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| Terms of Use Date of Last Revision: March 2, 2009. Welcome to www.ap2009.in, a socio-political utility that connects you with the people, information and news about Andhra Pradesh elections 2009. By using or accessing the ap2009.in, you agree that you have read, understand and are bound by these Terms of Use ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the ap2009.in after any such changes constitutes your acceptance of the new Terms. Privacy We care about the privacy of our users and encourage you to read our Privacy Policy. Eligibility You may not use the ap2009.in if you are under 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the ap2009.in. Registration; Account Security When you register for and use the ap2009.in, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately to support@ap2009.in. Prohibited Conduct By using or accessing the Ap2009.in, you represent, warrant and agree that you will not:
User Content By using or accessing the Ap2009.in, you represent, warrant and agree that you will not Post:
"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the Ap2009.in. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the Ap2009.in. All the Posted content shall be moderated and published in discretion of ap2009.in IP Complaints We respect the IP rights of others and we prohibit users from Posting User Content that violates another party′s IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on the Ap2009.in infringes your IP rights, please mail support@ap2009.in. All IP claims can be made through that mail, including any copyright claims, will be handled in accordance with the cyber laws of India. If you are a user whose User Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please mail support@ap2009.in. Mobile There are features of the Ap2009.in that may be accessible via certain mobile carriers (the "Mobile Services"). While we currently do not charge for these Mobile Services, your carrier′s normal messaging, data and other rates and fees will still apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on the Ap2009.in to ensure that your messages are not sent to the person that acquires your old number. Your Privacy Practices We respect the privacy rights of third parties, and you must do so as well on the Ap2009.in. If you collect, access or use information relating to any user of the Ap2009.in (including information contained in any user profile) you must obtain consent from the user otherwise provided as information to be known and make it clear to the user that the collection, access and use is being carried out by you and not Ap2009.in. Ownership; Proprietary Rights Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Ap2009.in are the property of Ap2009.in and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, AP2009.IN and all related logos, are trademarks of Ap2009.in. Except as expressly authorized by Ap2009.in in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks. Licenses You are solely responsible for the User Content that you Post on or through the Ap2009.in. You hereby grant Ap2009.in an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Ap2009.in or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Ap2009.in or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses If you own or control a website, you may place Ap2009.in′s share link button, logo and/or text (a "Share Link"), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on the Ap2009.in. By offering a Share Link on your website, you agree, represent and warrant that you will not place a Share Link on any page containing content that would violate these Terms if Posted on the Ap2009.in. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Share Links from your website. Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Ap2009.in ("Submissions"), are non-confidential and non-proprietary. Ap2009.in will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you. User Disputes; Complaints You agree not to hold Ap2009.in responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Ap2009.in. This includes transactions conducted on the Ap2009.in as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the Ap2009.in, you release Ap2009.in and its directors, officers, employees and agents (collectively, the "Ap2009.in Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute If you believe that the Ap2009.in or Ap2009.coin′s business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of Ap2009.in′s legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the Ap2009.in is unfair, fraudulent or unlawful with respect to that issue. Indemnity You agree to indemnify and hold Ap2009.in Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys″ fees) ("Claim") arising out of or related to your (a) use of the Ap2009.in or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Ap2009.in reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Ap2009.in, and you agree to cooperate with Ap2009.in′s defense of these Claims. General Disclaimers USE OF THE AP2009.IN IS AT YOUR OWN RISK. THE AP2009.IN, AP2009.IN WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE AP2009.IN ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AP2009.IN, ITS SUPPLIERS, LICENSORS, AFFILIATES, SPONSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, AP2009.IN, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE AP2009.IN WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE AP2009.IN OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AP2009.IN IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE AP2009.IN (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY. Limitation on Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AP2009.IN ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE AP2009.IN, THE AP2009.IN WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE AP2009.IN, EVEN IF AP2009.IN OR A AP2009.IN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AP2009.IN'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Termination and Changes to the Ap2009.in We may terminate your account on the Ap2009.in, delete your profile and any User Content you have Posted on or through the Ap2009.in, and/or prohibit you from using or accessing the Ap2009.in (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the Ap2009.in at any time without notice. The following sections will survive any termination of your use of the Ap2009.in: Prohibited Conduct, User Content, Your Privacy Practices Donations, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the Ap2009.in, Arbitration, Governing Law; Venue and Jurisdiction and Other. Arbitration With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law. Governing Law; Venue and Jurisdiction You agree that all claims and disputes between you and Ap2009.in that arise out of or relate in any way to the Terms or your use of the Ap2009.in will be governed by the laws under the jurisdiction of Hyderabad, Andhra Pradesh, India (laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Hyderabad, Andhra Pradesh, India. Other The "Ap2009.in" means the features, services and properties that Ap2009.in makes available through (a) www.ap2009.in. or any other Ap2009.in-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the Ap2009.in Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from Ap2009.in at the email address you provide in registering for the Ap2009.in or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the Ap2009.in. Questions Please visit our Help pages for more information. |
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