|
Terms and Condition |
|
|
Terms of Use Welcome to waterfry.com, an internet and mobile service that allows
users to create personal web profiles and communicate and share content with
friends and other users. The services offered by waterfry.com ("waterfry.com" or
"we") include the waterfry.com website (the "waterfry.com Website") and any
other features, content, or applications offered from time to time by
waterfry.com. This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the waterfry Services. By using the waterfry
Services, you agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the waterfry Website) or you are a "Member"
(which means that you have registered with waterfry.com). The term "User" refers
to a Visitor or a Member. You are only authorized to use the waterfry Services
(regardless of whether your access or use is intended) if you agree to abide by
all applicable laws and to this Agreement. If you wish to become a Member,
communicate with other Members and make use of the waterfry Services, you must
read this Agreement and indicate your acceptance during the Registration
process. This Agreement may be modified by waterfry.com from time to time
effective upon notice to you as a Member. Whenever there is a change in the
Terms of Use, waterfry.com will intimate you of such change. Your continued use
of the Site pursuant to such change will constitute deemed acceptance of such
changes. Please choose carefully the information you post on waterfry.com and
that you provide to other Users. Your waterfry.com profile may not include the
following items: telephone numbers, street addresses, and any photographs
containing nudity, or obscene, lewd, excessively violent, harassing, sexually
explicit or otherwise objectionable subject matter. Despite this prohibition,
information provided by other waterfry.com Members (for instance, in their
Profile) may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and waterfry.com assumes no responsibility or
liability for this material. If you become aware of misuse of the waterfry.com
Services by any person, please send an email to info@waterfry.com or click on
the "Report Abuse link" on that page. waterfry.com reserves the right, in its
sole discretion, to reject, refuse to post or remove any posting (including
private messages) by you, or to restrict, suspend, or terminate your access to
all or any part of the waterfry.com Services at any time, for any or no reason,
with or without prior notice, and without liability. |
|
1. |
Eligibility.
You must be at least 15 years of age or over to register as a
member of waterfry.com or use this Site. Membership to the Site is void where
prohibited. By using the waterfry Services, you represent and warrant that : |
|
|
(a) all registration information you submit is truthful and accurate.
(b) you will maintain the accuracy of such information.
(c) you are 15 years of age or older.
(d) your use of the waterfry.com Services does not violate any applicable law or
regulation.
|
|
2. |
Term.
This Agreement will remain in full force and effect while you use the Site
and/or are a Member of waterfry.com. You may terminate your Membership at any
time, for any reason, by following the instructions on the Member's Account
Settings page. waterfry.com may terminate your access to the Site and/or your
membership for any reason which shall be effective upon sending notice of
termination to you at the email address you provide in your application for
membership or such other email address as you may later provide to waterfry.com.
You acknowledge that waterfry.com reserves the right to charge for the
waterfry.com Services and to change its fees from time to time in its
discretion. If waterfry.com terminates your Membership because you have breached
the Agreement, you shall not be entitled to the refund of any unused portion of
subscription fees. Even after this Agreement is terminated, certain provisions
will remain in effect including sections 4,5,7,9 -12, inclusive, of this
Agreement.
|
|
3. |
Non-Commercial Use by Members.
The waterfry.com Site is for the personal use of individual members only, and may not be used in connection with any commercial endeavors. This includes providing links to other websites, whether deemed competitive
to waterfry.com or otherwise. Organizations, companies, and/or businesses may
not become Members of waterfry.com and should not use the waterfry.com Service
or Site for any purpose. Illegal and/or unauthorized use of the waterfry
Services, including collecting usernames and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the waterfry.com Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles without notice and may result in termination of
Membership privileges. Illegal and/or unauthorized uses of the Site, including
unauthorized framing of or linking to the Site will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress.
|
|
4. |
Other Terms of Use by Members.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other waterfry.com
Members. Although waterfry.com cannot monitor the conduct of its Members on the
waterfry.com Site, it is also a violation of this Agreement to use any
information obtained from the Service in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect waterfry.com and/or
our Members from any abuse/misuse, waterfry.com reserves the right to restrict
the number of communications/profile contacts & responses/emails which a Member
may send to other Member(s) in any 24-hour period to a number which waterfry.com
deems appropriate in its sole discretion. You will not send any messages to
other Members that are obscene, lewd, licentious, and defamatory, promote hatred
and/or are racial or abusive in any manner. Transmission of any such messages
shall constitute a breach of this Agreement and waterfry.com shall be entitled
to terminate your membership forthwith. waterfry.com reserves the right to
screen messages that you may send to other Member(s). You may not use any
automated processes, including IRC Bots, EXE's, CGI or any other
programs/scripts to view content on or communicate/contact/respond/interact with
waterfry.com and/or its Members.
|
|
5. |
Content Posted on the Site.
waterfry.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the waterfry.com Site and the waterfry.com Service. The Site contains the copyrighted
material, trademarks, and other proprietary information of waterfry.com, and its
licensors. Except for that information which is in the public domain or for
which you have been given express permission by waterfry.com, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information. All lawful, legal and non-objectionable messages (in
the sole discretion of waterfry.com), content and/or other information, content
or material that you post on the forum boards shall become the property of
waterfry.com. waterfry.com reserves the right to scrutinize all such
information, content and/or material posted on the forum boards and shall have
the exclusive right to either remove, edit and/or display such information,
material and/or content You understand and agree that waterfry.com may delete
any content, messages, photos or profiles (collectively, "Content") that in the
sole judgment of waterfry.com violates this Agreement or which might be
offensive, illegal, defamatory, obscene, libelous, or that might violate the
rights, harm, or threaten the safety of other waterfry.com Members. You are
solely responsible for the Content that you upload, publish or display
(hereinafter, "post") on the Site through the waterfry.com Service, or transmit
to other waterfry.com Members and waterfry expressly disclaims any or all
liability in connection with these posts. waterfry.com reserves the right to
verify the authenticity of Content posted on the Site. In exercising this right,
waterfry.com may ask you to provide any documentary or other form of evidence
supporting the Content you post on the Site. If you fail to produce such
evidence, or if such evidence does not in the reasonable opinion of waterfry.com
establish or justify the claim, waterfry.com may, in its sole discretion,
terminate your Membership without a refund of your subscription fees.
