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Terms of Service I. ACCEPTANCE OF TERMS Welcome to Gujarat.com, a website service of Gujarat.com, Inc ("Gujarat.com").
Gujarat.com provides its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time
at: http://www.gujarat.com/termsandconditions.php.
In addition, when using particular Gujarat.com services, you and Gujarat.com
shall be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. Gujarat.com also may offer other
services from time to time, such as Gujarat.com email services,
that may be governed by different Terms of Services. II. DESCRIPTION OF SERVICE Gujarat.com currently provides users with access to a diverse collection of
resources, including, various communications tools, forums,
shopping services, personalized content and branded programming through its
network of properties (the "Service"). You also understand and
agree that the Service may include advertisements and that these advertisements
are necessary for Gujarat.com to provide the Service. You also understand and
agree that the service may include certain communications from Gujarat.com,
such as service announcements, administrative messages and the Gujarat.com
Newsletter, and that these communications are considered part of Gujarat.com
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new Gujarat.com
features and services, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that Gujarat.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Service. Please be aware that Gujarat.com has created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of age to
access and view such areas. III. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Gujarat.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
Gujarat.com has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof). Gujarat.com
is concerned about the safety and privacy of all its users, particularly
children. For this reason, children under the age of 13 are not allowed to join
Gujarat.com as members or view any content within the system. Please remember
that the Service is designed to appeal to a broad audience. To parents of
children under the age of 18: as the legal guardian, it is your responsibility
to determine whether any of the services and/or content are
appropriate for your child. IV. GUJARAT.COM PRIVACY POLICY Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our full privacy
policy at http://Gujarat.com/Privacy. V.. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Gujarat.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Gujarat.com cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 5.
VI. MEMBER CONDUCT You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not Gujarat.com, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the
Service. Gujarat.com does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Gujarat.com
be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service. You agree to not use the Service to:
You acknowledge that Gujarat.com does not pre-screen Content, but that Gujarat.com
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Gujarat.com and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Gujarat.com or submitted to Gujarat.com,
including without limitation information in all other parts of the Service. You acknowledge and agree that Gujarat.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Gujarat.com, its users and the public. You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. VII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the VIII. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE Gujarat.com does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant Gujarat.com the following world-wide, royalty free and non-exclusive
license(s), as applicable:
VIV. INDEMNITY You agree to indemnify and hold Gujarat.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights of
another. X. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service. I. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Gujarat.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Gujarat.com's servers on your
behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that Gujarat.com
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by
the Service. You acknowledge that Gujarat.com reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Gujarat.com reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice. XII. MODIFICATIONS TO SERVICE Gujarat.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Gujarat.com shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
Service. XIII. TERMINATION You agree that Gujarat.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if Gujarat.com believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. Gujarat.com may
also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Gujarat.com 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
Service. Further, you agree that Gujarat.com shall not be liable to you or any
third-party for any termination of your access to the Service. XIV. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that Gujarat.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service. XV.. LINKS The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Gujarat.com has no control over such sites
and resources, you acknowledge and agree that Gujarat.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that Gujarat.com shall not be responsible or liable,
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 such Content, goods or
services available on or through any such site or resource. XVI. GUJARAT.COM'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Gujarat.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part. Gujarat.com grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Gujarat.com for use
in accessing the Service. XVII. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
XVIII. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT GUJARAT.COM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF GUJARAT.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE. XVIV. 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 17 AND 18 MAY NOT APPLY
TO YOU. XX. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included in
the Service is intended for trading or investing purposes. Gujarat.com and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions
made based on such information. XXI. NOTICE Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service. XXII. TRADEMARK INFORMATION Gujarat.com trademarks and service marks, and other Gujarat.com logos and
product and service names are trademarks of Gujarat.com, Inc. (the "Gujarat.com
Marks"). Without Gujarat.com's prior permission, you agree not to display
or use in any manner, the Gujarat.com Marks. XXIII. COPYRIGHTS and COPYRIGHT AGENTS Gujarat.com respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide Gujarat.com the following
information:
Gujarat.com's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached at the following email address: legal@Gujarat.com. XXIV. REFUND POLICY No refunds are given for products and services charged by credit card via Gujarat.com.
If you are unhappy with a particular product or service, you can e-mail
support@Gujarat.com and we may grant credits for equal or lesser amounts on a
case-by-case basis. Refund policies for products and services purchased from
our affiliates adhere to the refund policies of our respective affiliates. XXV. GENERAL INFORMATION The TOS constitute the entire agreement between you and Gujarat.com and
govern your use of the Service, superceding any prior agreements between you
and Gujarat.com. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and Gujarat.com
shall be governed by the laws of the State of The section titles in the TOS are for convenience only and have no legal or
contractual effect. XXVI. VIOLATIONS Please report any violations of the TOS to our Customer Care group at support@Gujarat.com |
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