PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR
RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use Agreement ("Agreement")
for http://pudharivastrabhandar.com an Internet website owned and
operated by Pudhari.
Pudhari operates and controls the Site from its office in India. We make
more presentation that the Site is appropriate or available in other
locations. Accordingly, those persons accessing the Site from other locations
do so on their own initiative and are responsible for compliance with
applicable local laws. Software made available from this Site (including
without limitation game downloads) is subject to Indian export controls. Thus,
no software from this Site may be downloaded, exported or re-exported (a) into
(or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other country to which the United States has embargoed goods; or
(b) to anyone on the India Department's list of Specially Designated Nationals
or the INDIA Commerce Department's Table of Deny Orders. By downloading any
software, you represent and warrant that you are not located in, under the
control of, or a national or resident of, any such country or on any such list.
These terms and conditions regarding your use of the Site constitute a
legally binding agreement between you and Pudhari and your use of the Site
constitutes acknowledgement that you understand and agree to abide by the terms
of this Agreement including any additional terms that govern certain products
and services, which will be presented in conjunction with those products and
services ("Additional Terms"),including the Pudhari User Submission Agreement governing your
submission of User Material (as such term is defined therein) and the Virtual Currency Purchasing Agreement governing
purchases on the Site. The Site may also provide rules of
participation("Rules") for certain activities and services including,
but not limited to, contests and sweepstakes, award programs, subscription services
and e-commerce services ("Services").The term "Site"
includes all websites and web pages within the Site as well as any associated
equivalent, mirror, replacement, substitute or backup websites and web pages.
Unless the context clearly requires otherwise or we explicitly say so in
writing, the term "Site" includes "Material" and
"Services."
The Site's Privacy Policy, Additional Terms and Rules, when
applicable, are hereby incorporated herein by reference. To the extent that
there is a conflict between this Agreement and the Additional Terms or Rules
for the activity in which you choose to participate, the applicable Additional
Terms and/or Rules shall govern. This Agreement will remain in full force and
effect as long as you are a user of the Site and in the event of termination of
any membership, service or feature, you will still be bound by your obligations
under this Agreement, the Privacy Policy, and any Additional
Terms or Rules, including any indemnifications, warranties and limitations of
liability.
The words "use" and/or "using "in this Agreement
mean any time an individual (a "user"), directly or indirectly, with
or without the aid of a machine or device, does or attempts to access, interact
with, use ,display, view, print or copy from, transmit, receive or exchange
data or communicate with, the Site, or in any way utilizes, benefits, takes
advantage of or interacts with any function, service or feature of the Site,
for any purpose whatsoever. This Agreement does not cover your rights or
responsibilities with respect to third party content or sites or any links that
may direct your browser or your connection to third party sites or pages. This
is the entire and exclusive Agreement between you and us regarding use of the
Site and it cannot be modified, except as specifically described below in
Section 2.
1.REGISTRATION AND USE OF PASSWORD
We may require each user to have a unique user name and password
combination in order to use the Site and may also, from time to time, provide
users with additional codes or passwords necessary to access and use certain
features or functions of the Site. Please read our Privacy Policy, which describes the personally
identifiable information("Personal Information") we collect, use,
disclose, manage and store. As part of the registration process you will choose
a user name and password(or we may assign an initial password which we will
give you the option to change). Your user name and password are personal to you
and you may not allow any others to use your user name or password under any
circumstances. We are not liable for any harm caused or related to the theft or
misappropriation of your user name or password, disclosure of your user name or
password, or your authorization of anyone else to use your user name or
password. You agree to notify us immediately if you become aware of or believe
there is or may have been any unauthorized use of your user name or password or
any other need to deactivate your user name or password due to security
concerns.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS.ACCORDINGLY, ALL CONTENT OR
INSTRUCTIONSTRANSMITTED BY OR RECEIVED FROM ANYONEPRESENTING YOUR PASSWORD ON
THE SITEWILL BE DEEMED BINDING ON YOU. You agree that you are solely
responsible and liable for all actions taken via your password, whether or not
made with your knowledge or authority. You agree to guard your password
carefully, with the full awareness that a failure to keep it secure will enable
others to engage in transactions through the Site for which you will be legally
responsible.
2.MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason
in our sole discretion, to change the terms of this Agreement. We will post or
display notices of material changes on the Site and/or e-mail you or notify you
upon login about these changes; the form of such notice is at our discretion.
Such changes and/or modifications shall become effective immediately upon the
posting thereof. Please review the terms of use periodically. Your continued
use of the Site following the posting of changes and/or modifications will
constitute your acceptance of the revised terms of use. You should periodically
review this Agreement, and any applicable Additional Terms, Rules and the Privacy Policy.
