TERMS &
CONDITIONS: Cyber Park User Agreement
1. General
1.1 This agreement governs your use of the Cyber Park
Internet information service (the "Service"),.Additional
terms and conditions of use applicable to specific areas of the
Service may also be posted in such areas and, together with this
agreement, govern your use of those areas. This agreement, together
with any such additional term and conditions, are referred to as
this "Agreement."
1.2 Cyber Park reserves the right, in its discretion,
to change or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Service. Your
continued use of the Service constitutes your binding acceptance
of these terms and conditions, including any changes or modifications
made by Cyber Park as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable to you, you
should immediately cease all use of the Service.
1.3 The Service is directed to teenagers and adults
and is not directed to children under the age of 13. Cyber Park complies
with the Children's Online Privacy Protection Act and does not permit
registration by and will not knowingly collect personally identifiable
information from anyone under 13. This requirement will be posted
wherever Cyber Park collects data within the Service, such as during
the registration process.
2. Use of Content
2.1 You acknowledge that the Service contains information,
software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are
protected by copyright, trademark or other proprietary rights of
Cyber Park or third parties. All Content on the Service is copyrighted
as a collective work of Cyber Park pursuant to applicable copyright
law. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available
on or accessed through the Service. Users of the Service may use
the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer
or sell, reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in
part, except as expressly permitted in this Agreement. Content consisting
of downloadable software may not be reverse engineered unless specifically
authorized by the owner of the software's patent and/or copyright.
You may post on the Service any Content owned by you (such as your
original statements), Content for which you have received express
permission from the owner and Content in the public domain. You
assume all risk and responsibility for determining whether any Content
is in the public domain. You grant to Cyber Park the right to edit,
copy, publish, distribute, translate and otherwise use in any medium
any Content that you place on the Service without compensation to
you. You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only
for your own personal use, provided that you maintain all copyright
and other notices contained in such Content. You shall not store
electronically any significant portion of any Content. Except as
expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any Content is permitted without
the express permission of Cyber Park or the owners of such Content
or their authorized persons, if other than Cyber Park. You may download
from the Service any Content in the public domain for your own personal
use or for non-commercial redistribution.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive features,
(c) violates the rights of others, such as Content which infringes
any copyright, trademark, patent, trade secret or violates any right
of privacy or publicity, or (d) otherwise violates any applicable
law. You may not post on the Service any links to any external Internet
sites that are obscene or pornographic. You shall not use the Service
for any commercial purpose, to distribute any advertising or solicitation
of funds or goods and services or to solicit users to join competitive
online services.
4. Managing Content
Cyber Park does not and cannot review the Content posted by users
on the Service and is not responsible for such Content. However,
Cyber Park reserves the right to delete, move or edit any Content
(including Content posted in any Interactive Area) that it may determine,
in its sole discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all Content
posted by you. Cyber Park shall have the right, but not the obligation,
to correct any errors or omissions in any Content, as it may determine
in its sole discretion.
5. No Endorsement
5.1 Cyber Park does not represent or endorse the
accuracy or reliability of any Content posted on any Interactive
Area and you acknowledge that any reliance upon such Content shall
be at your sole risk. Any Content placed on any Interactive Area
by users are the views of the user posting the statement, and do
not represent the views of Cyber Park.
5.2 The Service may contain links to sites on
the Internet which are owned and operated by third parties (the
"External Sites"). You acknowledge that Cyber Park is not
responsible for the availability of, or the content located on or
through, any External Site. You should contact the site administrator
or Webmaster for those External Sites if you have any concerns regarding
such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold Cyber Park and its affiliates,
and their respective officers, directors, owners, agents, information
providers and licensors (collectively, the "Cyber Park Parties")
harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred by any Cyber Park
Party in connection with any use or alleged use of the Service under
your password by any person, whether or not authorized by you. Cyber Park
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with Cyber Park's
defense of such claim.
7. Termination of Service
Cyber Park reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Service,
including the Interactive Areas, at any time for any reason without
prior notice or liability. Cyber Park may change, suspend or discontinue
all or any aspect of the Service at any time, including the availability
of any feature, database, or Content (including the Interactive
Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER CYBER PARK NOR ANY PROVIDER OF THIRD
PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CYBER PARK, ANY THIRD
PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE
CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. NONE OF Cyber park, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY
CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER
CYBER PARK NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY
FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE
OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU
EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS
ASSUMED SOLELY BY YOU.
8.2 NEITHER CYBER PARK, ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, THE LIABILITY OF CYBER PARK, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
9. Miscellaneous
This Agreement shall be construed in accordance with the laws of
the Indian Constitution, and the parties irrevocable consent to
bring any action to enforce this Agreement in the federal or state
courts located in Jaipur, Rajasthan, . This Agreement constitutes
the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or oral agreements
between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this agreement and any
additional terms and conditions posted on the Service, such terms
shall be interpreted as to eliminate any inconsistency, if possible,
and otherwise, the additional terms and conditions shall control.
Sections 2, 3, 7, 8, 10 and 11 shall survive any termination of
this Agreement as well as any other provisions which by their terms
or sense are intended to survive.
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