PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED
BY JALDIBOL.COM. OR ITS AFFILIATES (COLLECTIVELY "COMPANY," "WE," OR "US"). BY
ACCESSING OR USING IN ANY MANNER THE JALDIBOL.COM WEBSITE, OR ANY OTHER WEBSITE, SERVICE OR CONTENT OWNED, AFFILIATED, OR OPERATED
BY US (COLLECTIVELY, THE "WEBSITE"), YOU AS AN INDIVIDUAL OR AS A SINGLE USER ON
BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU" OR "YOUR" AS
APPLICABLE) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO,
THE TERMS AND CONDITIONS IN THIS TERMS OF USE ("AGREEMENT") TO THE EXCLUSION OF
ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER,
ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY
AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL HAVE NO
RIGHT TO USE THE SERVICES OR WEBSITE (AS THOSE TERMS ARE DEFINED BELOW). USE OF
THE WEBSITE AND SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER
TERMS.
- ACCESS TO THE SERVICES. Subject to the terms and conditions of this
Agreement, Company may offer to provide certain services, as described more
fully on the Website, and which are selected by you through the process
provided on the Website ("Services"), solely for your own use, and not for the
use or benefit of any third party. The term "Services" shall include, without
limitation, any service Company performs for you and the content offered by
Company on the Website. Company may change, suspend or discontinue the Services
at any time, including the availability of any feature, database, or content.
Company may also impose limits on certain features and services or restrict your
access to parts or all of the Services without notice or liability. COMPANY
RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME
BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR
POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH
ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION
CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS
MODIFIED.
Company does not knowingly collect or solicit personal information from anyone
under the age of 13 or knowingly allow such persons to register. If you are
under 13, please do not attempt to register for Company or send any information
about yourself to us, including your name, address, telephone number, or email
address. No one under age 13 may provide any personal information to or on
Company. In the event that we learn that we have collected personal information
from a child under age 13 without verification of parental consent, we will
delete that information as quickly as possible. If you believe that we might
have any information from or about a child fewer than 13, please contact us at
info (at) jaldibol.com. Some features of the Website require users to be
eighteen (18) years of age or older, and if you are under eighteen (18) years of
age you agree that you will not use or attempt to access such features.
You represent and warrant to Company that: (i) you are an individual (i.e., not
a corporation) and you are of legal age to form a binding contract or have your
parent’s permission to do so, and you are at least 13 years or age or older;
(ii) all registration information you submit is accurate and truthful; and (iii)
you will maintain the accuracy of such information. You also certify that you
are legally permitted to use the Services and access the Website and take full
responsibility for the selection and use of the Services and access of the
Website. This Agreement is void where prohibited by law, and the right to access
the Website is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or
ancillary services needed to connect to, access the Website or otherwise use the
Services, including, without limitation, modems, hardware, software, and long
distance or local telephone service. You shall be responsible for ensuring that
such equipment or ancillary services are compatible with the Services.
The Website and Services are offered by Company from its facilities in the
India. Company makes no representations that the Website or Services are
appropriate or available for use in other locations. Users who access or use the
Website or Services from other jurisdictions do so at their own volition and are
responsible for compliance with local laws.
- WEBSITE CONTENT. The Website and its contents are intended solely for
the personal, non-commercial (except as specifically and expressly agreed in
writing by Company in connection with a specific feature of the Website only)
use by Website users and may only be used in accordance with the terms of this
Agreement. All materials displayed or performed on the Website (including, but
not limited to text, blogs, graphics, articles, photographs, images,
illustrations (also known as the "Content")) are protected by copyright. You
shall abide by all copyright notices, trademark rules, information, and
restrictions contained in any Content accessed through the Website or Services,
and shall not use, copy reproduce, modify translate, publish, broadcast,
transmit, distribute, perform, upload, display, license, sell or otherwise
exploit for any purposes whatsoever any Content or third party submissions or
other proprietary rights not owned by you, (i) without the express prior written
consent of the respective owners, and (ii) in any way that violates any third
party right. You shall not remove, obscure, or alter any notices or links (e.g.,
links to Company’s Privacy Policy and Terms of Use) on the Website or any of its
features or tools.
The Website is protected by copyright as a collective work and/or compilation,
pursuant to Indian copyright laws, international conventions, and other
intellectual property laws. You may not modify, publish, transmit, participate
in the transfer or sale of, reproduce (except as provided in this Section of the
Agreement), create derivative works based on, distribute, perform, display, or
in any way exploit, any of the Content, software, materials, or Services in
whole or in part.
You may download or copy the Content, and other items displayed on the Website
for download, for personal non-commercial use only, provided that you maintain
all copyright and other notices contained in such Content. You shall not store
any significant portion of any Content in any form. Copying or storing of any
Content for other than personal, noncommercial use is expressly prohibited
without prior written permission from Company, or from the copyright holder
identified in such Content's copyright notice. You shall not link to the Website
without Company’s prior written consent.