3.OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text,
images, photographs, illustrations, audio and video material, artwork, items,
graphic material, databases, Applications, proprietary information and all
copyrightable or otherwise legally protectable elements of the Site, including,
without limitation, the selection, sequence and 'look and feel' and arrangement
of items, and all trademarks, service marks and tradenames (individually and/or
collectively, "Material"), are the property of Pudhari and its
Affiliates, and any of their successors and assigns, and any of the
irrespective licensors, Advertisers (as defined below),suppliers, and
operational service providers and are legally protected, without limitation,
under India, as well as applicable foreign laws, regulations and treaties. On
notice, we will act expeditiously to remove content on the Site that infringes
the copyrights of others and will 'disable access to the Site of anyone who
repeatedly to infringes the intellectual property rights of others. We take
protection of copyrights, both our own and others, very seriously. We therefore
employ multiple measures to prevent copyright infringement over this Site and
to promptly end any infringement that might occur. If you believe that the Site
contains elements that infringe your copyrights in your work, please follow
the procedures set forth in our Copyright Compliance Policy
4.ADVERTISING
From time to time, during your use of the Site, you may communicate
with, receive communications from, be re-directed to, interact with, or
participate in or use the services or obtain goods and services of or from,
third parties such as our advertisers, sponsors, or promotional
partners(collectively, the "Advertisers"). All such communication,
interaction and participation is between you and such Advertisers and we shall
not be responsible or liable to you in any way in connection with these activities
or transactions(including, without limitation, any representations, warranties,
covenants, contracts or other terms or conditions that may exist between you
and the Advertiser or any goods or services you may purchase or obtain from any
Advertiser).
5. AGREEMENTTO DEAL ELECTRONICALLY
All transactions with or through the Site or Pudhari may, at our option,
be conducted and executed electronically. We may keep records of any type of
communication conducted via the Site. All electronic records are deemed sent
when they are properly addressed to the recipient and the record enters an
information processing system outside the control of the sender or the record
enters a region of an information processing system under the recipient's
control. All electronic records are received when the record enters an
information processing system that the recipient has designated or uses for the
purpose of receiving electronic records or information of the type sent, in a
form capable of being processed by that system, and from which the recipient is
able to retrieve the electronic record.
6. RULESOF CONDUCT
Your use of the Site is subject to all applicable local, state, national
laws and regulations and, in some cases, international treaties. You are solely
responsible for all activities, acts and omissions that 1 occur in, from,
through or under your user name or password. You shall not use, allow, or
enable others to use the Site, or knowingly condone use of this Site by others,
in any manner that is, attempts to, or is likely to:
· Be libellous,
defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or
sexually suggestive, racially, culturally, or ethnically offensive, harmful,
harassing, intimidating, threatening, hateful, objectionable, discriminatory,
or abusive, or which may or may appear to impersonate anyone else;
· Affect us
adversely or reflect negatively on us, our goodwill, name or reputation or
cause duress, distress or discomfort to us or anyone else, or discourage any
person, firm or enterprise from using all or any portion, features or functions
of the Site, or from advertising, linking or becoming a supplier to us in
connection with the Site;
· Send or
result in the transmission of junk e-mail, chain letters, duplicative or
unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming"
and "phishing";
· Unless approved by
us, be used for commercial or business purposes, including, without limitation,
advertising, marketing or offering goods or services, whether or not for
financial or any other form of compensation or through linking with any other
website or web pages;
· Transmit,
distribute or upload programs or material that contain malicious code, such as
viruses, time bombs, cancel bots, worms, trojan horses, spyware, or other
potentially harmful programs or other material or information;
· Create
a false identity for the purpose of misleading others or forge any TCP/IP
packet header or part of the header information in any email or newsgroup
posting for any reason;
· Disrupt the
normal flow of Communities (as defined below) with an excessive number of
messages (i.e. flooding attack) or that otherwise negatively affects other
users' ability to participate in Communities;
· Contact
anyone who has asked not to be contacted; "stalk" or otherwise harass
anyone;
· Violate any
laws, regulations(including, without limitation ,laws regarding the
transmission of technical data or software exported from the India), judicial
or governmental order or any treaties, or violate or infringe upon any
intellectual property rights, rights of publicity or privacy or any other
rights of ours or of any other person, firm or enterprise; gain unauthorized
access to the Site, other users' accounts, names, passwords, personally
identifiable information or other computers, websites or pages, connected or
linked to the Site or to use the Site in any manner which violates or is
inconsistent with the terms and conditions of this Agreement;
· Modify,
disrupt, impair, alter or interfere with the use, features, functions,
operation or maintenance of the Site or the rights of use and enjoyment of the
Site by any other person, firm or enterprise; or
· Collect, obtain,
compile, gather, transmit, reproduce, delete, revise, view or display any
material or information, whether personally identifiable or not, posted by
or concerning any other person, firm or enterprise, in connection with
their or your use of the Site, unless you have obtained the express, prior
permission of such other person, firm or enterprise to do so.
