ApnaPune.com User Agreement, Terms of Services
Welcome to ApnaPune.com An environment that fosters interaction and participation among its members. Members should thus feel free to express themselves. However, members should keep comments and contributions within the community values of the Service and must comply with applicable laws and the terms of service of ApnaPune.com. This User Agreement (the "Agreement") describes the terms on which, ApnaPune.com hereby referred to as ("ApnaPune.com") offers you an account on the ApnaPune.com web site ("ApnaPune.com"). BY PRESSING THE "Register Me" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you have any questions about this Agreement, email admin@apnapune.com . Any opinions expressed by a Member are of those of the Member alone, and are not to be attributed to ApnaPune.com. ApnaPune.com cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any Member.
1. Amendment and Addenda: ApnaPune.com may amend this Agreement at any time by informing you of the amended terms via email to your email address. Such amendments will be effective when ApnaPune.com emails a notice of the revisions to you. Alternatively or additionally, ApnaPune.com may display amended terms to you when you log in to the site, in which case such terms shall be effective when posted by ApnaPune.com.
In addition, ApnaPune.com may offer you additional rights or services via addenda to this Agreement, which shall amend this Agreement if you choose to click through such terms.
2. Submission and ownership of Content:
a. Definition: ApnaPune.com allows you to provide your content (including without limitation text, data, photos, graphics, music, sounds and videos) to ApnaPune.com in a number of forms, such as reviews and opinions about products, services or other decisions ("Opinions"), comments to other people's Opinions ("Comments") and information about yourself (your "Profile") for your profile page. Collectively, the Opinions, Reviews, Comments, Profiles and other content you provide to ApnaPune.com (by uploading such Content to the site or otherwise) is defined as your "Content."
b. License: You retain all ownership rights to your Content. However, by submitting Content to ApnaPune.com, you automatically grant to ApnaPune.com an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. (b) display your Content online and offline and permit others (including without limitation ApnaPune.com' co-brand partners) to do the same, and (c) display portions of your Content online or offline and permit others to do the same. You are free to use your Content offline in any manner you choose. However, ApnaPune.com gets users to come to ApnaPune.com and your Opinions by promising users high quality content they cannot get anywhere else. In order to sustain this traffic draw, by submitting Opinions to ApnaPune.com, you grant to ApnaPune.com (and its sublicensees) the exclusive right to display your Opinions anywhere online, except the following circumstances:
• You may not post your Opinions on any USENET newsgroups or any other web site, besides ApnaPune.com. However, you may do so any time after one year of originally posting that Opinion on ApnaPune.com, but you must include the following attribution in the post: "You can read this review at [URL of the review page on ApnaPune.com] and other reviews on the same topic at [URL of the product page on ApnaPune.com]. Check out my profile page at [URL of your ApnaPune.com profile page].
• You may also display your Opinions on any site which contains content contributed from 5 individual contributors or less, but you must include the following attribution in the display: "You can read this review at [URL of the review page on ApnaPune.com] and other reviews on the same topic at [URL of the product page on ApnaPune.com]. Check out my profile page at [URL of your ApnaPune.com profile page]."
In all other cases, ApnaPune.com's exclusive display rights apply even if you initially post the Opinion somewhere else online and then desire to post it to ApnaPune.com and then re-post it on ApnaPune.com. If you desire other online rights to your Opinions, you may request permission at admin@ApnaPune.com , which permission may be granted or withheld in ApnaPune.com' sole discretion on a case-by-case basis.
(For purposes of this section, the word "display" covers all copyright and other intellectual property rights necessary to effectuate the foregoing intent.)
c. Pursuit of Violators: If ApnaPune.com identifies someone who is displaying your Content online in violation of this Agreement and ApnaPune.com wishes to take action against the infringer, ApnaPune.com may contact you to seek your help with the action. However, ApnaPune.com may also directly enforce your ownership rights in the Content against the infringer, and you authorize ApnaPune.com to take any actions on your behalf that ApnaPune.com reasonably deems necessary or appropriate to protect the parties' respective rights. If ApnaPune.com decides to sue the infringer, (1) ApnaPune.com may join you as a co-plaintiff to the action, and (2) any resulting damages or settlements attributable to online uses of your Opinions shall be solely ApnaPune.com's.
d. Removal of Opinions: Currently, ApnaPune.com allows you to edit your Opinions. At any time, without further notice, ApnaPune.com may restrict your ability to edit or delete your Opinions.
e. Standards: You agree not to provide any Content to ApnaPune.com that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, child pornographic or harmful to minors, (d) contains any viruses, Trojan horses, automated computer scripts, worms, time bombs, e-mail bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (e) is otherwise tortuous or criminal.
f. Content Filtering: ApnaPune.com believes that users should decide what content should appear on the site and how it should be displayed. Thus, users have a number of tools (such as the MS-Trust™ and rating and filtering mechanisms) to determine the order in which opinions are presented to them. In general, ApnaPune.com does not make editorial determinations about what Content you may or may not display on the site, and of course ApnaPune.com DOES NOT ENDORSE OR RECOMMEND any of the opinions or ideas or comments contributed by its users. However, ApnaPune.com permits others to make judgments about your Content that may affect the display of your Content. Further, ApnaPune.com may choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, ApnaPune.com may take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve ApnaPune.com' relationships with its service providers (such as its Internet access providers).
