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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING THIS WEBSITE. This is an Agreement between you (hereinafter referred to as "you" or "your") and Giza Network Private Limited, a Company incorporated under the laws of India, with its registered office at 344/8, 4th Main Road, Sadashivnagar, Bangalore 560 080, (hereinafter referred to as "Giza" or "we" or "our") that governs the access and use of the www.gizapage.com website (hereinafter referred to as "Website"). When you access and/ or use the Website, you agree to be bound by these Terms and Conditions. 1. PROPERTY OF GIZA 1.1 This Website has been hosted by or on behalf of Giza and you agree that you will be allowed to access and use the Website only if you agree to the terms and conditions as set out below. 2. ACCEPTANCE OF THE TERMS AND CONDITIONS 2.1 By clicking on the acceptance button which follows this Agreement (marked ), you indicate acceptance of the terms and conditions of this Agreement and limitation of liability as set out in this Agreement. Such acceptance shall be either on your own behalf or on behalf of any corporate entity which employs you or which you represent. You should read this Agreement carefully before clicking on the acceptance button. If you do not accept these terms and conditions, you should click on the button and ensure deletion of all cookies/ resident material from your computer system. Please note that Giza is not responsible for any loss or damage whatsoever arising out of your not deleting the cookies/ resident files in your computer upon your clicking the button. Thereafter, we reserve the right to restrict your access and use of the Website. 3. CHANGES IN AGREEMENT 3.1 We reserve the right to periodically change the Terms and Conditions outlined herein with or without notice, as we may deem fit. You shall be responsible for periodically checking these Terms and Conditions for such changes thereto. The changed Terms and Conditions shall become effective immediately upon our publishing them onto the Website and any access and use of the Website after accepting the changed Terms and Conditions that have been published on the Website signifies your deemed consent to the changes. 4. ELIGIBILITY 4.1 Persons shall be allowed use and/ or access to the service(s) and products based on their age. Any registration by, use of or access to the Website by any person who is under 13 years of age is unauthorised, unlicenced and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 years or older. 5. REGISTRATION DATA; ACCOUNT SECURITY 5.1 In consideration of your use of the Website, you agree to (i) provide accurate, current and complete information about you as may be requested for by the Website (hereinafter referred to as "Personal Data"); (ii) maintain and promptly update the Personal Data; and (iii) be fully responsible for all use of your account and for any actions that take place using your account. 6. OWNERSHIP OF MATERIALS AND COPIES 6.1 You agree that the Website and its contents, including but not limited to the text, images, graphics, audio-visuals, videos, artworks, imaging, positioning, use or combination of colours, images, combination of fonts, together with all information and data posted herein are exclusive properties of Giza, and Giza hereby asserts and retains its ownership of the Website and its contents, irrespective of the form and manner in which its copies may exist. All documentation as appearing on this Website are copyrighted and protected under applicable proprietary laws. 6.2 gizanetwork.com, GizaPage company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by GizaPage or its Affiliates. All copies that you make of the information on this Website must bear any copyright, trademark or other proprietary notice mentioned in the Website that pertains to the information being copied. You are not authorized to use any name or mark of www.gizanetwork.com or Giza in any advertisements, publicity matter or in any other commercial manner without the prior written consent of Giza. Requests for authorization should be made to legal@gizapage.com 7. DESCRIPTION OF WEBSITE 7.1 Giza conducts its business, inter-alia, in the social networking industry engaging in the development and provision of Web 2.0 technologies, namely, social networks, blogs, microblogs, social bookmarks, and other such items related thereto. 7.2 Giza Social attempts to bring all the different social networking sites on a common platform for better accessibility and visibility for a single individuals, customizable to what the individual wishes the profile to show or hide. Therefore, the Website uses a proprietary technology that allows users to “pin” all their social profiles and websites to ONE web page and share it with others. A user’s page on the Website has its own URL which he then promotes as his “all-in-one social identity”. 7.3 If you choose to visit and/ or access and use this Website, download and peruse the information and data herein, you understand and agree that the following Terms and Conditions govern your use of the Services. You understand and agree that the Services are provided on an “as-is-basis”. Giza disclaims all responsibility and liability, in any manner whatsoever, for the availability, timelines, security or reliability of the Services. Giza reserves the right to modify, suspend, remove or discontinue the Services with or without notice at any time and without any liability to you. 8. TERMS OF USE OF THE WEBSITE SERVICES 8.1 You are permitted to view, use and copy the information and data hosted on this Website for non-commercial and informational purposes only. 8.2 You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to this Website. 