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VEDANTI'S SERVICES ("SERVICES") INCLUDE
PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND
CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON
NOTICE FROM VEDANTI. PROCEEDING WITH THE USE OF THE SERVICES, OR THE
CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES,
CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF
YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST QUIT THIS SITE AT ONCE.
VEDANTI™
INCORPORATED
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("End-User Agreement") is an
agreement between you and VEDANTI, promoted by a Guwahati based company,
SM Computer Consultants Pvt. Ltd. located at 2nd floor, The Institution
of Engineers, Panbazar,
Guwahati 781 001, Assam, India ("Company").
I. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company is provided to you ("User")
under the terms and conditions of this End-User Agreement, and any
amendments thereto and any operating rules or policies that may be
published from time to time by Company, all of which are hereby
incorporated by reference. The End-User Agreement comprises the entire
agreement between User and Company and supersedes any prior agreements
pertaining to the subject matter contained herein. BY VISITING THIS SITE,
YOU ARE AGREEING TO BE BOUND BY THE END-USER AGREEMENT.
II. DESCRIPTION OF SERVICES
Company is providing User with any or all of the following services: (a)
electronic mail; (b) meta-search; (c) community services; (d) Placement
services; (e) Matrimonial services; (f) Free home page services; (g)
E-shopping; (h) Live discussion; (i) Live video; (j) News; (k) Property
trading services etc and/or (l) any other services which Company may
provide in the future. These Services are provided to User at the
discretion of the Company, and Company has no obligation to provide the
Services directly to User. Company does not charge User for the
Services, but may charge for enhancements User may elect to obtain
(though Company may in the future charge a fee for use of the Services).
VEDANTI reserves the right to delete any User's account if such User
does not access such account for a period of sixty (60) consecutive
days.
Company reserves the right to modify or discontinue, temporarily or
permanently, the Services with or without notice to User. User agrees
that Company and their third party service providers shall not be liable
to User or any third party for any modification or discontinuance of the
Services.
III. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the
Services. Users under the age of thirteen (13) must have their parent's
or legal guardian's consent to register for the services. In
consideration of use of the Services, User agrees to: (a) provide true,
accurate, current and complete information about User as prompted by the
registration form; and (b) to maintain and update this information to
keep it true, accurate, current, and complete. This information about a
User shall be referred to as "Registration Data." If any
information provided by User is untrue, inaccurate, not current or
incomplete, Company has the right to terminate User's account and refuse
any and all current or future use of the Services.
IV. USE OF REGISTRATION DATA
User agrees that Registration Data is shared with the Company and agrees
not to contact User if User states a preference not to be contacted.
Company shall inform Management if User states a preference not to be
contacted. However, VEDANTI shall have no responsibility or liability if
Management contacts, or permits a third party to contact or provides or
discloses User's Registration Data to any third party.
User agrees Company, Management or a designee of a Company or Management
may disclose Registration Data to third parties about User and
information about User's use of the Services provided that such
disclosures do not include User's name, mailing address, email address,
telephone or facsimile number, or account number unless User has
authorized VEDANTI and/or Management to disclose such information, or as
required by law or legal process, or as set forth in Paragraph VII
below.
The End-User Agreement includes the terms and conditions of Company's
Privacy Policy and which is hereby incorporated by reference. In the
event of any inconsistency between this Agreement and the Privacy
Policy, the terms and conditions of the Privacy Policy shall take
precedence.
The collection of private information from a User under the age of
thirteen (13) is governed by the Children's Online Privacy Protection
Act (COPPA). Company will not collect personally identifiable
information from User's under the age of thirteen (13) without such
User's parent's or legal guardian's consent and Company requires
Management to comply with COPPA as well. Company will ask for consent
during the registration process, however, User's parent or legal
guardian may change or revoke consent at any time upon notice to
Company.
V. USER CONTENT
Company considers email transmitted via the Services to be the private
correspondence of the sender. Neither Company nor Management will
monitor, edit or disclose the contents of a User's private
communications, except that User agrees Company, Management, and their
third party service providers may do so: (a) as required by law; (b) to
comply with legal process; (c) if necessary to enforce the End-User
Agreement; (d) to respond to claims that such contents violate the
rights of third parties; (e) to protect the rights or property of
Company, Management, its third party service providers or others.