If you choose to use the embedded link function, you agree not to embed
a link on or within any illegal site, including but not limited to any site
that is indecent, obscene or pornographic or that is determined to be otherwise
objectionable in our sole and absolute discretion, and we reserve the right to
disable embedded links at any time without notice.
7.LIMITED NON-COMMERCIAL LICENSE TO USESITE
Pudhari hereby grants you a limited license to use the Site only for the
purposes of accessing, viewing or playing content, posting or submitting User
Material (as defined in the Pudhari User Submission Agreement), using the
embedded link function, placing product orders or for accessing information,
Applications (as defined herein) and services solely for your non-commercial, non-exclusive,
non-assignable, non-transferable and limited personal use and for no other
purposes. You must not alter, delete or conceal any copyright or other notices
contained on the Site, including notices on any Material you download,
transmit, display, print or reproduce from the Site. You shall not, nor will
you allow any third party(whether or not for your benefit) to reproduce,
modify, create derivative works from, display, perform, publish, distribute, disseminate,
broadcast or circulate to any third party (including, without limitation, on or
via a third party website), or otherwise use, any Material without the express
prior written consent of Pudhari Any unauthorized or prohibited use of any Material
may subject you to civil liability, criminal prosecution, or both, under
applicable federal, state and local laws.
Pudhari reserves the right to suspend or deny, in its sole discretion,
your use of all or any portion of the Site as described in Section 14. Any
rights not expressly granted to you herein are reserved to Pudhari Minors
should seek consent of his or her legal guardian before using this site.
Unless you have received specific written permission from Pudhari, you may not
(a) "frame" or otherwise impose editorial comment, commercial
material or any information or content on, or IN proximity to, content
displayed on the Site; (b) alter or modify any content on the Site; or (c) deep
link or gain unauthorized access to any portion of the Site. Without limiting
other restrictions, you agree not to reproduce, transmit, sell, or otherwise
exploit the Site for any commercial purpose.
8.LIMITED NON-COMMERCIAL LICENSE TO USEAPPLICATIONS
Pudhari may offer you the ability to use certain applications, including
without limitation, instant messages, chat areas, bulletin boards, e-mail
functions, software and services that allow you to download specific content
from the Site to your computer, multi-player games and software that allows you
to create greetings, puzzles, photographs, musical compositions and mixes,
music videos and cartoons ("Applications").Without limiting your
obligations and restrictions described in Section 7 above, your limited license
to use the Applications is subject to the following conditions:
· The
Applications that are made available to you are the copyrighted work of Pudhari
and/or its Affiliates and/or its suppliers. The use of each Application is
governed by the end user license agreement ("EULA") that accompanies
or is included in the Application or is expressly stated on the Site pages
accompanying the Application and this Agreement. In the event that no EUL A
accompanies the Application, then only this Agreement shall govern your use of
the Application. You may not download or use any Application from the Site
without agreeing to the EULA, if any, and this Agreement. Certain Applications
maybe owned by third parties and distributed under a third-party EULA and you
agree that Pudhari shall not be responsible for any loss or damage of any sort
relating to your dealings with such third parties.
·
Unless expressly stated otherwise in the EULA, you are granted only a
limited license to download and/or use the Application from a single computer
for personal and non-commercial purposes. You may not make copies of or
distribute the Application or electronically transfer the Application from one
computer to another or over a network, nor may you separate any content from an
associated Application. You may not decompile, reverse engineer, disassemble or
otherwise reduce the Application to human perceivable form. You may not rent,
lease or sublicense the Application. You may not create derivative works of the
Application and you may not export the Application involution of any
India. or foreign law, rule or regulation. All rights in Applications not
specifically granted to you in writing by Pudhari are reserved to Pudhari.
· Pudhari
may cease support of any Application at any time in its sole discretion or
terminate your use of or access to any Application, as further described in
below Section 15.
· Applications
you use or download from the Site may contain third party digital rights
management systems ("DRMS")which may allow for communication between
your software and the third party and utilize security features (e.g.,
preventing distribution of or access to the applications in the event of
unauthorized use).These DRMS are subject to their own license agreements and
you agree that Pudhari shall not be responsible for any loss or damage of any
sort relating to or resulting from the use of the DRMS or your dealings with
such third parties. The Applications may also contain DRMS produced by Pudhari which
allow for communication between the applications you use or download and our
systems and which collect information describing your computer system in order
to prevent illegal or unauthorized use of the applications. More specifically,
the DRMS for subscription services and Applications licensed from the Site may
transmit the following pieces of information, along with other information,
when you either enter a purchase key or sign in with your subscription service
user name and password: Operating System, CPU Version Information (including
serial number from a serial-number-enabled Pentium III),BIOS Version
Information ,Net BIOS Computer Name, DOS HD Serial Number, Hard Drive Size /
Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address
and Size of Physical Memory.
