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Welcome to Indiaclickfind.com an online classified service, with services and products available on internets http://indiaclickfind.com and all related domains and subdomains are online properties of indiaclickfind.com headquarted in Nagpur, Maharastra state (INDIA).
By giving the advertisement in indiaclickfind.com and viewing the content of indiaclickfind.com and downloading its pages, you agree to abide by the policies contained in this Agreement.
From time to time, we may make changes to this agreement or addendum(s). Continuing to use the service after we made these changes means that you agree to the changes.
These terms and conditions, together with those appearing in the agreement executed by the parties, represent the Advertising Agreement ("Agreement") between indiaclickfind.com and you and any advertising agency acting on your behalf (jointly and severally know as "Advertiser"). By submitting advertising to indiaclickfind.com under the agreement, Advertiser accepts the agreement and agrees to be bound by all these terms and conditions. The acceptance by indiaclickfind.com of any agreement is conditional upon Advertisers agreement to these terms and conditions.
This order and the rights and obligations hereunder are personal to Advertiser and may not be assigned to another party without the prior written consent of indiaclickfind.com, to be granted or not to be granted in, indiaclickfind.com sole and absolute discretion.
As used in this Agreement :
"Advertised Materials" and Created advertising material for publication by indiaclickfind.com the shall mean advertising copy, trademarks, logos, slicks, graphics or other content provided by Advertiser for Advertiser pursuant to instructions in the agreement. "Materials" shall refer to both Advertiser Materials and Created Materials.
1. Indiaclickfind.com Services :
In exchange for Advertisers performance of this Agreement, indiaclickfind.com agrees to publish materials in the term specified in the agreement and at the rates set forth in the agreement.
2. Indiaclickfind.com right to alter materials :
Indiaclickfind.com reserves the right to alter any advertising material in order for the material to conform to its current mechanical specifications. The rates stated in the Agreement shall remain the same upon a reduction in the size of any advertisement as long as the advertisement maintains the same proportion of the entire page.
3. Costs for Advertisements :
Advertiser shall pay full cost of advertisement along with order form and cheque drawn in favour of Indiaclickfind.com.
Advertiser shall be liable for all costs incurred Publisher, including but not limited to attorneys fees and expenses, in collecting past due accounts and in defending any and all claims asserted in the action.
Advertisement or website package once reserved cannot be cancelled and no amount will be refunded for cancellation.
Any government taxes/levies will be charges extra in any.
Indiaclickfind.com is not liable for any delay for publication of advertisement due to the circumstances beyond control i.e. the circumstances like natural calamities or any mechanical, electronic, communication failure or any failure or supplier.
4. Minors use of site :
Anyone under the age of 13 should not provide personally identifiable information through this Web Site. Indiaclickfind.com will not knowingly request personally identifiable information from anyone under the age of 13 without first obtaining verifiable parental consent. If it comes to our attention that an Advertiser or registered user of the web site is under the age of 13, indiaclickfind.com will remove from its files all personally identifiable information about that person. Please not that this web site may link to other web sites that we may or may not maintain, which may have their own privacy and data collection policies and practices. Advertiser should check the applicable privacy policies of those linked web sites when providing personally identifiable information through such web sites.
5. Disclaimers :
Advertiser agrees that no representations of any kind have been made to Advertiser by indiaclickfind.com or by any of its agents and that no understanding has been made or agreement entered into other than as set forth herein.
Indiaclickfind.com reserves the right to alter any advertising material in order for the material to conform to its current mechanical specifications. The rates stated in the Agreement shall remain the same upon a reduction in the size of any advertisement as long as the advertisement maintains the same proportion of the entire page.
Reasonable care is taken after completion of our online directories or your website design, hosting, including the site content on Indiaclickfind.com. However the site content is provided "As it is" and Indiaclickfind.com makes no warranty as to the information is complete up to date or without any error or omission free.
