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Web
Site Terms of Use Welcome to this US-India Venture Capital Association
Web site (this "Web Site"). US-India Venture Capital Association provides
this Web Site subject to the following terms of use (these "Terms").
These Terms explain a contractual agreement between you ("User," "You,"
"Your") and US-India Venture Capital Association ( "We," "Us," "Our")
regarding Your use of this Web Site. You should print a copy of these
Terms for Your records. Please note, however, that We may update and
amend these Terms from time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to information
about Our facilities, services, products, and related links to meet
Your needs (the "Content"). The Terms are meant to protect all of
Our visitors to this Web Site, and Your access to and use of this
Web Site signifies Your agreement with these Terms. DO NOT USE THIS
WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right,
in Our sole discretion, to modify, alter or otherwise update these
Terms at any time. Such modifications, alterations, and updates shall
be effective immediately upon posting. You agree to be bound by such
modified, altered, and updated Terms if You access or use this Web
Site after We have posted notice of such modifications, alterations
or updates.
Consistent with Our goals, this Web Site will permit You to link to
many other Web sites that may or may not be affiliated with this Web
Site and/or with Us. The other linked Web sites have different terms
of use that are not the same as these Terms. Your access to and use
of such linked Web sites through links provided on this Web Site is
governed by the terms of use and policies of those sites, not this
Web Site.
2. PRIVACY
Registration data and certain other information about You is subject
to our Privacy Policy. For more information, please review Our Privacy
Policy.
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web Site,
including, but not limited to, text, photographs, images, illustrations,
audio clips, and video clips, is protected by copyrights, trademarks,
service marks, and/or other intellectual property rights (which are
governed by United States and worldwide copyright laws and treaty
provisions, privacy and publicity laws, and communication regulations
and statutes). The Content is owned and controlled by Us or Our affiliates,
or by third party content providers, merchants, sponsors and licensors
(collectively the "Providers") that have licensed their content or
the right to market their products and/or services to Us. Content
on this Web Site or any Web site owned, operated, licensed or controlled
by the Providers is solely for Your personal, non-commercial use.
You agree to abide by all additional copyright notices, information,
or restrictions contained in any Content. You may download a single
copy of any Content contained on this Web Site, solely for Your personal,
non-commercial use, consistent with these Terms, provided that You
maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other
electronic means) for commercial use without the prior written consent
of Us or the Providers. You may request consent by faxing a request
to US-India Venture Capital Association through the website. Your
modification of the Content, use of the Content on any other Web site
or networked computer environment, or use of the Content for any purpose
other than personal, non-commercial use, without the prior written
consent of Us or the Providers, violates the intellectual property
rights and proprietary rights of the Content owners and is prohibited.
You may not use on Your Web site any registered or unregistered trademarks,
service marks or copyrighted materials appearing on this Web Site,
including but not limited to any logos or characters, without the
express written consent of the owner of the mark or copyright. You
may not frame, deep link, or otherwise incorporate into another Web
site any of the Content or other materials on this Web Site without
Our express prior written consent.
Violation of trademark and copyright laws may result in significant
civil liability or criminal penalties under United States and/or worldwide
copyright and trademark laws. You recognize that any reproduction
or use of Content, except as authorized by these Terms, is considered
intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web Site
for any purpose that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting any threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material. If You violate any of these Terms, Your permission to use
this Web Site immediately terminates without the necessity of any
notice. We retain the right to deny access to anyone at Our discretion
for any reason, including for violation of these Terms.
You are solely responsible for Your Information, and We act as a passive
conduit for Your online distribution and publication of Your Information.
As used in these Terms, "Information" means any information or data
that You submit to this Web Site and any information or data that
is generated by this Web Site as a result of Your use of this Web
Site.
In the event that You are provided with User identification numbers
or codes (collectively, " ID's"), confirmation numbers, and/or passwords
(as applicable) in the use of this Web Site, You shall maintain such
User ID's, confirmation numbers, and/or passwords in confidence and
You agree not to distribute or disclose the same to third parties.
It is Your responsibility to notify Us if We need to change or discontinue
any of Your ID's, confirmation numbers, or passwords. It is also Your
responsibility to immediately request discontinuation of an ID, confirmation
number, or password upon Your knowledge or belief that such ID, confirmation
number, and/or password is, or may be subject to, a breach of confidentiality.
We may suspend or terminate Your service or access to this Web Site
if We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete Information.
