| Discovery of India - Bharat
Ek Khoj |
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| Terms
and Conditions |
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Following are the Terms & Conditions for Discovery Of India - Bharat
Ek Khoj portal ' A Division of Origin Infoway. The terms are defined
in detail and in a repeated format as well to facilitate you to understand
your and our role in working together for mutual benefit and avoiding
any later stage conflicts.
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Please go through these and take a print out for your future references.
These Terms & Condition will imply to each and every one who is associated
with discoveryofindia.com and bharatekkhoj.com and their use.
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Discovery Of India - Bharat Ek Khoj Terms and Conditions ::
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1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The Discovery
Of India - Bharat Ek Khoj Portal Services ("Services"), owned and operated
by Discovery Of India - Bharat Ek Khoj, are provided to you ("User") under
the terms and conditions of this Portal Services Terms of Service ("TOS")
and any operating rules or policies that may be published by Discovery
Of India - Bharat Ek Khoj. The TOS comprise the entire agreement between
User and Discovery Of India - Bharat Ek Khoj and supersede all prior agreements
between the parties regarding the subject matter contained herein.
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2. DESCRIPTION OF THE SERVICES Discovery Of India - Bharat Ek
Khoj agrees to provide Users one or more of the following Services via
the Discovery Of India - Bharat Ek Khoj sites: electronic mail ("email"),
chat, message board, mailing list, user homepages, calendar, egreetings
, WAP, web hosting, IMS, UMS or polling and other Content, news and articles.
User must: (a) provide all equipment, including a computer and modem,
necessary to establish a connection to the Web; (b) provide for User's
own access to the Web and pay any telephone or other connection and service
fees associated with such access.
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2.1 Advertising Discovery Of India - Bharat Ek Khoj may serve
advertisements to this site or work with a third party to serve the advertisements.
Advertisements placed on the Discovery Of India - Bharat Ek Khoj site
may include but are not limited to banner ads, paid links, pop-up windows,
buttons, and sponsorships. User agrees that Discovery Of India - Bharat
Ek Khoj has the right to run such advertisements and promotions. Your
correspondence or business dealing with, or participation in promotions
of, advertisers found on or through the Services, including payment and
delivery of related goods or services, and any other representations associated
with such dealings, are solely between you and such advertiser.
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You agree that Discovery Of India - Bharat Ek Khoj 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 Services. Privacy protection is Discovery Of India - Bharat Ek
Khoj's number one priority. Discovery Of India - Bharat Ek Khoj uses the
patent-pending "dual blind" privacy protection technology which allows
Discovery Of India - Bharat Ek Khoj to customize ads for User's browser
without ever knowing User's name, address, social security number, telephone
number or any other personally identifiable information. It's completely
anonymous.
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And Discovery Of India - Bharat Ek Khoj does not store any data that
is considered sensitive or controversial (specific medical and financial
information, adult content, sexual preference, etc.) Discovery Of India
- Bharat Ek Khoj has some of the most privacy-safe technologies and policies
on the Internet. We can deliver targeted advertising to your browser --
offers and opportunities of interest to you -- without ever knowing your
identity. But we believe the most important privacy safeguard is consumer
choice. If you don't want to be part of our advertising services, we give
you the power to "opt-out" at any time.
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2.2 Email Marketing Discovery Of India - Bharat Ek Khoj and/or
third parties may, from time to time, send email messages to Users containing
advertisements, special promotions, and other marketing materials ("Email
Marketing Programs") based on the agreed terms between Discovery Of India
- Bharat Ek Khoj and its selected partner(s). Discovery Of India - Bharat
Ek Khoj also offers Users permission-based email services. Users must
decide to "opt-in" to our email services during the registration process
or through a link on the Discovery Of India - Bharat Ek Khoj site before
they receive any email services, newsletters, special promotions or other
marketing materials ("Opt-In Email Programs"). Discovery Of India - Bharat
Ek Khoj has the right to partner with any email marketers to provide these
Email Marketing Programs or Opt-In Email Programs.
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3. PRIVACY POLICY
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In consideration for the Services, User agrees to:
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(a) provide certain current, complete, and accurate information
about User as prompted to do so by the Services and
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(b) maintain and update this information as required to keep it
current, complete and accurate. All information requested on original
sign up shall be referred to as registration information ("Registration
Information"). This Registration Information will be owned by Discovery
Of India - Bharat Ek Khoj and any of its co-branding partners if applicable.
If any information provided by User is inaccurate, Discovery Of India
- Bharat Ek Khoj retains the right to terminate User's membership and
rights to use the Services. For the avoidance of doubt, User grants Discovery
Of India - Bharat Ek Khoj the right to disclose to email marketers referred
to in Section 2.2 all information provided during subscription to Email
Marketing Programs or Opt-In Email Programs.
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Users may "opt-out" of these emails directly at any time. Discovery Of
India - Bharat Ek Khoj does not make any representation or warranty with
respect to the content of any such email messages or any goods or services
which may be obtained from such third parties, and User agrees that Discovery
Of India - Bharat Ek Khoj shall not have any liability with respect thereof.
Discovery Of India - Bharat Ek Khoj is committed to never mixing your
permission-based email information with the anonymous profile information
described in Section 2.1 above.
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For a complete Privacy Policy Statement, please refer to the Privacy
Policy
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4. MODIFICATIONS TO TERMS OF SERVICE
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| Discovery Of India - Bharat Ek Khoj reserves the right to modify the terms and conditions of
the TOS at any time and at its sole discretion. Discovery Of India -
Bharat Ek Khoj will post any
update[s] to the TOS on this Web site. By continuing to use the Services,
User agrees to be bound by the amended TOS. |
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5. MODIFICATIONS TO THE SERVICES
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| Discovery Of India - Bharat Ek Khoj reserves the right to modify or discontinue the Services,
or any portion thereof, at any time, with or without notice to User.