6. Advertisers legal compliance, warranty and indemnification :
Advertiser shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Advertisers use of Indiaclickfind.coms service and bidding on, listing, purchasing, solicitation of offers to purchase, and sale of items. Advertiser and Advertising Agency, if applicable, jointly and severally represent and warrant that (a) any and all materials submitted to Indiaclickfind.com is accurate and original, does not violate any law or contract or infringe the copyrights, trademarks, trade names, patents or other intellectual property rights of any person, does not constitute unfair competition and contains no matter which is libelous, an invasion or privacy or publicity, an unlawful appropriation of any name or likeness or is otherwise injurious to the rights of any person; and each of Advertiser and Advertising Agency, if applicable, either owns the materials or has obtained all necessary consent for publication prior to submission to Indiaclickfind.com. Advertiser and Advertising Agency, if applicable, jointly and severally agree to defend, indemnify and hold Indiaclickfind.com and its affiliates harmless from and against all damages to the liabilities resulting from or relating to demands, claims, actions or causes of action, assessments or other losses, costs and expenses (including attorneys fees) relating thereto (b) Advertiser and Advertising Agency, if applicable, and Advertised Materials will at all times comply with Indiaclickfind.coms advertising standards as the exist from time to time (c) the materials will at all times comply with all applicable laws and will not include any advertising of alcohol or tobacco products, (d) the Materials are not false, deceptive, or misleading and do not solicit and legal act (e) any fees which may become due to third parties as a result of publication of the Materials have been or will be paid by the Advertiser. Advertiser agrees to indemnify and hold harmless Indiaclickfind.com from and against any and all liability, loss, claims, damages, costs and/or actions (including attorneys fees) based upon or arising out of or relating to any breach of these warranties, or the transmission of the Materials, or arising from the products or services advertised in the Materials. Indiaclickfind.com reserves the right to defends any such claim, and advertiser agrees to provide Indiaclickfind.com with such reasonable cooperation and information as it may request.
7. Ownership of material and technology :
Advertiser Materials is the sole owner of all right, title, and interest in and to the Advertiser Material whether in its original form or its encoded form.
Created Materials, Subject to Advertiser ownership of the Advertiser Materials, all right, title, and interest in and to the Created Materials is owned by Indiaclickfind.com provided Indiaclickfind.com grants Advertiser a nontransferable, worldwide, perpetual, fully paid up license to use, publicly display, distribute or modify the Created Materials for advertiser activities in any non streaming media format or at any time on Indiaclickfind.com
Indiaclickfind.coms technology : Indiaclickfind.com is the sole owner of all right, title and interest in and to the computer programs, materials, processes and other technology developed or used by or for Indiaclickfind.com in connection with the publication of the Materials and the provision of services and all copyrights, patents and other intellectual property rights therein.
8. Indiaclickfind.com limitation of liability :
Indiaclickfind.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITAION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES.
Indiaclickfind.com MAKES NO WARRANTY AS TO THE NUMBER OF VIEWINGS THE MATERRIALS WILL RECEIVE OR THE BENEFIT TO THE ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Indiaclickfind.com BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITAION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT, EVEN IF Indiaclickfind.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE OF SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITAION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ADVERTISER. INDIACLICKFIND SHALL HAVE NO LIABILITY FOR ERRORS OR OMISSIONS OR DELAYS IN PROVIDING THE SERVICES OR PUBLISHING THE MATERIALS. ADVERTISERS SOLE REMEDY FOR A BREACH BY Indiaclickfind.com SHALL BE TO HAVE Indiaclickfind.com RERUN THE PUBLICATION OF THE MATERIALS AT THE NEXT AVAILABLE TIME. ANY CLAIMS MUST BE PRESENTED IN WRITING BY ADVERTISER WITHIN 2 MONTHS AFTER THE OCCURENCE OF THE EVENT GIVING RISE TO THE CLAIM OR THEY ARE WAIVED BY THE ADVERTISER. IN NO EVENT AND OTHER NO THEORY OF LAW SHALL Indiaclickfind.com LIABILITY FOR ANY ACT OR OMISSION OR BREACH OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE ADVERTISER FOR THE SEVICES GIVING RISE TO THE CLAIM. ADVERTISER ACKNOWLEDGES Indiaclickfind.com RELIES OF THIS LIMITATION OF LIABILITY AND THAT ADVERTISERS AGREEMENT TO THESE LIMITATIONS IS AN ESSENTIAL BASIS FOR THE BARGAIN REPRESENTED BY THIS AGREEMENT.
