TERMS
OF USE
1. Acceptance of Terms
Tuitionindia.com provides
a collection of online resources, including
classified ads, forums, and various email
services, (referred to hereafter as "the
Service") subject to the following Terms
of Use ("Terms"), which may be
updated by tuitionindia.com from time to time
without notice to you. You can review the most
current version of the Terms at: http://www.tuitionindia.com/about/terms.htm.
By using the Service in any way, you are
agreeing to comply with these Terms. In
addition, when using particular
tuitionindia.com services, you shall be
subject to any posted guidelines applicable to
such services which may be posted from time to
time. All such guidelines or rules are hereby
incorporated by reference into the Terms.
2. Content
You understand that all
postings, messages, text, files, images,
photos, video, sounds, or other materials
("Content") posted on, transmitted
through, or linked from the Service, are the
sole responsibility of the person from whom
such Content originated. More specifically,
you are entirely responsible for all Content
that you post, email or otherwise make
available via the Service. You understand that
tuitionindia.com does not control, and is not
responsible for Content made available through
the Service, and that by using the Service,
you may be exposed to Content that is
offensive, indecent, inaccurate, misleading,
or otherwise objectionable. You agree that you
must evaluate, and bear all risks associated
with, the use of any Content, that you may not
rely on said Content, and that under no
circumstances will tuitionindia.com be liable
in any way for any Content or for any loss or
damage of any kind incurred as a result of the
use of any Content posted, emailed or
otherwise made available via the Service.
You acknowledge that
tuitionindia.com does not pre-screen or
approve Content, but that tuitionindia.com
shall have the right (but not the obligation)
in its sole discretion to refuse, delete or
move any Content that is available via the
Service, for violating the letter or spirit of
the Terms or for any other reason.
You acknowledge and agree
that tuitionindia.com may, in its sole
discretion, preserve or disclose Content, as
well as email addresses, IP addresses,
timestamps, and other user information, 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 Terms; respond to claims
that any Content violates the rights of
third-parties; or protect the rights,
property, or personal safety of
tuitionindia.com, its users or the general
public.
Although tuitionindia.com
does not claim ownership of content that its
users post, by posting Content to any public
area of the Service, you automatically grant,
and you represent and warrant that you have
the right to grant, to tuitionindia.com an
irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform,
display, and distribute said Content and to
prepare derivative works of, or incorporate
into other works, said Content, and to grant
and authorize sublicenses of the foregoing.
Additionally, you will defend and indemnify
tuitionindia.com from any third party claim
related to a breach of any of the foregoing
representations and warranties.
Content displayed on or
through the Service is protected by copyright
as a collective work and/or compilation,
pursuant to copyrights laws, and international
conventions. You agree not to reproduce,
duplicate or copy Content from the Service,
and agree to abide by any and all copyright
notices displayed on the Service.
3. Conduct
You
agree not to post, email, or otherwise make
available Content:
that
is pornographic, adult, or mature.
that
refers to gambling or is casino-related;
that
includes illicit drugs or drug paraphernalia;
that
includes hacking/cracking information.
that
is unlawful, harmful, threatening, abusive,
harassing, defamatory, pornographic, libelous,
invasive of another's privacy, or harms minors
in any way;
that
harasses, degrades, intimidates or is hateful
toward an individual or group of individuals
on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or
disability;
that
impersonates any person or entity, including,
but not limited to, a tuitionindia.com
employee, or falsely states or otherwise
misrepresents your affiliation with a person
or entity;
that
includes personal or identifying information
about another person without that person's
explicit consent.
that
employs misleading email addresses, or forged
headers or otherwise manipulated identifiers
in order to disguise the origin of Content
transmitted through the Service;
that
infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any
party, or Content that you do not have a right
to make available under any law or under
contractual or fiduciary relationships.
that
constitutes or contains unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain
letters," "pyramid schemes," or
any other form of solicitation.
that
includes links to commercial services or web
sites, except as allowed in "Services
Offered".
that advertises for sale
weapons or explosives; controlled substances
(including but not limited to) tobacco
products, alcoholic beverages,
pharmaceuticals, illegal drugs; stolen or
counterfeit items; goods or services that do
not in fact exist; items that violate or
infringe the rights of others; any items you
do not have the right to sell; any dangerous
items.
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;
that disrupts the normal
flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or
that otherwise negatively affects other users'
ability to use the Service;
Additionally, you agree
not to:
contact anyone who has
asked not to be contacted.