Discovery Of India - Bharat Ek Khoj
shall not be liable to User or any third party should Discovery Of India -
Bharat Ek Khoj exercise
its right to modify or discontinue the Services. |
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6. USER ACCOUNT, PASSWORD, AND SECURITY
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| User is entirely responsible for maintaining the confidentiality of User's
password and account, and for any and all activities which occur under User's
account or password. User agrees to immediately notify Discovery Of India
- Bharat Ek Khoj of any
unauthorized use of User's account, password, or any other breach of security
known to User. User may change his/her password or profile by following
instructions on the system. |
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7. DISCLAIMER OF WARRANTIES
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| Discovery Of India - Bharat Ek Khoj provides the Services on an "as is" and "as available" basis,
and User uses such Services at his/her sole risk. Discovery Of India -
Bharat Ek Khoj makes no
warranty that the Services will meet User's requirements, or that the Services
will be uninterrupted, timely, secure, or error free; nor does Discovery
Of India - Bharat Ek Khoj
make any warranty as to the results that may be obtained from the use of
the Services or as to the accuracy or reliability of any information obtained
through the Services or that defects in the Services will be corrected.
Discovery Of India - Bharat Ek Khoj expressly disclaims all warranties of any kind, whether express,
implied or statutory, including, but not limited to, the implied warranties
of title, merchantability, fitness for a particular purpose and non-infringement.
User understands and agrees that any material and/or data downloaded or
otherwise obtained through the use of the Services is done at User's own
discretion and risk. Discovery Of India - Bharat Ek Khoj is not responsible for User's computer
system or loss of data that results from the download of such material and/or
data. Discovery Of India - Bharat Ek Khoj makes no warranty regarding any goods or services purchased
or obtained through the Services or any transactions entered into through
the Services. No advice or information, whether oral or written, obtained
by User from Discovery Of India - Bharat Ek Khoj shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so
some of the above exclusions may not apply to User. |
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8. LIMITATION OF LIABILITY
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| Discovery Of India - Bharat Ek Khoj will not be liable for any loss of use, interruption of business,
or any indirect, special, incidental, or consequential damages of any kind
(including but not limited to lost profits) regardless of the form of action,
whether in contract, tort (including negligence) strict product liability,
or otherwise, even if Discovery Of India - Bharat Ek Khoj has been advised of the possibility of
such damages. Some jurisdictions do not allow the limitation or exclusion
of liability for incidental or consequential damages, so some of the above
limitations may not apply to User. |
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9. DATA STORAGE AND OTHER LIMITATIONS
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Discovery Of India - Bharat Ek Khoj has set no fixed upper limit on the
number of messages a User may send or receive through the Services; however,
Discovery Of India - Bharat Ek Khoj retains the right, at its sole discretion,
to determine whether or not User's conduct is consistent with the letter
and spirit of the TOS and may terminate Services if Discovery Of India
- Bharat Ek Khoj determines in its sole discretion that User's conduct
is inconsistent with the TOS. Discovery Of India - Bharat Ek Khoj ASSUMES
NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE, DELIVER, OR TIMELY
DELIVER EMAIL MESSAGES.
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10. USER CONDUCT You understand that all information, data, text,
software, music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not Discovery Of India - Bharat Ek Khoj, are
entirely responsible for all Content that you upload, post or otherwise
transmit via the Service. Discovery Of India - Bharat Ek Khoj does not
control the Content posted via the Services and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that
by using the Services, you may be exposed to Content that is offensive,
indecent or objectionable. You agree to not use the Services to:
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| (a) upload, post or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; |
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| (b) harm minors in any way; |
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| (c) impersonate any person or entity, including, but not limited
to, Discovery Of India - Bharat Ek Khoj official, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a
person or entity; |
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| (d) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Services or
develop restricted or password-only access pages, or hidden pages or images
(those not linked to from another accessible page); |
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| (e) upload, post or otherwise transmit any Content that you do
not have a right to transmit 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); |
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| (f) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
of any party; |
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| (g) upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "Spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
of the Service that are designated for such purpose; |
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| (h) upload, post or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment; |
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| (i) disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Services are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
time exchanges; |
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| (j) interfere with or disrupt the Services or servers or networks
connected to the Services, or disobey any requirements, procedures, policies
or regulations of networks connected to the Services; |
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| (k) intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to, any
rules of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law; |
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| (l) "stalk" or otherwise harass another; |
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| (m) collect or store personal data about other users; or |
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| (n) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or individual,
or promote any act of cruelty to animals. This may include, but is not limited
to, providing instructions on how to assemble bombs, grenades and other
weapons, and creating "Crush" sites. |
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11. INDEMNIFICATION
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| User agrees to indemnify, defend (at Discovery Of India - Bharat Ek Khoj's request), and hold
Discovery Of India - Bharat Ek Khoj, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made or brought by any third party due to or arising out of User's use of
the Services or any part thereof, the violation of this TOS or any provision
therein by User, or the infringement or misappropriation by User, or a third
party using User's computer, account or password to access and/or use the
Services, of any Intellectual Property Rights of any person or entity, or
the use or misuse by the User or third parties of User's passwords or accounts. |
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12. PROPRIETARY RIGHTS TO CONTENT
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| User acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in
either sponsor advertisements, or Internet-distributed, commercially produced
information presented to User by the Services ("Content") by Discovery Of
India - Bharat Ek Khoj,
Discovery Of India - Bharat Ek Khoj's advertisers, or other Discovery Of
India - Bharat Ek Khoj Users may be protected
by copyrights, trademarks, patents or other proprietary rights and laws;
therefore, User is only permitted to use this protected Content as expressly
authorized by the owner of the Content ("Owner"), the Services or the Advertiser.
