Terms of Service

Please read these Terms of Service carefully before accessing or using the services offered by 123India.com. To use the services you must agree to these Terms of Service. By clicking on the button labeled "Yes, I Agree" or accessing or using this web site or services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not use the service.

Agreement
These Terms of Service govern your use of any of the web-based services offered by 123India.com on this web site (the "Service"). You agree to use the Service in accordance with all applicable local, state and federal laws and regulations and in accordance with these Terms of Service. If you violate any of these Terms of Service, your membership may be cancelled at any time by 123India.com and at 123India.com's sole discretion. 123India.com reserves the right, at any time, without prior notice, to modify, alter or update these Terms of Service and you agree to be bound by such modifications, alterations or updates.

Registration
To enroll in the Service you must be an individual 13 years of age or older. If you are an individual under the age of 13, your guardian or parent must agree to these Terms of Service and it is your guardian or parent who must click the button labeled "Yes, I Agree". You must provide the requested Member Registration Data. Such Member Registration Data may include without limitation your name, address, Electronic mail ("E-Mail") address and the URL address for the web site you are registering ("Your Registered Site"). You certify that all of the Member Registration Data you provide to 123India.com is accurate and complete and agree to notify 123India.com within 30 days of any changes in your Member Registration Data. You also hereby certify that your email account is registered to you and shall remain active at all times. 123India.com does not permit the use of offensive or vulgar language for your member name. 123India.com may, at our sole discretion and without notice, delete or revoke any membership associated with a member name of this nature.

Member Registration Data
The Member Registration Data you provide to 123India.com will be kept confidential and will not be distributed, except in aggregate, to any outside agency, unless required by any applicable law, agency, or legal process. In addition, 123India.com will not release information derived or gathered from Your Registered Site (excepting site name and URL) without your written consent. However, 123India.com reserves the right to use Member Registration Data (i) for internal marketing, legal or accounting purposes, (ii) to offer you additional services and (iii) in cooperation with certain third party content providers that provide services to you on behalf of 123India.com (but only to the extent such third parties need this information to provide such services). You can request to remain a member but not receive any unsolicited email by visiting the Update User Information area of this web site and deselecting the appropriate box on your membership profile.

Online Conduct. You agree and warrant that:
You are solely responsible for any content or information you publish, display or post on the Service, or transmit to other members or employees of the Service.
You will not post on the Service, or transmit to other members or employees of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, politically motivated or illegal materials.
You will not post on the Service, or transmit to other members or employees of the Service, any material that infringes or violates another party's intellectual property rights (including but not limiting another party's copyrights, trademark rights or trade secret rights) or rights of privacy, publicity or personality.
You will not engage in advertising to, or solicitation of, other members of the Service regarding buying or selling any products or services through the Service. You will not transmit any chain letters or junk email to other members of the Service.
You are solely responsible for your interactions with other members of the Service. 123India.com reserves the right, but has no obligation, to monitor disputes between you and other members of the Service.

Monitoring
123INDIA.COM RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. 123INDIA.COM SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN 123INDIA.COM'S SOLE DISCRETION, VIOLATES, OR MAY VIOLATE, ANY THIRD PARTY RIGHT, APPLICABLE LAW OR THESE TERMS OF SERVICE. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND YOUR PRIVATE EMAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.

Limited Use License
Subject to these Terms of Service, 123India.com hereby grants you a non-exclusive, non-transferable, license to use the Service while you are a member of the Service. You may not sublicense, assign, distribute, delegate, rent, lease, time-share or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void.

Restrictions on Use
You may not use the Services in connection with any web site other than Your Registered Site, unless you register such site with 123India.com. No web site can use Services unless it is registered with 123India.com. You agree not to do any of the following: (a) copy any software or content provided to you pursuant to the Services; (b) translate any software or content provided to you pursuant to the Services; (c) merge any software or content provided to you pursuant to the Services with another program or modify any software or content provided to you pursuant to the Services; (d) reverse-engineer, disassemble, decompile, or make any attempt to discover the source code underlying the Services; (e) use the Services for commercial purposes (e.g. for the purpose of generating revenue).

Proprietary Rights
123India.com shall retain all rights, title and interest, including all intellectual property rights, in and to the Services and any software provided to you pursuant to the Services. You acknowledge that the licenses granted pursuant to this Agreement do not provide you with title or ownership of the Services or any software provided to you pursuant to the Services. All rights not expressly granted hereunder are reserved to 123India.com.
The Service contains copyrighted material, trademarks, and other proprietary information of 123India.com and its licensors. In addition, other members of the Service may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Limited License to 123India.com
By posting information or content to any public area of the Service, you grant to 123India.com a non-exclusive, royalty-free, worldwide license to use, copy, transmit, display and distribute such information or content for the limited purposes of displaying and promoting the user's information and content on the network(s) operated by 123India.com and their respective affiliates. The term of the license will extend only for the duration of your membership to the Service. In the event that your membership is terminated for any reason, 123India.com, and its respective affiliates, will relinquish all rights to such information and content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated.

Right to Refuse Service
123India.com reserves the right to refuse to (i) display advertisements for, (ii) establish links to or from, and (iii) provide any portion of the Service to, any web site that contains, advertises or links to any other web site that contains Prohibited Material. "Prohibited Material" shall include the following: (a) nudity, sexual situations, pornography, and sexual material of a lewd, lecherous or obscene nature and intent as determined by 123India.com at their sole discretion; (b) any material that violates local, state or any federal laws; (c) any material that violates or infringes in any way the rights of any third party, including without limitation, copyright or trademark rights; (d) hate propaganda or hate mongering, swearing, or fraudulent material or activity; (e) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by 123India.com at its sole discretion; (f) any material that promotes, encourages, or provides instructional information about illegal activities; (g) any software, information, or other material that contains a virus, "Trojan Horse," corrupted data, or any other harmful or damaging component; or (h) any software or information to promote or utilize software or services designed to deliver unsolicited email. In addition, 123India.com reserves the right to reject any advertising that contains Prohibited Material.

