 |
Categories |
 |
|
|
|
 |
About eMallRoad.com |
|
|
|
| Conditions of Use |
 |
|
|
1. ACCEPTANCE OF TERMS
Welcome to eMallRoad.com. eMallRoad.com provides its service to you, subject to
the following Terms of Service hereafter referred as 'TOS', which may be updated
by us from time to time without notice to you. In addition, when using
particular eMallRoad.com services, you and eMallRoad.com shall be subject to any
posted guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by reference
into the TOS. eMallRoad.com also may offer other services from time to time that
are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
eMallRoad.com currently provides users with access to a collection of resources,
including, communications tools, forums, shopping services and branded
programming through its network. You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for
eMallRoad.com to provide the Service. You also understand and agree that the
service may include certain communications from eMallRoad.com, such as service
announcements, administrative messages and the eMallRoad.com Newsletter, and
that these communications are considered part of eMallRoad.com membership and
you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that eMallRoad.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
registration form and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or eMallRoad.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, eMallRoad.com has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any
portion thereof).
4. eMallRoad.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify
eMallRoad.com of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of
each session. eMallRoad.com cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
eMallRoad.com, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. eMallRoad.com does
not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will eMallRoad.com be liable in any way
for any Content, including, but not limited to, 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, emailed, transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to, a eMallRoad.com
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e.
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);
f.
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
h.
upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i.
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
j.
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to any regulations having the
force of law This agreement shall be governed by the laws of India. The Courts
at Bangalore shall have exclusive jurisdiction in any proceedings arising out of
this agreement;
k.
"stalk" or otherwise harass another; or
l.
collect or store personal data about other users.
You acknowledge that eMallRoad.com does not pre-screen Content, but that
eMallRoad.com and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, eMallRoad.com and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by eMallRoad.com or submitted to
eMallRoad.com, including without limitation information in eMallRoad.com Message
Boards, eMallRoad.com Clubs, and in all other parts of the Service.
You acknowledge and agree that eMallRoad.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of eMallRoad.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the India or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
eMallRoad.com does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant eMallRoad.com the following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly
accessible areas of eMallRoad.com Clubs and EMallRoad.com Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purposes of providing and promoting
the specific eMallRoad.com Club or eMallRoad.com Group to which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or eMallRoad.com removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than
EMallRoad.com Clubs or EMallRoad.com Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time you remove or
EMallRoad.com removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than EMallRoad.com Clubs or EMallRoad.com Groups, the perpetual,
irrevocable and fully sub licensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the eMallRoad.com
network of properties that are intended by eMallRoad.com to be available to the
general public. By way of example, publicly accessible areas of the Service
would include eMallRoad.com Message Boards and portions of eMallRoad.com Clubs
and eMallRoad.com Groups that are open to both members and visitors. However,
publicly accessible areas of the Service would not include portions of
eMallRoad.com Clubs and EMallRoad.com Groups that are limited to members, or
areas off of the EMallRoad.com network of properties such as portions of World
Wide Web sites that are accessible through EMallRoad.com Web ring but are not
hosted or served by EMallRoad.com.
9. INDEMNITY
You agree to indemnify and hold EMallRoad.com, and its subsidiaries, affiliates,
officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EMallRoad.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on EMallRoad.com's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that EMallRoad.com
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by
the Service. You acknowledge that EMallRoad.com reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that EMallRoad.com reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
12. MODIFICATIONS TO SERVICE
EMallRoad.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that EMallRoad.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that EMallRoad.com may, under certain circumstances and without prior
notice, immediately terminate your EMallRoad.com account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical issues or problems, and (f) extended periods
of inactivity. Termination of your EMallRoad.com account includes (a) removal of
access to all offerings within the Service, including but not limited to
EMallRoad.com Mail, Groups, Messenger, Chat, Domains, Personals, Auctions,
Message Boards, Greetings, Alerts and Games, (b) deletion of your password and
all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in
EMallRoad.com's sole discretion and that EMallRoad.com shall not be liable to
you or any third-party for any termination of your account, any associated email
address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, 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. You agree that EMallRoad.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because EMallRoad.com has no control over such sites and
resources, you acknowledge and agree that EMallRoad.com is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that EMallRoad.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. EMALLROAD.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
EMallRoad.com or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
EMallRoad.com grants you a personal, non-transferable and non-exclusive right
and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by EMallRoad.com for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. EMALLROAD.COM EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b.
EMALLROAD.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
EMALLROAD.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMALLROAD.COM
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EMALLROAD.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO
FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. EMallRoad.com and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions made based on
such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
EMallRoad.com is trademark owned by Nettigritty Private Limited. Without
EMallRoad.com's prior permission, you agree not to display or use in any manner,
the EMallRoad.com Mark.
23. COPYRIGHTS and COPYRIGHT AGENTS
EMallRoad.com respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide EMallRoad.com the following information:
an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that
you claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and EMallRoad.com and govern
your use of the Service, superceding any prior agreements between you and
EMallRoad.com. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and EMallRoad.com shall be
governed by the laws of the State of Karnataka without regard to its conflict of
law provisions. You and EMallRoad.com agree to submit to the personal and
exclusive jurisdiction of the courts located within Bangalore, Karnataka, India.
The failure of EMallRoad.com to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to pr@emallroad.com.
|
|
 |
|
|
