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TERMS OF USE ______________________________ __
IPYBiz & Social Network and Mericomm By IPYadav __[Website names] |
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Version Date: _ 26th
June _, 2023 _
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”), along
with our Company Privacy Policy (_ https://ipycomments.co/privacy-policy and https://mericomm.ipycomments.co/p/privacy-policy.html _ [Privacy Policy URL]), constitutes a legally binding agreement made between you, whether
personally or on behalf of an entity (“user” or “you”) and _ IPY GST And
Management Services _ [Company name] and its affiliated companies, Websites,
applications and tools (collectively, _ IPY GST And Management Services or
IPY Group _ [Company name], “Company” or “we” or “us” or “our”), concerning your access to and use
of the: https://ipycomments.co , https://mericomm.ipycomments.co , https://website.ipycomments.co __ [Website URL(s)] Website(s) as well as any other media form, media channel, mobile
website or mobile application related or connected thereto (collectively, the
“Sites”). The Sites provide the following service: Website for Business And
Social Cooperation for Subscribers and Members, Activities of Company and
contacts and Display of Business and created Content vide blogs, vlogs podcasts,
Social interaction platform for members__(“Company
Services”). Supplemental terms and conditions or documents that may be posted
on the Sites from time to time, are hereby expressly incorporated into this
Agreement by reference.
Company makes no representation that the Sites
is appropriate or available in other locations other than where it is operated
by Company. The information provided on the Sites is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject Company to any registration requirement within such jurisdiction
or country. Accordingly, those persons who choose to access the Sites from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
Minors (Check one)
YOU ACCEPT AND AGREE TO BE BOUND BY THIS
AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE)
AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS
AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE
FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES
OR THE SITES.
PURCHASES; PAYMENT (Check one)
The Company does not sell any products
or services on the website. All Company products (subscriptions and
memberships, content copyrights) are to be procured through contact channels
(email, SMS, WhatsApp messages or voice calls) and fulfilled by following
payment instructions. Invoice generated will be transmitted to them. Therefore,
such subscriptions and memberships are valid even upon changes in website. For
refunds, refer ‘Exit Group’ below.
All individual products or services
are to be dealt with individual business owners. IPY products are dealt with
those IPY firms. Your enquiries will be forwarded to them.
Company may offer free trial or sample of our products
or services. The duration of the free trial period and all other details of the
offer will be posted on our Sites If you wish to try our free options please
read through them carefully first. Company will bill you through a/an: (Check one)
Refund and Return (Check one)
USER REPRESENTATIONS
Regarding Your Registration, Subscription
By using the Company Services,
you represent and warrant that:
A. all registration, subscription
information you submit is truthful and accurate;
B. you will maintain the
accuracy of such information;
C. you will keep your
password confidential and will be responsible for all use of your password and
account;
D. you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental
permission to use our Sites; and
E. your use of the Company
Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Site's
registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Sites (or any
portion thereof).
We reserve the right to remove or reclaim or
change a user name you select if we determine appropriate in our discretion,
such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a
user's actual name.
Regarding Content You Provide
We may invite you to chat or participate in
blogs, message boards, online forums and other functionality and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute or broadcast content and materials to our Sites and/or to
or via the Sites’ forms, emails, chat agents, popups, including, without limitation,
text, writings, video, audio, photographs, graphics, comments, suggestions or
personally identifiable information or other material (collectively
"Contributions"). Any Contributions you transmit to Company will be treated
as non-confidential and non-proprietary. When you create or make available a
Contribution, you thereby represent and warrant that:
A. the creation,
distribution, transmission, public display and performance, accessing,
downloading and copying of your Contribution does not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret or moral rights of any third party;
B. you are the creator and
owner of or have the necessary licenses, rights, consents, releases and
permissions to use and to authorize Company and the Sites’ users to use
your Contributions as necessary to exercise the licenses granted by you under
this Agreement;
C. you have the written
consent, release, and/or permission of each and every identifiable individual
person in the Contribution to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the Contribution
in the manner contemplated by our Sites;
D. your Contribution is not
obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable
(as determined by Company), libelous or slanderous, does not ridicule, mock, disparage,
intimidate or abuse anyone, does not advocate the violent overthrow of any
government, does not incite, encourage or threaten physical harm against
another, does not violate any applicable law, regulation, or rule, and does not
violate the privacy or publicity rights of any third party;
E. your Contribution does not
contain material that solicits personal information from anyone under 18 or
exploit people under the age of 18 in a sexual or violent manner, and does not
violate any federal or state law concerning child pornography or otherwise
intended to protect the health or well-being of minors;
F. your Contribution does not
include any offensive comments that are connected to race, national origin,
gender, sexual preference or physical handicap;
G. your Contribution does not
otherwise violate, or link to material that violates, any provision of this
Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the
Sites, or making them accessible to the Sites by linking your account to any of
your social network accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to Company an unrestricted,
unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part) and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, such Contributions, and to grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels. Such use and distribution license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names and logos, personal and commercial
images you provide. Company does not assert any ownership over your
Contributions; rather, as between us and you, subject to the rights granted to
us in this Agreement, you retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated
with your Contributions. We will not use your contribution in a way that
infringes on your rights and always process your personal information lawfully
and with your consent.
