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| TERMS OF USE AND PRIVACY
STATEMENT: |
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Your access to and use of the Web Site and services provided
by ASIA RESCUE & MEDICAL SERVICES and its affiliates
(Company), and any third party licensors, including any
purchases of products and/or services sold via the Web Site,
is exclusively governed by these Terms of Use. BY ACCESSING
OR USING OUR WEB SITE, YOU ACCEPT AND AGREED TO BE BOUND BY
THESE TERMS OF USE AS THE COMPANY MAY MODIFY THEM FROM TIME
TO TIME. The data contained in our Web Site is for
informational purposes only and is not represented to be
error free. The Company attempts to ensure that the data
provided or otherwise displayed on our Web Site is accurate.
However, the Web Site and its contents are provided on an
"as is, as available" basis. Use of the Web Site
and its contents is at the user's sole risk. The Company
does not warrant that any functions of the Web Site will be
uninterrupted or error-free, that defects will be corrected,
or that the Web Site will be free from viruses or other
harmful components. Any links to information not associated
with the Company are provided as a courtesy and do not
constitute an endorsement by the Company or its licensors as
to any linked materials. If any provision of these Terms of
Use or any application thereof is held to be invalid or
unenforceable, that provision shall be deemed severable and
the remainder of the Terms of Use shall not be affected.
The Company may at any time make modifications, changes and
alterations to the data of our Web Site, including the Terms
of Use, without prior notice. You are responsible for
regularly reviewing these Terms of Use. Your continued use
of our Web Site following any modifications, changes or
alterations shall constitute your acceptance of such
modifications, changes or alterations.
| 3. Intellectual
Property Statement |
All content of our Web Site is the copyrighted material of
the Company or the appropriate contributor, and is protected
by trademark and other applicable laws. The Web Site
includes content, appearances and design, as well as
trademarks, product names, graphics, logos, slogans, colors
and designs that are the property of the Company or other
third parties. Except as set forth in the relevant license
agreements, nothing contained in our Web Site grants any
license or other right to any the Company's intellectual
property or any third party's intellectual property. The
appropriate party reserves complete title and interest to
its intellectual property on or associated with the Web
Site. You may not copy (other than a copy for personal use,
provided you do not remove any trademark, copyright or any
other notice contained in the content), modify, distribute,
alter, display, reproduce, transfer or republish any of the
data of our Web Site without obtaining the written
permission of the Company.
This Web Site are created and controlled by the Company in
the Kolkata, India. As such, the laws of the Kolkata will
govern these Terms of Use without giving effect to any
principles of conflicts of laws. The parties agree that a
condition of using this Web Site is that any and all claims
arising out of use of this Web Site will be tried in the
Kolkata law will apply. The Kolkata courts shall have
exclusive jurisdiction and venue, and you consent and submit
to the personal jurisdiction of such court over any claim,
suit, or proceeding arising out of these Terms of Use.
In accessing this Web Site you agree to receive a series of
ongoing communications regarding the Web Site, its products
and services.
With regard to user-generated exchanges of information, such
as the Fan Forum, and inclusion of content, any information
and any content that you upload, exchange, share, store,
send or otherwise make available through the Web Site
("User Content") is your responsibility and the
Company assumes no liability or responsibility for such user
generated information and content. This includes, but is not
limited to, chat, blogs, email, email addresses and other
personally identifying information, sms, text, photos,
video, audio and any other User Content that you may provide
or make available and accessible to other users of the Web
Site. As the user of the Web Site, you are hereby
acknowledging that the community oriented functionality of
the Web Site is inherently intended to provide users with
the opportunity to share and provide information that you
voluntarily provide and desire to make public and allow any
other user of the Web Site access to that information. You
further acknowledge that certain community features may
allow users to contact and otherwise communicate with you
directly. The Company does not make any representations or
guarantees of confidentiality or privacy and accepts no
responsibility for User Content and other information
provided by users of the Web Site, including those who
participate in user-generated exchanges of information. The
Company is not responsible for monitoring or policing this
exchange of information and it is your responsibility to
understand the nature of such communication mediums and use
your own judgment and consideration as to what information
you provide, exchange and otherwise make available. You are
using the Web Site with the express knowledge that you are
sharing information with known and unknown people and you
assume all risks, consequences, liability and responsibility
inherent with that exchange of information. In addition, the
Company does not control the User Content posted via the Web
Site and, as such, does not guarantee the accuracy,
integrity or quality of such User Content. You understand
that by using the Web Site, you may be exposed to User
Content that is offensive, indecent or objectionable. Under
no circumstances will the Company be liable in any way for
any User Content, including, but not limited to, for any
errors or omissions in any User Content, or for any loss or
damage of any kind incurred as a result of the use of any
User Content posted, emailed, transmitted or otherwise made
available via the Web Site.
