Thank you for joining and using the IndusLadies.com website (the “Site”). By using the Site you acknowledge you have read and agree to be bound by the Terms and Conditions of Use (collectively, the “Terms”) contained in this document.
1. Acceptance of Terms
IndusLadies.com strives to be a friendly and helpful community for Indian Women. We provide a collection of online services via the Internet including forums, groups, blogs, classified ads, ratings and reviews, contests, community activities, email services, information services, and content (collectively, the “Services”).
This Agreement sets forth the Terms that apply to the use of the Site and Services. You agree to comply with all of the Terms contained in this Agreement and any other documentation provided on the Site. The right to use this Site and Services is personal and exclusive to you and is not transferable to any other person or entity. You understand and acknowledge that due to circumstances both within and outside of the control of IndusLadies, access to the Site and Services may be interrupted, suspended or terminated from time to time.
If you don’t agree to these Terms, any guidelines, or any subsequent modifications or become dissatisfied with IndusLadies in any way, your only recourse is to immediately stop use of the Site and Services. IndusLadies has the right, but is not obligated, to strictly enforce these Terms and Conditions of Use through self-help, community moderation, or any other legal remedy as necessary.
3. Intellectual Property
The IndusLadies name, logo, design, copy, graphics and other information located on or in the Site is the exclusive intellectual property of Indisource Technologies Inc. or is used with express permission of the copyright and/or trademark owner. You may not transmit, copy, post, link, distribute or modify the Site, including, but not limited to pop-over, or pop-under advertisements or redirects without the express written permission of IndusLadies. Any violation of this policy may subject you to civil and/or criminal penalties.
Except as otherwise noted, any and all material on the Site is protected by copyright as a collective work under the copyright laws of the United States.
IndusLadies trademarks used on the Site or used on any website otherwise owned or operated in conjunction with IndusLadies are the exclusive property of IndusLadies.
By submitting material to any area of this Site, you warrant that you are the owner of such material and under no obligation, contractual or otherwise which would prevent you from granting IndusLadies a license to use the material.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify IndusLadies’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at email@example.com.
Please provide IndusLadies with the following Notice:
a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website (such as the URL);
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, such as fair use;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
IndusLadies will remove the infringing posting(s), subject to the procedures of the Digital Millennium Copyright Act (DMCA).
5. User Responsibilities and Conduct
All activity by you on the Site must be for lawful purposes only. Any post, e-mail or transmission through this Site, of any material which violates or infringes in any way upon the rights of others, or any material 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, or which, without IndusLadies’s express prior, written approval, contains advertising or any solicitation with respect to products or services, will be deemed a violation of this Agreement.
You shall not conduct yourself in such a way as to restrict or inhibit any other user from using or enjoying the Site. Such conduct includes, but is not limited to, political, religious, commercial, or non-commercial solicitation. Any solicitation of Users of the Site to use other services directly or indirectly competitive or potentially competitive with IndusLadies, including but not limited to hyperlinks and comments, is strictly prohibited.
You additionally agree not to contact any User of the site who has requested not to be contacted; collect any user information for any unlawful purpose; stalk or otherwise harass anyone via the Site. You also agree not to use any automated means, including spiders, robots, crawlers or other data mining tools to download data from the Site or create automated content for the Site.
6. Disclaimer of Warranty; Limitation of Liability.
USE OF THIS SITE AND ANY OTHER SITES ACCESSED VIA THE SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY PROVIDED BY INDUSLADIES, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS SITE AND IS MADE ACCESSIBLE 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 APPLICABLE LAW.
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. YOU SPECIFICALLY ACKNOWLEDGE THAT INDUSLADIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL INDUSLADIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR ITS CONTENTS, INCLUDING ANY 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 THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER INDUSLADIES, 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 THIS SITE, OR ITS TRANSMISSION TO YOU OR FOR ANY CLAIMS OR LOSSES YOUR INABILITY TO ACCESS THE SITE. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
INDUSLADIES IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY INDUSLADIES. MOREOVER, INDUSLADIES RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURSIDICTONS, SOME OF THE FOREGING LIMITATIONS MAY NOT APPLY TO YOU.
7. User Content, Monitoring Rights, and Termination
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted, e-mailed, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Site.
IndusLadies does not control, and is not responsible for content made available through the Site or Service, and by using the Site or Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and content available through the Service may contain links to other websites, which are completely independent of IndusLadies. IndusLadies makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will IndusLadies be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service.
You acknowledge that IndusLadies does not pre-screen or approve Content, but that IndusLadies may remove any content, information, member accounts, block email addresses, block IP addresses, or change or delete some or all of the content at any time at its discretion. IndusLadies has the right, but not the obligation, to monitor the content of the Site at all times, including your content, to ensure compliance with the Terms, as well as to satisfy any applicable law, regulation or authorized government request.
