The Ramadan Greetings Web Site (the “Site”) is an online information
service provided by Ramadan Greetings (“Ramadan Greetings “), subject to
your compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Ramadan
Greetings MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
Ramadan Greetings, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to Ramadan Greetings a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Ramadan Greetings by all
means and in any media now known or hereafter developed. You also grant
to Ramadan Greetings the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against Ramadan Greetings for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to Ramadan Greetings.
TRADEMARKS
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of Ramadan Greetings. Other product
and company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You
understand that, except for information, products or services clearly
identified as being supplied by Ramadan Greetings, Ramadan Greetingsdoes
not operate, control or endorse any information, products or services
on the Internet in any way. Except for Ramadan Greetings- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with Ramadan Greetings
a. You also understand that Ramadan Greetings cannot and does not
guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Ramadan Greetings PROVIDES THE SITE AND RELATED INFORMATION
“AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND Ramadan Greetings SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY. Ramadan Greetings DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Ramadan
Greetings HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN
NO EVENT WILL Ramadan Greetings BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Ramadan Greetings OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, Ramadan Greetings LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.Ramadan Greetings makes
no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a
non-Ramadan Greetings web site, please understand that it is
independent from Ramadan Greetings, and that Ramadan Greetings has no
control over the content on that web site. In addition, a link to a
Ramadan Greetings web site does not mean that Ramadan Greetings endorses
or accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You
agree to indemnify, defend and hold harmless Ramadan Greetings, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Ramadan Greetings and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This
Agreement may be terminated by either party without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the
laws of India applicable to agreements made and to be performed in
India. You agree that any legal action or proceeding between Ramadan
Greetings and you for any purpose concerning this Agreement or the
parties’ obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in India . Any cause
of action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. Ramadan Greetings’s failure
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. Ramadan Greetings
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly granted herein are reserved.
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