User may not copy, reproduce, distribute, or create derivative works from
this Content without expressly being authorized to do so by the Owner, the
Services or the Advertiser. |
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13. TERM AND TERMINATION
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| Either User or Discovery Of India - Bharat Ek Khoj may wish to discontinue the Services with
or without cause at any time, effective immediately upon written notice
to the other party. Discovery Of India - Bharat Ek Khoj shall not be liable to User or any third
party for termination of the Services. Should User object to any terms and
conditions of the TOS or any subsequent modifications thereto or become
dissatisfied with the Services in any way, User's only recourse is to immediately: |
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| (1) discontinue use of the Services; |
| (2) terminate Services Usership. |
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14. NOTICE
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| All notices to a party shall be in writing and shall be made either via
online announcements, email, or conventional mail. Discovery Of India -
Bharat Ek Khoj may broadcast
notices or messages through the Services to inform User of changes to the
TOS, the Services, or other matters of importance; such broadcasts shall
constitute notice to User. |
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15. LAW
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| The TOS shall for all purposes be governed by and interpreted in accordance
with the laws of the india, excluding its conflict of law provisions. User
and Discovery Of India - Bharat Ek Khoj agree to submit to the exclusive jurisdiction of the courts
of the india. Discovery Of India - Bharat Ek Khoj's failure to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Discovery Of India - Bharat Ek Khoj in writing. |
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16. ASSIGNMENT
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| No right may be assigned, and no duty may be delegated, by either party
under this Agreement except upon the written consent of the other party
and any attempted assignment and delegation without such consent shall be
void and without effect. Notwithstanding the foregoing, however, Discovery
Of India - Bharat Ek Khoj
shall be entitled to assign this agreement, and all rights and obligations
hereunder, to a successor to all or substantially all of its assets, whether
by sale, merger or otherwise. This TOS shall be binding upon and shall inure
to the benefit of the parties hereto and their respective representatives,
heirs, administrators, successors and permitted assigns except as otherwise
provided herein. |
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17. NO AGENCY
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| Neither party is, nor will it be deemed to be, an agent or legal representative
of the other party for any purpose. Neither party will be entitled to enter
into any contracts in the name of or on behalf of the other party, and neither
party will be entitled to pledge the credit of the other party in any way
or hold itself out as having authority to do so. |
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18. SEVERABILITY
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| If any provision(s) of the TOS is/are held by a court of competent jurisdiction
to be contrary to law, or otherwise invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force and effect. |
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19. WAIVER
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| Any waiver (express or implied) by either party of any breach of this
TOS shall not constitute a waiver of any other or subsequent breach. No
provision of the TOS will be waived by any act, omission or knowledge of
a party or its agents or employees except by an instrument in writing expressly
waiving such provision and signed by a duly authorized officer of the waiving
party. |
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20. STATUTE OF LIMITATIONS
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| User and Discovery Of India - Bharat Ek Khoj agree that any cause of action arising out of or
related to these Services must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently barred.
21. TITLES The section titles in the TOS are solely used for the convenience
of the parties and have no legal or contractual significance.s |
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| Discovery Of India - Bharat Ek Khoj Placement Corner |
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| Acknowledgment and Acceptance of Terms and Conditions |
| The terms and conditions appearing hereafter comprise the entire agreement
between the User (as defined below) and the Company (as defined below) and
supersede all prior agreements between the parties regarding the subject
matter contained herein. By completing the registration process and/or clicking
the "I accept" button, you are indicating your agreement to be bound by
all of the terms and conditions of the Company as appearing below. |
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| Definitions |
| In this Agreement the following expressions shall have the following
meanings defined below: |
| "Agreement" Is defined as the completed application form and its
attachment(s) and the terms and conditions herein. |
| "Commencement Date"Is defined as the date specified by the Company in
its notice to the User either through email and/or conventional mail indicating
the acceptance of the application by the User to the Service. |
| "Company"Is defined as Origin Infoway a sole proprietry company having
its registered office at B-212, Prashant Vihar, Delhi 110085 along with
its unit for the Company's website discoveryofindia.com and/or bharatekkhoj.com |
| "Date of Termination"Is defined as the expiry date of the notice of termination
given under clause 10 below. |
| "Discovery Of India - Bharat Ek Khoj" Is defined as the Internet web site
of the Company at http://www.discoveryofindia.com and/or http://www.bharatekkhoj.com. |
| "User"Is defined as an individual or corporate subscriber for the Services
and the signatory, whose particulars are contained in the application form
and includes his successors and permitted assignees. "Services"Is defined
as the services to be provided by the Company to the User at Discovery Of
India - Bharat Ek Khoj
including the provision of facilities for the following: |
| 1. A User who wishes to make of posting of resume or curriculum vitae
for the purpose of seeking employment |
| 2. A User who wishes to secure recruitment through Discovery Of India -
Bharat Ek Khoj and its
Internet links. |
| 3. A User who wishes to insert advertisements at Discovery Of India -
Bharat Ek Khoj "Services Guide" Is defined as the information and description
of the Services for the User from time to time provided by the Company in
writing or contained within Discovery Of India - Bharat Ek Khoj. |
| "Registration Data"Is defined as all particulars and information of the
User requested on initial application and subscription, including but without
limiting to the User's name, mailing address, email address, account and
telephone number. |
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| " Words mentioned as singular shall also include the plural and words
