Hindi Me Trick Web Site Agreement
THE HINDI ME TRICK WEB SITE (THE “SITE”) IS AN ONLINE INFORMATION SERVICE PROVIDED BY HINDI ME TRICK (“HINDI ME TRICK “), SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. HINDI ME TRICK MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
- Copyright,
Licenses and Idea Submissions.
THE ENTIRE CONTENTS OF THE
SITE ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. THE OWNER OF
THE COPYRIGHTS AND TRADEMARKS ARE HINDI ME TRICK, ITS AFFILIATES OR OTHER THIRD
PARTY LICENSORS. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. YOU MAY PRINT AND DOWNLOAD PORTIONS OF MATERIAL
FROM THE DIFFERENT AREAS OF THE SITE SOLELY FOR YOUR OWN NON-COMMERCIAL USE
PROVIDED THAT YOU AGREE NOT TO CHANGE OR DELETE ANY COPYRIGHT OR PROPRIETARY
NOTICES FROM THE MATERIALS. YOU AGREE TO GRANT TO HINDI ME TRICK A
NON-EXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE, WITH THE RIGHT TO
SUB-LICENSE, TO REPRODUCE, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS OF,
PUBLICLY DISPLAY AND PUBLICLY PERFORM ANY MATERIALS AND OTHER INFORMATION
(INCLUDING, WITHOUT LIMITATION, IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED
PRODUCTS AND SERVICES) YOU SUBMIT TO ANY PUBLIC AREAS OF THE SITE (SUCH AS
BULLETIN BOARDS, FORUMS AND NEWSGROUPS) OR BY E-MAIL TO HINDI ME TRICK BY ALL
MEANS AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. YOU ALSO GRANT TO
HINDI ME TRICK THE RIGHT TO USE YOUR NAME IN CONNECTION WITH THE SUBMITTED
MATERIALS AND OTHER INFORMATION AS WELL AS IN CONNECTION WITH ALL ADVERTISING,
MARKETING AND PROMOTIONAL MATERIAL RELATED THERETO. YOU AGREE THAT YOU SHALL
HAVE NO RECOURSE AGAINST HINDI ME TRICK FOR ANY ALLEGED OR ACTUAL INFRINGEMENT
OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT IN YOUR COMMUNICATIONS TO HINDI ME
TRICK.
TRADEMARKS.
PUBLICATIONS, PRODUCTS, CONTENT OR SERVICES
REFERENCED HEREIN OR ON THE SITE ARE THE EXCLUSIVE TRADEMARKS OR SERVICEMARKS
OF HINDI ME TRICK. OTHER PRODUCT AND COMPANY NAMES MENTIONED IN THE SITE MAY BE
THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.
2. Use of the Site.
YOU UNDERSTAND THAT, EXCEPT FOR
INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY HINDI
ME TRICK, HINDI ME TRICKDOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION,
PRODUCTS OR SERVICES ON THE INTERNET IN ANY WAY. EXCEPT FOR HINDI ME TRICK-
IDENTIFIED INFORMATION, PRODUCTS OR SERVICES, ALL INFORMATION, PRODUCTS AND
SERVICES OFFERED THROUGH THE SITE OR ON THE INTERNET GENERALLY ARE OFFERED BY
THIRD PARTIES, THAT ARE NOT AFFILIATED WITH HINDI ME TRICK A. YOU ALSO
UNDERSTAND THAT HINDI ME TRICK CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT
FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR
VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR
DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES
AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA
INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE
RECONSTRUCTION OF ANY LOST DATA.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. HINDI ME TRICK PROVIDES THE SITE AND
RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND HINDI ME TRICK SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. HINDI ME TRICK DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE
OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
HINDI ME TRICK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL HINDI ME TRICK BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF HINDI ME TRICK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, HINDI ME
TRICK LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.HINDI ME
TRICK MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH YOU
MAY ACCESS THROUGH THIS ONE OR WHICH MAY LINK TO THIS SITE. WHEN YOU ACCESS A
NON-HINDI ME TRICK WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM
HINDI ME TRICK, AND THAT HINDI ME TRICK HAS NO CONTROL OVER THE CONTENT ON THAT
WEB SITE. IN ADDITION, A LINK TO A HINDI ME TRICK WEB SITE DOES NOT MEAN THAT
HINDI ME TRICK ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE
USE, OF SUCH WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS HINDI ME TRICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE
FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT (INCLUDING
NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE
4. Third Party Rights.
THE PROVISIONS OF PARAGRAPHS 2 (USE OF THE
SERVICE), AND 3 (INDEMNIFICATION) ARE FOR THE BENEFIT OF HINDI ME TRICK AND ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD
PARTY INFORMATION PROVIDERS TO THE SERVICE. EACH OF THESE INDIVIDUALS OR
ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THOSE PROVISIONS DIRECTLY
AGAINST YOU ON ITS OWN BEHALF.
5.Term; Termination.
THIS AGREEMENT MAY BE
TERMINATED BY EITHER PARTY WITHOUT NOTICE AT ANY TIME FOR ANY REASON. THE
PROVISIONS OF PARAGRAPHS 1 (COPYRIGHT, LICENSES AND IDEA SUBMISSIONS), 2 (USE
OF THE SERVICE), 3 (INDEMNIFICATION), 4 (THIRD PARTY RIGHTS) AND 6
(MISCELLANEOUS) SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
6.Miscellaneous.
THIS AGREEMENT SHALL ALL BE GOVERNED AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF INDIA APPLICABLE TO AGREEMENTS MADE
AND TO BE PERFORMED IN INDIA. YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING
BETWEEN HINDI ME TRICK AND YOU FOR ANY PURPOSE CONCERNING THIS AGREEMENT OR THE
PARTIES’ OBLIGATIONS HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR
STATE COURT OF COMPETENT JURISDICTION SITTING IN INDIA . ANY CAUSE OF ACTION OR
CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION
IS BARRED. HINDI ME TRICK’S FAILURE TO INSIST UPON OR ENFORCE STRICT
PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A
WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE
PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY PROVISION OF THIS AGREEMENT.
HINDI ME TRICK MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY
PARTY AT ANY TIME WITHOUT NOTICE TO YOU.
Any rights not expressly
granted herein are reserved.
