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INTRODUCTION
Welcome to the Internet sites of the Askcircle Association, which
includes
www.askcircle.com
with Askcircle Association and Grey Cell Technologies (collectively
referred to herein as "we," "us," or "our").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using the Askcircle Association, you signify your agreement to
these terms of use. If you do not agree to these terms of use, you may
not use the Askcircle Association Website. We reserve the right, at
our sole discretion, to change, modify, add, or delete portions of
these terms of use at any time in accordance with the procedures set
forth below in the paragraph labeled "Amendment".
RESTRICTIONS ON USE OF MATERIALS
All materials contained in the Askcircle Association Website are the
copyrighted property of Askcircle Association. All trademarks, service
marks, trade names, and trade dress are proprietary to Askcircle
Association. No material from the Askcircle Association Website or any
Internet site owned, operated, licensed, or controlled by us may be
copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, noncommercial home
use only, provided that (i) you keep intact all copyright and other
proprietary notices, (ii) you make no modifications to the materials,
(iii) you do not use the materials in a manner that suggests an
association with any of our products, services, or brands, and (iv)
you do not download quantities of materials to a database that can be
used to avoid future downloads from the Askcircle Association Website.
The use of any Askcircle Association Website material on any other Web
site or computer environment is prohibited.
In the event you download software from the Askcircle Association
Website, the software, including any files, images incorporated in or
generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by us for your
personal, noncommercial home use only. We do not transfer title of the
Software to you. You own the medium on which the Software is recorded,
but we retain full and complete title to the Software and all
intellectual property rights therein. You may not redistribute, sell,
auction, decompile, reverse engineer, disassemble, or otherwise reduce
the Software to a human-readable form.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments
regarding our products and services. Unfortunately, however, our
long-standing company policy does not allow us to accept or consider
creative ideas, suggestions, or materials other than those that we
have specifically requested. We hope you will understand that it is
the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our professional staff
might seem to others to be similar to their own creative work. Please
do not send us any unsolicited original creative materials such as
stories or ideas, screenplays, or original artwork. While we do value
your feedback on our services and products, we request that you be
specific in your comments on those services and products, and not
submit any creative ideas, suggestions, or materials (unless
specifically requested by us).
If, through participation in certain activities, you send any material
(e.g., postings to chat, boards, or contests) or, despite our request,
you send us unsolicited creative suggestions, ideas, notes, drawings,
concepts, or other information (collectively, the "Submissions"), the
Submissions shall be deemed, and shall remain, our property. None of
the Submissions shall be subject to any obligation of confidentiality
on our part and we shall not be liable for any use or disclosure of
any Submissions. Without limitation of the foregoing, we shall
exclusively own all now-known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions or any other person or entity.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, instant messaging, mobile
messaging or e-mail function (including, but not limited to,
electronic greeting cards) offered as part of the Askcircle
Association Website. If you participate in any Forum within a
Askcircle Association Website, you agree to follow our terms set forth
below.
You acknowledge that anything you submit to the Askcircle Association
Website by way of any Forum is routed through Askcircle Association
Website’s servers and the Internet and that, therefore, you have no
expectation of privacy with regard to any such submission. You
acknowledge that the Forums and features on the Askcircle Association
Websites are forums for public and not private communications. Please
keep in mind that whenever you give out personal information online,
for example, via message boards or chat, that information can be
collected and used by people you don't know. We cannot guarantee the
security of any information you disclose online; you make such
disclosures at your own risk.
Users or visitors shall remain solely responsible for the content of
their messages in the Forums. We are not responsible for the content
or opinions posted or sent by users in any Forum. You take
responsibility for postings under your username and use the
information provided in the Forums at your own risk. We reserve the
right to remove or edit content from any Forum at any time and for any
reason although we have no duty to do so.
When participating in a Forum, never assume that people are who they
say they are, know what they say they know, or are affiliated with
whom they say they are affiliated with in any chat room, message
board, or other user-generated content area. Information obtained in a
Forum may not be reliable, and it is not a good idea to take any
action, including to trade or make any investment decisions, based
solely or largely on information you cannot confirm. We cannot be
responsible for the content or accuracy of any information, and shall
not be responsible for any trading, investment, or any other decisions
made based on such information.
RULES OF CONDUCT
The following is a list of the Rules of conduct for the Askcircle
Association Website. By using the Askcircle Association Website you
agree not to do any of the following:
1.Post, distribute, or otherwise make available or transmit any data,
text, message, or computer file that we deem to be: (a) defamatory,
abusive, harassing, insulting, threatening, or that could be deemed to
be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar,
obscene, or sexually explicit (language or images); or that (d)
encourages or advocates illegal activity or the discussion of illegal
activities with the intent to commit them;
2.Post, distribute, or otherwise make available or transmit any data,
text, message, computer file, or other material that infringes and/or
violates any right of a third party or any domestic or international
law, rule, or regulation, including but not limited to: (a) copyright,
patent, trademark, or other proprietary rights; (b) right of privacy
(specifically, you must not distribute another person’s personal
information of any kind without their express permission) or
publicity; (c) any confidentiality obligation;
3.Advertise or sell any
products, services or otherwise (whether or not for profit), or
solicit others or use any Forum for commercial purposes of any kind,
4.Post, distribute, or
otherwise make available or transmit any software or other computer
files that contain a virus or other harmful component;
5.Impersonate any person or
entity or misrepresent your identity or affiliation with any person or
entity;
6.Engage in antisocial,
disruptive, or destructive acts, including "flaming," "spamming,"
"flooding," "trolling," and "griefing" as those terms are commonly
understood and used on the Internet;
7.Delete any legal notices,
disclaimers, or proprietary notices such as copyright or trademark
symbols, or modify any logos that you do not own or have express
permission to modify;
8.Post, distribute, or
otherwise make available or transmit material or make statements that
do not generally pertain to the designated topic or theme of any
Forum.