8.3 You agree not to use this Website to compile a collection of listings, including a competing listing product or service. 8.4 You agree not to use this Website or any information or data therein for any unsolicited commercial e-mail. 8.5 You agree not to translate, modify, revise or create derivative works based on the information and data, except as expressly permitted by the law of this Agreement. 8.6 You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the data or information posted on this Website. 8.7 You understand that this license is revocable at any time without notice and with or without cause. You understand that the different service providers for the different social networking profiles have their individual terms and conditions of use, and when you access/ use the services or products of these service providers, you are subject to the terms and conditions of these service providers. In case of any discrepancy between these terms and conditions and the terms and conditions specific to that third party service provider, the terms and conditions of the third party service provider shall prevail in so long as the specific services and/ or products of these third party service providers are being used and/or accessed. 9. User Content Posted on the Site 9.1 You understand that you are solely responsible for the photos, profiles, information, advertisements and other content that you upload, publish or display (hereinafter referred to as "Personal Content") on the Website or transmit to or share with other users of the Website (hereinafter collectively referred to as the "User Content"). 9.2 You hereby undertake to not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may review the Website and may delete or remove (without notice) any User Content in its sole discretion. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website. 9.3 By posting User Content to the portions of the Website owned by Giza, including any other “tabs” which are on or under such portions, you automatically grant, and you represent and warrant that you have the right to grant, subject to other terms and conditions as enumerated herein, to Giza an irrevocable, perpetual, non-exclusive, transferable, fully paid up, worldwide licence including the right to sublicence, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose. Further, please note that any other User Content in any other portions of the Website, including any third party service rendered “tabs”, such User Content is governed by the terms and conditions of those third parties and Giza shall not be responsible for any use, copying, publicly performing, publicly displaying, reformatting, translating, excerpting (in whole or in part) and distribution of such User Content for any purpose. Further, Giza represents that it shall not use or extract any such information which is not in the public domain in the process of the User Content being posted or edited in these other portions of the Website. 9.4 If you choose to remove your User Content, the licence granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. 9.5 You retain full and complete ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. 10. DISCLAIMERS 10.1 The information/ data and products on this Website, including but not limited to text, images, graphics, audio-visuals, videos and links is provided “as-is” and without warranties of any kind, whether express or implied, including but not limited to implied warranty of accuracy, completeness, reliability, merchantability or fitness for a particular purpose. 10.2 Any information/ data provided in this Website about the separate third party service providers and/ or Giza and/ or any conclusions based on the available information/ data does not necessarily reflect the view/s of Giza and/ or its Affiliates. 10.3 Visitors to this Website access the Website at their own risk. 10.4 The photographs, images, audio-visuals and the videos used herein are purely for illustrative purposes only. 10.5 This Website may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any resulting loss or damage. 10.6 Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in this Website in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against you. 10.7 You may have arrived on this website by means of some link provided by a third party. You understand that any such links are provided by third parties to this site and who have no connection to Giza whatsoever. Giza neither endorses the contents of such websites nor do we endorse the creators or the hosts of such websites, unless expressly stated in writing otherwise. 10.8 We may also provide certain links to other third party websites within this Website as a convenience to you. You understand that this is purely for your understanding and convenience, and any decision that you might take on the basis of such reading is entirely your choice. We do not endorse the contents of such websites not do we endorse the creators or the hosts of such website, unless expressly stated in writing otherwise. 10.9 When you click on advertiser banners, sponsor links, or other external links from this Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by gizanetwork.com. We are not responsible for the content, functionality, authenticity or technological safety of these external websites. We reserve the right to disable links to or from third-party sites to our Website, as we may deem it fit. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our trademarks as part of a co-branding relationship. 10.10 Some external links may produce information that you may find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Websites. 