User acknowledges that content posted to public community areas is
publicly available and that Company does not take any responsibility for
such public content. However, Company reserves the right to remove any
public content posted by a User which violates any law or condition of
this Agreement upon notice of such violation.
User understands and agrees that technical (and sometimes manual)
processing of email communications, search requests, community postings,
and any other information supplied by User is and may be required (a) to
send and receive messages; (b) to conform to the technical requirements
of connecting networks; (c) to conform to the limitations of the
Services; or (d) to conform to other, similar technical requirements.
User acknowledges and agrees that Company, Management, and their third
party service providers do not endorse the content of any User
communications and are not responsible or liable for any unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful,
vulgar, obscene, tortuous, or otherwise objectionable content, or
content that infringes or may infringe the intellectual property or
other rights of another.
VI. USERNAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose the first part of its username which will
be followed by the "@" symbol 's domain name. (A complete
username might look like this: YourNameHere@vedanti.com.) You agree to
choose a username which is unique and not obscene, unlawful or otherwise
objectionable, in VEDANTI's sole discretion. VEDANTI shall own your
complete username.
User will receive a password and account designation upon completing the
registration process. User is responsible for maintaining the
confidentiality of the password and account, and is fully responsible
for all activities, which occur under User's password or account. User
agrees to immediately notify VEDANTI of any unauthorized use of User's
password or account or any other breach of security.
VII. USER CONDUCT
User agrees to abide by all applicable local, state, national, and
international laws and regulations in User's use of the Services, and
agrees not to interfere with the use and enjoyment of the Services by
other Users. User agrees to be solely responsible for the contents of
User's private and public communications uploaded, posted, emailed or
otherwise transmitted through the Services.
User agrees (a) not to use the Services for illegal purposes; (b) not to
interfere with or disrupt the Services or servers or networks connected
to the Services; (c) to comply with all requirements, procedures,
policies and regulations of networks connected to the Services; (d) not
to resell the Services or use of or access to the Services; and (e) to
comply with all applicable laws regarding the transmission of technical
data exported from the United States.
User agrees not to upload, post, email or otherwise transmit through the
Services: (a) any unlawful, harassing, libelous, privacy invading,
abusive, threatening, harmful, vulgar, obscene, indecent or otherwise
objectionable material of any kind; (b) any material that violates the
rights of another, including but not limited to the intellectual
property rights of another; (c) any material that violates any
applicable local, state, national, or international law or regulation;
or (d) unsolicited or unauthorized advertisements, promotional
materials, "junk mail," "SPAM," "chain
letters," or other forms of solicitation. User agrees not to
attempt to gain unauthorized access to other computer systems or
networks connected to the Services. User agrees and acknowledges that
VEDANTI may ban User from future use of the Services, even if User
attempts to use the Services through another Management or under a
different name. Furthermore, User agrees and acknowledges that VEDANTI
may recover damages from User if User abuses these terms.
VIII. INDEMNITY
User agrees to indemnify and hold Company, Management, and their third
party service providers, and their parents, subsidiaries, affiliates,
officers, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of User's use of the Services, User's connection to the Services,
User's violation of the End-User Agreement, or User's violation of any
rights of another.
IX. STORAGE OF COMMUNICATIONS
Company, Management, and their third party service providers assume no
responsibility for the deletion or failure to store email messages,
communications or other content maintained or transmitted through the
Services. Company may establish an upper limit on the size of message
storage it will maintain for User.
X. TERMINATION
a. User agrees that Company, Management or their third party service
providers may terminate User's password, account or use of the Services
if Company, Management or their third party service providers believe
(a) that User has violated or acted inconsistently with the letter or
spirit of the End-User Agreement; or (b) that User has violated the
rights of Company, Management or their third party service providers or
other Users or parties. User further agrees that Company, Management,
and their third party service providers may terminate User's password,
account or use of the Services if User fails to use the Services at
least one time during a reasonable period of time as determined by
Company from time to time, which period shall not be less than sixty
(60) days.
b. User acknowledges and agrees that any termination of Services under
any provision of this Agreement may be effected without prior notice,
and acknowledges and agrees that Company may immediately delete User's
account and all related information, communications and files, and bar
any further access to such account, communications, files or the
Services.