Additionally, you may use electronic greeting cards or mobile
messaging for noncommercial purposes only. You must furnish your
actual e-mail address or mobile phone number in order to send a card
or message. Any business use, "re emailing," or other high-volume
application is strictly prohibited. You are not permitted to send
cards or messages using an automated program. Electronic greeting
cards and mobile messages may not contain inappropriate language or
images or copyrighted material (without the consent of the copyright
holder) or encourage illegal activity. Electronic greeting cards and
mobile messages that violate these guidelines will not be delivered.
We reserve the right to remove any material, and if we deem
appropriate, to turn over to law enforcement officials, any material,
including message, e-mail, or posting, that is in violation of these
Rules of conduct. We also reserve the right to remove messages,
e-mails, or postings that do not pertain to the designated topic or
theme of the Forum.
We also reserve the right to comply with any order or otherwise
cooperate with law enforcement officials regarding the identification
of any user alleged to be using the Askcircle Association Website in
violation of the law.
DISCLAIMER
THE MATERIALS IN THE ASKCIRCLE ASSOCIATION WEBSITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NO INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON ANY ASKCIRCLE ASSOCIATION WEBSITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY ASKCIRCLE ASSOCIATION WEBSITE OR THE SERVERS THAT MAKE SUCH
MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS ON THE ASKCIRCLE ASSOCIATION
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from the
Askcircle Association Website. We cannot ensure that you will be
satisfied with any products or services that you purchase from a
third-party site that links to or from the Askcircle Association
Website or third-party content on our sites. We do not endorse any of
the merchandise, nor have we taken any steps to confirm the accuracy
or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or
warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive
any claim against us with respect to such sites and third-party
content. We strongly encourage you to make whatever investigation you
feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE ASKCIRCLE ASSOCIATION SITE OR MATERIALS OR FUNCTIONS ON ANY
SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER
IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE
ASKCIRCLE ASSOCIATION WEBSITE.
JURISDICTIONAL ISSUES
Askcircle Association is produced, controlled and operated by
Askcircle Association office in
11,R. N. Mukherjee Road,
Nilhat House, 6th Floor,
Kolkata – 700001,
India. We make no representation that materials on the Askcircle
Association Website are appropriate or available for use in any
particular location. Those who choose to access a Askcircle
Association Website do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to Government
of India export controls.
AMENDMENT
We reserve the right, at our sole discretion, to change, modify, add,
or delete portions of these terms of use at any time. Please note
that, at all times, you are responsible for updating your personal
information to provide us your current e-mail address. In the event
that the last e-mail address that you have provided us is not valid,
or for any other reason is not capable of delivering to you the notice
described above, our dispatch of the e-mail containing such notice
will nonetheless constitute effective notice of the changes,
modifications, additions, or deletions described in the notice.
TERMINATION
These terms of use are effective until terminated by either you or us.
You may terminate these terms at any time by discontinuing use of the
Askcircle Association Website and destroying all materials obtained
from any and all such sites and all related documentation and all
copies and installations thereof, whether made under these terms of
use or otherwise. In the event that you terminate these terms of use,
you agree to notify us of such termination by sending notice of such
termination by certified Government of India Postage mail, postage
pre-paid to:
Askcircle Association
11,R. N. Mukherjee
Road,
Nilhat House, 6th Floor
Kolkata, India -
700001
We may immediately terminate these terms of use with respect to you
(including your access to any and all Askcircle Association Websites)
without cause and without notice to you in our sole discretion. Upon
termination, you must cease use of all Askcircle Association Website
and destroy all materials obtained from such sites and all copies
thereof, whether made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the
termination, in appropriate circumstances, of users who are repeat
infringers of copyright.
GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance
with the laws of the Kolkata High Court and the laws of the Government
of India, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or
relating to these terms shall be filed only in the High Court or
district courts located in India and you hereby consent and submit to
the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms of use
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms of use and shall
not affect the validity and enforceability of any remaining
provisions.
ATTRIBUTION AND NOTICES
Text, photo, graphic, audio, and/or video material shall not be
published, broadcast, rewritten for broadcast or publication, or
redistributed directly or indirectly in any medium. Neither these
materials nor any portion thereof may be stored in a computer except
for personal and noncommercial use.
Grey Cell Technologies' content is the intellectual property of Grey
Cell Technologies or its third-party content providers. Any copying,
republication, or redistribution of Grey Cell Technologies’ content,
including by caching, framing, or similar means, is expressly
prohibited without the prior written consent of Grey Cell
Technologies. Grey Cell Technologies shall not be liable for any
errors, delays in content, or for any actions taken in reliance
thereon. Grey Cell Technologies and the Grey Cell LOGO are registered
trademarks of the Grey Cell Technologies around the world. For
additional information on Grey Cell Technologies please visit their
public Web site – http://www.greycelltechnologies.com
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