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Terms of Use & Listing Policy
Please carefully read the following Terms of Use and Listing Policy before using the site iJiny.com. By accessing and using the services of this site you agree to be bound by the Terms of Use and Listing Policy. If you do not agree to be bound by the terms of use, please do not access or use the site.
TERMS OF USE
Use of iJiny
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or to the Content in any manner whatsoever. You agree not to add to, subtract from, or otherwise modify or delete the Content, or access or make an attempt to access any Content that is not intended for You, except as provided in this Terms of Use. You agree not to use the Site in any manner that might interfere with the rights of third parties. You may use this Site and any information hosted and/or posted on the Site but not limited to writings, comments, images and/or other work, document or information that You see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for Your personal purpose.
Modifications to this agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this Site or to particular content are also considered as Terms of Use.
Content
The Site contains content which includes Your Information, iJiny's information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), iJiny's copyrights or trademarks. When you give us any content as part of Your Information, you are granting us a non-exclusive, nationwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such content (in whole or part) nationwide through the Site. We need these rights with respect to the content in Your Information in order to host and display your content. We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party's rights.
Third Party Content, Sites, and Services
The iJiny site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of iJiny, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that iJiny shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that iJiny is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Ijiny, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Privacy and Information Disclosure
iJiny has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: iJiny.com Privacy Policy.
Your use of the iJiny website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that iJiny may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of iJiny, its users or the general public.
You agree and understand that iJiny.com is an internet enabled electronic platform that facilitates communication for the purposes of advertising and distributing information pertaining to goods and/ or services. You further agree and under stand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to or completed intended sale, purchase of any goods or services or exchange of information. We recommend that you read our Safety tips before doing any activity on our site.
While making use of iJiny classifieds and other services such as the comments and feedback and other services inter-alia, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this Terms of Use including the policy for listing of your Classified which shall not violate the prohibited and restricted items policy (herein after referred to as the Prohibited Classifieds Policy.) The Prohibited Classifieds Policy shall be read as part of this Terms of Use and is incorporated in this Terms of Use by way of reference:
Your Information is defined as any information you provide to us or other users of the Site during the registration, posting or listing process of classifieds, in the feedback area (if any), or in the course of using any other feature of the Services. You agree that you are the lawful ownership having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information.
You agree that your listing, posting, and/or information:
shall "not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to 'list" which do not belong to you or you do not have the authority for
shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;
shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party;
shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms;
shall not distribute viruses or any other technologies that may harm iJiny or the interests or property of iJiny users or impose an unreasonable load on the infrastructure or interfere with the proper working of iJiny;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate iJiny's Listing Policy.
Conduct and Termination of Service
Your Conduct will be evaluated at iJiny's sole discretion. You here by agree not to
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by iJiny;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum;
attempt to gain unauthorized access to iJiny's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the iJiny website; or
use any form of automated device or computer program that enables the submission of postings on iJiny without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
You agree that iJiny, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if iJiny believes that you have acted inconsistently with the letter or spirit of the Terms Of Use. Further, you agree that iJiny shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Limitations on Service
You acknowledge that iJiny may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that iJiny has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that iJiny reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that iJiny shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer
ANY USE OF THE SITE AND ANY USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, LEGITIMACY, VALIDITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE CONTENT, INFORMATION OR MATERIAL DISPLAYED ON THE SITE. THE SITE (INCLUDING ALL CONTENT HEREIN) ARE PROVIDED "AS IS" AND ARE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND ANY CONTENT HOSTED ON IT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ANY WARRANTIES FOR ANY CONTENT, INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
Limitations of Liability
IN NO EVENT SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE SITE OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE SITE.
The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
Indemnity
You shall indemnify, defend and hold us harmless, and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at are own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Our prior written consent.
Violation of Terms of Use
You agree that in the event your listing, posting or your information violates any provision of this Terms of Use or the Prohibited Classified Policy, we shall have the right to terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.
This Terms of Use and the Prohibited Classfieds Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.
LISTING POLICY
For using iJiny, you confirm and declare that you shall not list or post or provide information in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the Prohibited Classifieds Policy listed below.
We specifically prohibit any listing or posting of classifieds or information in relation to the following items
I. Sexual Content
Prostitution or any other
service in the nature there of that purports to violate the provisions
of Immoral Act or Indecent representation of women which violates the
contemporary standards of morality and decency in Indian society.
