Terms of Use

Submitted by webmaster on 16 December, 2008 - 02:58

Introduction
The terms 'Maayboli' and 'Maayboli.com' are used in this document (or Agreement) to refer to the Web site itself and to Maayboli Inc., the company which owns and operates the Maayboli website.
Maayboli.com, or Maayboli, is an online networking community that connects its members through networks of friends and through a variety of services that it provides to its members. This document covers the terms and conditions under which these services are provided and the privacy policy of the site.
Your registration as a member of Maayboli or the use of any of the features and services on Maayboli either as a registered member or as an unregistered visitor constitutes acceptance of these terms and conditions and the privacy policy defined herein. These terms and conditions apply automatically to any new services or features introduced on Maayboli. If you do not agree with any of the terms and conditions or with the privacy policy of Maayboli, you are NOT granted rights to use Maayboli services and must not register as a member of Maayboli or use any of its services.
Maayboli reserves the right to update the terms, conditions and notices of this agreement without notice to you. It is your responsibility to periodically review the most current version of this Agreement as your continued use of Maayboli signifies your acceptance of any changed terms. This Agreement constitutes the entire agreement between you and Maayboli and governs your use of the Maayboli Service, superseding any prior agreements between you and Maayboli. Maayboli is entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.

Terms of Service
Maayboli is a service provider as defined in the Digital Millennium Copyright Act of 1998. Maayboli is an interactive computer service as defined by 47 U.S.C. § 230. We do not control the truth or accuracy of content posted or the safety, or legality of the items advertised or sold. You may find other users' information or writing or posts to be offensive, harmful, inaccurate or deceptive. The views expressed on the website are not those of Maayboli.com, and any errors or omissions in them belong to the respective contributors / copyright holders. Through the use of this site, you agree to hold harmless Maayboli and its sponsors, owners, shareholders or employees against any and all claims related to the opinions expressed by others. The remainder of this document covers the specific terms and conditions under which each major service category of Maayboli is provided for your use. It is your responsibility to make sure you read and understand this document before using any Maayboli service. Please do not contribute to Maayboli in any manner unless you have carefully read and agree with all of these terms.

You also agree that you will not use Maayboli's services and resources to use,display, upload, modify, publish, transmit, update, share or store any information that :
(a) belongs to another person;
(b) is harmful, threatening, abusive, harassing, blasphemous,objectionable, defamatory, vulgar, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful inany manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) discloses sensitive personal information of other person or to which the user does not have any right to;
(g) causes annoyance or inconvenience or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonate another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) threatens the unity, integrity, defense, security or sovereignty of India,friendly relations with foreign states, or or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

Using Maayboli Services
This Section covers the terms under which various Maayboli services, including, but not limited to, link forwarding services, event information, and any information available on Maayboli, are made available to you.
You agree that:
Maayboli may electronically block or otherwise deny access to the Maayboli Web site, to any user deemed to be in violation of any of the terms in this document. Maayboli is not obliged to ensure that the Web site is available to all users at all times. While we make all attempts to deny access only to those individuals who violate Maayboli regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other users.
Maayboli is not responsible for a loss of access to Maayboli services due to failure of networks connected to the Internet, or any other temporary hardware or software failure. Maayboli reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although Maayboli attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform Maayboli by emailing editor@Maayboli.com so that it can be corrected.
This Site may contain links to other Web sites operated by third parties ("Linked Sites"). You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the Maayboli logo, advertisements and/or other content selected by Maayboli. You acknowledge that Maayboli and its sponsors neither endorse nor are affiliated with the Linked Site and are not responsible for any content that appears on the Linked Site. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with Maayboli and its sponsors.

Member Registration
Maayboli requires registration for those who participate in a variety of its services. Maayboli also offers social networking services to its members through which they can get to know each other and establish shared contexts and relationships. When you register as a Maayboli member, you accept the following terms and conditions:
You agree to provide true, accurate, current and complete information as required in the registration form.
You agree maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete.
If, after investigation, Maayboli has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Maayboli may suspend or terminate that user's account and prohibit any and all current or future use of the Maayboli Sites (or any portion thereof) by that user other than as expressly provided herein.
Each user is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. Maayboli cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify Maayboli of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
You agree that Maayboli reserves the right to publish any and all information provided as part of Maayboli registration, except email address and password to authenticate the user, to facilitate social networking among its members.

