TERMS OF — USE AGREEMENT
Proprietary Rights in Content
Acceptable Use Policy (AUP)
Limitation on Liability
Modifications to Service
Indiansite.com.au (‘Website’) is a community-based website aimed at catering to the tastes and preferences of Indian community in Australia. The Website is divided into different categories, like news, entertainment, lifestyle, cricket, etc. offering different services and features (collectively, ‘Services’) to its users.
This Agreement as well as the Services provided hereof are subject to changes and/or modifications in our sole discretion, at any time and without any notice to anyone. Any such change and/or modification in this Agreement or Services shall come into effect on their posting on this web page or the relevant page where the original guidelines were displayed. You are advised to visit this page and read all the associated guidelines carefully at the time of using any of the Services provided hereof.
Membership of the Website is void where prohibited. By using any of the Services provided hereof, you represent and warrant that –
- you have the right, authority, and capacity to enter into this Agreement;
- if you are a minor (i.e., an individual below the age of 18 years), you have the requisite parental/guardian consent to visit the Website and/or use the Services provided hereof;
- you shall be solely responsible for all the activity – authorized or unauthorised – under your account;
- you shall abide by all the terms and conditions laid out herein;
- Your use of the Website and/or Services provided hereof shall not violate any applicable law, rule or regulation.
The use of this Website and/or the Services provided herein is free, unless you buy anything being offered for sale on or through the Website. However, we reserve the right to charge for any current and/or future Services provided herein, and to change the fee structure from time to time in our sole discretion. No user whose membership to the Website is terminated for violation of any of the provisions contained herein shall be entitled to refund of any unused portion of subscription fees, if applicable.
All the registered members of the Website shall be assigned a unique username and password of their choice. You shall be solely responsible and liable –
- for maintaining the security, confidentiality and safety of your password;
- for any disclosure of your password to any third party through any means whatsoever;
- for using the account of another member, at any time;
- for all uses of your account, whether authorised or unauthorised; and
- to notify us immediately, if you suspect any unauthorized use of your account or access to your password.
5. Proprietary Rights in Content
Some of the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, ‘Content’) appearing on the Website are posted by the members. We do not claim any ownership rights in such Content. However, by posting any Content on or through the Website, you hereby grant us a worldwide, limited, non-exclusive, fully-paid, royalty-free, sub-licensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website and/or our affiliates and partner websites.
In addition to the Content posted by the members, this Website may also feature Content proprietary to us. Such Content is protected by copyright, trademark, patent, trade secret and other national and international laws and treaties relating to the Intellectual Property. We own and retain all rights in such Content and the Website Services provided hereof. We hereby grant you a limited, revocable, non-sub-licensable license to reproduce and display the Website Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Website Services provided hereof.
6. User Content
By posting any Content on or through the Website, you represent and warrant that –
- you own such Content or otherwise have the right to grant license set forth in the preceding Clause 4;
- such Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
- you shall pay all royalties, fees, and any other amount owing to any person by reason of such posted Content; and
- you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Website, except the Content posted by you.
We claim immunity from liability to the fullest extent under the law for the Content provided by third parties and members; and nothing in this Agreement is intended to waive, remove, or usurp such immunity.
We reserve the right to delete any Content that violates this Agreement or which, in our sole judgment, may be offensive, illegal or violate the rights, or harm, or threaten the safety of, any person. We shall not be liable for monitoring the Website Services for inappropriate Content or conduct. However, we reserve the right to exercise our discretion any time to monitor the Website Services and the posted Content. Nonetheless, we assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
Further, we disclaim any liability for:
- the user posted Content posted, or any material or information transmitted to other members, and for their own interactions with other users by the members of the Website;
- the user posted Content, since we do not control, review or endorse such posted Content;
We make no warranties, express or implied, as to the accuracy and/or reliability of the user posted Content or any material or information that may be transmitted among the members.
