|
Ganesh's Website User Agreement
1. General
1.1 This agreement governs your use of the Ganesh's
Website ("GW") Internet information service (the "Service"),
including the discussion areas (the "Interactive Areas"),
which is provided by YaBB. Additional terms and conditions
of use applicable to specific areas of the Service may
also be posted in such areas and, together with this
agreement, govern your use of those areas. This agreement,
together with any such additional term and conditions,
are referred to as this "Agreement."
1.2 GW reserves the right, in its discretion, to change
or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Service.
Your continued use of the Service constitutes your binding
acceptance of these terms and conditions, including
any changes or modifications made by GW as permitted
above. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you should
immediately cease all use of the Service.
1.3 The Service is directed to teenagers and adults
and is not directed to children under the age of 13.
Ganesh's Website complies with the Children's Online
Privacy Protection Act and does not permit registration
by and will not knowingly collect personally identifiable
information from anyone under 13. This requirement will
be posted wherever Ganesh's Website collects data within
the Service.
2. Use of Content
2.1 You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics,
links and other material (collectively, the "Content")
that are protected by copyright, trademark or other
proprietary rights of GW or third parties. All Content
on the Service is copyrighted as a collective work of
GW pursuant to applicable copyright law. You agree to
comply with any additional copyright notices, information,
or restrictions contained in any Content available on
or accessed through the Service. Users of the Service
may use the Content only for their personal, noncommercial
use.
2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content,
in whole or in part, except as expressly permitted in
this Agreement. Content consisting of downloadable software
may not be reverse engineered unless specifically authorized
by the owner of the software's patent and/or copyright.
You may post on the Service any Content owned by you
(such as your original statements), Content for which
you have received express permission from the owner
and Content in the public domain. You assume all risk
and responsibility for determining whether any Content
is in the public domain. You grant to GW the right to
edit, copy, publish, distribute, translate and otherwise
use in any medium any Content that you place on the
Service without compensation to you. You represent and
warrant that you are authorized to grant all rights
set forth in the preceding sentence.
2.3 You may download or copy the Content only for your
own personal use, provided that you maintain all copyright
and other notices contained in such Content. You shall
not store electronically any significant portion of
any Content. Except as expressly permitted by the copyright
laws, no copying, storage, redistribution or publication
of any Content is permitted without the express permission
of GW or the owners of such Content or their authorized
persons, if other than GW. You may download from the
Service any Content in the public domain for your own
personal use or for non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which
(a) is libelous, defamatory, obscene, pornographic,
abusive, harassing or threatening, (b) contains viruses
or other contaminating or destructive features, (c)
violates the rights of others, such as Content which
infringes any copyright, trademark, patent, trade secret
or violates any right of privacy or publicity, or (d)
otherwise violates any applicable law. You may not post
on the Service any links to any external Internet sites
that are obscene or pornographic. You shall not use
the Service for any commercial purpose, to distribute
any advertising or solicitation of funds or goods and
services or to solicit users to join competitive online
services.
4. Managing Content
GW does not and cannot review the Content posted
by users on the Service and is not responsible for such
Content. However, GW reserves the right to delete, move
or edit any Content (including Content posted in any
Interactive Area) that it may determine, in its sole
discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for
all Content posted by you. GW shall have the right,
but not the obligation, to correct any errors or omissions
in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 GW does not represent or endorse the accuracy
or reliability of any Content posted on any Interactive
Area and you acknowledge that any reliance upon such
Content shall be at your sole risk. Any Content placed
on any Interactive Area by users are the views of the
user posting the statement, and do not represent the
views of GW.
5.2 The Service may contain links to sites on the Internet
which are owned and operated by third parties (the "External
Sites"). You acknowledge that GW is not responsible
for the availability of, or the content located on or
through, any External Site. You should contact the site
administrator or Webmaster for those External Sites
if you have any concerns regarding such links or the
content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold GW and its
affiliates, and their respective officers, directors,
owners, F2S, Bravenet, agents, information providers
and licensors (collectively, the "GW Parties") harmless
from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred
by any GW Party in connection with any use or alleged
use of the Service under your IP address by any person,
whether or not authorized by you. GW reserves the right,
at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with
GW's defense of such claim.
7. Termination of Service
GW reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or
any part of the Service, including the Interactive Areas,
at any time for any reason without prior notice or liability.
GW may change, suspend or discontinue all or any aspect
of the Service at any time, including the availability
of any feature, database, or Content (including the
Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER GW NOR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES GW, ANY
THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM
USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE
CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NONE OF GW, THIRD PARTY CONTENT PROVIDERS AND
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES
SOLD THROUGH THE SERVICE. NEITHER GW NOR ANY THIRD PARTY
CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS
OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER GW, ANY THIRD PARTY CONTENT PROVIDER NOR
THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF GW,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
9. Miscellaneous
This Agreement shall be construed in accordance
with the laws of Singapore, and the parties irrevocably
consent to bring any action to enforce this Agreement
in the federal or state courts located in Singapore.
This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements
between the parties with respect to such subject matter.
If any inconsistency exists between the terms of this
agreement and any additional terms and conditions posted
on the Service, such terms shall be interpreted as to
eliminate any inconsistency, if possible, and otherwise,
the additional terms and conditions shall control. Sections
2, 3, 7, 8, 10 and 11 shall survive any termination
of this Agreement as well as any other provisions which
by their terms or sense are intended to survive.
Revised 27 November 2001
|
 |