11. LIMITATION ON LIABILITY 11.1 You agree to access and use this website and such other external link/s provided herein and the content thereof at your own risk. Giza, its affiliates or service providers, shall not, be responsible or liable in any manner whatsoever for any direct, indirect, incidental, consequential or punitive damages arising out of any access, use or inability to use this website or such other external link/s provided herein, including but not limited to any errors or omissions in the content thereof, loss of data, revenue, profits, property, attack by viruses, failure to provide Website Services and the like. 11.2 Neither Giza nor any party involved in creation, production or delivery of this Website or whose materials or information/data appear in this Website shall be liable for any damages, including without limitation to, any failure of performance, error, omission, interruption, defect thereof. 11.3 GIZA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, DATA, PRODUCT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER MATERIALS ACCESSIBLE FROM THIS WEBSITE. 11.4 YOU, THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. 11.5 IF YOU INSTALL PLATFORM APPLICATIONS, YOU MUST AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THE PLATFORM APPLICATION TERMS OF USE ("APPLICATION USER TERMS") AND IN THESE TERMS OF USE. THE APPLICATION USER TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AT ANY TIME, IN GIZA’S SOLE DISCRETION, SO YOU SHOULD REVIEW THESE TERMS EACH TIME YOU INSTALL AN APPLICATION AND FROM TIME TO TIME. PLATFORM DEVELOPERS MAY REQUIRE YOU TO AGREE TO THEIR OWN TERMS OF SERVICE, PRIVACY POLICIES AND/ OR OTHER POLICIES AS A CONDITION OF USING PLATFORM APPLICATIONS. PLATFORM APPLICATIONS HAVE NOT BEEN APPROVED, ENDORSED, OR REVIEWED IN ANY MANNER BY GIZA, AND WE ARE NOT RESPONSIBLE FOR YOUR USE OF OR INABILITY TO USE ANY PLATFORM APPLICATIONS, INCLUDING THE CONTENT, ACCURACY, OR RELIABILITY OF SUCH APPLICATION AND THE PRIVACY PRACTICES OR OTHER POLICIES OF DEVELOPERS. 12. INDEMNIFICATION 12.1 You agree to indemnify, defend and hold harmless Giza from and against any and all loss, damages, claims, liabilities, expenses and costs, including, without limitation, regulatory penalties, attorneys’ fees and costs incurred by Giza in connection with any claim arising out of your use of the Website Services or any breach by you of the terms and conditions herein or due to infringement of the trademark, copyright or any other intellectual property rights of Giza or any other third party service provider and/or your violation of any other law whatsoever. 13. GOVERNING LAW 13.1 The Terms mentioned hereunder will be governed by and construed in accordance with the laws of India. The courts in Bangalore, Karnataka shall have sole and exclusive jurisdiction in respect of all matters arising herein. 14. DISPUTE RESOLUTION 14.1 Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, which cannot be amicably settled in a manner as envisaged hereinabove shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any modifications thereof. 14.2 The arbitral tribunal shall be composed of three arbitrators. Each party shall appoint one arbitrator each and the two arbitrators so appointed shall appoint the presiding arbitrator. 14.3 The place of arbitration shall be Bangalore and the proceedings shall be conducted in the English language. 14.4 The award of the arbitrator shall be final and conclusive and binding upon the Parties. 15. NO THIRD PARTY RIGHTS 15.1 Neither this Agreement nor any provision hereof is intended to confer upon any person or third party any rights or remedies hereunder, save and except the Parties to this Agreement. 16. SEVERABILITY 16.1 The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement. 17. NOTICES AND NOTIFICATIONS 17.1 Any notice or notification required to be given under the provisions of this Agreement must be in writing. Any notice required to be given is to be treated as properly given if the said notice is served by registered post or courier of repute at the address mentioned hereinabove or sent by electronic mail to us at the following address:
Giza Network Private Limited 18. FORCE MAJEURE 18.1 In no event shall Giza shall be considered in default in performance or its obligations under the terms of this Agreement, if such performance is prevented or delayed for any causes beyond its reasonable control including but not limited to power failure, network failure, war, hostilities, revolution, riots, civil commotion, strikes, lockouts, epidemic, fire, explosion, flood, earth-quake, act of God or any act of Government or any other cause beyond the control of Giza which could not have been foreseen or avoided. 19. WAIVER 19.1 The waiver of any breach or default of the terms of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. Any waiver of any provision of the Terms and Conditions herein will be effective only if in writing and signed by you and Giza. 20. ENTIRE AGREEMENT 20.1 You acknowledge having read the terms and conditions mentioned in this Agreement, and agree to be bound by its terms and further agree that it is binding between you and Giza, superseding all prior understandings and agreements, oral and/ or written entered into between us relating to the subject matter of this Agreement. The Privacy Policy outlined in this Website shall form part of this Agreement. 20.2 Giza reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems fit and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or such other third parties. 20.3 This Website is governed by this Agreement, the disclaimers and the Privacy Policy posted herein, which shall be read in conjunction with each other. In the event of any differences between the Agreement, disclaimers and the Privacy Policy, the terms and conditions of this Agreement shall prevail. |