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This is a legal and binding agreement between you and Terry
Exports, a Indian Firm which owns and operates the www.b2bLounge.com web
site. Please read this entire agreement carefully before accepting its terms.
“www.b2bLounge.com ” is an interactive on-line service
operated by Terry Exports on the World Wide Web of the Internet, consisting of
information services and content provided by Terry Exports, members of this
site and other third parties. "Subscriber" means a person who
establishes or accesses a connection ("Account") for access to and
use of www.b2bLounge.com.
(A) This Agreement sets hereforth the terms and conditions that
apply to use of www.b2bLounge.com by Subscriber. By using
www.b2bLounge.com (other than to read this Agreement), Subscriber agrees
to comply with all of the terms and conditions hereof. The right to use
www.b2bLounge.com is personal to Subscriber and is not transferable to
any other person or entity. Subscriber is responsible for all use of
Subscriber's Account (under any login name or password) and for ensuring that
all use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the confidentiality
of Subscriber's password(s), if any.
(B) Terry Exports shall have the right at any time to change or
discontinue any aspect or feature of this portal, including, but not limited
to, content, hours of availability, and equipment needed for access or use.
Terry Exports shall have the right at any time to change or modify
the terms and conditions applicable to Subscriber's use of
www.b2bLounge.com, or any part thereof, or to impose new conditions.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on www.b2bLounge.com, or by electronic or
conventional mail, or by any other means by which Subscriber obtains notice
thereof. Any use of www.b2bLounge.com by Subscriber after such notice
shall be deemed to constitute acceptance by Subscriber of such changes,
modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and use
of www.b2bLounge.com and all charges related thereto.
(A) Subscriber shall use www.b2bLounge.com for lawful
purposes only. Subscriber shall not post or transmit through
www.b2bLounge.com any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law. Any conduct
by a Subscriber that in Terry Exports's discretion restricts or inhibits any
other Subscriber from using or enjoying www.b2bLounge.com will not be
permitted. Subscriber shall not use www.b2bLounge.com to solicit other
users to become subscribers of other on-line information services competitive
with www.b2bLounge.com.
(B) www.b2bLounge.com contains copyrighted material,
trademarks and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the entire contents
of www.b2bLounge.com are copyrighted as a collective work under the
Indian copyright laws. Terry Exports owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Subscriber may download
copyrighted material for Subscriber's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of Terry Exports and the
copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. Subscriber
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
(C) Subscriber shall not upload, post
or otherwise make available on www.b2bLounge.com any material protected
by copyright, trademark or other proprietary right without the express
permission of the owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material to any public
area of www.b2bLounge.com, Subscriber automatically grants, or warrants
that the owner of such material has expressly granted Terry Exports the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. Subscriber also permits any other Subscriber
to access, view, store or reproduce the material for that Subscriber's personal
use. Subscriber hereby grants Terry Exports the right to edit, copy, publish
and distribute any material made available on www.b2bLounge.com by
Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of
Terry Exports, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF www.b2bLounge.com
IS AT SUBSCRIBER'S SOLE RISK. NEITHER TERRY EXPORTS, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT WWW.b2bLounge.COM WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF WWW.b2bLounge.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
WWW.b2bLounge.COM.
(B) WWW.b2bLounge.COM IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT
RITEAIR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY AND DAMAGES FROM THE
FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL TERRY EXPORTS, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.b2bLounge.COM OR THE
WWW.b2bLounge.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
WWW.b2bLounge.COM SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON WWW.b2bLounge.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, RITEAIR, NOR
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN WWW.b2bLounge.COM, OR FOR ANY DELAY OR INTERRUPTION IN
THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE
FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. TERRY EXPORTS, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR PROCUREMENT OR SALES DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER,
TERRY EXPORTS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
Terry Exports shall have the right, but not the obligation, to
monitor the content of Fuzing.com, including listings and forums, to determine
compliance with this Agreement and any operating rules established by Terry
Exports and to satisfy any law, regulation or authorized government request.
Terry Exports shall have the right in its sole discretion to edit, refuse to
post or remove any material submitted to or posted on www.b2bLounge.com.
Without limiting the foregoing, Terry Exports shall have the right to remove
any material that Terry Exports, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Terry
Exports, its affiliates and their respective directors, partners, proprietors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of www.b2bLounge.com
by Subscriber or Subscriber's Account.
Either Terry Exports or Subscriber may terminate this Agreement at
any time. Without limiting the foregoing, Terry Exports shall have the right to
immediately terminate Subscriber's Account in the event of any conduct by
Subscriber which Terry Exports, in its sole discretion, considers to be
unacceptable, or in the event of any breach by Subscriber of this Agreement.
The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall
survive termination of this Agreement.
All trademarks appearing on www.b2bLounge.com are the
property of their respective owners.
Terry Exports is a distributor of content supplied by third
parties and Subscribers. Accordingly, Terry Exports has no more editorial
control over such content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information
providers, Subscribers or any other user of Fuzing.com, are those of the
respective author(s) or distributor(s) and not of Terry Exports. Neither Terry
Exports nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through
www.b2bLounge.com represents the opinions and judgments of the
respective information provider, Subscriber, or other user not under contract
with Terry Exports. Terry Exports neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on
www.b2bLounge.com by anyone other than authorized Terry Exports employee
spokespersons while acting in their official capacities. Under no circumstances
will Terry Exports be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through Fuzing.com. It is the responsibility
of Subscriber to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through
www.b2bLounge.com. Please seek the advice of professionals, and perform
additional due diligence, as appropriate, regarding the evaluation of any
specific information, opinion, advice or other content.
This Agreement and any operating rules for
www.b2bLounge.com established by Terry Exports constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in accordance
with the Indian laws at Chandigarh, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be given
any legal import.
Terry Exports respects the rights of
all copyright holders and in this regard, Terry Exports has adopted and
implemented a policy that provides for the termination in appropriate
circumstances of subscribers and account holders who infringe the rights of
copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Terry Exports with the
following information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
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A
physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
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Identification
of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
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Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material;
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Information
reasonably sufficient to permit us to contact the complaining party;
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A
statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
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A
statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
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