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Terms And Conditions
Welcome to our website www.aispa.co.in This is the official website of the All India Speakasia Panelist Association (AISPA) If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs AISPA’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term “All India Speakasia Panelist Association” or ‘AISPA’ or 'us' or 'we' refers to the owner of the website i.e. AISPA whose registered office is in Mumbai. The term 'you' refers to the user or viewer of our website. 1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT: The Website provided by AISPA is provided to the User under the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by AISPA, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between a User and AISPA. 2. REGARDING WEBSITE: AISPA does not currently charge the User for the Website (though AISPA may do so at any time in the future). AISPA reserves the right to modify or discontinue, temporarily or permanently, the Website with or without notice to the User. The User agrees that AISPA shall not be liable to the User or any third party for any modification or discontinuance of the Website. 3. USER'S REGISTRATION OBLIGATIONS: The User must be at least eighteen (18) years old to register for the Website. In consideration of use of the Website, the User agrees to: (a) provide true, accurate, current, and complete information about the User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by the User ("Registration Data") is untrue, inaccurate, not current, or incomplete, AISPA has the right to terminate User's account and refuse any and all current and/or future use of the Website. The User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in AISPA’s sole discretion. The User will receive a designated password and account upon completing the registration process for the Website. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the User's account. The User agrees to immediately notify AISPA of any unauthorized use of the User's password or account or of any other breach of security. 4. USER CONTENT: AISPA considers all material posted anywhere on the website on various sections of this website including but not limited to forum, Blog or chat etc., to be the private submission of the person posting such material. The Association will not monitor, edit, the contents of a User's posts or submissions, except that the User agrees that AISPA may do so: (a) as required by law; (b) to comply with legal processes; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of AISPA. AISPA reserves the right to delete or disallow any posts by any user if AISPA feels such material is not fit to be available on this official website of AISPA. The User acknowledges that AISPA is not a “network service provider” under Section 79 of the Information Technology Act, 2000 and that the content posted to public community areas is publicly available and that AISPA does not take any responsibility for such content. However, AISPA reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation without referring to the user. The User acknowledges and agrees that AISPA does not endorse the content of any User communications and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another. 5. USER CONDUCT: The User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the website, and agrees not to interfere with the use and enjoyment of the website by other users. The User agrees to be solely responsible for the contents of the User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the website. The user further agrees that the user shall be liable for all of the User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the website. The user further undertakes that he shall comply with all the provisions of the Information Technology Act, 2000 and also all rules, regulations and notifications made there under. The User agrees: (a) not to use the Website for illegal purposes; (b) not to interfere with or disrupt the Website or servers or networks connected to the Website; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Website; (d) not to resell the Website or use of or access to the Website; and (e) to comply with all applicable laws regarding the transmission of technical data exported from India. The User agrees not to upload, post, email, or otherwise transmit through the Website: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. The User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Website. The User acknowledges and agrees that AISPA may ban the User from future use of the Website if the User does not comply with AISPA's standards of conduct. Furthermore, the User acknowledges and agrees that AISPA may recover damages from User if User violates these terms or any provisions of the Information Technology Act, 2000. Further, the user can be reported for his illegal conduct to the law enforcement agencies for appropriate action under the Information Technology Act, 200, India Penal Code and such other laws as may be applicable. If in case the User comes to know of any of the above acts being done by another User or any of the provisions of this Agreement being violated by another user, then the User shall be under an obligation to inform AISPA of such acts or violations so that appropriate action in this regard can be taken by AISPA. 6. INDEMNITY: The User agrees to indemnify and hold AISPA, and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Website, User's connection to the Website, User's violation of this Agreement, or User's violation of any rights of another party. 7. STORAGE OF COMMUNICATIONS: AISPA assumes no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Website. AISPA may establish in its sole discretion an upper limit on the extent of message storage it will maintain for the User. 8. TERMINATION: (a) The User agrees that AISPA, may terminate the User's password, account, or use of the Website if AISPA, believes: (i) that the User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that the User has violated the rights of AISPA, or their third party service providers or other Users or parties. The User further agrees that AISPA may terminate the User's password, account, or use of the Website if the User a.) fails to use, the Website, at least one time within ten (10) days after initial registration (the "Initial Period"); or b.) fails to use the Website at least one time during any consecutive 60-day period following the Initial Period. (b) The User agrees that AISPA may immediately delete the User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Website under any provision of this Agreement. The User also acknowledges and agrees that termination of any of the Website may be effected without prior notice. 9. LINKS: The Website may provide, or users may include in email or community postings, links to other Web sites or resources. However, the User agrees not to include in email or community postings (or elsewhere via the Website) any "deep link" which leads to a web page, other than the home page, of another party's web site unless such a link is authorized by the owner of that web site. The User acknowledges and agrees that AISPA is not responsible for the availability of such external sites or resources, or for the User's use of deep links, and that AISPA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 10. AISPA’s PROPRIETARY RIGHTS: The User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to the User through the Website or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by AISPA, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization. 11. DISCLAIMER OF WARRANTIES: a) THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THE USER'S SOLE RISK. THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. b) AISPA MAKES NO WARRANTY THAT THE WEBSITE WILL MEET THE USER'S REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. c) THE USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE WEBSITE IS OBTAINED AT THE USER'S OWN DISCRETION AND RISK, AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. d) AISPA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM AISPA OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 12. LIMITATION OF LIABILITY: THE USER AGREES THAT AISPA, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. THE USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AISPA BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH THE INDIAN COPYRIGHT ACT. IN NO EVENT SHALL AISPA BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF Rs.100/-. 13. AMENDMENT: AISPA may modify this Agreement at any time, and such modifications shall be effective immediately upon posting and continued access or use of the Website shall be deemed to be the User's conclusive acceptance of the modified Agreement. 14. GENERAL AISPA's third party service providers are intended beneficiaries of this Agreement. This Agreement and the relationship, between User and AISPA shall be governed by the laws of INDIA without regard to its conflict of law provisions. User, AISPA, agree to submit to the personal and exclusive jurisdiction of the courts located within MUMBAI. The failure of AISPA and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred.
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