9.WIRELESS MARKETING SERVICES ANDPROMOTIONAL OPPORTUNITIES
We may provide users the opportunity to register for special promotions,
services, news, programming and information delivered via text messaging and
other wireless devices such as mobile phones. Users must provide their consent
to receive such information by complying with the specific terms related to
such offering. Information that may be requested for specific promotions
includes, without limitation, a user's preferences regarding goods or services,
choices of music or artists, or other similar survey information. Depending on
the promotion, we may also collect an Internet email address or other
information and, depending on the information collected, the user may also be
required to confirm his or her agreement to this Agreement and, including
without limitation, the Privacy Policy and/or
Additional Terms or Rules.
Under no circumstances will Pudhari or any Affiliates be
responsible for any wireless email or text messaging charges incurred by a user
or by a person that has access to a user's wireless device, telephone number,
or email address.
You understand, acknowledge and agree that we may, at our sole
discretion and without liability to any user, terminate our offer of any
specific wireless marketing service or all wireless marketing services at any
time without advance notice. We may provide notice of such terminations or
changes on this Site.
10. USERCOMMUNICATION FEATURES ANDPOSTINGS
Your comments, suggestions and information are important to us. Portions
of this Site may provide you and other users an opportunity to participate in
instant messaging, forum services, blogs, web communities and other message and
communication facilities ("Communities") and may provide you the
opportunity, through such Communities or otherwise, to submit, post, display,
transmit and/or exchange (a) information, ideas, opinions, messages or other
information ("Post" or "Postings") and (b) User Material.
You understand, acknowledge and agree that such Postings are the sole
responsibility of the person from which such Postings originated. This means
that you are solely and entirely responsible for the consequences of all
Postings that you upload, post, email, transmit or otherwise make available via
the Site. Postings do not reflect the views of the Site, Pudhari, or the
Affiliates. We reserve the right to monitor, edit or screen any Postings. If we
determine, in our sole discretion, that any Posting does or may violate any of
the terms of this Agreement, were serve the right, at any time and without
limiting any and all other rights we may have under this Agreement, at law or
in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings;
(c) revoke your right to use the Site;(d) disclose any information that we deem
necessary to ensure your compliance with all applicable laws and with this
Agreement; and/or (e) use any technological, legal, operational or other means
available to us to enforce the provisions of this Agreement ,including, without
limitation, blocking specific IP addresses or deactivating your registration on
the Site.
If a Posting originates from you or your account, you hereby agree that:
(a) you specifically authorize the Site, Pudhari, and its Affiliates to use
such Posting in whole or in part, throughout the universe, in perpetuity(except
for AG Uploads, as defined in the Pudhari User Submission Agreement) in or on any and
all media, now known or hereafter devised, and alone or together or as part of
other information, content and/or material of any kind or nature;(b) you
represent and warrant that (i) the Posting is original to you and/or fully
cleared for use as contemplated herein, (ii) the Posting does and will not, in
any way, violate or breach any of the terms of this Agreement, (iii) the
Posting does not contain libellous, tortious, or otherwise unlawful
information, infringe or violate any copyright or other right, or contain any
matter the publication or sale of which will violate any federal or state
statute or regulation, (iv) the Posting is not obscene or in any other manner
unlawful,(v) the Posting shall not be injurious to the health of any user, and
(vi) we shall not be required to pay or incur any sums to any person or entity
as a result of our use or exploitation of the Posting; and (c) if your Posting
incorporates the name, logo, brand, service or trademark, voice, likeness or
image of any person, firm or enterprise, you specifically represent and warrant
that (i) you have the right to grant the Site, Pudhari, and its Affiliates the
right to use all such Postings as described above, (ii) the Posting was
produced in compliance with all applicable laws and regulations.
You understand, acknowledge and agree that we have the right to delete,
re-format and/or change your Postings in any manner that we may determine
(although you will not be responsible for any such changes made). The amount of
storage space on the Site per user is limited. Some Postings may not be
processed due to space constraints or outbound message limitations. You
understand, acknowledge and agree that we assume no responsibility for deletion
of Postings or any failure to store, receive or deliver Postings in a timely
manner or any other matter relating to Postings. Posting is for non-commercial
purposes only and you may not Post in any manner which does or is intended to
promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without
limitation, User Material) violates any of the terms of this Agreement (except
for any notices covered by the Copyright Compliance Policy), please click
here