Company has the right, in our sole and absolute discretion,
to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize
any Contributions to place them in more appropriate locations or (iii)
pre-screen or delete any Contributions that are determined to be inappropriate
or otherwise in violation of this Agreement.
By uploading your Contributions to the Sites,
you hereby authorize Company to grant to each end user a personal, limited,
no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to
access, download, print and otherwise use your Contributions for their internal
purposes and not for distribution, transfer, sale or commercial exploitation of
any kind.
GUIDELINES FOR REVIEWS (Check one)
Company may accept, reject or remove reviews in
its sole discretion. Company has absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Those persons posting reviews should
comply with the following criteria: (1) reviewers should have firsthand
experience with the person/entity being reviewed; (2) reviews should not
contain: offensive language, profanity, or abusive, racist, or hate language;
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation or disability; or references to illegal
activity; (3) reviewers should not be affiliated with competitors if posting
negative reviews; (4) reviewers should not make any conclusions as to the
legality of conduct; and (5) reviewers may not post any false statements or
organize a campaign encouraging others to post reviews, whether positive or
negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities
or losses resulting from any review. By posting a review, the reviewer hereby
grants to Company a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform
and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE (Check one)
Use License
If you are accessing the Company Services
via a mobile application, then Company grants you a
revocable, non-exclusive, non-transferable, limited right to install and use
the application on wireless handsets owned and controlled by you, and to access
and use the application on such devices strictly in accordance with the terms
and conditions of this license. You shall use the application strictly in
accordance with the terms of this license and shall not: (a) decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the
application; (b) make any modification, adaptation, improvement, enhancement,
translation or derivative work from the application; (c) violate any applicable
laws, rules or regulations in connection with your access or use of the
application; (d) remove, alter or obscure any proprietary notice (including any
notice of copyright or trademark) of Company or its affiliates, partners,
suppliers or the licensors of the application; (e) use the application for any revenue
generating endeavour, commercial enterprise, or other purpose for which it is
not designed or intended; (f) make the application available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (g) use the application for creating a product, service or software
that is, directly or indirectly, competitive with or in any way a substitute
for the application; (h) use the application to send automated queries to any
Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary
information or interfaces of Company or other
intellectual property of Company in the design,
development, manufacture, licensing or distribution of any applications,
accessories or devices for use with the application.
Terms Applicable
to Apple and Android Devices
The following terms apply
when you use a mobile application obtained from either the Apple Store or
Google Play to access the Company Services. You
acknowledge that this Agreement is concluded between you and Company only, and not with Apple Inc. or Google, Inc. (each an “App
Distributor”), and Company,
not an App Distributor, is solely responsible for the Company application and the content thereof. (1) SCOPE OF LICENSE: The license
granted to you for the Company application is
limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS or Android operating
system, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services
with respect to the Company application, as specified in this Agreement, or
as required under applicable law. You acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance and support services with
respect to the Company application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or
implied by law, to the extent not effectively disclaimed. In the event of any
failure of the Company application to conform to any applicable
warranty, you may notify an App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any,
paid for the Company application, and to the maximum extent permitted
by applicable law, an App Distributor will have no other warranty obligation
whatsoever with respect to the Company application, and
any other claims, losses, liabilities, damages, costs or expenses attributable
to any failure to conform to any warranty will be Company sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not an App
Distributor, is responsible for addressing any claims of yours or any third
party relating to the Company application or your
possession and/or use of the Company application,
including, but not limited to: (i) product liability claims; (ii) any claim
that the Company application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You
acknowledge that, in the event of any third party claim that the Company application or your possession and use of the Company application infringes a third party’s intellectual property rights, the
App Distributor will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim.
