,
a this community website employee, or falsely
states or otherwise misrepresents your
affiliation with a person or entity (this
provision does not apply to Content that
constitutes lawful non-deceptive parody of
public figures.);
h) that includes personal
or identifying information about another person
without that person's explicit consent;
i) that is false,
deceptive, misleading, deceitful,
misinformative, or constitutes "bait and
switch";
j) that infringes any
patent, trademark, trade secret, copyright or
other proprietary rights of any party, or
Content that you do not have a right to make
available under any law or under contractual or
fiduciary relationships;
k) that constitutes or
contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited commercial
advertisement;
l) that constitutes or
contains any form of advertising or solicitation
if: posted in areas of the this community
website sites which are not designated for such
purposes; or emailed to this community website
users who have not indicated in writing that it
is ok to contact them about other services,
products or commercial interests.
m) that includes links to
commercial services or web sites, except as
allowed in "services";
n) that advertises any
illegal service or the sale of any items the
sale of which is prohibited or restricted by any
applicable law.
o) 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;
p) that disrupts the
normal flow of dialogue with an excessive amount
of Content (flooding attack) to the Service, or
that otherwise negatively affects other users'
ability to use the Service;
q) that employs misleading
email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the
origin of Content transmitted through the
Service.
Additionally, you agree
not to:
r) contact anyone who has
asked not to be contacted;
s) "stalk" or otherwise
harass anyone;
t) collect personal data
about other users for commercial or unlawful
purposes;
u) use automated means,
including spiders, robots, crawlers, data mining
tools, or the like to download data from the
Service - unless expressly permitted by this
community website;
v) post non-local or
otherwise irrelevant Content, repeatedly post
the same or similar Content or otherwise impose
an unreasonable or disproportionately large load
on our infrastructure;
w) post the same item or
service in more than one classified category or
forum, or in more than one metropolitan area;
x) attempt to gain
unauthorized access to this community website's
computer systems or engage in any activity that
disrupts, diminishes the quality of, interferes
with the performance of, or impairs the
functionality of, the Service or the this
community website website;
y) use any form of
automated device or computer program that
enables the submission of postings on this
community website without each posting being
manually entered by the author thereof (an
"automated posting device"), including without
limitation, the use of any such automated
posting device to submit postings in bulk, or
for automatic submission of postings at regular
intervals.
7. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that
offers to post Content to the Service on behalf
of others. To moderate demands on this community
website's resources, you may not use a Posting
Agent to post Content to the Service without
express permission or license from this
community website. Correspondingly, Posting
Agents are not permitted to post Content on
behalf of others, to cause Content to be so
posted, or otherwise access the Service to
facilitate posting Content on behalf of others,
except with express permission or license from
this community website.
8. NO SPAM POLICY
You
understand and agree that sending unsolicited
email advertisements to this community website
email addresses or through this community
website computer systems, which is expressly
prohibited by these Terms of Use. Any
unauthorized use of this community website
computer systems is a violation of the Terms of
Use and certain federal and state laws. Such
violations may subject the sender and his or her
agents to civil and criminal penalties.
9. LIMITATIONS ON
SERVICE
You acknowledge that this
community website may establish limits
concerning use of the Service, including the
maximum number of days that Content will be
retained by the Service, the maximum number and
size of postings, email messages, or other
Content that may be transmitted or stored by the
Service, and the frequency with which you may
access the Service. You agree that this
community website has no responsibility or
liability for the deletion or failure to store
any Content maintained or transmitted by the
Service. You acknowledge that this community
website reserves the right at any time to modify
or discontinue the Service (or any part thereof)
with or without notice, and that this community
website shall not be liable to you or to any
third party for any modification, suspension or
discontinuance of the Service.
10. ACCESS TO THE
SERVICE
this community website
grants you a limited, revocable, nonexclusive
license to access the Service for your own
personal use. This license does not include: (a)
access to the Service by Posting Agents; or (b)
any collection, aggregation, copying,
duplication, display or derivative use of the
Service nor any use of data mining, robots,
spiders, or similar data gathering and
extraction tools for any purpose unless
expressly permitted by this community website. A
limited exception to (b) is provided to general
purpose internet search engines and
non-commercial public archives that use such
tools to gather information for the sole purpose
of displaying hyperlinks to the Service,
provided they each do so from a stable IP
address or range of IP addresses using an easily
identifiable agent and comply with our
robots.txt file. "General purpose internet
search engine" does not include a website or
search engine or other service that specializes
in classified listings or in any subset of
classifieds listings such as jobs, housing, for
sale, services, or personals, or which is in the
business of providing classified ad listing
services.
this community website
permits you to display on your website, or
create a hyperlink on your website to,
individual postings on the Service so long as
such use is for noncommercial and/or news
reporting purposes only (e.g., for use in
personal web blogs or personal online media). If
the total number of such postings displayed or
linked to on your website exceeds one hundred
(100) postings, your use will be presumed to be
in violation of the Terms of Use, absent express
permission granted by this community website to
do so. You may also create a hyperlink to the
home page of this community website sites so
long as the link does not portray this community
website, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise
offensive matter.
