ERobber Web Site Agreement
The ERobber Web
Site (the “Site”) is an online information service provided by ERobber ,
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. ERobber 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 ERobber, 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 ERobber 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 ERobber by all means and in
any media now known or hereafter developed. You also grant to ERobber 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 ERobber for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to ERobber
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of ERobber. 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 ERobber, ERobber does not operate, control or
endorse any information, products or services on the Internet in any way.
Except for ERobber- 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 ERobber a.
You also understand that ERobber 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. ERobber 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 ERobber 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. ERobber 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. ERobber HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL EROBBER 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 ERobber 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, ERobber LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ERobber 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- ERobber web site, please understand that it is independent from ERobber, and that ERobber has no control over the content on that web site. In addition, a link to a ERobber web site does not mean that ERobber 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 ERobber, 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 ERobber 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 ERobber 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. ERobber’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. ERobber 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.