Disclaimer of Warranties and Indemnity
YOUR USE OF Maayboli IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED BY Maayboli Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH Maayboli IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE AND NOT BY Maayboli Inc.
Maayboli Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON THE WEBSITE, INCLUDING THAT
Maayboli AND ITS SERVICES WILL MEET YOUR REQUIREMENTS,
Maayboli WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THOUGH Maayboli WILL MEET YOUR EXPECTATIONS, BE RELIABLE OR ACCURATE, AND ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH Maayboli, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR ITS SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Maayboli IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DO.
You agree to indemnify, defend and hold Maayboli Inc. harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of your content, your use of Maayboli, your connection to Maayboli, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and contents of your website.

Limitation of Liability
IN NO EVENT SHALL Maayboli Inc BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM [A] THE USE OR THE INABILITY TO USE OUR SERVICES OR ACCESS CONTENT, [B] THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM TRANSACTIONS ENTERED INTO THROUGH OR FROM Maayboli, [C] THE UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA, [D] STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR [E] ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF Maayboli Inc.. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Void Where Prohibited
Although Maayboli is accessible worldwide, not all products or services discussed or referenced on Maayboli are available to all persons or in all geographic locations or jurisdictions. Maayboli reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on Maayboli is void where prohibited.
In addition, Maayboli Inc. makes no representation that materials on Maayboli are appropriate or available for use in locations outside the United States; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access Maayboli from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.

Financial Transactions and Taxes
If you make any financial transactions on Maayboli, including paying for network services fees, advertising banners, product placements, products or services, you may be asked for credit card or other payment information. You agree that all information you provide is accurate, complete and current and that you will pay all charges owed, including any applicable taxes. You agree that you are solely responsible for any personal income reporting and tax payments required of you by applicable government authorities.

Termination
Maayboli Inc reserves the right to discontinue in whole or in part any portion of Maayboli services or programs with or without notice.

Additional Notices
All pages within this Internet site are the property of Maayboli Inc. Permission (which may be revoked at any time) is granted to download the material in this Site without alterations and for private and non-commercial use only so long as the following copyright notice is included: © 1996-2008, Maayboli Inc.
'Maayboli', 'Maayboli.com', 'Hitguj', 'jahirati.maayboli.com', 'Maayboli Classifieds', and other logos associated with these services are all trademarks and service marks of Maayboli Inc. All other trademarks, service marks and logos used in this Site the trademarks, service marks or logos of their respective owners.
Any offer for any product or service made in the Site is void where prohibited. Third party trademarks, service marks, logos, trade names and copyrights found on Maayboli belong to their respective owners.
All rights to the Maayboli Material not expressly granted herein are reserved. Third Party Merchants and Advertisers: You acknowledge that Maayboli Inc. does not control the performance of merchants or advertisers that appear on Maayboli. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT MEMBER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS USER AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN Maayboli OR ITS PROGRAMS AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENTS OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Privacy Policy
Privacy issues are a high priority for us at Maayboli and we follow standard industry practices to maintain your personal information. Please read the following to learn more about our privacy policy.
Maayboli does not spam or sell/lease its user information to third parties.

Policy Coverage
This Privacy Policy covers Maayboli's treatment of personally identifiable information that Maayboli collects when you are on the Maayboli site, and when you use Maayboli's services. This policy also covers Maayboli's treatment of any personally identifiable information that Maayboli's business partners share with Maayboli. This policy does not apply to the practices of companies that Maayboli does not own or control, or to people that Maayboli does not employ or manage.

