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Terms And Conditions.. |
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Updated Sep, 2011
Welcome to Dbook –an online rendezvous
Dbook( "us", or "we") operates on its sites (the "Sites"), you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member of the Dbook Community ("Member"). The Dbook services (the "Services") consist of the Community and the Sites.
If you wish to become a Member, communicate with other Members, and make use of the Service, read this Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified by Dbook from time to time. Dbook reserves the right to modify the Agreement from time to time. Dbook will post any modified version of the Agreement on the Sites and your continued use of the Services after such a modified version of the Agreement has been posted constitutes your acceptance to such modified version. You may also receive a copy of this Agreement by emailing us at:
help@Example , Subject: "Terms of Service Agreement".
In addition, when using particular functionalities and features that are part of the Services, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features ("Additional Terms"), which may be posted from time to time. All such Additional Terms of Dbook and the Dbook Privacy Policy are hereby incorporated by refe If such additional functionalities and features are provided to us by any of our partners (such as, but not limited to, media players for content provided by our licensors) the additional terms that govern your use of such functionalities and features are not incorporated into this Agreement, but shall govern your use of such functionalities and features and you hereby agree to comply with and be bound by such terms as a condition to your access and use of such functionalities and features.
1. ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE THIRTEEN (13) YEARS OF AGE OR OLDER. BY ACCESSING AND USING THE SERVICES,YOU ARE CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD.
By using the Services,
you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Sites and have not yet registered to become a Member, your use of the Sites is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.
2. MEMBER ACCOUNT. When you sign up to become a Member and create a Dbook Member account ("Member Account"), you will also be asked to choose a username and a password for your Member Account. You are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile.
3. TERM. This Agreement will remain in full force and effect while you
use the Services and/or are a Member. You may terminate your membership at any
time, for any reason by following the instructions on the "Help" pages, or upon
receipt by Dbook of your written or email notice of termination. Dbook may
terminate your access to the Sites. Dbook may terminate your membership for any
reason effective upon sending notice to you at the email address you provide in
your application for membership or such other email address as you may later
provide to Dbook. If Dbook terminates your membership in the Community because
you have breached the Agreement, you will not be entitled to a refund of any
unused subscription fees, if any.
4. NON-COMMERCIAL USE BY MEMBERS. The Services are for the personal use
of individual Members only, and may not be used in connection with any
commercial endeavors. This includes providing links to other websites, whether
deemed competitive to Dbook or otherwise. Organizations, companies, and/or
businesses may not become Members of Dbook and should not use the Dbook
Services for any purpose. Illegal and/or unauthorized uses of the Services,
including unauthorized framing of or linking to the Sites will be investigated,
and appropriate legal action may be taken. In addition, you may not register for
more than one Member Account, register for a Member Account on behalf of an
individual other than yourself or register a Member Account on behalf of any
group or entity. Furthermore, you may not use or attempt to use another's Member
Account without authorization from us or create a false identity on our
Services.
5. PROPRIETARY RIGHTS IN THE SERVICE. Dbook owns and retains all
proprietary rights in the Services. The Services contain the copyrighted
material, trademarks, and other proprietary information ("Intellectual
Property") of Dbook, and its licensors, including other Dbook Members. Except
for Intellectual Property which is in the public domain or for which you have
been given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such Intellectual Property and the
provision of such Intellectual Property to you through the Services does not
transfer to you or any third party any rights, title or interest in or to such
Intellectual Property, including, without limitation, any intellectual property
rights in any Content (as defined below) and material included therein.
6. CONTENT POSTED ON THE SERVICES. You understand and agree that Dbook may
(but is not obligated to) review any content, communication, information,
Intellectual Property, material, messages, photos, videos, URLs, profiles and
the like (collectively, "Content") that is uploaded, published or displayed
(hereinafter, "posted") on the Services and delete or refuse to take online any
such Content, including, without limitation, any Content that in the sole
judgment of Dbook violates this Agreement or which might be offensive,
inappropriate, illegal, or that might violate the rights, harm, or threaten the
safety of other Members or third parties. You are solely responsible for the
Content that you post on the Services, or transmit to other Members or third
parties. By posting Content to any area of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to Dbook
an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide
license to reproduce, distribute, publicly display and perform (including by
means of a digital audio transmission), and otherwise use Content and to prepare
derivative works of, or incorporate into other works, such Content, and to grant
and authorize sublicenses of the foregoing. In addition, you represent and
warrant that you have the right to post the Content and you will not post any
illegal or prohibited Content and will not infringe, misappropriate, violate or
contravene any third party rights (including, without limitation, any
intellectual property rights). The following is a partial list of the kind of
Content that is illegal or prohibited on the Sites ("Prohibited Content").
Dbook reserves the right (but is not obligated) to investigate and to take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending Content from the
Service and terminating the membership of such violators. Prohibited Content
includes Content that:
(a) is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(b) harasses or advocates harassment of another person;
(c) involves the transmission of "junk mail," "chain letters," or unsolicited
mass mailing or "spamming";
(d) promotes information that you know is false, misleading or that promotes
illegal activities or conduct that is illegal, abusive, threatening, obscene,
defamatory or libelous;
(e) promotes an illegal and/or unauthorized ("pirated") copy of another person's
copyrighted work (whether marked as such, or not), such as, but not limited to,
providing pirated computer programs or links to them, providing information to
circumvent copy-protection mechanisms, or providing pirated music, video or
other pirated Content, or links to such pirated music, video files, or files
that contain such other pirated Content;
(f) contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
(g) displays pornographic or sexually explicit material of any kind and in any
form;
(h) provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
(i) provides instructional information about illegal activities such as, but not
limited to, making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for
commercial or unlawful purposes from other users; and engages in commercial
activities and/or commercial sales without our prior written consent, including,
without limitation, contests, sweepstakes, barter,advertising, and pyramid
schemes;
(k) constitutes, promotes, or is used primarily for the purpose of dealing in:
counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia,
stolen products and items used for theft, unlicensed trade or dealing in stocks
or securities, gambling items, professional services regulated by state
licensing regimes or non-transferable items; or otherwise violates the terms of
this Agreement or creates liability for Dbook.