The Company expressly states and you hereby acknowledge and
understand that the Company is not accepting any
responsibility for monitoring or policing the exchange of
User Content and other information included or otherwise
made available through the Web Site and that the Company
does not accept any liability or responsibility express or
implied involved with or resulting from the use of the Web
Site. However, as the provider of the Web Site, the Company
reserves the right to monitor, view, store, forward and use
any and all information and content provided by you through
the use of the service. Furthermore, the Company may use any
and all User Content and other information made available or
otherwise provided by you through the use of the Web Site in
various ways, including but not limited to, understand user
behavior and patterns, for internal discussion, make
decisions about advertising placement and sponsors,
improving the quality, functionality and user experience of
the Web Site and any related materials. The Company has the
right to unilaterally, and at its sole discretion, remove
any User Content. Furthermore, you acknowledge and agree to
comply with and strictly adhere to the member conduct
detailed in the User Conduct section of this Terms of Use.
You are solely responsible for User Content that you provide
on the Web Site. With respect to User Content, you hereby
represent and warrant that (a) you own the User Content or
have all necessary licenses or permissions necessary to
provide the User Content and authorize the Company to use
all copyright, patent or other proprietary rights in and to
any User Content in manner required pursuant to the Web
Site; and (b) you have the written consent, license or
permission of each identifiable person to include any name
or likeness of such person in the User Content.
The Company does not claim ownership of User Content you
submit or make available for inclusion on the Web Site.
However, with respect to User Content you submit or make
available for inclusion on publicly accessible areas of the
Web Site, you grant the Company (and other users of the Web
Site) the following world-wide, perpetual, irrevocable,
sub-licensable, assignable, royalty-free and non-exclusive
license(s), as applicable: (a) with respect to User Content
you submit or make available for inclusion on publicly
accessible areas, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such
User Content on the Web Site solely for the purposes of
providing and promoting the publicly accessible areas to
which such User Content was submitted or made available; and
(b) with respect to User Content other than photos,
graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Web Site, the
license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display
such User Content (in whole or in part) and to incorporate
such User Content into other works in any format or medium
now known or later developed.
The Company may at any time make modifications, changes, and
alterations to the data of our Web Site, including the
removal or addition of information to the Web Site. Such
modifications may include messages boards, email services,
chat rooms (Fan Forum), and other services. You agree to not
use the Web Site to:
a. submit material that is protected by copyright,
patent or any other proprietary rights unless you are the
owner of such material or have a license or permission from
the owner of any such proprietary rights to provide the
material;
b. upload, post, email, transmit or otherwise make
available any User Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
c. harm minors in any way;
d. impersonate any person or entity, including, but
not limited to, a the Company official, forum leader, guide
or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any User Content
transmitted through the Web Site;
f. upload, post, email, transmit or otherwise make
available any User Content that you do not have a right to
make available 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);
g. upload, post, email, transmit or otherwise make
available any User Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
h. upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose;
i. upload, post, email, transmit or otherwise make
available 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;
j. disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the
Web Site are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real
time exchanges;
k. interfere with or disrupt the Web Site or servers
or networks connected to the Web Site, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Web Site;
l. intentionally or unintentionally violate any
applicable local, state, national or international law;
m. "stalk" or otherwise harass another; or
n. collect or store personal data about other users.
You acknowledge that the Company does not pre-screen User
Content, but that the Company and its designees shall have
the right (but not the obligation) in their sole discretion
to refuse, move or remove any User Content that is available
via the Web Site. Without limiting the foregoing, the
Company and its designees shall have the right to remove any
User Content that violates the Terms of Use or is otherwise
objectionable, in the Company’s sole discretion. You agree
that you must evaluate, and bear all risks associated with,
the use of any User Content, including any reliance on the
accuracy, completeness, or usefulness of such User Content.
In this regard, you acknowledge that you may not rely on any
User Content created by the Company or submitted to the
Company, including without limitation information in message
boards, clubs, and in all other parts of the Web Site.
You acknowledge and agree that the Company may preserve User
Content and may also disclose User Content if required to do
so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the Terms of Use; (c) respond to
claims that any User Content violates the rights of
third-parties; or (d) protect the rights, property, or
personal safety of the Company, its users and the public.
You understand that the technical processing and
transmission of the Web Site, including your User Content,
may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of
connecting networks or devices. |
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