T&C
Terms & Conditions
Effective Date: November 1, 2019
Website Covered: mohd-sharib.blogspot.com
THE AGREEMENT: The use of
this Web and website services on this Blog provided by Mohd Sharib are subject
to the following Terms & Conditions , all parts and sub-parts of which are
specifically incorporated by reference here. Following are the Terms pf Service
governing your use of mohd-sharib.blogspot.com (the "Website"),
all pages on the Website and any services provided by or on this Website
("Services").
By accessing either directly or through a hyperlink, the
Website, and/ or purchasing something from us, you engage in our
"Service" and agree to be bound by the Terms of Service including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation vendors, buyers, customers, merchants, browsers
and/ or contributors of content.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be
defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and
publisher of the Website, makes the Website, and certain Services on it,
available to users. Mohd Sharib, Owner, Us, We, Our, Ours and other
first-person pronouns will refer to the Owner, as well as all employees and
affiliates of the Owner.
b) You, the User, the Client: You, as the user of the Website,
will be referred to throughout these Terms of Service with second-person
pronouns such as You, Your, Yours, or as User or Client. For the purpose of
these Terms of Service, the term "User" or "you" shall mean any natural or legal person who
person is accessing the Website. The term '"Your" shall be construed
accordingly.
c) Parties: Collectively, the parties to these Terms of Service
(the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and
reviewed these Terms of Service and that You agree to be bound by it. If You do
not agree to be bound by these Terms of Service, please leave the Website
immediately. The Owner only agrees to provide use of this Website and Services
to You if You assent to these Terms of Service. Further, based on the Services
obtained by a User, additional terms and conditions in respect of the specific
Services may apply, which shall be deemed an agreement between the Users and
the Owner.
3) ABOUT THE SITE
The Website is an online store which carries out sale of the
following: Software. We reserve the right to refuse service or refuse to sell
the products on the Website at our sole discretion to anyone for any reason at
any time.
The Website does not screen or censor the users who register on
and access the Website. You assume all risks associated with dealing with other
users with whom you come in contact through the Website. You agree to use the
Website only for lawful purposes without infringing the rights or restricting
the use of this Website by any third party.
4) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a result
of Your use of the Website or Services. Such information may include, but is
not limited to, documentation, data, or information developed by the Owner, and
other materials which may assist in Your use of the Website or Services
("Owner Materials"). Subject to these Terms of Service, the Owner
grants You a non-exclusive, limited, non-transferable and revocable license to
use the Owner Materials solely in connection with Your use of the Website and
Services. The Owner Materials may not be used for any other purpose and this
license terminates upon Your cessation of use of the Website or Services or at
the termination of these Terms of Service.
You agree not to collect contact information of other Users from
the Website or download or copy any information by means of unsolicited access
so as to communicate directly with them or for any reason whatsover.
Any unauthorized use by you shall terminate the permission or
license granted to you by the Website and You agree that you shall not bypass
any measures used by the Owner to prevent or restrict access to the Website.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the
Owner are the property of the Owner, including all copyrights, trademarks,
trade secrets, patents and other intellectual property ("Owner IP").
You agree that the Owner owns all right, title and interest in and to the Owner
IP and that You will not use the Owner IP for any unlawful or infringing
purpose. You agree not to reproduce or distribute the Owner IP in any way,
including electronically or via registration of any new trademarks, trade names,
service marks or Uniform Resource Locators (URLs), without express written
permission from the Owner.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful
purpose or any purpose prohibited under this clause. You agree not to use the
Website or Services in any way that could damage the Website, Services or
general business of the Owner.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any
person's legal rights;
II) To violate any intellectual property rights of the Owner or
any third party;
III) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or
pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites
violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for
any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to infringe on any third party's intellectual property or
proprietary rights, or rights of publicity or privacy, whether knowingly or
unknowingly; (d) to violate any local, federal or international law, statute,
ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information or any content which is defamatory, libelous,
threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and
lascivious or pornographic, or exploits minors in any way or assists in human
trafficking or content that would violate rights of publicity and/or privacy or
that would violate any law; (g) to upload or transmit viruses or any other type
of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to damage, disable, overburden, or impair the Website or any other
party's use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl,
or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other
websites, or the Internet; (l) to personally threaten or has the effect of
personally threatening other Users. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
The Company has the full authority to review all content posted by Users on the
Website. You acknowledge that the Website is not responsible or liable and does
not control the content of any information that may be posted to the Website by
You or other User of the Website and you are solely responsible for the same.
You agree that You shall not upload, post, or transmit any content that you do
not have a right to make available (such as, the intellectual property of
another party).
You agree to comply with all applicable laws, statutes and
regulations concerning your use of the Website and further agree that you will
not transmit any information, data, text, files, links, software, chats,
communication or other materials that is abusive, invasive of another's
privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading,
harmful, threatening, hateful or racially or otherwise objectionable, including
without limitation material of any kind or nature that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, provincial, national, or international law
or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party's intellectual property or these Terms of
Service.
You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
7) COMMUNICATION
You understand that each time use the Website in any manner, you
agree to these Terms. By agreeing to these Terms, you acknowledge that you are
interested in availing and purchasing the Services that you have selected and
consent to receive communications via phone or electronic records from the
Website including e-mail messages telling you about products and services
offered by the Website (or its affiliates and partners) and understanding your
requirements. Communication can also be by posting any notices on the Website.