You must use the Services in a manner consistent with any and all applicable
laws and regulations. You may not engage in advertising to, or solicitation of,
other Members to buy or sell any products or services through the Services,
except as to the extent expressly allowed by Dbook in specific sections of the
Services. You may not transmit any chain letters or junk email to other Members
or other parties. You may not engage in any automated use of the Services, such
as using scripts, bots, or the like, to add friends or send comments or
messages. Although Dbook cannot monitor the conduct of its Members off the
Services, it is also a violation of these rules to use any information obtained
from the Services in order to harass, abuse, or harm another person, or in order
to contact, advertise to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from such advertising or
solicitation, Dbook reserves the right to restrict the number of communications
(including sharing of Content) which a Member may send to other Members in any
twenty-four (24) hour period to a number which Dbook deems appropriate in its
sole discretion.
7. YOUR MEMBER PROFILE. Any Content used for or photographs posted by you
in your Member profile may not contain nudity, violence, sexually explicit, or
offensive subject matter. You may not post a photograph of another person
without that person's permission.
8. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is infringing
is located on the Sites; your address, telephone number, and email address; a
written 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 owner or authorized to act on the
copyright owner's behalf. Dbook's Copyright Agent for notice of claims of
copyright infringement can be reached by writing the following:
Subject : copyrightagent help@Example.com
9. MEMBER DISPUTES. Your interactions with other Members in connection
with the Services or with advertisers, including, without limitation, payment
and delivery of goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and the
other Members or the advertiser. You agree that Dbook will not be responsible
for any loss or damage incurred as the result of any such dealings or with
respect to any other Member's use or disclosure of your personally identifiable
information. If there is a dispute between you and any third party (including,
without limitation, any Member), Dbook is under no obligation to become
involved; however, we reserve the right, but have no obligation, to monitor
disputes between you and other Members.
10. THIRD PARTY CONTENT. Content from other Members, advertisers, and
other third parties may be made available to you through the Services. Because
we do not control such Content,
(a) you agree that we are not responsible for any such Content and
(b) we make no guarantees about the accuracy, currency, suitability, or quality
of the information in such Content, and we assume no responsibility for
unintended, objectionable, inaccurate, misleading, or unlawful Content made
available by other Members, advertisers, and other third parties.
11. RELEASE. To the extent permitted under applicable laws, you hereby
release Dbook from any liability related to:
(a) any incorrect or inaccurate Content posted on the Services, whether caused
by any user of the Services or Member, or by any of the equipment or programming
associated with or utilized in the Services;
(b) the conduct, whether online or offline, of any user of the Services or
Member;
(c) any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of email or Content players on account of technical problems or traffic
congestion on the Internet or at any Sites, or combination thereof, including
injury or damage to user's and/or Member's or to any other person's computer
related to or resulting from participating or downloading materials in
connection with the Services;
(d) any loss or damage caused by Content posted on the Services or transmitted
by and to Members, or any interactions between users of the Sites and/or
Members, whether online or offline; and
(e) any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, Sites user or Member communications.
12. DISCLAIMER. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE
SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND Dbook EXPRESSLY DISCLAIMS
ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO,THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND
Dbook DOES NOT GUARANTEE AND DOES NOT PROMISE
(A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES;
(B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;
(C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; OR
(D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE.
Dbook DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
13. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE
LAWS, Dbook SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT,
CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO
LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES.
14. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed by
the laws of INDIA without giving effect to any conflict of laws principles that
may provide the application of the law of another jurisdiction. You and Dbook
agree to submit to the jurisdiction of, and agree that venue is proper in, the
state courts located in Delhi, INDIA in such legal action or proceeding. Please
note that the laws of the jurisdiction where you are located may be different
from Indian law. You shall always comply with all the international and domestic
laws, ordinance, regulations and statutes that are applicable to your use of the
Services.
15. ELECTRONIC COMMUNICATIONS. The communications between you and Dbook use
electronic means, whether you visit the Sites or send us emails, or whether
Dbook posts notices on the Services or communicates with you via email. For
contractual purposes, you
(a) consent to receive communications from Dbook in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and
other communications that Dbook provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were be in
writing. The foregoing does not affect your non-waivable rights.
16. INDEMNITY. You agree to indemnify and hold Dbook, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Services in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
17. OTHER. This Agreement contains the entire agreement between you and
Dbook regarding the use of the Services. If any provision of this Agreement is
held invalid, the remainder of this Agreement shall continue in full force and
effect. Notwithstanding any other provisions herein, no party will be deemed as
a third-party beneficiary to this Agreement and a third party (including another
Member) who is not a party to this Agreement has no right to enforce any term of
this Agreement. If any provision of this Agreement is found to be invalid or
unenforceable, such provision will be changed and interpreted to accomplish the
objectives to the greatest extent possible under any applicable law and the
remaining provisions will continue in full force and effect. The failure of
Dbook 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 in this
Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
18. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2011- 2015, Dbook. All
rights reserved. The trademarks, logos and service marks ("Marks") displayed on
the Services are our property or the property of other third parties. You are
not permitted to use these Marks without our prior written consent or the
consent of such third party which may own the Mark.
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