XI. LINKS
The Services may provide, or Users may include in email or community
postings, links to other websites or resources. User acknowledges and
agrees that Company, Management, and their third party service providers
are 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.
XII. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to
text, software, music, sound, photographs, graphics, video, or other
material contained in sponsor advertisements or information presented to
User through the Services or advertisers is protected by copyrights,
trademarks, service marks, patents, or other proprietary rights and
laws. User acknowledges and agrees that User is permitted to use this
material and information only as expressly authorized by Company,
Management or advertisers, as applicable, and may not copy, reproduce,
transmit, distribute, or create derivative works of such content or
information without express authorization.
XIII. DISCLAIMER OF WARRANTIES
a. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT MEMBER'S SOLE
RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
b. COMPANY, MANAGEMENT, AND THEIR THIRD PARTY SERVICE PROVIDERS
EXPRESSLY DISCLAIM 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.
c. COMPANY, MANAGEMENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO
WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
d. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA OR
OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR
FROM THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT
USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
e. COMPANY, MANAGEMENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM COMPANY, MANAGEMENT OR THEIR THIRD PARTY SERVICE PROVIDERS OR
THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
g. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XIV. LIMITATION OF LIABILITY
a. USER AGREES THAT COMPANY, MANAGEMENT, AND THEIR THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY,
MANAGEMENT OR THEIR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
b. USER FURTHER AGREES THAT COMPANY, MANAGEMENT, AND THEIR THIRD PARTY
SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION
WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR
ADVERTENT.
c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
XV. GENERAL
Unless otherwise provided in this Agreement, any notice to User
regarding the Services shall be made via email, regular mail or
facsimile. Company's 's third party service providers are intended
beneficiaries of the End-User Agreement. Company shall not be liable to
User for any breach by Management of this Agreement or the Privacy
Policy. The laws of India without regard to its conflict of law
provisions shall govern the End-User Agreement and the relationship
between User and Company. User, Company, agree to submit to the personal
and exclusive jurisdiction of the courts located within Guwahati, Assam,
India. The failure of Company, Management, and their third party service
providers to exercise or enforce any right or provision of the End-User
Agreement shall not constitute a waiver of such right or provision. If
any provision of the End-User Agreement 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 End-User
Agreement remain in full force and effect. User agrees 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 Services or the End-User
Agreement must be filed within 3 months after such claim or cause of
action arose or be forever barred.
When using the online "Help" forum of our website to post your
questions and/or comments, you will be asked to indicate your name,
email address, and message. When posting your message, your name, email
address, and message are publicly displayed and available to anyone who
may visit those pages on which you have posted your questions and/or
comments.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the
appropriate use of information, we have put in place appropriate
physical, electronic, and managerial procedures reasonably designed to
safeguard and secure the information we collect online.
We use SSL (Secure Socket Layer) encryption to secure personal
identification. In addition, personnel who have access to our database
are trained to maintain and secure all information.
If you have submitted information on our site but do not currently have
an account with us, you can access and correct the information that we
collect and maintain by contacting us.
To protect your privacy and security, we will take reasonable steps to
verify your identity before granting access or making corrections to
your information.
How to Contact Us
Should you have other questions or concerns about this privacy policy,
please contact us by phone (98540 53357) or email (webmaster@vedanti.com
or postal mail (SM Computer Consultants Pvt. Ltd. 2nd floor, The
Institution of Engineers, Panbazar,
Guwahati 781 001, Assam, India).
Email, Search, and Community Specific Terms and Conditions
VEDANTI considers email transmitted via our service to be private
correspondence between the sender and recipient. Therefore, we will not
monitor, edit, or disclose the contents of your private communications,
except for reasons provided for in the Terms.
Content posted to public community areas is publicly available and
VEDANTI reserves the right to remove any publicly posted content that is
objectionable.
Advertising Sales Specific Terms and Conditions
VEDANTI works with third parties that serve ads to our network of sites.
These third parties may use the demographic and/or behavioral data
provided by Managements to deliver relevant, targeted advertisements to
the Management Site. This demographic and behavioral data is obtained
and maintained in a manner such that no connection can be drawn between
the profiles supplied to the third parties and the End-User's personally
identifiable information.
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