(6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in
a country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. government list of prohibited or restricted
parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable
third party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be
in violation of their wireless data service agreement when using the Company application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their
subsidiaries, are third party beneficiaries of this Agreement, and that, upon
your acceptance of the terms and conditions of this Agreement, each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce this Agreement against you as a third party beneficiary thereof.
SOCIAL MEDIA (Check one)
As part of the functionality
of the Sites, you may link your account with online accounts you may have with
third party service providers (each such account, a “Third Party Account”) by
either: (i) providing your Third Party Account login information through the
Sites; or (ii) allowing Company to access your Third Party Account, as is
permitted under the applicable terms and conditions that govern your use of
each Third Party Account. You represent that you are entitled to disclose your
Third Party Account login information to Company and/or grant Company access to your Third Party Account (including,
but not limited to, for use for the purposes described herein), without breach
by you of any of the terms and conditions that govern your use of the
applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any
usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that
you have provided to and stored in your Third Party Account (the “Social
Network Content”) so that it is available on and through the Sites via your
account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party
Account to the extent you are notified when you link your account with the
Third Party Account. Depending on the Third Party Accounts you choose and
subject to the privacy settings that you have set in such Third Party Accounts,
personally identifiable information that you post to your Third Party Accounts
may be available on and through your account on the Sites. Please note that if
a Third Party Account or associated service becomes unavailable or Company access to such Third Party Account is terminated by the third party
service provider, then Social Network Content may no longer be available on and
through the Sites. You will have the ability to disable the connection between
your account on the Sites and your Third Party Accounts at any time. PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH
SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort
to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. You acknowledge and
agree that Company may access your e-mail address book associated
with a Third Party Account and your contacts list stored on your mobile device
or tablet computer solely for the purposes of identifying and informing you of
those contacts who have also registered to use the Sites. At your request made
via email to our email address listed below, or through your account settings
(if applicable), Company will deactivate the connection between the Sites
and your Third Party Account and delete any information stored on Company servers that was obtained through such Third Party Account, except the
username and profile picture that become associated with your
account.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about the Sites or
the Company Services ("Submissions") provided by
you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Sites for any
other purpose other than that for which Company makes it
available. The Sites may not be used in connection with any commercial endeavours
except those that are specifically endorsed or approved by Company. Prohibited
activity includes, but is not limited to:
(Check all that apply)
Selling any goods or services or any other offers
without permission of InderPal Yadav
Any activity of IPY Subscriber Groups or IPY Member
Groups without approval of InderPal Yadav.
_
INTELLECTUAL PROPERTY RIGHTS
The content on the Sites (“Company Content”) and the
trademarks, service marks and logos contained therein (“Marks”) are owned by or
licensed to Company, and are subject to copyright and other intellectual property rights
under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases,
functionality, software, Sites’ designs, audio, video, text, photographs and
graphics. All Company graphics, logos, designs, page headers, button
icons, scripts and service names are registered trademarks, common law
trademarks or trade dress of Company in the United
States and/or other countries. Company trademarks and
trade dress may not be used, including as part of trademarks and/or as part of
domain names, in connection with any product or service in any manner that is
likely to cause confusion and may not be copied, imitated, or used, in whole or
in part, without the prior written permission of the Company.
Company Content on the Sites is provided to you “AS IS”
for your information and personal use only and may not be used, copied,
reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. Provided that you are eligible
to use the Sites, you are granted a limited license to access and use the Sites and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your
personal, non-commercial use. Company reserves all
rights not expressly granted to you in and to the Sites and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Sites contains (or you may be sent through
the Sites or the Company
Services) links to other websites ("Third Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software and other content or items belonging to or
originating from third parties (the "Third Party Content"). Such
Third Party Websites and Third Party Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party accessed through the Sites or any Third Party
Content posted on, available through or installed from the Sites, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Websites or the Third Party
Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Websites or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Sites and access the
Third Party Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any websites to which you navigate from the
Sites or relating to any applications you use or install from the Sites. Any
purchases you make through Third Party Websites will be through other websites
and from other companies, and Company takes no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third
party.