importing one gender shall also include the other. |
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| Commencement of Service |
| " The Service shall commence on the Commencement Date. |
| Fees |
| " The subscription fees for the Services shall be at the applicable rate
indicated in the Services Guide or such other rates as may be prescribed
by the Company from time to time by any other means. ("Subscription Fees"). |
| " Liability for the Subscription Fees shall accrue from the Commencement
Date. |
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| This clause shall not be applicable for individual Users who access or
make postings of information at Discovery Of India - Bharat Ek Khoj for the purpose of seeking
employment. |
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| Payment |
| " Where Subscription Fees are payable, it shall be payable at or within
such time as is stated in the invoice(s) issued by the Company to the User. |
| " The User, who is liable to pay Subscription Fees, shall pay the Subscription
Fees on demand even if the User disputes the same for any reason. In the
event that the Company deciding the dispute in the User's favor, the Company
shall refund to the User any excess amount paid by the User free of interest. |
| " In the event of late payment by the User of any sums due under this
Agreement, the Company shall have the right to charge interests on the outstanding
amount from the due date until the date of full payment. |
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| User's Obligations |
| " The User is solely responsible for the accuracy of the Registration
Data given to the Company on initial application for the Service. |
| " The User is responsible for the set-up or configuration of his equipment
for access to the Service. |
| " The User is solely responsible for obtaining, at his own cost, all licenses,
permits, consents, approvals and intellectual property or other rights as
may be required for using the Service. |
| " The User will comply with all notices or instructions given by the Company
from time to time in respect of the use of the Service. |
| " The User shall be solely responsible for all information retrieved,
stored and transmitted through the Service by him. |
| " The User is solely responsible for the maintenance of confidentiality
of and the User's password and user identification and all activities and
transmission performed by the User through his user identification. |
| " The User will immediately notify the Company of any un-authorized use
of the User's account or any other breach of security known to the User. |
| " The User shall where Subscription Fees are payable, to pay the same
promptly as required by the Company from time to time. |
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| Prohibited Use |
| " User will not to allow any person other than the authorized person(s)
named in the application form to use the Service. |
| " The User shall not to share the Service with any person without the
prior written approval of the Company and shall use the Service only for
the purpose for which is subscribed. |
| " The User will comply with all applicable laws (and shall not contravene
any applicable law) of India relating to the Services, including any regulation
made pursuant thereto. |
| " The User shall not to use the Service for any unlawful purpose including
without limitation criminal purposes. |
| " The User shall not to use the Service to send or receive any message,
which is offensive on moral, religious, racial or political grounds or of
an abusive, indecent, obscene, defamatory or menacing nature. |
| " The User shall be prohibited in persistently sending messages or make
postings on Discovery Of India - Bharat Ek Khoj to any other User or third party who access
Discovery Of India - Bharat Ek Khoj
without reasonable cause or for causing any threat, harassment, annoyance,
inconvenience or anxiety to any person. |
| " The User is prohibited to introduce, post or transmit any information
or software, which contains a virus, worm or other harmful component into
the internet or Discovery Of India - Bharat Ek Khoj network system. |
| " The User will not infringe on any intellectual property rights of any
person or retain information in any computer system or otherwise with an
intention to do so. |
| " The User shall not to print, download, duplicate or otherwise copy,
delete, vary or amend or use any data or personal information posted by
any User on Discovery Of India - Bharat Ek Khoj except such data and information which is posted
by the particular User himself. |
| " The User shall not violate, or attempt to violate the security of
Discovery Of India - Bharat Ek Khoj
and/or any web sites linked to Discovery Of India - Bharat Ek Khoj or gain un-authorized access
any information regarded as private by other Users or persons, including
but without limitation to accessing data and information not intended for
them or logging onto a server or account which the User is not authorized
to access, attempting to probe, scan or test the vulnerability of a system
or network or attempting to breach security or authentication. |
| In the event that the User breaches any of the above mentioned covenants,
and the Company becomes aware of such violation, the Company shall have
the right to delete any material relating to the violations without prior
notice to the User. The Company shall issue a warning to the User to discontinue
any activity which leads to the said violations and in the event the User
continues with such activity, the Company has the unilateral right to suspend
or deactivate the User's access to Discovery Of India - Bharat Ek Khoj the Service and/or any other
related facility. In addition to the right to indemnity available to the
Company, the Company shall have the right to any legal remedy, against the
User to recover the loss suffered by the Company and the harm caused to
the reputation of the Company, due to such violation by the User. |
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Security and other features
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| " The User will take all such measures as may be necessary (including
without limitation changing his password from time to time) to protect the
secrecy of his user Identification and/or password and shall not reveal
the same to any other person(s). |
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| " There a user identification is necessary to access the Service; the
User shall use only his own user Identification. |
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| " The User acquires no rights to any mailbox number, the user identification,
circuit reference and any codes assigned to him by the Company and except
as otherwise proved herein, the Company reserves the right to change or
re-assign the same to the User at its sole discretion without being liable
to the User in damages or otherwise. |
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| " In the event of theft or loss of user identification, password or security
word, the User must notify the Company immediately by telephone and concurrently
provide the Company with a written notice to that effect. The User shall
remain liable for use of the Services by any third party until such theft
or loss is notified to the Company. |