If You provide any Information that is untrue, inaccurate, not current
or incomplete (or We have reasonable grounds to suspect that such
Information is untrue, inaccurate, not current or incomplete), We
have the right to suspend or terminate Your access and activity, and
refuse any and all current or future use of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and
You agree not to use or permit others to use this Web Site, for any
of the following: (a) take any action that imposes an unreasonable
or disproportionately large load on the Web Site's infrastructure,
including but not limited to "spam" or other such unsolicited mass
e-mailing techniques; (b) disclose to, or share with, the assigned
confirmation numbers and/or passwords with any unauthorized third
parties or using the assigned confirmation numbers and/or passwords
for any unauthorized purpose; (c) attempt to decipher, decompile,
disassemble or reverse engineer any of the software or HTML code comprising
or in any way making up a part of this Web Site; (d) upload, post,
emailing or otherwise transmitting any Information, Content, or proprietary
rights that You do not have a right to transmit under any law or under
contractual or fiduciary relationships; (e) violating any applicable
local, state, national or international law, including, but not limited
to, any regulations having the force of law; and, (f) using any robot,
spider, intelligent agent, other automatic device, or manual process
to search, monitor or copy Our Web pages, or the Content without Our
prior written permission, provided that generally available third
party Web browsers such as Netscape Navigator® and Microsoft Internet
Explorer® may be used without such permission.
6. INFORMATION POSTED TO WEB
SITE
With respect to all Information You elect to post to publicly accessible
areas of the Web Site, You agree that We have the right to use, reproduce,
modify, publish, perform and display such Information (in whole or
part) worldwide; provided that such use is subject to the terms of
Our Privacy Policy.
You acknowledge and agree that We may preserve Information and may
also disclose Information 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; (c) respond
to claims that any Information violates the rights of third parties;
or (d) protect the rights, property, or personal safety of Our business,
employees, Providers, affiliates, users, and/or the public.
7. LINKS TO OTHER WEB SITES
This Web Site may contain links to third party and/or other US-India
Venture Capital Association-affiliated Web sites not under Our control
or operation (the "Linked Sites"). The links will let You leave this
Web Site, and You access them at Your own risk. You acknowledge that
We provide the Linked Sites for Your convenience and information only.
We do not endorse nor are We responsible for any content, information,
or other related materials found at any such Linked Sites or any links
contained within such Linked Sites, whether or not We are affiliated
with the owners of such Linked Sites. Moreover, We do not control
any use of content, information or other related material that You
provide to, or is collected and/or tracked by, such Linked Sites.
Such use by Linked Sites is governed by the terms of use statements
and/or privacy policies of such Linked Sites, not this Web Site, and
as a result may differ from Ours. You may not establish a hyperlink
to this Web Site or provide any links that state or imply any sponsorship
or endorsement of Your Web site by Us or the Providers.
8. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED
BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION,
WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON
THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS
TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT,
SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS
WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION
YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING
PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION
AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING
UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION
FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED
SITE.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL
NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM:
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF RECORDS, OR THE RELIANCE UPON OR USE OF
CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS
WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE
NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between
the parties. The limitations specified in this Section 9 will survive
and apply even if any limited remedy specified in these Terms is found
to have failed of its essential purpose. The limitations of liability
provided in these Terms inure to the benefit of Us and the Providers,
and to all respective officers, directors, employees, representatives,
attorneys, and agents.
10. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our offices
within the States of California. It can be accessed from all 50 states,
as well as from other countries around the world. As each of these
places has laws that may differ from those of California, by accessing
this Web Site, You agree that these Terms and Your use of the Web
Site shall be governed in all respect by the internal substantive
laws of the State of California, without regard to conflict of laws.
You further submit to exclusive jurisdiction and venue in the state
and federal courts located in the State of California for all disputes,
cases and controversies regarding this Web Site, Your use of this
Web Site, and Your relationship with Us. We make no representation
that materials on this Web Site are appropriate or available for use
in other locations, and accessing them from territories where the
Content is illegal is prohibited. Those who choose to access this
Web Site from other locations do so at their own risk and are responsible
for compliance with local laws, including laws regarding the transmission
of technical data exported from the United States or the country in
which You reside.
11. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We become
aware of it, to any applicable government agencies. You agree to indemnify,
defend and hold Us and the Providers, Our and their officers, directors,
employees, affiliates, agents, licensors, and suppliers harmless from
and against any and all claims, demands, actions, costs, liabilities,
losses and damages of any kind (including attorneys' fees) resulting
from Your use of this Web Site, Your breach of any provision of these
Terms and/or any negligent acts, omissions or intentional wrongdoing
by You. Any such indemnification shall be conditioned on Our: (a)
notifying You in writing of any such claim, demand, action, cost,
liability, loss or threat of any thereof; (b) cooperating with You
in the defense or settlement thereof; and (c) allowing You to control
such defense or settlement. We shall be entitled to participate in
such defense at Our own cost and expense.
12. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their
officers, directors, employees, affiliates, agents, licensors, and
suppliers. Each of these individuals or entities shall have the right
to assert and enforce these Terms directly against You on its (or
their own) behalf. Our 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.
If any provision of these Terms is held to be invalid or unenforceable,
such provision will be struck and the remaining provisions enforced.
Headings are for reference purposes only.
The provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between Us (including
the Providers), Our affiliated or related entities, and You, and supersede
any prior agreements or understandings not incorporated herein. In
the event that any inconsistencies exist between these Terms and any
future published terms of use or understanding, the last published
Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY
GRANTED OR STATED IN THESE TERMS.
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