SITE MANAGEMENT
Company reserves the right but does not have the
obligation to:
A. monitor the Sites for
violations of this Agreement;
B. take appropriate legal
action against anyone who, in Company sole discretion,
violates this Agreement, including without limitation, reporting such user to
law enforcement authorities;
C. in Company sole discretion and without limitation, refuse, restrict access to or
availability of, or disable (to the extent technologically feasible) any user’s
contribution or any portion thereof that may violate this Agreement or any Company policy;
D. in Company’s sole
discretion and without limitation, notice or liability to remove from the Sites
or otherwise disable all files and content that are excessive in size or are in
any way burdensome to Company's systems;
E. otherwise manage the Sites
in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Sites.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
AND POLICY (Check one)
Notifications
If you believe that content
available on or through our Sites infringes one or more of your copyrights,
please immediately notify our Designated Copyright Agent by mail, email or
faxed notice (“Notification”) providing the information described below, which
Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law
you may be held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that content located on or linked to by
our Sites infringes your copyright, you should consider first contacting an
attorney. Our Sites has a policy of terminating repeat infringers in
appropriate circumstances.
All Notifications should
include the following:
A. A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
B. Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online website are covered by a single notification, a
representative list of such works at that website.
C. Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material.
D. Information reasonably
sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted.
E. A statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law.
F. A statement that the
information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Notifications should be sent
to our Designated Copyright Agent as follows:
Designated
Copyright Agent
Copyright Agent Name: _InderPal Yadav__ (“Company”)
Address: _422/ward6, Vikas Nagar, Kalaka Road, Rewari, Haryana, India _
Fax: ____--------- ____
Email: ___ ipyadav808@yahoo.com ___
Phone: __ 9728717303
__
We also will advise the
alleged infringer of the DMCA statutory Counter Notification procedure
described below by which the alleged infringer may respond to your claim and
request that we restore this material.
Counter
Notification
If you believe your own
copyrighted material has been removed from our Sites and/or our
service as a result of mistake or misidentification, you may submit a written
counter notification (“Counter Notification”) to our Designated Copyright Agent
pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter
Notification under the DMCA, your Counter Notification must include
substantially the following:
A. Identification of the
material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled.
B. A statement that you
consent to the jurisdiction of the Federal District Court in which your address
is located, or if your address is outside the United States, for any judicial
district in which our Company is located.
C. A statement that you will
accept service of process from the party that filed the Notification or the
party's agent.
D. Your name, address and
telephone number.
E. A statement under penalty
of perjury that you have a good faith belief that the material in question was
removed or disabled as a result of mistake or misidentification of the material
to be removed or disabled.
F. Your physical or
electronic signature.
You may submit your Counter
Notification to our Designated Copyright Agent by fax, mail, or email as set
forth above.
If you send us a valid,
written Counter Notification meeting the requirements described above, we will
restore your removed or disabled material after ten (10) business days but no
later than fourteen (14) business days from the date we receive your Counter
Notification, unless our Designated Copyright Agent first receives notice from
the party filing the original Notification informing us that such party has
filed a court action to restrain you from engaging in infringing activity
related to the material in question. Please note that if you materially
misrepresent that the disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and attorney's
fees. Filing a false Counter Notification constitutes perjury.
TERM AND TERMINATION
This Agreement shall remain in full force and
effect while you use the Sites or are otherwise a user or member of the Sites,
as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your
account settings, if available, or by contacting us using the contact
information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE
COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION,
AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE
COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU
HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Sites
and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Sites and Company
Services.