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Maintenance of Service
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| " The Company may at any time deactivate or suspend the User's access
to Discovery Of India - Bharat Ek Khoj and/or the Services (as the case may be) without notice
to carry out system maintenance, upgrading, testing, repairs and other related
work. Without prejudice to the other provisions of this Agreement, the Company
shall not be liable for any loss and damage, costs and expense that the
User may suffer or incur, and no fees or charges payable by the User to
the Company shall be deducted, refunded or rebated, as a result of such
deactivation or suspension. |
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Termination of Service
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| " Either party to this agreement may terminate this Agreement by giving
prior notice in writing of 30 days. |
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| " The Company may in its sole discretion waive or accept in writing a
shorter period of notice from the User than that referred to in clause 10.1. |
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| " Notwithstanding clause 10.1, the Company may terminate this Agreement
with immediate effect, without prior notice to the User and without further
prejudice to all other rights: |
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| (a)if in the opinion of the Company, the User has breached any of the
terms or conditions of this agreement. |
| (b)if, in the opinion of the Company or any regulatory authority, it is
not in the public interest to continue providing the Service to the User
for any reason. |
| (c)if the User is declared a bankrupt or the User enters into any compromise
or arrangement with its creditors. |
| Liabilities for Subscription Fees upon termination |
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| " In the event of termination of this Agreement pursuant to clause 10.1,
without prejudice to any other remedies available to the Company, where
Subscription Fees are payable, the User shall be liable for Subscription
Fees until the Date of Termination. |
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| " The above amounts payable by the User upon termination shall be payable
within 30 days of the relevant Date of Termination. |
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Suspension of Service
|
| " Without prejudice to any other rights or remedies of the Company, the
Company may suspend the Service provided by the Company in the event that
any monies payable by the User are not paid. |
| |
| " Upon suspension, the Service shall be deemed to be terminated from the
date stipulated by the Company and the User shall be liable for all charges
and fees incurred up that date. |
| |
| " Upon subsequent payment by the User of such sums as demanded by the
Company, the Company may at its sole discretion and subject to such terms
as it deems proper, reconnect the Service. |
| |
| Disclaimer (an addition to the main disclaimer
section) |
| " The Company shall not be liable for any loss of information howsoever
caused whether as a result of any interruption, suspension, or termination
of the Service or otherwise, or for the contents, accuracy or quality of
information available, received or transmitted through the Service. |
| |
| " The User shall be solely responsible, and the Company shall not be liable
in any manner whatsoever, for ensuring that in using the Service, all applicable
laws, rules and regulations for the use of systems, service or equipment
shall be at all times complied with. |
| |
| " The Company makes no representations and warranties of any kind, whether
expressed or implied, for the Services and in relation to the accuracy or
quality of any information transmitted or obtained through the Services
or Discovery Of India - Bharat Ek Khoj. |
| |
| " The Company's liability under this Agreement shall not in any event
exceed the total amount of fees and charges paid by the User to the Company
for the period immediately preceding two (2) months prior to the incident
giving rise to the relevant claim. |
| |
| " The Company shall not be liable for any loss or damages sustained by
reason of any disclosure (inadvertent or otherwise) of any information concerning
the User's account and particulars nor for any error, omission or inaccuracy
with respect to any information so disclosed. |
| |
| " The Company does not warrant that Discovery Of India - Bharat Ek Khoj or any of the web sites
linked to Discovery Of India - Bharat Ek Khoj be free of any operational errors nor that it will
be free of any virus, worm, or other harmful component. |
| |
| " The User acknowledges that it is not the Company's policy to exercise
editorial control over and to edit or amend any data or contents of any
emails or posting or any information that may be inserted or made available
or transmitted to a third party in or through Discovery Of India - Bharat
Ek Khoj. The Company
may refuse, suspend, terminate, delete or amend any artwork, materials,
information or content of any data or information or posting so as, in the
sole opinion of the Company, to comply with the legal or moral obligations
as placed on the Company and to avoid infringing a third party's rights
or any other rules, standards or codes of practices that may be applicable
to the posting or Discovery Of India - Bharat Ek Khoj or the internet. |
| |
|
Use of Data
|
| The User hereby agrees and irrevocably authorizes the Company to: |
| |
| " Use any data and information supplied by the User in connection with
this Agreement for the Company's own purpose, to the company supplying such
data and information to any other associated companies or selected third
parties. |
| |
| " Allow all data and information supplied by the User in using the Service
to remain at Discovery Of India - Bharat Ek Khoj for the use of the Company in accordance with
clause 14.1, notwithstanding the termination or suspension of the Service
to the User herein. Unless the User informs the Company to delete all such
data and information following the termination or suspension of the Service
to the User, such data and information remain in the Company's property,
records and databases. |
| |
|
Indemnity
|
| " The User agree to indemnify and hold harmless the Company, its officers,
directors, employees and agents from and against any claims actions, demands,
liabilities, losses or damages whatsoever arising from or resulting from
their use of Discovery Of India - Bharat Ek Khoj or their breach of the terms of this agreement. |
| |
|
Confidentiality
|
| " Both parties hereby agree not to divulge nor communicate to any person
(other than those whose province it is to know the same) nor use or exploit
for any purpose whatsoever (other than that contemplated in this Agreement)
any confidential information which may or may have come to his knowledge
by reason of or in connection with this Agreement. Both parties hereby agree
also agree that they shall use all reasonable efforts to prevent their employees,
officers, agents and consultants from so acting, except where the prior
written consent of the other party is obtained or where required to be disclosed
pursuant to any applicable law or legal process issued by any court or the
rules of any relevant regulatory body. |
| |
| " The Company maintains a policy of strict confidentiality of all data