IndusLadies may terminate this Agreement at any time at its sole discretion. IndusLadies shall not be liable to you or any third-party for any termination of access to the Service.
9. Grant of License
By posting information or communicating on or through the Site, you have hereby granted to IndusLadies a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display and content, including, but not limited to forum posts, comments, reviews, photos, video, etc., alone or as part of other works in any form, media, or technology now known or hereafter developed, and to sublicense such rights through any amount of sublicensees.
You also permit any other Users to access, view, store, or reproduce the material for that User’s personal use on the Site.
IndusLadies grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by IndusLadies. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Use of the Service beyond the scope of authorized access granted to you by IndusLadies immediately terminates your permission or license.
You agree to indemnify and hold IndusLadies, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, including features such as “Ask an Expert” and “Meetups,” your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. Third Party Content
The Site may include the distribution of information supplied by, and hyperlinks to, third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributors and not of IndusLadies. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through IndusLadies. Under no circumstances will IndusLadies be liable for any loss or damage caused by your reliance on information obtained through IndusLadies. You access linked third party sites at your own risk.
The Site may, from time-to-time offer promotional product giveaways or sweepstakes to encourage participation in the community and promote the Site. No purchase is required to enter any product give-away or sweepstakes. The site reserves the right to award either the stated product prize or the equivalent cash value. All giveaways and sweepstakes are limited to one entry per account and all winners are chosen strictly at random. Please see the additional terms and conditions which accompany each product give-away or sweepstakes for further details.
13. Ask an Expert
The Site offers a forum feature called, “Ask an Expert” which is intended for entertainment purposes only. Although the Site makes every effort to find qualified experts in their field, the Site does not independently verify any advice offered and users are advised that should they choose to follow the advice of any featured experts, they do so entirely at their own risk.
The Site Meetup feature is designed to facilitate user interaction and community building outside the forums of the Site. When utilizing the feature, the Site encourages users to apply common sense for your own safety. The Site does not authenticate or provide background checks in any fashion for users of the Site. When arranging Meetups, please do so only in well-populated, public places and always let someone know where you are going and how long you intend to stay. Meetups are arranged by users, for users, and the Site plays no role in Meetups other than providing the forums for users to interact and facilitate Meetups of their own accord. Should you choose to participate in a Meetup arranged via the site, you understand that you do so at your own risk.
15. No SPAM Policy
You understand and agree that sending unsolicited email advertisements to IndusLadies email addresses or through IndusLadies computer systems, is expressly prohibited by these Terms. Any unauthorized use of IndusLadies computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C.A§ 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
16. Limitations on Service
You acknowledge that IndusLadies may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that IndusLadies has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that IndusLadies reserves the right at any time to modify or discontinue the Site or Service (or any part thereof) with or without notice, and that IndusLadies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. Violation of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to: support@IndusLadies.com.
IndusLadies’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for IndusLadies to pursue legal action to enforce these Terms, you will be liable to pay IndusLadies the following amounts as liquidated damages, which you accept as reasonable estimates of IndusLadies’s damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay IndusLadies $1,000.00 for each such message. This provision does not apply to content that constitutes lawful non-deceptive parody of public figures.
b. If IndusLadies establishes limits on the frequency with which you may access the Site or Service, or terminates your access to or use of the Site or Service, you agree to pay IndusLadies $100.00 for each message posted in excess of such limits or for each day on which you access IndusLadies in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to IndusLadies email addresses or through IndusLadies computer systems, you agree to pay IndusLadies twenty five dollars ($25) for each such email.
d. If you post content in violation of these Terms, other than as described above, you agree to pay IndusLadies $100.00 for each item of content posted. In its sole discretion, IndusLadies may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content (except for your own content) in violation of these Terms without IndusLadies’s express written permission, you agree to pay IndusLadies $3,000.00 for each day on which you engage in such conduct.
Otherwise, you agree to pay IndusLadies’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, IndusLadies retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
These Terms constitute the entire agreement between you and IndusLadies and govern your use of the Site and Service, superseding any prior agreements between you and IndusLadies.
No waiver by IndusLadies of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings of the Terms used herein are for convenience only and shall be of no legal force or effect.
If any provision of the Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions and the remaining portions of the Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under the Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
This Agreement and any legal issues arising out of, but not exclusive to the use of this Site or other sites accessed via this Site are governed by and in accordance with the laws of the State of Texas without regard to its conflict of law provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By using the Site or Service, you agree that any dispute or claim arising out of or in connection shall be subject to the jurisdiction of the courts of the State of Texas or the Federal District Court, Western District of Texas.