Any provisions of this Agreement that, in order
to fulfill the purposes of such provisions, need to survive the termination or
expiration of this Agreement, shall be deemed to survive for as long as
necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO
CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO
MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,
EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE
REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION
LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS
SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account
for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, Company reserves the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to
time. Any and all changes to this Agreement will be posted on the Sites and
revisions will be indicated by date. You agree to be bound to any changes to
this Agreement when you use the Company Services after any such modification becomes
effective. Company may also, in its discretion, choose to alert all users with
whom it maintains email information of such modifications by means of an email
to their most recently provided email address. It is therefore important that
you regularly review this Agreement and keep your contact information current
in your account settings to ensure you are informed of changes. You agree that
you will periodically check the Sites for updates to this Agreement and you
will read the messages we send you to inform you of any changes. Modifications
to this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify
or discontinue, temporarily or permanently, the Company Services (or any part
thereof) with or without notice. You agree that Company shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the
Sites, or between users and any third party, you understand and agree that
Company is under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release Company, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or the Company Services.
With Company
A. Governing Law;
Jurisdiction. This Agreement and all aspects of the Sites and
Company Services shall be governed by and construed in accordance with the
internal laws of the ___ India ____, without regard to
conflict of law provisions. With respect to any disputes or claims not subject
to informal dispute resolution or arbitration (as set forth below), you agree
not to commence or prosecute any action in connection therewith other than in the
state and federal courts located in ________________________ County, State of _________________, and you hereby
consent to, and waive all defenses of lack of personal jurisdiction and forum
non conveniens with respect to, venue and jurisdiction in such state and
federal courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods is excluded from this Agreement. Additionally,
application of the Uniform Computer Information Transaction Act (UCITA) is
excluded from this Agreement. In no event shall any claim, action or
proceeding by you related in any way to the Sites or Company Services be
instituted more than two (2) years after the cause of action arose.
B. Informal
Resolution. To expedite resolution and control the cost of
any dispute, controversy or claim related to this Agreement
("Dispute"), you and Company agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least _ 30 _ days before initiating any arbitration
or court proceeding. Such informal negotiations commence upon written notice
from one person to the other.
C. Binding
Arbitration. If you and Company are unable to resolve a
Dispute through informal negotiations, either you or Company may elect to have
the Dispute (except those Disputes expressly excluded below) finally and
exclusively resolved by binding arbitration. Any election to arbitrate by one
party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes
("AAA Consumer Rules"), both of which are available at the AAA
website www.adr.org. The determination of whether a Dispute is subject to
arbitration shall be governed by the Federal Arbitration Act and determined by a
court rather than an arbitrator. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs are determined by
the arbitrator to be excessive, Company will pay all arbitration fees and
expenses. The arbitration may be conducted in person, through the submission of
documents, by phone or online. The arbitrator will make a decision in writing,
but need not provide a statement of reasons unless requested by a party. The
arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in ___ Rewari
____ City, State of _ Haryana, India _. Except as
otherwise provided in this Agreement, you and Company may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and Company agree that any arbitration shall be limited to the
Dispute between Company and you individually. To the full extent permitted by
law, (1) no arbitration shall be joined with any other; (2) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (3) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
E. Exceptions
to Informal Negotiations and Arbitration. You and
Company agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (1) any
Disputes seeking to enforce or protect, or concerning the validity of any of
your or Company’s intellectual property rights; (2) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy or unauthorized
use; and (3) any claim for injunctive relief. If this Section is found to be
illegal or unenforceable then neither you nor Company will elect to arbitrate
any Dispute falling within that portion of this Section found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and you and
Company agree to submit to the personal jurisdiction of that court.
CORRECTIONS
Occasionally there may be information on the
Sites that contains typographical errors, inaccuracies or omissions that may
relate to service descriptions, pricing, availability, and various other
information. Company reserves the right to correct any errors, inaccuracies or
omissions and to change or update the information at any time, without prior
notice.
DISCLAIMERS
Company cannot control the nature of all of the
content available on the Sites. By operating the Sites, Company does not
represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Sites, including without limitation
content hosted on third party websites or provided by third party applications,
or that Company believes contributions, blogs or other content to be accurate,
useful or non-harmful. We do not control and are not responsible for unlawful
or otherwise objectionable content you may encounter on the Sites or in
connection with any contributions. The Company is not responsible for the
conduct, whether online or offline, of any user of the Sites or Company
Services.
YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES
OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. (Check if Site sells product or service)
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU 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 TO COMPANY FOR THE COMPANY SERVICES DURING THE
PERIOD OF __ 6 __ MONTHS PRIOR TO ANY
CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from and against, any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of your contributed content, use of the
Company Services, and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth
above. Notwithstanding the foregoing, Company reserves the right, at your
expense, to assume the exclusive défense and control of any matter for which
you are required to indemnify Company, and you agree to cooperate, at your
expense, with Company’s defense of such claims. Company will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
Additional
clauses:
1.
Paid
Subscriber Groups and Member Groups:
These Groups are entitled to offers, rewards,
informational access, mutual cooperation, meetings, educational access,
coaching access, cooperative access levels, IPY events, etc. Hence, Paid
Subscriber Groups and Member Groups have to comply with additional Group Specific
Terms and Conditions and Group Specific Rules. These will be posted
on the website for their level of Group or these can be requested through
contact channels. These can be amended very often as these are evolved. Any
discrepancy will be resolved by InderPal Yadav and acceptable to all. Those not
accepting will be either moved to lower group levels of their acceptability or
eventually exited from these Groups. In all such cases,
liabilities towards InderPal Yadav, any other Member of the Group, the Group
itself and such non-complying Individuals will be assessed any settled by
mutual negotiations.
2.
Exemption
of Liability of Group And Of InderPal Yadav:
It is hereby stated that InderPal Yadav or the
Groups only provide cooperation and guidance and will not be liable for any
individual's his own industry specific activities. As such, the Individuals
will be responsible for their own business, social or other activities and it's
Industry compliances and compatibility.
3.
Exiting
Paid Subscriber Groups or Member Groups:
Paid
Subscribers or Members may opt to leave the IPY Groups and refund of part of
their unutilized balance period money paid to the Company. In all cases of
‘Exit IPY Group’, liabilities towards InderPal Yadav, any other Member of the
Group, the Group itself and such non-complying Individuals will be assessed any
settled by mutual negotiations.
Industry
specific laws that may find applicability:
1.Copyright laws are applicable to content
creation.
2.Consumer Protection law is applicable to products
and services sold to consumer.
3.Social website laws will be applicable to social
websites.
4.eCommerce laws will be applicable if we undertake
eCommerce operations in future development.
5.Privacy laws are applicable to the Privacy of
Groups.
6.Sale of Goods or Services laws are applicable to
any sale of goods or services.
7.Other laws like taxation, social responsibility,
liabilities and arbitrations, etc. applicable as per requirement.
8.Exemption of liability applicable to groups where
individual conducting the particular industry operation will be liable himself.
NOTICES
Except as explicitly stated otherwise, any
notices given to Company shall be given by email to the address listed in the
contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as
each party may specify. Notice shall be deemed to be given twenty-four (24)
hours after the email is sent, unless the sending party is notified that the
email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Sites will maintain certain data that you
transfer to the Sites for the purpose of the performance of the Company
Services, as well as data relating to your use of the Company Services.
Although we perform regular routine backups of data, you are primarily
responsible for all data that you have transferred or that relates to any
activity you have undertaken using the Company Services. You agree that Company
shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against Company arising from any such loss
or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the
ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY (
ELECTRONIC SIGNATURES (Check one)
MISCELLANEOUS
This Agreement constitutes the entire agreement
between you and Company regarding the use of the Company Services. The failure
of Company 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. This Agreement operates to the fullest extent permissible by law. This
Agreement and your account may not be assigned by you without our express written
consent. Company may assign any or all of its rights and obligations to others
at any time. Company shall not be responsible or liable for any loss, damage,
delay or failure to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this Agreement is unlawful,
void or unenforceable, that provision or part of the provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and Company
as a result of this Agreement or use of the Sites and Company Services. Upon
Company’s request, you will furnish Company any documentation, substantiation
or releases necessary to verify your compliance with this Agreement. You agree
that this Agreement will not be construed against Company by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of this Agreement and the lack of signing by the parties hereto
to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the
Company Services or to receive further information regarding use of the Company
Services, please contact Company as set forth below or, if any complaint with
us is not satisfactorily resolved, and you are a California resident, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at 1-916-445-1254.
Company Name: _ IPY GST And
Management Services __
Address: _ 422/ward6, Vikas Nagar, Kalaka
Road, Rewari, Haryana, India -123401 _
Email: _ ipyadavcomm@gmail.com _
Phone: __ +917206345314 ____
Fax: ___ __-----------__ ___
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