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User Agreement
These Terms of Use govern your use of the websites, content and community
services offered throughhttp://www.unclejis.com (“Site”). You (the user)
agree to access "the site", subject to the terms and conditions
of use as set out here.
“UNCLEJI” may add to or change or update these Terms of Use, from time to
time entirely at its own discretion. You are responsible for checking these
Terms of Use periodically to remain in compliance with these terms. Your
use of a Site after any amendment to the Terms of Use shall constitute your
acceptance of these terms and you also agree to be bound by any such
changes/revisions.
Changes
“UNCLEJI” reserves the right to suspend / cancel, or discontinue any or all
channels, products or service at any time without notice , make
modifications and alterations in any or all of the content, products and
services contained on the site without prior notice. Such changes will be
posted to http://www.unclejis.com/agree.html for your reference and
convenience so as to enable you to understand your responsibility as a
user.
Charges
“UNCLEJI” reserves the right to charge subscription and / or membership
fees from a user, by giving reasonable prior notice, in respect of any
product, service or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in
all material presented on the site (including but not limited to text,
audio, video or graphical images), trademarks and logos appearing on this
site are the property of UncleJi Web Services Private Limited, its parent,
affiliates and associates and are protected under applicable Indian laws.
You agree not to use any framing techniques to enclose any trademark or logo
or other proprietary information of “UNCLEJI”. Any infringement shall be
vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
“UNCLEJI” grants you permission to only access and make personal use of the
Site and You agree not to download or
modify/alter/change/amend/vary/transform/revise “UNCLEJI’s” Site, or any
portion of it, except with the express consent of “UNCLEJI”. You are
permitted to print or download extracts from these pages for your personal,
non-commercial use only. Any copies of these pages saved to disk or to any
other storage medium may only be used for subsequent viewing purposes or to
print extracts for personal use.
“UNCLEJI” forbids you from any attempts to resell or put to commercial use
any part of the Site; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Site or its contents;
any downloading or copying of account information for the benefit of any
other merchant; or any data gathering or extraction tools; or any use of
meta tags. You may not (whether directly or through the use of any software
program) create a database in electronic or structured manual form by
regularly or systematically downloading and storing all or any part of the
pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any
other web site, nor may any of its pages or part thereof be disseminated in
any electronic or non-electronic form, nor included in any public or
private electronic retrieval system or service without prior written
permission. Requests to republish “UNCLEJI’s material for distribution
should be addressed to UncleJi Web Services Private Limited at permission@unclejis.com.
Individual Registration, Access and Exchange of Information for
certain services by the visitor maybe required. Such services will be
clearly identified as such. To register for these services you have to open
an account by completing the registration process (i.e. by providing us
with current, complete and accurate information as prompted by the
applicable registration form). You also will choose a password and a user
name. You are entirely responsible for maintaining the confidentiality of
your password and account. By registering, you agree to the following terms
in addition to any other specific terms which shall be posted at an
appropriate location of the Site. Each registration is for a single
individual user only.
To access these services, you will be asked to enter your individual User
Name and Password, as chosen by you during your registration. Therefore, we
do not permit any of the following:-
• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed by
individuals who have not registered with “UNCLEJI” as users of the Site; or
• Access through a single account and Password being made available to
multiple users on a network.
If “UNCLEJI” reasonably believe that an account and Password is being used
/ misused in any manner, “UNCLEJI” shall reserve the right to cancel access
rights immediately without notice, and block access to all users from that
IP address.
Furthermore, you are entirely responsible for any and all activities that
occur under your account. You agree to notify “UNCLEJI” immediately of any
unauthorized use of your account or any other breach of security. “UNCLEJI”
will not be liable for any loss that you may incur as a result of someone
else using your password or account. However, you could be held liable for
losses incurred by “UNCLEJI” or another party due to someone else using
your account or password.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any “UNCLEJI’s server, or the network(s)
connected to any “UNCLEJI” server, or interfere with any other party's use
and enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, and computer systems or to any of
the Services, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
Material Posted/transmitted at “UNCLEJI’s Site
All information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials (“Content”), whether publicly or
privately transmitted / posted, is the sole responsibility of the person
from where such content is originated (the Originator). By Posting any
material which contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that the
copyright owner of such Images has granted you permission to use such
Images or any content and/or images contained in such Images consistent
with the manner and purpose of your use and as otherwise permitted by these
Terms of Use and the Services, (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and (c) that
each person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by way of
limitation, the distribution, public display and reproduction of such Images.
