1. ACCEPTANCE OF TERMS
Welcome to Rajgun. Rajgun provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. You can review the most current
version of the TOS at any time at: http://www.rajgun.com/terms.asp
In addition, when using particular Rajgun services, you and Rajgun
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines
or rules (including but not limited to our Privacy
Policy) are hereby incorporated by reference into the TOS. Rajgun
may also offer or be associated with other services by itself or via
partners or customers that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Rajgun currently provides users with access to a collection of resources,
including but not limited to, a business to business search engine
and directory. You also understand and agree that the Service may
include advertisements and that these advertisements are necessary
for Rajgun to provide the Service. You also understand and agree that
the service may include certain communications from Rajgun, such as
service announcements and administrative messages, and that these
communications are considered part of your Rajgun membership. Rajgun
reserves the right to remove your listing from the free Rajgun service.
Unless explicitly stated otherwise, any new features that augment
or enhance the current Service, including the release of new Rajgun
properties, shall be subject to the TOS. You understand and agree
that the Service is provided "AS-IS" and that Rajgun assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the India or other applicable
jurisdiction and are authorized to represent the company who owns
the website you are submitting . It is required that you submit proper
contact information. If you are a third party operating on behalf
of another company it is also required that you provide proper contact
information for Rajgun to contact a representative of the company
and this includes a company contact email address.
You also agree to:
(a) provide true, accurate, current and complete information about
yourself and the business you are representing as prompted by the
Service's registration form
(b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or Rajgun has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Rajgun
has the right to suspend or terminate your listing and Rajgun Membership
and refuse any and all current or future use of the Service (or any
portion thereof). Rajgun may also attempt to update or enhance the
information you provided (including but not limited to the contact
information you provided for the company you represent including physical
business address and email contact address) by visiting and/or searching
your submitted websites or searching the web for identifying information
about you, your website or business. Rajgun may also phone you or
your business to update or enhance the data you provided. Additionally,
Rajgun may utilize append services to add data related to you, your
site or business to the Rajgun database and make available all or
part of this data for web display. Rajgun is concerned about the safety
and privacy of all its users.
4. RAJGUN PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy policy
at http://www.rajgun.com/privacy.asp.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and Membership Account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account, and
are fully responsible for all activities that occur under your password
or account.
You agree to:
(a) immediately notify Rajgun of any unauthorized use of your password
or account or any other breach of security
(b) ensure that you exit from your account at the end of each session.
Rajgun cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information are the sole responsibility of
the person from which such Content originated. This means that you,
and not Rajgun, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the
Service. Rajgun does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Rajgun be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, pornographic, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable.
- harm minors in any way.
- impersonate any person or entity, including, but not limited to,
a Rajgun official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity.
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service.
-
upload, post, email, transmit or otherwise
make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements).
- upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party.
- upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose.
- interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service.
-
intentionally or unintentionally violate any
applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the India. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, and any regulations having
the force of law.
- "stalk" or otherwise harass another. or
- collect or store personal data about other users.
You acknowledge that Rajgun may not pre-screen Content, but that Rajgun
and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Rajgun and its designees
shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely on
any Content created by Rajgun or submitted to Rajgun.
You acknowledge, consent and agree that Rajgun may access, preserve,
and disclose your account information and Content if required to do
so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process:
(b) enforce the TOS: (c) respond to claims that any Content violates
the rights of third-parties: (d) respond to your requests for customer
service: or (e) protect the rights, property, or personal safety of
Rajgun, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service embodied within the Service may include
security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by Rajgun
and/or content providers who provide content to the Service. You may
not attempt to override or circumvent any of the usage rules embedded
into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the
Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the India or the
Indian States in which you reside.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including
your Rajgun I.D.), use of the Service, or access to the Service.
9. MODIFICATIONS TO SERVICE
Rajgun 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. You agree that Rajgun shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
10. TERMINATION
You agree that Rajgun may, under certain circumstances and without
prior notice, immediately terminate your Rajgun account, listing
and company profile content, and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches
or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your Rajgun account includes
(a) removal of access to all offerings within the Service, (b) at
Rajgun's discretion, deletion of your password and all related information,
files and content associated with or inside your account (or any part
thereof), and (c) barring further use of the Service. Further, you
agree that all terminations for cause shall be made in Rajgun's sole
discretion and that Rajgun shall not be liable to you or any third-party
for any termination of your account, any associated email address,
or access to the Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Rajgun
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Rajgun has no control over
such sites and resources, you acknowledge and agree that Rajgun is
not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Rajgun
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
-
RAJGUN MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
-
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM RAJGUN OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAJGUN SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
RAJGUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER
RELATING TO THE SERVICE.
15. NOTICE
Rajgun may provide you with notices, including those regarding changes
to the TOS, by either email, regular mail, or postings on the Service.
16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Rajgun respects the intellectual property of others, and we ask our
users to do the same. Rajgun may, in appropriate circumstances and
at its discretion, disable and/or terminate the accounts of users
who may be repeat infringers. To report infringement please contact
us at support@rajgun.com.
17. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between
you and Rajgun and governs your use of the Service, superceding any
prior agreements between you and Rajgun. You also may be subject to
additional terms and conditions that may apply when you use or purchase
certain other Rajgun services or affiliate services.
Choice of Law and Forum. The TOS and the relationship between
you and Rajgun shall be governed by the laws of the India without
regard to its conflict of law provisions. You and Rajgun agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Hyderabad, India.
Waiver and Severability of Terms. The failure of Rajgun to
exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
18. VIOLATIONS
Please report any violations of the TOS to support@rajgun.com.
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