Use of the Service beyond
the scope of authorized access granted to you by
this community website immediately terminates
said permission or license. In order to collect,
aggregate, copy, duplicate, display or make
derivative use of the the Service or any Content
made available via the Service for other
purposes (including commercial purposes) not
stated herein, you must first obtain a license
from this community website.
11. TERMINATION OF
SERVICE
You agree that this
community website, in its sole discretion, has
the right (but not the obligation) to delete or
deactivate your account, block your email or IP
address, or otherwise terminate your access to
or use of the Service (or any part thereof),
immediately and without notice, and remove and
discard any Content within the Service, for any
reason, including, without limitation, if this
community website believes that you have acted
inconsistently with the letter or spirit of the
Terms of Use. Further, you agree that this
community website shall not be liable to you or
any third-party for any termination of your
access to the Service.
12. PROPRIETARY
RIGHTS
The Service is protected
to the maximum extent permitted by copyright
laws. Content displayed on or through the
Service is protected by copyright as a
collective work and/or compilation, pursuant to
copyrights laws. Any reproduction, modification,
creation of derivative works from or
redistribution of the site or the collective
work, and/or copying or reproducing the sites or
any portion thereof to any other server or
location for further reproduction or
redistribution is prohibited without the express
written consent of this community website. You
further agree not to reproduce, duplicate or
copy Content from the Service without the
express written consent of this community
website, and agree to abide by any and all
copyright notices displayed on the Service. You
may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any
source code contained in the Service. Without
limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect
of the Service. this community website is a
registered mark in the U.S. Patent and Trademark
Office.
Although this community
website does not claim ownership of content that
its users post, by posting Content to any public
area of the Service, you automatically grant,
and you represent and warrant that you have the
right to grant, to this community website an
irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform,
display, and distribute said Content and to
prepare derivative works of, or incorporate into
other works, said Content, and to grant and
authorize sublicenses (through multiple tiers)
of the foregoing. Furthermore, by posting
Content to any public area of the Service, you
automatically grant this community website all
rights necessary to prohibit any subsequent
aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on
the Service by any party for any purpose.
13. DISCLAIMER OF
WARRANTIES
YOU AGREE THAT USE OF THE
this community website SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE this community
website SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, this community
website DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE this community website SITE
AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED
BY LAW, this community website DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE this community
website SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE this community
website SITE. TO THE FULLEST EXTENT PERMITTED BY
LAW, this community website DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL
COMPONENTS IN CONNECTION WITH THE this community
website SITE OR THE SERVICE. Some jurisdictions
do not allow the disclaimer of implied
warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
14. LIMITATIONS OF
LIABILITY
UNDER NO CIRCUMSTANCES
SHALL this community website BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF this
community website HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE this community website
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE this community website
SITE OR THE SERVICE, FROM INABILITY TO USE THE
this community website SITE OR THE SERVICE, OR
THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE this community
website SITE OR THE SERVICE. SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE this community website SITE OR THE
SERVICE OR ANY LINKS ON THE this community
website SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE this community
website SITE OR THE SERVICE OR ANY LINKS ON THE
this community website SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW. In some jurisdictions, limitations of
liability are not permitted. In such
jurisdictions, some of the foregoing limitation
may not apply to you.
15. INDEMNITY
You agree to indemnify and
hold this community website, its officers,
subsidiaries, affiliates, successors, assigns,
directors, officers, agents, service providers,
suppliers and employees, harmless from any claim
or demand, including reasonable attorney fees
and court costs, made by any third party due to
or arising out of Content you submit, post or
make available through the Service, your use of
the Service, your violation of the Terms of Use,
your breach of any of the representations and
warranties herein, or your violation of any
rights of another.
16. GENERAL
INFORMATION
The Terms of Use
constitute the entire agreement between you and
this community website and govern your use of
the Service, superseding any prior agreements
between you and this community website. The
failure of this community website to exercise or
enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right
or provision. If any provision of the Terms of
Use 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 Terms of Use remain
in full force and effect. 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
Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be
forever barred.
Our failure to act with
respect to a breach by you or others does not
waive our right to act with respect to
subsequent or similar breaches.
You understand and agree
that, because damages are often difficult to
quantify, if it becomes necessary for this
community website to pursue legal action to
enforce the Terms of Use, you will be liable to
pay this community website the following amounts
as liquidated damages, which you accept as
reasonable estimates of MyIndiaUSAs' damages for
the specified breaches of the Terms of Use:
a. If you post a message
that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that
includes personal or identifying information
about another person without that person's
explicit consent.
b. If this community
website establishes limits on the frequency with
which you may access the Service, or terminates
your access to or use of the Service.
c. If you send unsolicited
email advertisements to this community website
email addresses or through this community
website computer systems.
d. If you post Content in
violation of the Terms of Use, other than as
described above.
f. If you aggregate,
display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content
(except for your own Content) in violation of
the Terms of Use without this community
website's express written permission.
Otherwise, you agree to
pay this community website's actual damages, to
the extent such actual damages can be reasonably
calculated. Notwithstanding any other provision
of the Terms of Use, this community website
retains the right to seek the remedy of specific
performance of any term contained in the Terms
of Use, or a preliminary or permanent injunction
against the breach of any such term or in aid of
the exercise of any power granted in the Terms
of Use, or any combination thereof.
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