You represent that you have valid rights and title in any and all
Content/Images that you submit on the Site, that you have not infringed on
any Intellectual Property Rights belonging to any party and further that
you will indemnify “UNCLEJI” or its affiliates for all claims arising out
of any content that you post on the Site.
“UNCLEJI” accepts no responsibility for the said Content / Images. However,
you understand that all Content / Images posted by you becomes the property
of “UNCLEJI” and you agree to grant/assign to “UNCLEJI” and its affiliates,
a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content /
Images (in whole or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed throughout
the world”.
Exchange of Information via Blogs, CHAT & other Community Services
You represent that you are a responsible adult (18 years or above) and
you shall be solely responsible for all Content that you upload post or
otherwise transmit.
“UNCLEJI” endeavors to provide a web platform for various community
interactions for persons to interact and exchange views with each other.
The content posted on such services is by general public, therefore the
accuracy, integrity or quality of such content cannot be guaranteed. You
understand that by using such services, you may be exposed to objectionable
matter.
By using the facility of blogs, chat and other community services you agree
not to upload, post, or otherwise transmit any matter or views, which are,
defamatory, abusive, pervasive, obscene, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable. You may also
not indulge in cyber stalking, become or create a nuisance for any visitor
/ user of the Site.
You may not send, submit, post, or otherwise transmit, material or messages
that contain software virus, or any other files that are designed to
interrupt, destroy, and negatively affect in any manner whatsoever, any
electronic equipment in connection with the use of this Site, or other
user's ability to engage in real time exchanges.
Limitations of Liabilities
Any transactions relating to sale/purchase of goods or services not
directly offered by “UNCLEJI” are to be settled inter-se between the
parties to such transaction and all warranties express or implied of any
kind, regarding any matter pertaining thereto, including without limitation
the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement are disclaimed by “UNCLEJI”. “UNCLEJI” merely
endeavors to provide a platform where you and other party may interact,
exchange information or carry out sale/purchase transactions on such terms
and in the manner mutually agreed between you and the other party. “UNCLEJI”
does not have any involvement in the actual transactions between the buyers
and sellers in any way. It is only you, who is entirely responsible for all
the activities, arising out of the transactions of sale/purchase of goods
or services offered by any other party and not “UNCLEJI”. “UNCLEJI” will
not be liable for any loss that you may incur, while selling or purchasing
goods /services of the third party.
Under No circumstances will “UNCLEJI” be held responsible or liable, in any
way, for any content which in Legal opinion is derogatory, threatening,
defamatory, obscene or offensive or offends public sensibilities or morals
and shall also not assume liability 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 or uploaded on the Site, or any infringement of
another's rights, including intellectual property rights. You specifically
agree that “UNCLEJI” is not responsible for any content sent using and/or
included in “UNCLEJI’s site/service by any third party.
Termination of Account
“UNCLEJI” reserves its right to refuse service, restrict, suspend,
terminate your account; (Terminate this Agreement; Terminate or suspend
your access to the “UNCLEJI’s Web Sites; Refuse, move or remove for any
reason any Content / Image that you submit on or through the Services;
Refuse, move, or remove any Content / Image that is available on or through
the Services; Deactivate or delete your accounts and all related
information and files in your account; Establish general practices and
limits concerning use of the Services) at any time and, remove or edit
contents or cancel orders (entered by you) in its sole discretion with or
without cause, and with or without any prior notice for any violation of
the Terms of Use. Upon such termination or suspension, your right to use
the “UNCLEJI’s Web Sites will immediately cease.
You can also terminate your account at any time but your information may
remain stored in archive on our servers even after the deletion or the
termination of your account.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this
website. You agree to not use any product or the service available on a
Site to:
(a) Upload, post, email, transmit or otherwise make available any content
that is unlawful, illegal, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable. This includes
text, graphics, video, programs or audio.
(b) Upload, post, email, transmit or otherwise make available any viruses,
trojan horses, time bombs, or any other harmful programs or elements.
(c) Harm minors in any way.