7. Acceptable Use Policy (AUP)
The following is a partial list of the kind of Content, which is considered illegal, and thus, prohibited from being posted on the Website:
- illegal, harmful, threatening, violent, abusive, harassing, tortuous, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- sexual, pornographic, obscene, containing nudity, paedophilic, or comprising offensive subject matter or containing a link to an adult website;
- harmful in any way to minors;
- providing any personal information including, without limitation, the contact details of anyone;
- trying to impersonate any person or entity or falsely state or otherwise misrepresent in any manner whatsoever;
- infringing any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- involving the transmission of junk or spam mail;
- containing restricted or password-only access pages or hidden pages or images;
- transmitting any Content, which contains viruses, worms, Trojans, Spyware or any other computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- solicits passwords or any other personal identifying information for commercial or unlawful purposes from other users;
- involving commercial activities and/or sales without our prior written consent, including without limitation, starting contests, sweepstakes, barter, advertising, or pyramid schemes;
- providing instructional information about any kind of illegal activity or activities, including without limitation, making or buying illegal weapons, explosives, etc.;
- using any robot, spider, or any other automatic device or manual process to monitor or copy the web pages or the Content of the Website;
- intentionally or unintentionally violating any applicable local, State, national or international law and/or any regulation having the force of law;
- covering or obscuring banner advertisements on any Website page using HTML/CSS or any other technical or non-technical means; or
- any Content that has the effect of accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on member’s profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Clause 6, including without limitation, removing the offending Content from the Website and/or suspending and/or terminating the membership of such violators.
You agree to indemnify and hold us and our 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 Website and/or the Service provided hereof, your use of the Website, your connection to the Website, your violation of this Agreement, your violation of any rights of any third party, or any other loss we suffer due to your direct or indirect conduct.
10. Limitations on Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR — USE OF THE WEBSITE AND/OR THE SERVICES PROVIDED HEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CA– USE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES PROVIDED HEREOF.
11. Modifications to Service
We reserve the right to modify and/or discontinue, temporarily or permanently, this Website or any part thereof with or without notice to anyone, at any time and from time to time, in our sole discretion. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website and/or any part thereof.
This Website may also feature advertisements from third party websites. We disclaim your communications or subsequent transactions with the advertisers or promoters found on or through this Website, including payment and/or delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings. We do not approve or disapprove of or endorse any of such linked websites. You access these third-party sites at your own sole risk. You agree that we shall not be liable for any loss or damage incurred as a result of any such dealing(s).
13. Other Disclaimers
- We shall not be liable for any incorrect or inaccurate Content posted on the Website, whether caused by user posted Content or by any of the equipment or programming associated with or utilised on the Website, although it is our endeavour to deliver correct and accurate Content.
- The profiles created and posted by the members on the Website may contain links to other websites. We shall not be responsible for the Content, accuracy or opinions expressed on such linked websites, since such linked websites are not investigated, monitored or checked for accuracy or completeness by our team.
- We shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user and/or member communications.
- We shall not be responsible for any technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with this Website and/or the Services provided hereof.
- We shall not be liable for the conduct, whether online or offline, of any user of this Website.
- We disclaim any loss or damage, including personal injury or death, resulting from (i) the use of the Website, (ii) attendance at any event sponsored and/or organized by us, (iii) any Content posted on or through the Website, or (iv) the conduct of any user of the Website, whether online or offline.
- This Website is provided on an “as is and as available” basis. We disclaim any warranty of fitness for a particular purpose or non-infringement.
- We cannot and do not guarantee any specific results from the use of the Website and/or the Services provided hereof.
- No advice or information, whether oral or written, obtained from the Website shall create any warranty not expressly stated herein.
14. Miscellaneous Provisions
- This Agreement is accepted upon your use of the Website and/or the Services provided herein and is further affirmed by you becoming a member of the Website and/or posting any Content using any of the Services provided hereof.
- This Agreement constitutes the entire agreement between you and us regarding the use of the Website and/or the Services provided hereof, and the subject matter dealt with herein. Further, all previous agreements and/or commitments between you and us stand superseded by the provisions contained herein.
- Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
- The Section Titles herein are for convenience only and shall have no legal or contractual effect.
- This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is declared unlawful, void or unenforceable, such provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions herein.
15. Governing Law
All the disputes arising out of or related to the subject matter dealt with herein and/or your relationship with this Website and/or your use of this Website shall be subject to the laws and courts in the State of New South Wales, Australia, without regard to conflict of law provisions and you agree to the exclusive personal jurisdiction and venue in the courts of the State of New South Wales, Australia.
Either you or us may demand that any dispute must be settled by arbitration utilizing the dispute resolution procedures of the Australian Centre for International Commercial Arbitration (ACICA) or The Institute of Arbitrators and Mediators, Australia (IAMA), provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.