1. ACCEPTANCE OF TERMS
www.Behindindia.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. In addition,
when using particular Behindindia.com
services, you and Behindindia.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.
2. DESCRIPTION OF SERVICE
Behindindia.com currently
provides users with access
to a rich 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 Behindindia.com to provide
the Service. Unless explicitly
stated otherwise, any new
features that augment or enhance
the current Service, shall
be subject to the TOS. You
understand and agree that
the Service is provided "AS-IS"
and that Behindindia.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 Behindindia.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.
3. 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
Behindindia.com has reasonable
grounds to suspect that such
information is untrue, inaccurate,
not current or incomplete,
Behindindia.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).
4. Behindindia.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
athttp://www.behindindia.com/privacy-policy.html
5. 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 Behindindia.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. Behindindia.com
cannot and will not be liable
for any loss or damage arising
from your failure to comply
with this Section 5.
6. 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
Behindindia.com, are entirely
responsible for all Content
that you upload, post, email,
transmit or otherwise make
available via the Service.
Behindindia.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 Behindindia.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:
a.Upload, post, email, transmit
or otherwise make available
any Content that is unlawful,
harmful, threatening, abusive,
harassing, tortuous, defamatory,
vulgar, obscene, libelous,
invasive of another's privacy,
hateful, or racially, ethnically
or otherwise objectionable;
b.Harm minors in any way;
c.Impersonate any person or
entity, including, but not
limited to, a Behindindia.com
official, forum leader, guide
or host, or falsely state
or otherwise misrepresent
your affiliation with a person
or entity;
d.Forge headers or otherwise
manipulate identifiers in
order to disguise the origin
of any Content transmitted
through the Service;
e.Upload, post, email, transmit
or otherwise make available
any Content that you do not
have a right to make available
under any law or under contractual
or fiduciary relationships
(such as inside information,
proprietary and confidential
information learned or disclosed
as part of employment relationships
or under nondisclosure agreements);
f.Upload, post, email, transmit
or otherwise make available
any Content that infringes
any patent, trademark, trade
secret, copyright or other
proprietary rights ("Rights")
of any party;
g.Upload, post, email, transmit
or otherwise make available
any unsolicited or unauthorized
advertising, promotional materials,
"junk mail," "spam,"
"chain letters,"
"pyramid schemes,"
or any other form of solicitation,
except in those areas (such
as shopping rooms) that are
designated for such purpose;
h.Upload, post, email, transmit
or otherwise make available
any material 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;
i.Disrupt the normal flow
of dialogue, cause a screen
to "scroll" faster
than other users of the Service
are able to type, or otherwise
act in a manner that negatively
affects other users' ability
to engage in real time exchanges;
j.Interfere with or disrupt
the Service or servers or
networks connected to the
Service, or disobey any requirements,
procedures, policies or regulations
of networks connected to the
Service;
k.Intentionally or unintentionally
violate any applicable local,
state, national or international
law, including, but not limited
to, regulations promulgated
by the U.S. Securities and
Exchange Commission, any rules
of any national or other securities
exchange, including, without
limitation, the New York Stock
Exchange, the American Stock
Exchange or the NASDAQ, and
any regulations having the
force of law;
l."Stalk" or otherwise
harass another; or
m.Collect or store personal
data about other users.
You acknowledge that Behindindia.com
does not pre-screen Content,
but that Behindindia.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, Behindindia.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 Behindindia.com
or submitted to Behindindia.com,
including without limitation
information in Behindindia.com
User Forums, and in all other
parts of the Service.
You acknowledge and agree
that Behindindia.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 Behindindia.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.
7. 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 United
States or the country in which
you reside.
8. CONTENT SUBMITTED OR MADE
AVAILABLE FOR INCLUSION ON
THE SERVICE
Behindindia.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
Behindindia.com the following
world-wide, royalty free and
non-exclusive license(s),
as applicable:
¤ With respect to Content
you submit or make available
for inclusion on publicly
accessible areas of Behindindia.com,
the license to use, distribute,
reproduce, modify, adapt,
publicly perform and publicly
display such Content on the
Service solely for the purposes
of providing and promoting
the specific Behindindia.com
to which such Content was
submitted or made available.
This license exists only for
as long as you elect to continue
to include such Content on
the Service and will terminate
at the time you remove or
Behindindia.com removes such
Content from the Service.
¤ With respect to
photos, graphics, audio or
video you submit or make available
for inclusion on publicly
accessible area of the Service
other than Behindindia.com,
the license to use, distribute,
reproduce, modify, adapt,
publicly perform and publicly
display such Content on the
Service solely for the purpose
for which such Content was
submitted or made available.
This license exists only for
as long as you elect to continue
to include such Content on
the Service and will terminate
at the time you remove or
Behindindia.com removes such
Content from the Service.
¤ With respect to
Content other than photos,
graphics, audio or video you
submit or make available for
inclusion on publicly accessible
areas of the Service other
than Behindindia.com Clubs
or Behindindia.com Groups,
the perpetual, irrevocable
and fully sub licensable license
to use, distribute, reproduce,
modify, adapt, publish, translate,
publicly perform and publicly
display such Content (in whole
or in part) and to incorporate
such Content into other works
in any format or medium now
known or later developed.
"Publicly accessible"
areas of the Service are those
areas of the Behindindia.com
network of properties that
are intended by Behindindia.com
to be available to the general
public. By way of example,
publicly accessible areas
of the Service would include
Behindindia.com User Forums
and Behindindia.com that are
open to both members and visitors.
However, publicly accessible
areas of the Service would
not include Behindindia.com
that are limited to members..
9. INDEMNITY
You agree to indemnify and
hold Behindindia.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.
10. 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.
11. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that Behindindia.com
may establish general practices
and limits concerning use
of the Service, including
without limitation the maximum
number of days that email
messages, User Forum 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 Behindindia.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 Behindindia.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 Behindindia.com reserves
the right to log off accounts
that are inactive for an extended
period of time. You further
acknowledge that Behindindia.com
reserves the right to change
these general practices and
limits at any time, in its
sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
Behindindia.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 Behindindia.com shall
not be liable to you or to
any third party for any modification,
suspension or discontinuance
of the Service.
13. TERMINATION
You agree that Behindindia.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 Behindindia.com
believes that you have violated
or acted inconsistently with
the letter or spirit of the
TOS. Behindindia.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 Behindindia.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 Behindindia.com
shall not be liable to you
or any third-party for any
termination of your access
to the Service.
14. 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 Behindindia.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.
15. LINKS
The Service may provide, or
third parties may provide,
links to other World Wide
Web sites or resources. Because
Behindindia.com has no control
over such sites and resources,
you acknowledge and agree
that Behindindia.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
Behindindia.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.
16. Behindindia.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 Behindindia.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.
Behindindia.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 Behindindia.com for use
in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
a.YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN
"AS IS" AND "AS
AVAILABLE" BASIS. Behindindia.com
EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b.Behindindia.com MAKES NO
WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Behindindia.com
OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE
TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT Behindindia.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 Behindindia.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.
19. 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.
20. 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. Behindindia.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.
21. 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.
22. VIOLATIONS
Please report any violations
of the TOS to us.
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