and information submitted by the User and the Company shall not, save as
provided for under clause 14 herein, release such data and information to
any persons without the prior consent of the User. |
| |
| " The User is entitled to access to his own data and information stored
in the database at Discovery Of India - Bharat Ek Khoj (subject to prior confirmation of identity)
and may edit or amend such data and information at any time. |
| |
| " Users need to be aware that when they voluntarily reveal identification
oriented information (name, e-mail address) in chat and bulletin board areas,
such information may be collected by a third party resulting in unsolicited
messages from third parties. Such interaction is beyond the control and
liability of Discovery Of India - Bharat Ek Khoj. |
| |
| " The copyright, know how or any other related intellectual property to
the Service or Discovery Of India - Bharat Ek Khoj shall be the sole and exclusive property of
the Company. In the event the User has contributed any content to
Discovery Of India - Bharat Ek Khoj
in any manner whatsoever, the intellectual property of the same shall stand
automatically assigned to the Company and the User shall have no right or
claim over the same. In the event the User during the term of his agreement
or any time thereafter, uses such intellectual property in any other website
or related activity, the same can be construed to be an infringement of
the intellectual property belonging to the Company and the Company shall
have the right to legal recourse in this regard. |
| |
|
Variation
|
| " The Company reserves the right to amend the terms and conditions contained
herein and in the Services Guide at any time upon notice (in such form as
may be determined by the Company) to the User. |
| |
| " The Terms and Conditions of this agreement will be updated from time
to time and posted at Discovery Of India - Bharat Ek Khoj. The User should visit the site periodically
to review the Terms and Conditions. For the avoidance of doubt, the User's
continued use of the Service constitutes an affirmation and acknowledgement
of the amended terms and conditions. |
| |
|
Modification to Service
|
| " The Company reserves the right to modify or discontinue the Service
with or without notice to the User. Save for paid service, a pro-rated refund
shall be effected for the remaining unused period. |
| |
| " The Company shall not be liable to the User or any third party should
the Company exercise its right to modify or discontinue the Service. |
| |
|
Governing Law and Jurisdiction
|
| " This Agreement and any dispute or matter arising from incidental use
Discovery Of India - Bharat Ek Khoj is governed by the laws of India and the User and the Company
hereby submit to the exclusive jurisdiction of the Indian courts. |
| |
| Discovery Of India - Bharat Ek Khoj |
| In a nutshell, the terms are very simple: |
| |
| -Don't Spam |
| - Respect our Trademarks and the Trademarks of others |
| - Don't hack or otherwise attempt to disrupt service |
| - Don't Spam |
| - Tell us immediately if you think our software has a bug |
| - You can cancel your membership at any time |
| - Don't Spam |
| - You pay nothing for your personal Maxref website |
| - We can cancel your membership at any time |
| - Don't Spam |
| - We don't guarantee the honesty or reliability of any third party |
| - We don't pay you to surf, we just give you a Free Website |
| - Don't Spam |
| - You will conduct yourself in a professional manner |
| - We will conduct Maxref in a professional manner |
| - And... in case you missed it... Don't Spam ! ! ! |
| |
| The Discovery Of India - Bharat Ek Khoj Web Site is owned and operated by
Discovery Of India - Bharat Ek Khoj. Your
access to Discovery Of India - Bharat Ek Khoj is subject to this Membership Agreement and any other
rules of use contained on this web site. |
| |
| The use of the terms "Partner" and "Partnership" are simply symbolic expressions,
and they neither imply, infer, nor convey any ownership, interest, rights,
or privileges or any other tangible or in tangible value to the Partner
by the Company. |
| |
| Your use of, and/or access to the Discovery Of India - Bharat Ek Khoj Web Site constitutes your
agreement to the terms and conditions stated herein. |
| |
|
Registration
|
| Registration for membership takes place on the Discovery Of India -
Bharat Ek Khoj web site. |
| |
| You will be asked to select a unique, inoffensive Username when you sign
up. This Username will be used by you to login to your site. It will also
be used in your personal site URL. Once selected, this Username cannot be
changed. |
| |
| You will also be asked to select a unique, inoffensive Sponsor Name which
will be used to identify you to visitors to your website. |
| |
| In addition, we require you to choose a password. |
| |
| You agree to enter only YOUR own email address in our Registration form.
Entering someone else's email address so that they receive an unsolicited
membership with us will be interpreted as SPAM and your membership will
be terminated. |
| |
| Information collected will be used in accordance with the Discovery Of
India - Bharat Ek Khoj
Privacy Policy as stated on the signup page. |
| |
| Discovery Of India - Bharat Ek Khoj is not liable for any loss or damage caused by any disclosure
of your password or account. |
| |
| Because of age restrictions by most of our affiliate partners, members
must be of at least the age of Majority in your respective Country. |
| |
|
Editing Your Information
|
|
You may, at any time, Edit Your Profile/change your personal information
by logging to the Member's Area if that access is provided to you otherwise
you can get your information edited by contact our development team at
support@discoveryofindia.com.
It is your responsibility to keep your email address and other details
current and up to date.
|
| |
|
Use of Your Email Address
|
|
When you provide Discovery Of India - Bharat Ek Khoj your email address
upon registration or by joining any mail list or otherwise, you agree
to receive email notification and other messages at that address from
Discovery Of India - Bharat Ek Khoj and Discovery Of India - Bharat Ek
Khoj members including, without limitation, advertisements, information
about recommended affiliation program announcements, general, status and
update Discovery Of India - Bharat Ek Khoj communications, and Discovery
Of India - Bharat Ek Khoj marketing information from Discovery Of India
- Bharat Ek Khoj and its other members.
|
| |
|
You can however select not to received the emails if that facility is
provided online otherwise contacting Discovery of India - Bharat Ek Khoj
team at support@discoveryofindia.com.
|
| |
|
Retention of Member Information
|
|
You agree that Discovery Of India - Bharat Ek Khoj may retain your personal
information for the duration of your membership with Discovery Of India
- Bharat Ek Khoj. Upon your termination or removal from Discovery Of India
- Bharat Ek Khoj, Discovery Of India - Bharat Ek Khoj may retain your
personal information for an unspecified period time thereafter to facilitate
adjustments to its portal and other members you were linked in any manner.
|
| |
|
Emails
|
|
You agrees to receive emails that contain either information about Discovery
Of India - Bharat Ek Khoj or advertisements. Receiving these emails is
a condition of your Membership.