waterfry.com does not claim any ownership rights in the text, files, images,
photos, blogs, forums, buzz, video, sounds, musical works, works of authorship,
or any other materials (collectively, "Content") that you post to the
waterfry.com Services. After posting your Content to the waterfry.com Services,
you continue to retain all ownership rights in such Content, and you continue to
have the right to use your Content in any way you choose. By displaying or
publishing ("posting") any Content on or through the waterfry.com Services, you
hereby grant to waterfry.com a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on and through
the waterfry.com Services. The following is a partial list of the kind of
Content that is illegal or prohibited on the Site. waterfry.com will investigate
and take appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the offending
communication from the Service and the Site and terminating the Membership of
such violators without a refund. It includes (but is not limited to) Content
that: is patently offensive to the online community, such as Content that
promotes racism, bigotry , hatred or physical harm of any kind against any group
or individual; involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming"; harasses or advocates harassment of
another person; promotes information that the person posting it is aware that it
is false, misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; contains restricted or password
only access pages, or hidden pages or images (those not linked to or from
another accessible page) ; promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files; includes a
photograph/or part of a photograph of another person that you have posted
without that person's consent; displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the age of 18
years in a sexual or violent manner, or solicits personal information from
anyone under the age of 18 years; provides instructional information about
illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses; solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users / Members; and engages in commercial activities and/or sales without the
prior written consent waterfry.com such as contests, sweepstakes, barter,
advertising, and pyramid schemes. You must use the waterfry.com Service in a
manner consistent with any and all applicable local, state, and federal laws and
regulations.
|
|
6. |
Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Site through the waterfry.com Service in a way that
constitutes copyright infringement, please provide our Copyright Agent with the
following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed; a
description of where the material that you claim is infringing is located on the
Site; your address, telephone number, and email address; a written statement by
you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and where applicable a copy of the
registration certificate proving registration of copyright or any other
applicable intellectual property right; a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
waterfry.com's Copyright Agent for Notice of claims of copyright infringement
can be reached by writing to the Delhi address located under the Contact us
section on the site.
|
|
7. |
Member Disputes.
You are solely responsible for your interactions with other waterfry.com
Members. waterfry.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
|
|
8. |
Privacy.
Use of the waterfry.com Services is also governed by our Privacy Policy, which
is incorporated into this Agreement by this reference.
|
|
9. |
Disclaimers.
waterfry.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the waterfry.com Service, whether caused by users visiting the Site, Members or by any of the
equipment or programming associated with or utilized in the Service, nor for the
conduct of any user and/or Member of the waterfry.com Service whether online or
offline. waterfry.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user and/or Member communications. waterfry.com is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer on-line-systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any website or combination thereof,
including injury or damage to users and/or Members or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the waterfry.com Site and/or in connection with the waterfry.com
Service. Under no circumstances will waterfry.com be responsible for any loss or
damage to any person resulting from anyone's use of the Site or the Service
and/or any Content posted on the waterfry.com Site or transmitted to
waterfry.com Members. The exchange of profile(s) through or by waterfry.com
should not in any way be construed as any offer and/or recommendation from/by
waterfry.com. waterfry.com shall not be responsible for any loss or damage to
any individual arising out of, or subsequent to, relations established pursuant
to the use of waterfry.com. The Site and the Service are provided "AS-IS
AVALIABLE BASIS" and waterfry.com expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. waterfry.com cannot guarantee and
does not promise any specific results from use of the Site and/or the
waterfry.com Service.
|
|
10. |
Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will
waterfry.com
|
|
11. |
Disputes.
If there is any dispute about or involving the Site and/or the Service, by using
the Site, you agree that the dispute will be governed by the laws of India. You
agree to the exclusive jurisdiction to the courts of Delhi, India.
|
|
12. |
Indemnity.
You agree to identify and hold waterfry.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of
the Service in violation of this Agreement and/or arising from a breach of these
Terms of Use and/or any breach of your representations and warranties set forth
above and/or if any Content that you post on the waterfry.com Website or through
the waterfry.com Services causes waterfry.com to be liable to another. Other. By
becoming a Member of the Site / waterfry.com Service, you agree to receive
certain specific emails from waterfry.com. This Agreement, accepted upon use of
the Site and further affirmed by becoming a Member of the waterfry.com service,
contains the entire agreement between you and waterfry.com regarding the use of
the Site and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect. You are
under an obligation to report any misuse or abuse of the Site. If you notice any
abuse or misuse of the Site or any thing which is in violation of this
Agreement, you shall forthwith report such violation to waterfry.com by writing
to info@waterfry.com. On receipt of such complaint, waterfry.com may investigate
such complaint and if necessary may terminate the membership of the Member
responsible for such violation abuse or misuse without any refund of
subscription fee. Any false complaint made by a Member shall make such Member
liable for termination of his / her membership waterfry.com is a trademark of
waterfry.com By joining waterfry.com, you confirm that you have read the above
provi
|
|
|
|
|