This is a legal agreement ("Agreement") between ("you")
the user and www.saragarhi.org, a subsidiary of Saragarhi Foundation (the
"Owner"), which will apply to you in respect of any and all services
offered by or acquired from the www.saragarhi.org web site (the "Site")
located at www.saragarhi.org (the "Service"). Upon successful
registration, you become a member of the Service (a "Member"), and
you agree to be bound by all of the terms and conditions of this agreement (the
"Terms") for as long as you remain a Member, in addition to our
Email, Acceptable Usage, Privacy and other terms and conditions posted on the
Site from time to time. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PROCEED
TO REGISTER TO BECOME A MEMBER OF THE SERVICE.
USAGE OF THE SITE SERVICE IS TO BE DONE AT YOUR OWN RISK
The Owner or You may terminate this agreement at any time, for any reason
whatsoever, effective upon sending written notice to the other party. If you
send a notice of termination, your membership shall concurrently terminate,
without an obligation to make a payment, rebate or refund on the part of the
Owner. The Owner does however reserve the right to suspend or terminate your
membership at any time, without notice, if you breach this Agreement or any
other terms and conditions posted on the Site from time to time.
The Owner assumes no responsibility whatsoever for your use of the Service. It
is for your sole, personal use and you may not distribute your user name and
password allowing others to use the service through your membership. Use of the
service is strictly prohibited to minors or any person under the age of 18,
regardless of whether you have parental consent.
As a member, you agree that:
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You will only use the Service in a manner that
is accepted and legal according to all applicable laws and regulations.
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You will adhere to our email and acceptable use
policies and all other terms and conditions relating to your usage of the
Services in respect of the Site, and will not transmit chain letters, junk
messages, advertisements or any type of solicitation whatsoever of any
products or services to any other Members of the Service.
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You will not in any way copy, modify, publish,
transmit, display, sell, distribute or reproduce copyrighted material,
trademarks or other protected proprietary information without the express
written consent of the owner of such materials.
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By posting information or content to any public
area of the Service, you automatically grant, and you represent and
warrant that you have the right to grant the Owner and other Members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to
use, copy, perform, display and distribute such information and content
and to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sublicenses of the
foregoing.
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Your use of the service is strictly at your own
risk and you are solely responsible for your contact, whether it be
written, verbal or in person, with any other Member of the Service. The
Owner and its officers, directors, employees, agents, affiliates and third
parties assume no responsibility whatsoever for harm that may come to you
as a result of your contact (of any form) with any other Member of the
Service (including but not limited to emotional, verbal and physical abuse
or assault)
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You will not communicate, publish or display to
any other Member any form of defamatory, slanderous, offensive,
inaccurate, abusive, profane, obscene, sexually offensive, threatening,
harassing, racial, or illegal material, including but not limited to nude
photos of yourself or others, pornographic photos or images and any other
type of unlawful or unacceptable material, as decided by the Owner. The
Owner reserves the right to remove any such material from the Service
without notice.
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You will not engage in, and the Owner is not be
responsible for, any form of harassment, offensive or abusive behavior of
any kind whatsoever that may be harmful to any other Member of the Service
(including but not limited to physical and emotional damage).
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You will not use the Site, Services or your
profile for any purpose other than to seek other persons for meeting,
friendship or matrimony; the Service and profiles shall not be used for
any commercial purpose whatsoever (including but not limited to escorts,
commercial or non-dating solicitations, or otherwise). Organizations,
companies, and/or businesses may not become members and should not use the
Service or the Site for any purpose. Illegal and/or unauthorized uses of
the Site, including collecting usernames and/or email addresses of members
by electronic or other means for the purpose of sending unsolicited email,
forwarding commercial or other offers to other Members by this Site or by email
or other means external to the Site, and unauthorized framing of or
linking to the Site will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and
injunctive redress.
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In order to protect our Members from improper
advertising or solicitation, and to maintain usage integrity on the Site,
we reserve the right to restrict access by all Members to all or certain
elements of the Service on a per-action basis (including messaging, phone,
or otherwise), such levels to be determined in our sole discretion from
time to time, whether determined in respect of a 24 period or otherwise.
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You will not include any contact information or
identifying content of yourself or another person in your profile.
- You agree we reserve the right change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Site may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission
You will defend, indemnify, and hold harmless the Owner, as
the provider of the Site infrastructure, their officers, directors, employees,
agents, affiliates and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney's fees on a solicitor and his own
client basis) relating to or arising out of your use of the Site or Service,
including any breach by you of the Terms of this Agreement and our Email,
Acceptable Usage, Privacy and other terms and conditions posted on the Site from
time to time.