|
| |
|
Member Conduct
|
| With respect to the use of any and all Discovery Of India - Bharat Ek
Khoj member(s) and/or resources,
you agree NOT to (without specific Discovery Of India - Bharat Ek Khoj authorization): |
| |
| conduct surveys, contests, pyramid schemes, chain letters, junk email,
spamming or any duplicative or unsolicited messages (commercial or otherwise). |
| |
| Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity). |
| |
| Publish, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or information. |
| |
| Advertise or offer to sell or buy any goods or services for any non-personal
purpose. |
| |
| Harvest or otherwise collect information about others, including email
addresses, without their consent. |
| |
| Create a false identity for the purpose of misleading others as to the
identity of the sender or the origin of a message or offer of help or advice. |
| |
| Transmit or upload any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful or deleterious programs. |
| |
| Transmit or upload any material that contains software or other material
protected by intellectual property laws, rights of privacy or publicity
or any other applicable law unless you own or control the rights thereto
or have received all necessary consents. |
| |
| Interfere with or disrupt networks connected to Discovery Of India -
Bharat Ek Khoj or violate
the regulations, policies or procedures of such networks. |
| |
| Attempt to gain unauthorized access to the Discovery Of India - Bharat
Ek Khoj, other accounts,
computer systems or networks connected to the Discovery Of India - Bharat
Ek Khoj or its Service
Provider, through password mining or any other means whatsoever. |
| |
| Violate any applicable laws or regulations including, without limitation,
laws regarding the transmission of technical data or software exported from
the United States through the service. |
| |
| Interfere with another member's use and enjoyment of the Discovery Of
India - Bharat Ek Khoj. |
| |
| As a member in Discovery Of India - Bharat Ek Khoj, you agree not to spam or solicit
Discovery Of India - Bharat Ek Khoj
members (upline, downline or crossline) with ads or information about non-Discovery
Of India - Bharat Ek Khoj
related marketing. |
| |
| You agree not to use incentive advertising. This is offering substantial
rewards to people for joining Discovery Of India - Bharat Ek Khoj. The determination of what is
substantial is at the sole discretion of Discovery Of India - Bharat Ek
Khoj. If you feel you may
be in violation of this policy, please contact
webmaster@Discovery Of India - Bharat Ek Khoj. |
| |
| Termination Provisions |
| You are able to terminate your Discovery Of India - Bharat Ek Khoj membership at anytime. |
| |
| Upon termination, should you ever chose to re-affiliate with Discovery
Of India - Bharat Ek Khoj,
you will not be able to re-enter Discovery Of India - Bharat Ek Khoj at the same position in the
Discovery Of India - Bharat Ek Khoj organization that you held at time of termination. |
| |
| Discovery Of India - Bharat Ek Khoj reserves the right to terminate your membership and pursue
damages to the full extent allowed by law if: |
| |
| " A member violates the Discovery Of India - Bharat Ek Khoj Membership Agreement stated herein
and/or any of the Discovery Of India - Bharat Ek Khoj program policies. |
| " A member misrepresents their membership by submitting incorrect required
information. |
| " A member chooses a distasteful or offensive member ID. |
| " A member acts against the business interests or reputation of
Discovery Of India - Bharat Ek Khoj.
|
| " If a member is discovered to be manipulating or otherwise interfering
in another Discovery Of India - Bharat Ek Khoj member's downline. |
| As a Discovery Of India - Bharat Ek Khoj member, you understand that you are NEVER to direct
a communication to any of our volunteer staff that is anything other than
civil and respectful. Our staff members VOLUNTEER most of their day to help
you. You make their task easier and more pleasant when you communicate coherently
and with respect, providing all pertinent details along with your Login. |
| Discovery Of India - Bharat Ek Khoj has sole discretion in any and all matters of termination
and reserves the right to immediately and irrevocably terminate any member
without cause. |
| |
| Discovery Of India - Bharat Ek Khoj will immediately terminate any member who violates this STRICT
policy of Member Conduct and Termination Provisions. |
| |
| Upon termination for violations of any of the provisions herein, you will
NOT be paid ANY monies earned for that pay period nor any future earnings.
Your membership in Discovery Of India - Bharat Ek Khoj immediately becomes void, with no refund
of fees. |
| |
| Countries At War |
| Discovery Of India - Bharat Ek Khoj is an INTERNATIONAL internet business promotion opportunity. It was
intended to be INTERNATIONAL in scope from its inception. |
| |
| According to various news sources, there are at least 120 countries in
a "state of war" at any given time. |
| |
| It is important to understand that when a country is in a state of war,
a different set of laws are invoked by the governments of the warring countries.
These laws do extend to the citizens of those engaged countries. |
| |
| A country at war will impose legal restrictions prohibiting the citizens
or businesses under its jurisdiction from doing business and other forms
of intercourse with the country with which it is at war. |
| |
| In light of the foregoing, and given the INTERNATIONAL scope of
Discovery Of India - Bharat Ek Khoj,
it is inevitable that a Discovery Of India - Bharat Ek Khoj recommended affiliate program will
be located in a country that is at war with "your country" and be "legally"
restricted from extending its offer to anyone in "your" country. |
| |
| As a Discovery Of India - Bharat Ek Khoj member, you understand that when this situation occurs,
it is Discovery Of India - Bharat Ek Khoj policy that you decline that particular program and allow
it to progress on through your Discovery Of India - Bharat Ek Khoj downline. |
| |
| Further, as a Discovery Of India - Bharat Ek Khoj member, you understand that this is to be done
without posting comments to the public forums and/or the volunteer
Discovery Of India - Bharat Ek Khoj
staff (who are, by the way, also INTERNATIONAL). |
| |
|
Web site links
|
|
The Discovery Of India - Bharat Ek Khoj web site may contain links to
other companies and their web sites. Discovery Of India - Bharat Ek Khoj
is not responsible, for and makes no representations about, the privacy
policies of such companies or the content of their web site.
|
| |
|
Discovery Of India - Bharat Ek Khoj will exercise a "best effort" in
performing a due diligence prior to recommending association with other
companies. However, you agree that Discovery Of India - Bharat Ek Khoj
is not responsible for any relationship (damage or loss) you may have
with a third party related to our websites.
|
| |
| Policy Regarding SPAM |
| Discovery Of India - Bharat Ek Khoj does not tolerate the use of UCE (unsolicited commercial
email) and spam. |
| |
| Discovery Of India - Bharat Ek Khoj will immediately terminate any account which it believes,
in its sole discretion, is transmitting or is otherwise connected with any
SPAM or other unsolicited bulk e-mails and postings. |
| |
| In addition, once reported, the spammer will NOT be paid ANY monies earned
for that pay period nor any future earnings. Your membership in Discovery
Of India - Bharat Ek Khoj
immediately becomes void, with no refund of fees. |
| |
| Discovery Of India - Bharat Ek Khoj will also pursue severe legal action against members who
are involved in SPAM that tampers with the integrity of its business. These
actions start with asking local Internet service providers to deny future
service to user, and continue by contacting user's employer and/or university,
local law-enforcement authorities or the US Federal Bureau of Investigation
for further severe legal sanctions. |
| |
| SPAM includes, but is not limited to, unsolicited emails and/or postings
in discussion groups, bulletin boards, and other public domain groups. SPAM
messages are generally prohibited by most network providers and certain
jurisdictions and those users employing them may be subject to fines and/or
imprisonment. Discovery Of India - Bharat Ek Khoj does not allow its members to utilize SPAM messages.