g. Other Filtering/ Protection for Children: Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
3. Your Honest Identity: The successful functioning of ApnaPune.com depends, in part, on users telling each other the truth and nothing but the truth about who they are. Thus, you may not (a) establish more than one account (even if the accounts are created using different email addresses or established through co-branded sites), (b) provide incomplete or inaccurate registration information, (c) fail to update your registration information if it changes, (d) select a Member ID deliberately intended to mislead others about your identity or that infringes a third party's intellectual property rights, (e) select a photo to identify yourself that deliberately misleads others about your identity, or (f) You may not share your account (or the associated password) with anyone else. ApnaPune.com may assume that all activities made using your Member ID and password are authorized by you; thus, if for any reason you suspect that your password has been compromised, you should contact ApnaPune.com at once at admin@ApnaPune.com .
4. Privacy: Because your privacy is very important to ApnaPune.com, the site offers you a number of choices to facilitate decisions about how you would like ApnaPune.com to use and disclose your personal information. By accepting this Agreement, you expressly consent to ApnaPune.com's disclosure and use of your personal information (including using email to communicate with you) as described in the then-current Privacy Statement, which is incorporated herein by reference.
5. Termination: ApnaPune.com may terminate your use of the site immediately if (a) you breach any element of this Agreement, (b) you infringe upon the intellectual property rights of a third party, or (c) ApnaPune.com is unable to verify any registration information you provide. Alternatively, in such circumstances, ApnaPune.com may take some lesser remedies, such as hiding the display of some or all of your Content or suspending your account. If you want to terminate your account, email at admin@ApnaPune.com . ApnaPune.com may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination, at its sole option, ApnaPune.com may remove some or all of your Content from the site or leave it available for public review.
6. No Warranty: THE ApnaPune.com SITE AND SERVICES ARE PROVIDED "AS IS," AND ApnaPune.com AND ITS SUPPLIERS AND CO-BRAND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, ApnaPune.com does not promise or warrant to you that any aspect of the site and system will work properly or will be available continuously.
7.
a. Liability Limits:
IN NO EVENT SHALL ApnaPune.com OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE ApnaPune.com SITE, ITS SERVICES OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL ApnaPune.com OR ITS SUPPLIERS OR CO-BRAND PARTNERS BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THAT OF FEES, IF ANY, PAID BY YOU TO ApnaPune.com.
b. Indemnity:
You release and indemnify ApnaPune.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of ApnaPune.com and specifically waive any claims that you may have in this behalf under any applicable law. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any ApnaPune.com Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. Access Limits: Without ApnaPune.com's CEO's express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including without limitation robots, spiders or scripts), or (b) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages.
9. General: You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. ApnaPune.com's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. ApnaPune.com shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. ApnaPune.com may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you. ApnaPune.com's suppliers and co-brand partners are third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended only by writing, physically signed by both ApnaPune.com and you.
10. Entire Agreement: This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
11. Fees and Taxes: At present, ApnaPune.com does not charge you any fees to use its services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the site shall be your sole responsibility.
12. Governing Law and Arbitration: This Agreement is governed in all respects by the laws of the State of Maharashtra as such laws are applied to agreements entered into and to be performed entirely within Maharashtra between Pune residents. Any controversy or claim arising out of or relating to this Agreement or the ApnaPune.com site shall be settled by binding arbitration in accordance with the Indian Laws. 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 Maharashtra and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, ApnaPune.com may seek any interim or preliminary relief from a court of competent jurisdiction in Maharashtra. ApnaPune.com at its option, may bypass arbitration in cases of fraud or other crimes against itself, interference with its technical operations or violations of its rights or property.
13. Fraud: No compensation or reward system is immune from manipulation by users who are intent on getting something for nothing. Such behavior is detrimental to the entire community and, in particular, ApnaPune.com's most valued users who play by the rules. ApnaPune.com does not tolerate such fraudulent behavior. Thus, you may not engage in any behavior that artificially or fraudulently inflates your impression count or reputation on the site. Without limiting the foregoing, you may not use robots, scripts, or other automated processes to access any portion of the site without ApnaPune.com' express written permission.
14. ApnaPune.com may invite existing and new users/members to participate in online and offline contests from time to time. By participating, entrant (or his/her parent or legal guardian, if entrant is a minor) agrees (a) to the Official Rules and the judges' decisions, which are final and binding; (b) to release and hold harmless ApnaPune.com, its affiliates, co-ApnaPune.com's and co-brand partners and their respective parents, affiliates, subsidiaries, agencies and the officers, directors, shareholders, representatives and employees of any of the above organizations from any and all liability whatsoever arising from his/her participation in such contests or acceptance, receipt, possession or use/misuse of prize, or anything related thereto.
15. All unspecified expenses (including taxes) are the sole responsibility of winner. Prize is not transferable. No prize substitution except at ApnaPune.com’s sole discretion. ApnaPune.com reserves the right to substitute a prize of equal value, due to prize unavailability. One prize per email address/family/household. Prize will be awarded provided properly claimed. All taxes on prizes are sole responsibility of winner.
16. ApnaPune.com and its agencies, co-brand partners and sponsors are not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the contests and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. ApnaPune.com and its agencies are not responsible for injury or damage to entrants' or to any other person's computer related to or resulting from participating in such contests or downloading materials from or use of the web site. .
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