MATERIAL AVAILABLE THROUGH 123INDIA.COM
YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU FROM THIRD PARTIES THROUGH THE SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. 123INDIA.COM AND THEIR AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. IN ADDITION, 123INDIA.COM AND THEIR AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU MAY CHOOSE TO DISCLOSE IN CONNECTION WITH USE OF THE SERVICE.

Termination
Either you or 123India.com may terminate your use and access to the Service at any time for any reason or for no reason. You may cancel your membership by sending a cancellation notice containing your email address and password, to support@123India.com.com. 123India.com may immediately restrict, suspend or terminate your membership in the Service at any time for any reason or no reason, with or without notice. In the event that 123India.com provides notice of termination, you will be notified via email to the email address you provided to 123India.com in your Membership Registration Data or by other notice.

Modifications to Services
123India.com reserves the right to modify or discontinue the Service, or any portion of the Service, with or without notice to you, and shall not be liable to you or to any third party for any consequences arising from such modification or discontinuation.

Confidential Information
The information provided by 123India.com to you hereunder may be proprietary in nature. You agree to hold such information in strictest confidence, and not to use, except as expressly permitted herein, or to disclose to any person, firm or corporation any such proprietary information. You agree to use reasonable precautions to maintain the confidentiality of such information. The terms of this Section will survive any termination of this Agreement.

Your Password and Account Information
Upon your successful enrollment in the Service, 123India.com will send you your password and your account information. You are entirely responsible for maintaining the confidentiality of your password and account. You are responsible for the use of your account and all activity under your account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. You agree to indemnify, defend, and hold harmless 123India.com for any liability or expense arising from such use or misuse of your password and account. You agree to immediately notify 123India.com of any unauthorized use of your account.

Disclaimer
You agree and understand that you are using the Service and this web site at your own risk. The Service and this web site are provided on an AS IS and AS AVAILABLE basis. 123INDIA.COM DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS TO THE FULLEST AMOUNT ALLOWED BY LAW, ANY WARRANTIES OF SATISFACTORY QUALITY, QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE (1) THAT THE SERVICE MAY CONTAIN BUGS, DEFECTS AND ERRORS, (2) THAT THE SERVICE MAY BE UNAVAILABLE OR INACCESSIBLE TO YOU FOR SUBSTANTIAL PERIODS OF TIME, AND (3) THAT DATA MAY BE LOST OR CORRUPTED, INCLUDING YOUR ENTIRE WEB SITE AND ALL INFORMATION IT CONTAINS. YOU AGREE TO BACK-UP ONTO YOUR OWN SYSTEM, IF POSSIBLE, ANY DATA OR INFORMATION YOU DO NOT WANT TO LOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY 123INDIA.COM, THEIR EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL 123INDIA.COM OR THEIR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE OR THIS WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED VIA THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO 123INDIA.COM’S RECORDS, PROGRAMS OR SERVICES, LOST PROFITS OR GOODWILL. YOU HEREBY ACKNOWLEDGE THAT THE FOREGOING LIMITATION APPLIES TO YOU REGARDLESS THE THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, NEGLIGENCE AND STRICT LIABILITY), THAT THIS PROVISION WILL APPLY WHETHER OR NOT 123INDIA.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE SERVICE, OR FROM 123INDIA.COM OR THEIR AFFILIATES. IN ADDITION, 123INDIA.COM DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Amendment
123India.com reserves the right to modify these Terms of Service at their sole discretion. It is your responsibility to keep current with changes in the terms and conditions, since changes are effective for all members, regardless of when you joined. Any modification is effective immediately and can be accessed at the Terms of Service page, currently located at http://home.123India.com/Legal/terms.html, or by a message from 123India.com sent by E-Mail. If any modification to this Agreement is unacceptable to you, you may immediately terminate your subscription as provided herein. However, if you do not terminate your registration, or continue to use the Service following any modification to this Agreement, your continued use will mean that you have accepted that modification.

Your Registered Site
You are solely responsible for the development, operation and maintenance of Your Registered Site and for any and all material or contents that appear on Your Registered Site.

Indemnification
Upon 123India.com's request, you shall defend, indemnify and hold harmless 123India.com, their officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to (i) the development, operation or maintenance of Your Registered Site, and (ii) your use of and enrollment in the Service, including without limitation any violation by you of these Terms of Service. The terms of this Section will survive any termination of this Agreement.

General Terms
These Terms of Service constitute the entire Agreement between you and 123India.com with respect to the subject matter hereof and supersedes all prior Agreements between you and 123India.com. 123India.com's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this Agreement will be governed by the laws of India (excluding its choice of law rules). The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You hereby consent to personal jurisdiction in the courts of Mumbai, India for any action arising out of this Agreement or relating to your use of or enrollment in the Service. Nothing in this Agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and 123India.com, and you do not have any authority to create any obligation or make any representation on 123India.com's behalf. You may not assign this Agreement, by operation of law or otherwise, without 123India.com's written consent. The terms of this Section will survive any termination of this Agreement.

Copyright & Copyright Agent
123India.com respects the intellectual property rights of others, and we ask our users to respect those rights as well. It is 123India.com's policy to respond in an expeditious manner to all claims of intellectual property, and promptly process and investigate notices of alleged infringement. Please see our Copyright Policy & Copyright Agent page for further details and on how to reach our Copyright Agent in the event that you believe your copyright-protected work has been copied in a way that constitutes infringement of your rights.

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