In the course of using the Services, you and other users may provide information
which may be used by Company in connection with the Services and which may be
visible to certain other users. You understand that by posting information,
blogs, or other content on the Website or otherwise providing content, materials
or information to Company or in connection with the Services, Company hereby is
and shall be granted a non exclusive, worldwide, royalty free, perpetual,
irrevocable, transferable right to fully exploit such content, materials and
information (including all related intellectual property rights) and to allow
others to do so, however, Company will only share personally identifiable
information that you have not made publicly available in accordance with
Company’s current privacy policy at http://jaldibol.com/privacy-policy .
Furthermore, you understand that Company retains the right to reformat, modify,
create derivative works of, excerpt, and translate any materials, content or
information submitted by you. You understand that all information publicly
posted or privately transmitted through the Website is the sole responsibility
of the person from which such content originated and that Company will not be
liable for any errors or omissions in any content. You understand that Company
cannot guarantee the identity of any other users with whom you may interact in
the course of using the Service. Additionally, Company cannot guarantee the
authenticity of any data which users may provide about themselves. You
acknowledge that all Content accessed by you using the Services is at your own
risk and you will be solely responsible for any damage or loss to any party
resulting there from.
Under no circumstances will Company be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred in connection with use of or exposure to any
Content posted, emailed, accessed, transmitted or otherwise made available via
the Services. You are solely responsible for taking all precautions necessary
and/or reasonable to protect yourself, your computer systems and other property
from viruses, worms, Trojan horses, and other harmful content and code. You
acknowledge that Company does not endorse or guarantee any user blogs or other
Content and you may not state or imply any such endorsement or guarantee.
Company shall have no obligation to monitor any user generated content, however,
Company and its agents reserve the right to monitor user generated content and
blogs from time to time and may remove or block any content on the Website or
through the Services, including disabling access to content that you have
downloaded through the Services.
THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. Company’s Services, the contents of
the Website (such as text, graphics, images, search results, data and
information contained therein), and such materials obtained from Company’s
licensors or other third parties, are provided for informational purposes only
and are not intended to be a substitute for professional medical advice,
diagnosis, examination, or treatment. Do not ignore professional medical advice
or delay in seeking treatment because of anyone or anything on the Website.
Always seek the advice of your qualified healthcare provider with any question
you may have regarding a medical condition. If you think you may have a medical
emergency, call your doctor or 108 immediately for ambulance. Company does not
recommend or endorse any specific tests, physician, products, procedures,
opinions, or other information that may be mentioned on the Website. Reliance on
any such information is solely at your own risk. The Website may contain
health-related materials that are sexually explicit. If you find these materials
offensive, you may not want to use our Website.
- YOUR WARRANTY. You warrant, represent and agree that you will not contribute
any Content (including, without limitation, anything in connection with your
blog(s)) or otherwise use the Website or the Services in a manner that (i)
infringes or violates the intellectual property rights or proprietary rights, or
rights of publicity or privacy, or other rights of any third party; (ii)
violates any law, statute, ordinance or regulation; (iii) is harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, or otherwise objectionable; (iv) misrepresents the source or identity
of any content; (v) uploads, installs, constitutes, or embeds malware, virus,
worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or
falsely indicates an affiliation with, any person or entity, including, without
limitation, any employee or representative of Company. Company reserves the
right to remove any Content from the Website or Services at any time, for any
reason (including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such Content or if Company is
concerned that you may have breached the immediately preceding sentence), or for
no reason at all. You, not Company, remain solely responsible for all Content
that you upload post, email, transmit, or otherwise disseminate using, or in
connection with, the Services, and you warrant that you possess all rights
necessary to provide such content to Company and to grant Company the rights to
use such information in connection with the Services and as otherwise provided
herein.
Without limiting the other terms and conditions in this Agreement, you
acknowledge and agree to the following guidelines for posting and/or viewing
comments and/or content on the Website and Services:
- If a comment is made using your identity or screen name it will be
deemed to have been posted by you.
- Do not post abusive, obscene,
threatening, harassing, defamatory, libelous, offensive or sexually explicit
material.
- Do not make false or misleading statements.
- Do not
offer to sell or buy any product or service, or post links to third party
websites, unless expressly authorized to do so by Company in connection with a
feature on the Website.
- Do not post material that infringes the
intellectual property rights or other proprietary rights, or rights of publicity
or privacy, of any third party.
- Do not post information that you know to
be confidential or sensitive or otherwise in violation of any law, statute,
rule, ordinance or regulation.
- Keep all comments relevant and "on topic"
to the particular Service posting that is open for comments.
- RESTRICTIONS. You are responsible for all of your activity in connection
with the Services and accessing the Website. Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of your right to
Services or to access the Website. You may not post or transmit, or cause to be
posted or transmitted, any communication or solicitation designed or intended to
obtain password, account, or private information from any Company user. Use of
the Website or Services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material
including that are deemed threatening or obscene, or engage in any kind of
illegal activity is expressly prohibited. You will not run Mail list, Listserv,
any form of auto-responder, or "spam" on the Website, or any processes that run
or are activated while the you are not logged on or that otherwise interfere
with the proper working of or place an unreasonable load on the Service
infrastructure. Further, the use of manual or automated software, devices, or
other processes to "crawl" or "spider" any page of the Website is strictly
prohibited. You will be responsible for withholding, filing, and reporting all
taxes duties and other governmental assessments associated with your activity on
the Website.
- WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary
duty to you. You acknowledge that Company has no control over, and no duty to
take any action regarding: which users gains access to the Website; what Content
you access via the Website (including, without limitation, viruses, malware,
harmful code and user generated content); what effects the Content may have on
you; how you may interpret or use the Content; or what actions you may take as a
result of having been exposed to the Content. You release Company from all
liability for you having acquired or not acquired Content through the Website.
The Website may contain, or direct you to websites containing, information that
some people may find offensive or inappropriate. Company makes no
representations concerning any content contained in or accessed through the
Website, and Company will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or accessed
through the Website. Company makes no representations or warranties regarding
the accuracy of size, quality, colors or textures displayed anywhere on the
Website, or regarding suggestions or recommendations of services or products
offered or purchased through the Website (including, without limitation, the
actual size, quality, color, texture, or results of use of such products or
services), or that the Website or any Content will be uninterrupted or
error-free. Products and services purchased (whether or not following such
recommendations and suggestions) are provided "AS IS" without any warranty of
any kind from Company or others unless otherwise made expressly and
unambiguously in writing by a designated third party for a specific product.
THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT,
OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE
SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- PRIVACY POLICY. For information regarding Company’s treatment of personally
identifiable information, please review Company’s current privacy policy at
http://www.jaldibol.com/privacy-policy .
- REGISTRATION AND SECURITY. As a condition to using Services, you may be
required to register with Company and select a password and user name
("Company User ID"). You shall provide Company with accurate, complete, and
updated registration information. Failure to do so shall constitute a breach of
this Agreement, which may result in immediate termination of your account. You
may not (i) select or use as a Company User ID a name of another person with the
intent to impersonate that person; or (ii) use as a Company User ID a name
subject to any rights of a person other than you without appropriate
authorization. Company reserves the right to refuse registration of, or cancel a
Company User ID in its discretion. You shall be responsible for maintaining the
confidentiality of your password.
- INDEMNITY. You will indemnify and hold Company, its parents, subsidiaries,
affiliates, officers and employees, harmless, including costs and attorneys'
fees, from any claim or demand made by any third party due to or arising out of
your access to the Website, use of the Services, the violation of this Agreement
by you, or the infringement by you, or any third party using the your account,
of any intellectual property or other right of any person or entity.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH
RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER
OF THE FEES PAID BY YOU THEREFOR OR US$100; (II) FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS
OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER
BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
- FEES AND PAYMENT. Company reserves the right to require payment of fees for
certain or all Services. You shall pay all applicable fees, as described on the
Website in connection with such Services selected by you. Company reserves the
right to change its price list and to institute new charges at any time, upon
ten (10) days prior notice to you, which may be sent by email or posted on the
Website. Use of the Services by you following such notification constitutes your
acceptance of any new or increased charges.
- THIRD PARTY WEBSITES. The Website may contain links to third
party websites that are not owned or controlled by Company. When you access
third party websites, you do so at your own risk. Company encourages you to be
aware when you leave the Website and to read the terms and conditions and
privacy policy of each third party website that you visit. Company has no
control over, and assumes no responsibility for, the content, accuracy, privacy
policies, or practices of, or opinions expressed in any third party websites. In
addition, Company will not and cannot monitor, verify, censor or edit the
content of any third party site.
By using the Website, you expressly relieve Company from any and all liability
arising from your use of any third party website. 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
Company shall 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 Company is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release
Company, 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.
- TERMINATION. This Agreement shall remain in full force and effect while you
use the Website. You may terminate your use of the Website or your membership at
any time by following the instructions on the Website. Company may terminate
your access to the Website (and/or any feature thereof) or your membership at
any time, for any reason, and without warning, which may result in the
forfeiture and destruction of all information associated with your membership.
Company may also terminate or suspend any and all Services and access to the
Website immediately, without prior notice or liability, if you breach any of the
terms or conditions of this Agreement. Any fees paid hereunder are
non-refundable. Upon termination of your account, your right to use the
Services, access the Website, and any Content will immediately cease. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, and limitations of liability.
- MISCELLANEOUS. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further rights
hereunder. Company shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause beyond
Company’s reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including "line-noise"
interference). If any provision of this Agreement is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and effect
and enforceable. This Agreement is not assignable, transferable or sub
licensable by you except with Company’s prior written consent. Company may
transfer, assign or delegate this Agreement and its rights and obligations
without consent. This Agreement shall be governed by and construed in accordance
with the laws of the state of Gujarat without regard to the conflict of laws
provisions thereof. No agency, partnership, joint venture, or employment is
created as a result of this Agreement and you do not have any authority of any
kind to bind Company in any respect whatsoever.
- Questions if you have any questions or notices of violation of this
Agreement, please contact the editor of the website or service in question, or
send an email to info (at) jaldibol.com.
Effective: August 23rd, 2008