Personal Information Collected by Maayboli.
ONLINE REGISTRATION: In order to become a Maayboli member, you must first create a member account on Maayboli by providing information about yourself including but not limited to name, email address, country, ZIP/postal code, birth date, a brief summary of yourself and a password. Maayboli checks for the validity of the email addresses.
OPTIONAL PROFILE INFORMATION: Once your provide the basic information to create an account, you will have the opportunity to provide additional information in the Profile section describing your skills, interests, professional and academic background and favorites. Provision of this additional information beyond what is required at registration is entirely optional; it allows you to better identify yourself and create superior networking opportunities with other through shared contexts. but enables you to better identify yourself and find new opportunities on Maayboli. Your Profile information can only be viewed by other Maayboli visitors or registered members or members of your personal network only depending on the option you choose.
RECOGNIZING YOU AS A Maayboli MEMBER: For Maayboli to recognize you as a registered member, you must login with your login email and password. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use Maayboli, you would not have to login with your email and password. As is common in the industry, Maayboli uses the technology of cookies and site log files to monitor user registration, to recognize registered members when they revisit the site and to track site usage. Our ability to identify you as a registered member allows us to customize the Maayboli experience and to protect your personal information based on your account settings.
INTERNET COMMUNICATION PROTOCOL INFORMATION: The communication standards of the Internet industry transmit the URL of the site from which you visit Maayboli, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on Maayboli. Maayboli file logging system automatically logs all of this information in its log files for its analysis.
NEWSLETTER SUBSCRIPTIONS: Visitors to Maayboli may also sign up with their name and email address for a variety of newsletters that Maayboli produces with varying frequency without having to register. Maayboli confirms the subscription by sending an email to the email address specified before sending the newsletter.

Use of Information by Maayboli
Maayboli is an online website that offers a variety of services designed to connect people from around the world. The information, whether personal information of any form of self-expression is used to help you describe yourself to other users. Maayboli also collects additional information in order to operate and improve our service. Maayboli Inc is the sole owner of the information collected on the Maayboli site.
SHARING OF INFORMATION WITH THIRD PARTIES: Maayboli takes your privacy very seriously. Maayboli will never sell, rent, or otherwise provide your personally identifiable information to any third parties unless it is to carry out your instructions and to provide specific services. As an example, we send your information to a credit card processing company to process a payment you have made for the use of a Maayboli service. These third parties are bound by strict confidentiality agreements which limit their use of such information. In addition, Maayboli may share your information to send direct mailers or complimentary coupons/offers to a mailing agency to process postal mailing. Again, such an agency would be bound by strict confidentiality agreements that limit their use of such information.
EMAIL COMMUNICATIONS: Maayboli generally communicates with you as a registered member of Maayboli through the primary email that you have specified at the time of registration. This is also used as the login text string in conjunction with the password to authenticate you on the Maayboli site. Your email and password are never shared with anybody within or outside Maayboli. Maayboli uses this email address to send you three types of communications:
Sending you emails related to the proper functioning of your account (e.g. when you receive a response to a classified you have posted on Maayboli or when you receive an invitation to join the personal network of another person)
Sending you newsletters that you have subscribed to
Sending you occasional announcements about changes in Maayboli's policies or promotions introduction of new services
Please note that these email communications may contain commercial messages of advertisers; however, Maayboli does not provide your personal information or emails to any of the advertisers; we just include the advertising banners they provide us in the emails that we send. As always you can opt out of the newsletters or promotional announcements.
Top PARTNERING WITH OTHERS: Maayboli may partner with other online services to offer a combined service. Whenever we offer such combined services, Maayboli will make it clear who the partner is and it will be entirely up to you to use or not to use the service. Where any personal information is passed along to the partner you will be informed prior to that sharing.
PROVISION OF AGGREGATE DEMOGRAPHIC INFORMATION TO THIRD PARTIES: Maayboli reserves the right to provide aggregate demographic information of its member base to advertisers and others so as to attract pertinent advertisers to advertise on Maayboli. We do not shared personal information of individual users with advertisers.
COMMUNICATIONS TO OTHERS FROM YOU THROUGH Maayboli: You will be able to send emails to others -- members and non-members -- through the Maayboli system. For example, you may send a comment on an article written by another member. Or you may send an email invitation to a non-member to join your personal network. In these instances, these emails will list your name and email address in the header of the message. The recipients of these emails initiated by you will get to know your name and email address. Maayboli is not responsible for how these recipients use this information. Your contact information will only be shared with another member only if both of you indicated you would like to establish contact with each other.
COMMUNICATIONS FROM OTHERS TO YOU THROUGH Maayboli: Only registered members of Maayboli are allowed to communicate with you through Maayboli through a form on Maayboli. Unless and until you respond to this email, they will not get to know your email address.
DISCLOSURES REQUIRED BY LAW: It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.

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