|Badaga.org - International Badaga Association|
|Welcome Guest , Please Login or Join Us||May 26, 2013 : 03:09:53 AM|
1. Modification of Terms of Service:
IBA may change the terms and conditions of the Service at its discretion and shall accordingly update the changes on its website from time to time.
2. Registration Data:
As part of the registration process, you will select a password and a member ID. You also have to give us certain minimum registration information, all of which must be accurate and upto date. (a) You may not (i) select or use a member ID of another person with the intent to impersonate that person; (ii) use a member ID in which another person has rights without such person's authorization; or (iii) use a member ID that IBA, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of IBA.
You shall notify administrator of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or personal information.
You are responsible for all usage or activity on your IBA web account, including use of the account by any third party authorized by you to use your member ID and password. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for termination of your account, at IBA's sole discretion, and IBA may refer you to appropriate law enforcement agencies.
Membership is open to any person of Badaga origin who wishes to contribute to the growing Badaga Community. Membership in this web service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into and to abide by all of the terms and conditions to avail of this service.
4. Content Posted on the Site.
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the IBA service, or transmit to other IBA Members.
By posting Content to any public area of IBA, you automatically grant, and you represent and warrant that you have the right to grant, to IBA , and other IBA Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The following is a non-exhaustive list of Content that is illegal or prohibited on IBA website. IBA will investigate and take appropriate legal action in its sole discretion against anyone who violates these terms and conditions, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators without a refund or deleting / blocking any profiles. “Content” shall mean and interalia include but shall not be limited to:
You may not include in your Member profile, visible to other members, any telephone numbers, street addresses, last names, URL's, and email addresses.
This service is for the personal use of individual members only, and should not be used in connection with any commercial endeavors. You agree not to sell, resell or make any commercial use of the Service without the express consent of IBA. You are entirely responsible for maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by any third-party.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the IBA Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service.
You agree not to use the Members' contact information OR the Personal Message service provided by the IBA to contact other Members with the intent of selling or reselling any products or services to Members.
You will not transmit any chain letters or junk email to other IBA Members. Although IBA cannot monitor the conduct of its Members off the IBA Site, it is also a violation of these rules to use any information obtained from the Service or to use the Personal Messaging 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 our Members from such advertising or solicitation, IBA reserves the right to restrict the number of emails which a Member may send to other Member in any 24-hour period to a number which IBA deems appropriate in its sole discretion. IBA shall not entertain any enquiries in this regard. In addition to the above, in order to protect our Members from such advertising or solicitation in the future, IBA reserves the right to suspend or terminate your Membership without notice to you.
5. Subscription Services
The service is a subscription based service being offered to all registered users of IBA, where registered users can post their profiles for free. However such registered users of IBA shall need to pay IBA as per the Subscription offers available in order to establish contact with other IBA members. “Registered IBA Member” means the IBA Member who avails of this service and would like to establish contact with other IBA Members.
Registration presumes that the users have read, understood and accepted the terms and conditions (including modifications thereto without any prior notice to the IBA Members).
7. Member Disputes.
You are solely responsible for your interactions with other IBA Members. You agree and undertake that your interactions with the other IBA Members is at your sole discretion and responsibility and that IBA shall not be responsible/ liable for confirming the veracity of the content of other IBA Members. Any action taken by you by virtue of relying on the service offered by IBA shall be at your sole responsibility.
IBA will not intentionally monitor or disclose any private data unless required by law, enforcement agencies, regulation or court order. You agree to respect the privacy and confidentiality of others. In addition, IBA may, on its own or as may be directed, provide any information required to the law enforcement authorities for any above wrongful usage.
You agree to defend, indemnify and hold harmless IBA, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account and contravention of any terms and conditions herein for availing of this service, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights.
This Agreement shall continue in full force and effect for so long as you are using the Services. Either you or IBA may terminate the service at any time, with or without cause. The provisions of Sections 9 and 14 shall survive any such termination.
IBA reserves the right, in its sole discretion, to terminate your access to the services and the related services or any portion thereof at any time, without notice.
IBA may also terminate or suspend your access to the services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by IBA.
The amount of time that IBA currently considers as an "extended" period of time is 3 (three) months. Upon termination of the service, your right to use the Services immediately ceases.
IBA shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
11.Disclaimer of Warranties:
IBA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE IBA SERVICE, WHETHER CAUSED BY USERS, 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 IBA SERVICE WHETHER ONLINE OR OFFLINE. IBA DOES NOT GUARANTEE THE PROFILE INFORMATION POSTED ON THE SITE, NOR DOES IBA CONFIRM THE AUTHENTICITY OF THE POSTED PROFILES, AS SUCH THE USER RELIES ON THE SAME ON AN AS IS WHERE IS BASIS. UNDER NO CIRCUMSTANCES WILL IBA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE AND/OR ANY CONTENT POSTED ON THE IBA SITE OR TRANSMITTED TO IBA MEMBERS. THE EXCHANGE OF MATRIMONIAL PROFILE(S) THROUGH OR BY "IBA " SHOULD NOT IN ANY WAY BE CONSTRUED AS ANY MATRIMONIAL OFFER AND/OR RECOMMENDATION FROM/BY IBA. IBA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY INDIVIDUAL ARISING OUT OF, OR SUBSEQUENT TO, MATRIMONIAL RELATIONS ESTABLISHED PURSUANT TO THE USE OF IBA SERVICE.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IBA MAKES NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IBA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. IBA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM IBAMAIL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE THAT IBA 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 IBA LOGO, ADVERTISEMENTS AND/OR OTHER CONTENT SELECTED BY IBA. YOU ACKNOWLEDGE THAT IBA AND ITS SPONSORS NEITHER ENDORSE NOR ARE AFFILIATED WITH THE LINKED SITE AND ARE NOT RESPONSIBLE FOR ANY CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINK SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOU ALSO ACKNOWLEDGE THAT IBA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE.
IBA DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING THEREUPON. IBA SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS OF THE ADVERTISEMENT.
12. Limitation of Liability:
IBA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENTOR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN IBA SITE/SERVICE, EVEN IF IBA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY AGREE THAT IBA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT IBA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN IBA SITE/SERVICE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Proprietary Rights to Content:
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or E-mail distributed, commercially produced information presented to you by IBA or IBA's suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall 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.
This agreement will be governed by and construed in accordance with the laws of USA without giving effect to principles of conflict of laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. IBA's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and IBA