(d) Engage in antisocial, disruptive, or destructive acts, including
"flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly
understood and used on the Internet
(e) Impersonate any person or entity, including, but not limited to, “UNCLEJI’s
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
(f) Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the Site.
(g) Disrupt, place unreasonable burdens or excessive loads on, interfere
with or attempt to gain unauthorized access to any portion of our website,
its computer systems, servers or networks
(h) 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).
(i) Upload, post, email, transmit or otherwise make available any content
with the intention of committing or promoting an illegal act.
(j) Upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright, privacy
rights, rights of publicity, or other proprietary rights ("Rights")
of any party.
(k) Upload, post, email, transmit or otherwise make available any
unsolicited or unauthorised advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," duplicative messages or any other form of solicitation.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the
Site to transmit, directly or indirectly, any unsolicited bulk
communications (including emails and instant messages). “UNCLEJI” will not
sell, lease or rent its subscriber lists to third parties. You may not
harvest information about users of “UNCLEJI” for the purpose of sending or
to facilitate the sending of unsolicited bulk communications. We may
terminate your access or use of the Site immediately, with or without any
notice, and take any other legal action if you, or anyone using your access
details to the Site, violates these terms. We may adopt any technical
remedy (including any filtering technology or other measures) to prevent
unsolicited bulk communications from entering, utilizing or remaining
within our computer or communication networks. Such filtering technology or
other measures may block, either temporarily or permanently, some e-mail
sent to you through the “UNCLEJI’s Web Sites.
Disclaimer of Warranties and Liability
All the contents of this Site are only for general information or use. They
do not constitute advice and should not be relied upon in making (or
refraining from making) any decision. Any specific advice or replies to
queries in any part of the Site is/are the personal opinion of such
experts/consultants/persons and are not subscribed to by this Site. The
information from or through this site is provided on "AS IS"
basis, and all warranties and conditions, expressed or implied of any kind,
regarding any matter pertaining to any goods, service or channel, including
without limitation, the implied warranties of merchantability, fitness for
a particular purpose, workmanlike effort, title and non-infringement are
disclaimed and excluded.
“UNCLEJI” and its affiliates and associates shall not be liable, at any
time for any, direct, indirect, punitive, incidental, special,
consequential, damages (including, without limitation, damages for loss of
business projects, damage to your computer system or damages for loss of
profits, damages for loss of use, data or profits, arising out of or in any
way connected with the use or performance of the “UNCLEJI’s sites/services,
with the delay or inability to use the “UNCLEJI’s sites/services or related
services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained
through the “UNCLEJI” sites/services, or otherwise arising out of the use
of the “UNCLEJI” sites/services) arising in contract, tort or otherwise
from the use of or inability to use the Site, or any of its contents, or
from any act or omissions a result of using the Site or any such contents
or for any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communications
line failure, theft or destruction or unauthorised access to, alteration
of, or use of information contained on the site. No representations,
warranties or guarantees whatsoever are made by “UNCLEJI” as to the (a)
accuracy, adequacy, reliability, completeness, suitability or applicability
of the information to a particular situation; (b) that the service will be
uninterrupted, timely, secure, or error-free; (c) the quality of any
products, services, content, information, or other material purchased or
obtained from the website will meet your expectations or requirements; or
(d) any errors in the website will be corrected.
Links to Other Sites
Certain links on the Site lead to resources located on servers maintained
by third parties, these sites of third party(s) may contain “UNCLEJI’s-logo,
please understand that it is independent from “UNCLEJI”, over whom “UNCLEJI”
has no control or connection, business or otherwise as these sites are
external to “UNCLEJI”. You agree and understand that by visiting such sites
you are beyond the “UNCLEJI’s website. “UNCLEJI”, therefore neither
endorses nor offers any judgment or warranty and accepts no responsibility
or liability for the authenticity, availability, suitability, reliability,
accuracy of the information, software, products, services and related
graphics contained, of any of the goods/services/or for any damage, loss or
harm, direct or consequential or any violation of local or international
laws that may be incurred by your visit and/or transaction/s on these
site(s), as the same is provided on "as is" without warranty of
any kind. “UNCLEJI” gives no warranty and makes no representation whether
expressed or implied, that the information contained in this site is error
free. “UNCLEJI” shall not be responsible nor liable for any consequential
damages arising on account of your relying on the contents of the
advertisement. Before relying on the material, users should independently
verify its relevance for their purposes, and should obtain any appropriate
professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. “UNCLEJI”
accepts no responsibility for the content, accuracy, conformity to
applicable laws of such material. You will indemnify and hold harmless “UNCLEJI”
against all third party claims, demands and actions brought against “UNCLEJI”
which arises from or relates to the material submitted by you.
