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Terms of Service
Acceptance of Terms
Welcome to HamaraShehar.com/ MeraShehar.com/ ApnaShehar.com/
ManaPattanam.com/ HamaraShahar.com. All these domains are the property of "Ardent
Citylink Services Pvt. Ltd., Hyderabad, Andhra Pradesh, India" and are referred
as "ACS" in the rest of this document.
ACS provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You can review the most current version of the TOS
at any time at: http://www.HamaraShehar.com/docs/tos.htm.
In addition, when using particular ACS services, you and ACS 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.
Description of Service
ACS currently provides users with access to various
communications tools, forums, shopping services, personalised content through
its network of properties (the "Service"). You also understand and agree that
the Service may include advertisements and that these advertisements are necessary
for ACS to provide the Service. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release
of new ACS properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that ACS assumes no responsibility
for the timeliness, deletion, mis-delivery, or failure to store any user communications
or personalisation settings.
You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet Service
Provider). 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.
Please be aware that ACS has created certain areas
on the Service that contain adult or mature content. You must be at least 18
years of age to access and view such areas.
Your Registration Obligations
In consideration of your use of the Service, you
agree to:
- Provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information
being the "Registration Data") and
- 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 ACS has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, ACS
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).
Please remember that the Service is designed to
appeal to a broad audience. ACS is concerned about the safety and privacy of
all its users, particularly children. If you are parent or legal guardian of
child(ren) under age 18, it is your responsibility to determine whether any
of the Services and/or Content are appropriate for your child.
ACS Privacy Policy
Registration Data and certain other information
about you is subject to our Privacy Policy. For more information, see our full
privacy policy at http://www.HamaraShehar.com/docs/privacy_policy.htm
Member Account, Password and Security
You will receive a password and account designation
upon completing the Service's 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:
- Immediately notify ACS of any unauthorised use
of your password or account or any other breach of security, and
- Ensure that you exit from your account at the
end of each session. ACS cannot and will not be liable for any loss or damage
arising from your failure to comply.
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 ACS, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
ACS 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 ACS 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:
- Upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening, abusive, harassing,
torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including,
but not limited to, a ACS official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted through the Service;
- 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);
- 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;
- Upload, post, email, transmit or otherwise make
available any unsolicited or unauthorised advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas (such as shopping rooms) that are designated
for such purpose;
- 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;
- Disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other users' ability
to engage in real time exchanges;
- 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;
- Intentionally or unintentionally violate any
applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the Securities and Exchange Board of
India, any rules of any national or other securities exchange, including,
without limitation, the Bombay Stock Exchange, Hyderabad Stock Exchange or
the National Stock Exchange, and any regulations having the force of law;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users.
You acknowledge that ACS does not pre-screen Content,
but that ACS 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, ACS 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 ACS or submitted to ACS, including without limitation information
in ACS Discussions, Citizens' Pages, and in all other parts of the Service.
You acknowledge and agree that ACS 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:
- Comply with legal process;
- Enforce the TOS;
- Respond to claims that any Content violates
the rights of third-parties; or
- Protect the rights, property, or personal safety
of ACS, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve
- Transmissions over various networks; and
- Changes to conform and adapt to technical requirements
of connecting networks or devices.
Special Admonitions for International Use
Recognising 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 United States, India or
the country in which you reside.
Content Submitted or Made Available for Inclusion on
the Service
ACS 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 ACS 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 ACS Clubs and ACS Groups, ACS
Citizens' Pages, 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 ACS Club or ACS 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 ACS 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 ACS Clubs or ACS 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 ACS 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 ACS Clubs or ACS Groups, the perpetual, irrevocable
and fully sublicensable 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 ACS network of properties that are intended by ACS to be
available to the general public. By way of example, publicly accessible areas
of the Service would include ACS Message Boards and portions of ACS Clubs and
ACS Groups that are open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of ACS Clubs and ACS Groups
that are limited to members, ACS services intended for private communication
such as ACS e-Mail, or areas off of the ACS network of properties such as portions
of World Wide Web sites that are accessible through ACS Webring but are not
hosted or served by ACS.
Indemnity
You agree to indemnify and hold ACS, 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.
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.
General Practices Regarding Use and Storage
You acknowledge that ACS 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 ACS'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 ACS 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
ACS reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that ACS reserves the right to change
these general practices and limits at any time, in its sole discretion, with
or without notice.
Modifications to Service
ACS 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 ACS shall not be liable
to you or to any third party for any modification, suspension, or discontinuance
of the Service.
Termination
You agree that ACS, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if ACS believes that you have violated
or acted inconsistently with the letter or spirit of the TOS. ACS may also in
its sole discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that ACS may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you agree
that ACS shall not be liable to you or any third-party for any termination of
your access to the Service.
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 ACS 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.
Links
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because ACS has no control
over such sites and resources, you acknowledge and agree that ACS 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 ACS 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.
ACS'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 authorised by ACS
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.
ACS grants you a personal, non-transferable and
non-exclusive right and license to use the Content, 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 unauthorised access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by ACS for use
in accessing the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACS 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.
- ACS MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ACS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACS 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 ACS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- 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;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
Special Admonition for Services Relating To Financial Matters
The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or investing
purposes. ACS 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.
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.
Copyrights and Copyright Agents
ACS 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 ACS the following
information:
- An electronic or physical signature of the person
authorised 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 authorised 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 authorised to act on the copyright
or intellectual property owner's behalf.
ACS for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Ardent Citylink Services Pvt, Ltd.,
204 Windsor Plaza, Nallakunta,
Near Shankarmath, Hyderabad - 500044
A.P., India
Tel: 040-7607433, 040-7604961
By email: [email protected]
General Information
The TOS constitute the entire agreement between
you and ACS and govern your use of the Service, superseding any prior agreements
between you and ACS. 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 ACS shall be governed
by the laws of the Hyderabad without regard to its conflict of law provisions.
You and ACS agree to submit to the personal and exclusive jurisdiction of the
courts located in Hyderabad, Andhra Pradesh, India. The failure of ACS 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 month 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.
Violations
Please report any violations of the TOS to [email protected].
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