"stalk" or
otherwise harrass anyone
collect personal data
about other users for commercial or unlawful
purposes.
use automated means,
including spiders, robots, crawlers, data
mining tools, or the like to download data
from the Service - exception is made for
internet search engines (e.g. Google) and
non-commercial public archives (e.g.
archive.org).
4. Limitations on
service
You acknowledge that
tuitionindia.com may establish limits
concerning use of the Service, including the
maximum number of days that Content will be
retained by the Service, the maximum number
and size of postings, email messages, or other
Content that may be transmitted or stored by
the Service, and the frequency with which you
may access the Service. You agree that
tuitionindia.com has no responsibility or
liability for the deletion or failure to store
any Content maintained or transmitted by the
Service. You acknowledge that tuitionindia.com
reserves the right at any time to modify or
discontinue the Service (or any part thereof)
with or without notice, and that
tuitionindia.com shall not be liable to you or
to any third party for any modification,
suspension or discontinuance of the Service.
5. Termination of
service
You agree that
tuitionindia.com, in its sole discretion, may
delete or deactivate your account, block your
email or IP address, or otherwise terminate
your access to or use of the Service (or any
part thereof), immediately and without notice,
and remove and discard any Content within the
Service, for any reason, including, without
limitation, if tuitionindia.com believes that
you have acted inconsistently with the letter
or spirit of the Terms. Further, you agree
that tuitionindia.com shall not be liable to
you or any third-party for any termination of
your access to the Service. Further, you agree
not to attempt to use the Service after said
termination.
6. Dealings with
organizations and individuals
Your interactions with
organizations and/or individuals found on or
through the Service, including payment and
delivery of goods or services, and any other
terms, conditions, warranties or
representations associated with such dealings,
are solely between you and such organizations
and/or individuals. You agree that
tuitionindia.com shall not be responsible or
liable for any loss or damage of any sort
incurred as the result of any such dealings.
7. Proprietary rights
The Service is protected
to the maximum extent permitted by copyright
laws and international treaties. Any
reproduction, modification, creation of
derivative works from or redistribution of the
Sites is prohibited. Copying or reproducing
the sites or any portion thereof to any other
server or location for further reproduction or
redistribution is prohibited. User may not
decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code
contained in the Service. Without limiting the
foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for
any commercial purposes, any aspect of the
Service. tuitionindia.com is a registered mark
in the U.S. and India Patent and Trademark
Office.
8. Disclaimer of
Warranties / Limitation of Liability
You understand and agree
that:
tuitionindia.com
disclaims all warranties of any kind, whether
express or implied.
The Service is provided
on an "as is" and "as
available" basis, and you should not rely
upon it.
Your use of the Service
is at your sole risk, and tuitionindia.com
shall not be liable for any direct, indirect,
incidental, special, consequential or
exemplary damages (even if tuitionindia.com
has been advised of the possibility of such
damages), resulting from any aspect of your
use of or interaction with the Service.
Any warranty not set
forth in this Terms document, including any
set forth by tuitionindia.com employees, will
be invalid.
If any of the above
provisions are void under governing law, our
liability shall be limited to the extent
permitted by law.
9. Indemnity
You agree to indemnify
and hold tuitionindia.com, its officers, and
its employees, harmless from any claim or
demand, including reasonable attorney fees,
made by any third party due to or arising out
of Content you submit, post or make available
through the Service, your use of the Service,
your violation of the Terms, or your violation
of any rights of another.
10. Links
Tuitionindia.com may
provide, or third parties may provide, links
to other World Wide Web sites or resources.
Because tuitionindia.com has no control over
such sites and resources, you acknowledge and
agree that tuitionindia.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 tuitionindia.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.
11. General
information
The Terms constitute the
entire agreement between you and
tuitionindia.com and govern your use of the
Service, superceding any prior agreements
between you and tuitionindia.com. The Terms
and the relationship between you and
tuitionindia.com shall be governed by the laws
of the State of California without regard to
its conflict of law provisions. You and
tuitionindia.com agree to submit to the
personal and exclusive jurisdiction of the
courts located within the county of India,
Hyderabad. The failure of tuitionindia.com to
exercise or enforce any right or provision of
the Terms shall not constitute a waiver of
such right or provision. If any provision of
the Terms 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 Terms 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
Terms must be filed within one (1) month after
such claim or cause of action arose or be
forever barred.
12. Violations of
Terms
Please report any
violations of the Terms, by emailing to
mail@tuitionindia.com
E-mail: info@tuitionindia.com