Mature Audiences Policy includes
films which do not have a certificate for public exhibition issued by
the Central Board of Film Certification and or described and depict
or otherwise deal with matters which are revolting or repulsive and
or tend to deprave a persons mind in such a way that they tend to offend
against the standards of morality, decency and propriety generally accepted
by reasonable adults
Alcoholic Beverages, Liquor,
tobacco products, drugs, psychotropic substances, narcotics, intoxicants
of any description, medicines, palliative/curative substances nor shall
you provide link directly or indirectly to or include descriptions of
items, goods or services that are prohibited under any applicable law
for the time being in force including but not limited to the Drugs and
Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements)
Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian
Penal Code, 1860.
Obscene Items includes items
which contain an indecent representation of women within the meaning
of the Indecent Representation of Women (Prohibition) Act, 1986; Any
publication or film or item that describes or depicts a minor who is,
or who appears to be, under 18 (whether the minor is engaged in sexual
activity or not) and any computer games not suitable for minor that
are unsuitable for a minor to see or play.
Offensive Material intended
for use in a sexual setting (including "bondage" and "fetish"
items,) displaying sexual activity or portraying human genitalia in
a "life-like", realistic, and/or animated fashion.
II. Other Prohibited Items
Living, dead creatures and/or
the whole or any part of any animal which has been kept or preserved
by any means whether artificial or natural including rugs, skins, specimens
of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs,
nests, other animal products of any description the sale and purchase
of which is prevented or restricted in any manner by applicable laws
(including those prohibited under The Wildlife Protection Act, 1972
and/ or The Environment Protection Act, 1986)
Living, dead person and/or
the whole or any part of any human which has been kept or preserved
by any means whether artificial or natural including any blood, bodily
fluids and/ or body parts.
Religious items, including
books, artifacts, etc. or any information, description of any such item
that is likely to affect the religious sentiments of any person or group.
"Antiquities" and
"Art Treasures" in violation of the provisions of the Antiquities
and Art Treasures Act, 1972 ("the Act")
Counterfeit, Pirated and stolen
goods or unauthorized illegal services (services for which you are not
licensed or permitted to do or do not have the authority to under take).
Items, goods and services
that infringe or attempt to pass off any third parties intellectual
property or rights of publicity or moral rights and or purports’ to
breach any persons right to privacy.
Information or items those
are defamatory, libelous, threatening or abusive in nature
Information that is fraudulent,
misrepresenting as to the nature and use of the goods or the services.
Your information shall not
include any hate content, that is derogatory or slanderous in nature
that may directed to any individual or group or advocate violence against
any users individuals and or animals.
Electronically transmitting
through any medium computer viruses of any type or any computer program
that facilitates hacking of a computer system which the intent to damage
a computer or computer network or intercept any personal data.
Hazardous chemicals and pesticides
and/ or items in violation of Hazardous Chemicals Act, 1985.
Fireworks, Destructive Devices
and Explosives including any material that enables the making of fireworks,
explosive triggers and explosive devices.
Identity Documents, Personal
Financial Records & Personal Information (in any form, including
mailing lists)
Lottery Tickets, Sweepstakes
Entries and Slot Machines
Items in violation of the
Food Adulteration Act, 1954
Military or Police Badges,
Uniforms, coats-of-arms and or any Government emblems, insignia, and/
or items in violation of Emblems and names (Prevention of improper use)
Act, 1950 and/ or Flag Codes of India Act, 2002
Weapons and related items
(such as firearms, firearm parts and magazines, ammunition, tear gas,
stun guns, switchblade knives or any other item which is prohibited
under the Indian Arms Act, 1959.
"Securities" within
the meaning of the Securities Contract Regulation Act, 1956, including
shares, bonds, debentures, etc. and/or any other financial instruments/assets
of any description.
Exceptions to prohibited live creatures policy (as described in "Other Prohibited Items" above)
The listing for sales of the following items is permitted:
Cats and Dogs unless exotic.
Aquarium or pond fish, snails
or similar creatures.
Live insects, crickets and
worms used as bait or feeder food for pets.
Violation of Listing Policy
Users who violate the prohibited items policy and or the restricted items policy may be subject to the following actions
Suspension or termination
of membership.
Permanent blocking of access
to the site
Reporting to Law Enforcement
or Appropriate Authorities.
Terms of Use & Listing Policy Changes and Acceptance
The Terms of Use and Listing Policy described above are effective as of January 1, 2008. By using our Site and its services, you signify your acceptance of our Terms of Use and Listing Policy. If you do not agree or are not comfortable with any policy described in the Terms of Use and Listing Policy, you may discontinue use of our Site. We reserve the right to modify the Terms of Use and Listing Policy at any time. Your continued use of any portion of our Site following notification or posting of such changes will constitute your acceptance of these changes.
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