Please note you may be involuntarily exposed to offensive or obscene
materials on the Service that may have been posted by Members, hackers or
unauthorized users from time to time. Please note that it is possible for
others to obtain your personal information and use it to engage in an action
that may be harmful to you or injure you. We do our best to protect our
members, however, the Owner is not responsible for the use of any personal
information that you choose to display, publish or distribute to other Members.
THE OWNER RESERVES THE RIGHT BUT HAS NO OBLIGATION, WHETHER ON THE BASIS OF
COMPLAINTS OR ON ITS OWN INITIATIVE, TO MONITOR ANY MESSAGING OR OTHER ACTIVITY
AND THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE, AND TO REVIEW
USAGE, ACTIVITY OR THE CONTENT OF ANY MESSAGES, MATERIALS OR OTHER INTERCHANGES
WHICH ARE OTHERWISE POSTED, SENT OR TRANSMITTED VIA THE SERVICE. THE OWNER
SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO REMOVE ANY MATERIAL OR PROFILES,
REGARDLESS OF WHETHER THE OWNER DETERMINES THAT SUCH MATERIALS OR PROFILES
VIOLATE, OR ARE ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THE OWNER DOES NOT UNDERTAKE TO MONITOR, CONTROL
OR EDIT ANY COMMUNICATIONS BETWEEN ITS USERS, AND SUCH COMMUNICATIONS MAY BE
OFFENSIVE TO YOU. YOU ASSUME FULL RESPONSIBILITY AND YOU ASSUME ALL RISK FOR
THE USE OF THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE
ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, COMMUNICATIONS,
AND OTHER INFORMATION. ALL COMMUNICATIONS BETWEEN USER’S ARE AT THE USER'S SOLE
CONTROL AND RISK.
IN NO EVENT WILL Saragarhi Foundation, ITS AFFILIATES AND SUBSIDIARIES OR THE
OWNER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS OR INJURIES COMMITTED BY ANY
OTHER USERS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE
INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY
ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE OWNER,
Saragarhi Foundation OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE LIABILITY TO YOU BY Saragarhi Foundation, ITS AFFILIATES,
OR THE OWNER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE
SERVICE DURING THE TERM OF MEMBERSHIP.
UNDER NO CIRCUMSTANCES WILL Saragarhi Foundation, ITS AFFILIATES OR THE OWNER
BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE,
YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR
TRANSMITTED TO MEMBERS. NEITHER Saragarhi Foundation, IT’S AFFILIATES NOR THE
OWNER GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON
THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. THE SERVICE
IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS
OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH THE OWNER,
REC, ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE
SERVICE. REC, ITS AFFILIATES AND THE OWNER SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NEITHER Saragarhi Foundation, IT’S AFFILIATES NOR THE OWNER
WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS
IN THE SERVICE WILL BE CORRECTED.
Saragarhi Foundation, ITS AFFILIATES AND THE OWNER DISCLAIM ALL LIABILITY,
REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR
USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SITE OR
SERVICE.
Certain jurisdictions limit the applicability of warranty disclaimers and
limitations of liability so the above disclaimers of warranty and limitations
of liability may not apply to you.
This Agreement as construed between the Owner and you is governed under the
laws of the jurisdiction of incorporation of the Owner, regardless of conflicts
of law principles. However, this Agreement as construed between Softleo
Technologies, its affiliates and yourself shall be governed under the laws of
the jurisdiction of Chandigarh,
India.
If there is any dispute about or involving the Site and/or
the Service, by using the Site, you agree that the dispute will be governed by
the laws of the jurisdiction of Chandigarh,
India
without regard to its conflict of law provisions. You
agree to personal jurisdiction by and venue in the state and central courts of
the Chandigarh,
This Agreement, accepted upon registering for the Service, contains the entire
Agreement regarding the use of the Service. This Agreement may be relied upon
by Saragarhi Foundation, as noted above, and may only be amended as it pertains
to Saragarhi Foundation, with the express consent of Saragarhi Foundation.
Unless otherwise explicitly stated, the Terms will survive termination of your
membership to the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
By joining www.saragarhi.org, you
confirm that you have read the above provisions and agree to abide by them.
Please contact us with any questions regarding this service agreement.