Advertising Material
Part of the Site contains advertising information or promotion material or
other material submitted to “UNCLEJI” by third parties. Responsibility for
ensuring that material submitted for inclusion on Site complies with
applicable International and National law is exclusively on the party
providing the information/material. Your correspondence or business
dealings with, or participation in promotions of, advertisers other than “UNCLEJI”
found on or through the Website, 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. “UNCLEJI” will not be responsible or liable for any claim,
error, omission, inaccuracy in advertising material or any loss or damage
of any sort incurred as the result of any such dealings or as the result of
the presence of such non-”UNCLEJI” advertisers on the Website. “UNCLEJI”
reserves the right to omit, suspend or change the position of any
advertising material submitted for insertion. Acceptance of advertisements
on the Site will be subject to these terms and conditions.
Data Protection
“UNCLEJI” may send information and offer products and services to you from
time to time. For further details relating to our policy relating to such
offer please refer to our privacy statement. Notwithstanding the foregoing,
“UNCLEJI” reserves the right to disclose any information in response to /
that it is required to be shared, disclosed or make made available to any
governmental, administrative, regulatory or judicial authority under any
law or regulation applicable to “UNCLEJI”.
Further, “UNCLEJI” can (and you authorize “UNCLEJI” to) disclose your name,
street address, city, state, zip code, country, phone number, email, and
company name to Intellectual Property right's owners, as we in our sole
discretion believe necessary or appropriate in connection with an
investigation of fraud, intellectual property infringement, piracy, or
other unlawful activity.
Relationship
None of the provisions of the User Agreement shall be deemed to constitute
a partnership or agency between you and “UNCLEJI” and you shall have no
authority to bind “UNCLEJI” in any manner, whatsoever.
Force Majeure
“UNCLEJI” shall have no liability to you for any interruption or delay, to
access the Site irrespective of the cause.
Indian Law
The Agreement shall be governed by the Laws of India. The Courts of law at
Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising
under this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e.,
racist, sexist or threatening. Messages using inappropriate language will
also be removed. We do not wish to be censors, but our forums must remain
civilized and respect the rights of others.
Limited time to bring your claim
You and “UNCLEJI” agree that any cause of action arising out of or related
to the “UNCLEJI’s web sites, only, must commence within one (1) year after
the cause of action accrues otherwise, such cause of action will be
permanently barred.
Acceptance of Privacy Policy
By using “UNCLEJI’s sites and services, you signify your acceptance of this
Privacy Statement. If you do not agree or are not comfortable with any
policy described in this Privacy statement, your only remedy is to
discontinue use of “UNCLEJI” sites. We reserve the right, to modify this
Privacy Statement at any time.
General Terms
Rights and obligations under the Terms which by their nature should survive
will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms
will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of
any government, or by any court or arbitrator, the parties agree that such
provision will be replaced with a new provision that accomplishes the
original business purpose, and the other provisions of the Terms will
remain in full force and effect.
Notice of Copyright Infringement
“UNCLEJI” is not liable for any infringement of copyright arising out of materials
posted on or transmitted through the site, or items advertised on the site,
by end users or any other third parties. Our policy is to comply with all
Intellectual Property Laws and to act expeditiously upon receiving any
notice of claimed infringement. If you believe that your work has been
reproduced on this website in a manner that constitutes copyright
infringement, please provide a notice of copyright infringement containing
all of the following information:
(a) A physical or electronic signature of a person authorized to act on
behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be
infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining
party.
(e) A statement that the complaining party has a good-faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the
notice of copyright infringement is accurate, and that the complaining
party is authorized to act on behalf of the owner of the right that is
allegedly infringed.
All notices of copyright infringement should be sent to:
UncleJi Web Services Private Limited
BL-39, West Shalimar Bagh
Delhi – 110088
Copyright ©2008 UncleJi Web Services Private Limited. All rights reserved.
This disclaimer/terms of service notification is subject to change without
notice.
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