The company will automatically terminate all spamming accounts. |
| |
| This NO SPAM policy extends to both the marketing of the Discovery Of
India - Bharat Ek Khoj
website as well as to the Discovery Of India - Bharat Ek Khoj membership in general. |
| |
| In other words, you are not to promote programs that have NOT been recommended
by Discovery Of India - Bharat Ek Khoj to other Discovery Of India -
Bharat Ek Khoj members. Nor are you to promote those
programs that have been recommended by Discovery Of India - Bharat Ek Khoj to
Discovery Of India - Bharat Ek Khoj members
who are not in your Discovery Of India - Bharat Ek Khoj downline. You will not email, snail mail
or contact ANY person listed in your downline for any reason whatsoever
other than for the sole purpose of promoting the Discovery Of India -
Bharat Ek Khoj opportunity
and related support in a POSITIVE and encouraging manner. |
| |
| Violation of this policy is subject to immediate membership termination
and rollup of the downline as herein stated. |
| |
| To report SPAM and other abuse of this policy, send an email to: |
| abuse@discoveryofindia.com |
| |
| |
| |
| |
| Compliance of Policy |
| You agree to abide by all Discovery Of India - Bharat Ek Khoj policies. You also agree to abide
by all applicable local, state, province, country or regional legal restrictions
that may be applicable to your membership with the Discovery Of India -
Bharat Ek Khoj program.
It is your responsibility to understand these laws and how their affect
on your membership with Discovery Of India - Bharat Ek Khoj. |
| |
| It is also your responsibility to file and make all payments relating
to your income and the taxes due to your governmental authorities. |
| |
| Discovery Of India - Bharat Ek Khoj reserves the right to change this or any policy at any time
without notification. Continued membership in our program indicates your
consent to the revised Membership Agreement. If you do not agree with the
changes, amendments or updates, you may log into Discovery Of India -
Bharat Ek Khoj member's area
and delete your membership. |
| |
| Limitation of Liability |
| Discovery Of India - Bharat Ek Khoj and its members will not be liable for any delay or failure
in its performance under this membership agreement for causes beyond our
control. Such causes include, but are not limited to: Computer hacking,
system failures Internet failure, acts of war, strikes, labor disputes,
acts of nature, etc. |
| |
| You agree and understand that in no event will officers or directors of
Discovery Of India - Bharat Ek Khoj be liable for any direct, or indirect, punitive, incidental,
special consequential and/or exemplary damages arising out of or in any
way connected with the use of this web site or with the inability to use
this web site. |
| |
| Exclusions and Limitations |
| Some jurisdictions do not allow the exclusion or certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitation may not apply to you. |
| |
| Indemnity |
| You agree to indemnify and hold harmless of Discovery Of India - Bharat
Ek Khoj and its affiliates,
officers, agents, or other partners, and employees from any third party
claim or demand, including attorneys fees, due or relating to your use of
this web site, your violation of this Membership Agreement, or content you
submit to or post on the Discovery Of India - Bharat Ek Khoj web site. |
| |
| General Information |
| Discovery Of India - Bharat Ek Khoj offers message boards, forums and other public communications
processes and resources as part of your Discovery Of India - Bharat Ek
Khoj membership. |
| |
| By publishing materials to any Forum or public communication system on
the Discovery Of India - Bharat Ek Khoj web site you automatically grant us the right and license
to use, copy, and distribute such materials royalty-free. If you choose
to disclose any personal information on the bulletin boards, you do so at
your own risk. |
| |
| The contents of this site are either Trademarked, or Copyrighted. Reproduction
of any part of our site in ANY way, without our express permission, is illegal. |
| |
| All members automatically share in 20% of our advertising. Once a visitor
arrives at Discovery Of India - Bharat Ek Khoj from any of our advertising sources, they are sequentially
redirected to one of our Member's sites. 20% of the time they will be redirected
to any member's site, regardless of the member's membership status. The
rest of the time they are redirected to our Premier Members' sites. |
| |
| This Membership Agreement constitutes the entire agreement between you
and Discovery Of India - Bharat Ek Khoj and shall govern your use of this web site. This Membership
Agreement shall supercede any prior agreements between you and Discovery
Of India - Bharat Ek Khoj.
You may also be subject to additional terms and conditions that may apply
when you use third party services or content. |
| |
| If any provision of this Membership Agreement are found to be invalid,
the parties agree that the court should endeavor to give effect to the parties'
intentions and that the remainder of the Membership Agreement will remain
in full force and effect. |
| |
| You agree to comply with the laws of the state of Nevada that apply to
your membership and the commissions you may receive. If the law of your
country, state, or province of residence prohibits or limits your participation
as a member, then you are responsible for complying with such laws and you
agree to indemnify Discovery Of India - Bharat Ek Khoj against any breach by you. |
| |
| Your Discovery Of India - Bharat Ek Khoj membership and the benefits you receive as a
Discovery Of India - Bharat Ek Khoj
member may be transferred to your heirs upon written notice to, and authorization
from, Discovery Of India - Bharat Ek Khoj. |
| |
| If you have any questions concerning your membership and/or the Membership
Agreement, feel free to email us at support@discoveryofindia.com
|
| |
|
|
| <<If
you could not find the information you were looking for please do let us
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