You agree that the communications sent to You by the Website shall not be
construed as spam or bulk under any law prevailing in any country where such
communication is received.
8) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us
with certain information. By using the Website or the Services, You authorize
the Owner to use Your information in India and any other country where We may
operate.
a) Information We May Collect or Receive: Depending on how You
use Our Website or Services, We may receive information from external
applications You use to access Our Website, or We may receive information
through various web technologies, such as cookies, log files, clear gifs, web beacons
or others.
b) How We Use Information: We use the information gathered from
You to ensure Your continued good experience on Our website. We may also track
certain of the passive information received to improve Our marketing and
analytics, and for this, We may work with third-party providers, including
other marketers.
c) How You Can Protect Your Information: If You would like to
disable Our access to any passive information We receive from the use of
various technologies, You may choose to disable cookies in Your web browser.
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or
disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any
unauthorized access, circumvention of encryption or other security tools, data
mining or interference to any host, user or network.
10) DATA LOSS
The Owner does not accept responsibility for the security of Your
account or content. You agree that Your use of the Website or Services is at
Your own risk.
11) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its
affiliates (if applicable) and hold Us harmless against any and all legal claims
and demands, including reasonable attorney's fees, which may arise from or
relate to Your use or misuse of the Website or Services, Your breach of these
Terms of Service, or Your conduct or actions. You agree that the Owner shall be
able to select its own legal counsel and may participate in its own defense, if
the Owner wishes.
12) SPAM POLICY
You are strictly prohibited from using the Website or any of the
Owner's Services for illegal spam activities, including gathering email
addresses and personal information from others or sending any mass commercial
emails.
13) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third party websites or
other services. You agree that the Owner is not responsible or liable for any
loss or damage caused as a result of Your use of any third party services
linked to from Our Website.
14) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice
to You, modify these Terms of Service. You agree that the Owner has the right
to modify these Terms of Service or revise anything contained herein. You
further agree that all modifications to these Terms of Service are in full
force and effect immediately upon posting on the Website and that modifications
or variations will replace any prior version of these Terms of Service, unless
prior versions are specifically referred to or incorporated into the latest
modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service
is held ineffective or invalid by any court of law, You agree that the prior,
effective version of these Terms of Service shall be considered enforceable and
valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and
refer to the Effective Date posted at the top of these Terms of Service to note
modifications or variations. You further agree to clear Your cache when doing
so to avoid accessing a prior version of these Terms of Service. You agree that
Your continued use of the Website after any modifications to these Terms of
Service is a manifestation of Your continued assent to these Terms of Service.
c) In the event that You fail to monitor any modifications to or
variations of these Terms of Service, You agree that such failure shall be
considered an affirmative waiver of Your right to review the modified
Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the
Parties with respect to any and all use of this Website. This Agreement
supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.
16) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to
perform maintenance or emergency services on a scheduled or unscheduled basis.
You agree that Your access to the Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that the Owner shall have no
liability for any damage or loss caused as a result of such downtime.
17) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time
for any reason, with or without cause. The Owner specifically reserves the
right to terminate these Terms of Service if You violate any of the terms
outlined herein, including, but not limited to, violating the intellectual
property rights of the Owner or a third party, failing to comply with
applicable laws or other legal obligations, and/or publishing or distributing
illegal material. If You have registered for an account with Us, You may also
terminate these Terms of Service at any time by contacting Us and requesting
termination. Please keep in mind that any outstanding fees will still be due
even after termination of Your account. At the termination of these Terms of
Service, any provisions that would be expected to survive termination by their
nature shall remain in full force and effect.
18) LIMITATION ON LIABILITY
The Owner is not liable for any damages that may occur to You as
a result of Your use of the Website or Services, to the fullest extent
permitted by law. The maximum liability of the Owner arising from or relating
to these Terms of Service
19) GENERAL PROVISIONS:
a) LANGUAGE: All
communications made or notices given pursuant to these Terms of Service shall
be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You
agree that the laws of the India shall govern any matter or dispute relating to
or arising out of these Terms of Service, as well as any dispute of any kind
that may arise between You and the Owner, with the exception of its conflict of
law provisions. In case any litigation specifically permitted under these Terms
of Service is initiated, the Parties agree to submit to the exclusice jurisdiction
of the courts at Delhi, India. The Parties agree that this choice of law,
venue, and jurisdiction provision is not permissive, but rather mandatory in
nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non conveniens or similar doctrine.
d) SEVERABILITY: If any
part or sub-part of these Terms of Service is held invalid or unenforceable by
a court of law or competent arbitrator, the remaining parts and sub-parts will
be enforced to the maximum extent possible. In such condition, the remainder of
these Terms of Service shall continue in full force.
e) NO WAIVER: In the
event that We fail to enforce any provision of these Terms of Service, this
shall not constitute a waiver of any future enforcement of that provision or of
any other provision. Waiver of any part or sub-part of these Terms of Service
will not constitute a waiver of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service
are for convenience and organization, only. Headings shall not affect the
meaning of any provisions of these Terms of Service.
g) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both
Parties under these Terms of Service, including e-mail or fax. For any
questions or concerns, please email Us at the following address:
mohd.sharib.0072@gmail.com.
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