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IndiaRover Terms of Service

By using IndiaRover.com which is owned and operated by IndiaRover Inc. ("IndiaRover") and by accessing http://www.indiarover.com, and all linked pages owned and operated by IndiaRover, you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").

IndiaRover's on-line services which are available at the http://www.indiarover.com will, among other things, help you find businesses/services you are looking for by allowing you to get reviews from other IndiaRover users, post and share these reviews with IndiaRover users, and view third party postings/reviews regarding similar businesses/services. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the IndiaRover website. Please read these Terms of Service carefully. Your access to or use of the IndiaRover website constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the IndiaRover website.

Eligibility.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of IndiaRover or use the IndiaRover website. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the IndiaRover website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the IndiaRover website is void where prohibited by applicable law, and the right to access the IndiaRover Site is revoked in such jurisdictions. By using the IndiaRover Site and/or IndiaRover website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

Changes to the Agreement or the IndiaRover website.

You agree and understand that these Terms of Service, the IndiaRover website may be modified by IndiaRover Inc at any time without prior notice, and such modifications will be effective upon IndiaRover's posting of the new terms and/or upon implementation of the new changes on the IndiaRover Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the IndiaRover website after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by IndiaRover, any new features, new services, enhancements or modifications to the IndiaRover website implemented after your initial access to the website shall be subject to these Terms of Service.

Registration and Security.

In order to use or access some restricted part of the IndiaRover website, you may be required to register with IndiaRover and to select a password and user name, which shall consist of an email address you own and use ("IndiaRover ID"). If you register, you agree to provide IndiaRover with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. IndiaRover reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the IndiaRover website shall be for your personal use only. You agree to (a) immediately notify IndiaRover of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.

Use of the Site by Members.

Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the IndiaRover Site to solicit reviews from, and share reviews with other IndiaRover users; search the IndiaRover database for reviews and business contact information; forward reviews to people you know, whether or not they are existing IndiaRover users; invite people you know to join IndiaRover; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the IndiaRover website ("Content"), and other items displayed on the IndiaRover Site, for your own use. You may not copy or distribute any portion of the IndiaRover website for any purpose not authorized above without the express written permission of IndiaRover. IndiaRover does not control the Content posted by third parties via the IndiaRover website, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the IndiaRover website you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IndiaRover be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the IndiaRover website. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

Restrictions on Rights to Use.

  • You agree that you shall not modify, adapt, translate, or reverse engineer any portion of the IndiaRover website;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the IndiaRover website or in or on any Content or other material obtained via the IndiaRover website;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the IndiaRover website;
  • access, retrieve or index any portion of the IndiaRover website for purposes of constructing or populating a searchable database of business reviews;
  • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other IndiaRover users or members;
  • reformat or frame any portion of the web pages that are part of the IndiaRover website;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of the IndiaRover website or otherwise interfere with other user's or member's enjoyment of the IndiaRover website;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use of the IndiaRover website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any Content offered on the IndiaRover Site for other than your own use;
  • use any device, software or routine that interferes with the proper working of the IndiaRover website, or otherwise attempt to interfere with the proper working of the IndiaRover website;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use any Content marked as obtained from or belonging to Acxiom except in compliance with the additional terms specified below;
  • use the IndiaRover website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Content Posted By You on the IndiaRover Site.

You are solely responsible for any Content and other material that you submit, publish or display on the IndiaRover Site or transmit to other members and/or other website users (hereinafter, "Posted Content"). You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party. You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by IndiaRover. You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity. You understand and agree that IndiaRover may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) or other Posted Content that in the sole judgment of IndiaRover violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the IndiaRover Site and/or other website users. You are solely responsible for your ratings and reviews of businesses listed on IndiaRover. IndiaRover reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information. By posting Posted Content on the IndiaRover Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, IndiaRover, its contractors, and the users of the IndiaRover Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that IndiaRover shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other IndiaRover users for purposes of constructing or populating a searchable database of business reviews. The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the IndiaRover Site. IndiaRover reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the IndiaRover website and terminating the membership of such violators or blocking your use of the IndiaRover website. You may not post Content that:

  • is false or intentionally misleading;
  • is patently offensive to users of the IndiaRover Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of unsolicited mass mailing or "spamming";
  • violates the intellectual property or other rights of any person;
  • promotes illegal activities or conduct that is abusive;
  • is threatening, obscene, defamatory or libelous;
  • is pornographic or sexually explicit in nature; and
  • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Copyright Policy.

It is IndiaRover's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.

Ownership.

The IndiaRover website (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and India. All individual articles, Content and other elements comprising the IndiaRover website are also copyrighted works. Except for the Content submitted by members or users, the IndiaRover website and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by IndiaRover or its licensors. You acknowledge that the IndiaRover website and any underlying technology or software used in connection with the IndiaRover website contain IndiaRover Inc proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the IndiaRover website in whole or in part except as expressly provided in IndiaRover Inc policies and procedures made available via the IndiaRover website. Except as expressly and unambiguously provided herein, IndiaRover and its suppliers do not grant you any express or implied rights, and all rights in the IndiaRover website not expressly granted by IndiaRover to you are retained by IndiaRover.

Disclaimer.

THE INDIAROVER SITE IS PROVIDED BY INDIAROVER ON AN "AS IS" BASIS. INDIAROVER AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE INDIAROVER SITE, INDIAROVER SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE INDIAROVER SITE OR IN ASSOCIATION WITH THE INDIAROVER SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INDIAROVER AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INDIAROVER AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE INDIAROVER SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDIAROVER IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE INDIAROVER SITE. IndiaRover does not warrant or covenant that the IndiaRover website will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the IndiaRover website is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the IndiaRover website is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM INDIAROVER, THE INDIAROVER SITE OR THROUGH OR FROM THE INDIAROVER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation on Liability.

IndiaRover shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IndiaRover's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, INDIAROVER AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INDIAROVER'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO INDIAROVER FOR THE INDIAROVER SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnity.

You agree to indemnify and hold IndiaRover, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the IndiaRover Site, (ii) your use of the IndiaRover website, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Content Providers.

With respect to any Content marked as Content obtained from or belonging to property owners (Business Users), the following applies:

This information is proprietary to the property owner (Business Users) and is licensed by IndiaRover Inc for exculsive use. This information is for your personal use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make modifications or transfer the information in whole or in part to any computer other than the PC used to access this information.

Miscellaneous.

If there is any dispute about or involving the IndiaRover website, by using the IndiaRover website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, county of Santa Clara. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind IndiaRover in any respect whatsoever. IndiaRover may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the IndiaRover website. These Terms of Service, accepted upon use of the IndiaRover Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and IndiaRover regarding the use of the IndiaRover Site and/or the IndiaRover website. The failure of IndiaRover to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with IndiaRover's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include IndiaRover's acceptable use policy for Content posted on the IndiaRover Site, IndiaRover's Privacy Policy, and any notices regarding the IndiaRover Site.

Contact and Violations.

Please contact us with any questions regarding these Terms of Service. Please contact us to report any violations of the Terms of Service.

IndiaRover is a proprietary service mark of IndiaRover Inc.

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