9. Advertiser License :
Advertiser grants Indiaclickfind.com a perpetual, nonexclusive, worldwide, royalty free license to use, perform, encode, publicly display, transmit and distribute the Material and Advertiser Trademarks and logos as necessary to perform this Agreement, and grants any person or entity accessing the Materials through Indiaclickfind.com the right to access. Advertiser grants Indiaclickfind.com a perpetual, nonexclusive, worldwide, royalty free right to use the Materials in portfolio or showcase sections of Indiaclickfind.coms website and for achieving purposes. Indiaclickfind.com reserves the right to publicize the Materials in its marketing and PR documents. These documents include print and online project treatments and press releases.
10. Indiaclickfind.com right to reject, remove and terminate :
Submission of an advertisement to Indiaclickfind.com does not constitute a commitment by Indiaclickfind.com to publish the advertisement. Advertiser acknowledges that the terms and conditions set forth in this agreement shall apply to all advertising orders unless such terms and conditions are modified, superseded or otherwise altered by a written instrument signed by an authorized representative of Indiaclickfind.com, the terms and conditions set forth in this agreement shall prevail over any inconsistent terms and conditions set forth in any order or contract form of any Advertiser ; agreements containing disclaimers are not acceptable and are not legally binding or valid.
Indiaclickfind.com has the right, in its sole and absolute discretion, to reject and refuse to publish any advertisement or any portion thereof. Indiaclickfind.coms publication of an advertisement shall not affect its right to reject such advertisement thereafter.
Indiaclickfind.com has the right, in its sole and absolute discretion, to remove from publication any Advertiser Materials that Indiaclickfind.com determines should not be published.
Indiaclickfind.com may terminate this Agreement at any time without notice Any advance payments received by Indiaclickfind.com for publication of materials that does not take place shall be refunded to Advertiser within 30 days of termination.
11. Advertisers restricted activities :
Advertisers information (or any items listed) and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfit, or stolen items; (c) infringe any third partys copyright, patent, trademark, trade secret or other propriety rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, determentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for Indiaclickfind.com or cause Indiaclickfind.com to lose (in whole or in part) the services that (1) are prohibited under this Agreement; (2) are identical to the other items the Advertiser has up for auction but are priced lower than the Advertisers item reserve or minimum bid amount; (3) are concurrently listed for sale on a website other than the site or (4) the Advertiser does not have a right to link to or include. Furthermore, the Advertiser may not list any item on the site (or consummate any transaction that was initiated using Indiaclickfind.coms service) that, by paying to Indiaclickfind.com the applicable fees, could cause Indiaclickfind.com to violate any applicable law, statute, ordinace or regulation, or any of Indiaclickfind.coms applicable policies, guidelines or rules.
12. Advertisers and site viewers conduct :
Advertiser agrees not to use the site to: (a) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, Indiaclickfind.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origion of any content through the site; (e) upload, pos, email or otherwise transmit any content that the Advertiser does not have the right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as a part of employment relationships or under nondisclouser agreements); (f) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights or any party; (g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; (h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) disrupt the normal flow of dialogue, causes a screen to "scroll" faster than other users of the site are able to type, or otherwise act in a manner that adversely affects other users ability to engage in real time exchanges; (j) interfere with or disrupt the requirements, procedures, policies or regulations of networks connected to the service; (k) intentionally or unintentionally violate any applicable local, state, federal or international law; (l) "stalk" or otherwise harass another; or (m) collect or store personal data about others in violation of any law, statute, ordinance or regulation, or any of Indiaclickfind.coms applicable policies, guidelines or rules.
13. No agency :
Advertiser and Indiaclickfind.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14. General provision:
This Agreement together with the order represent the entire agreement between the parties relating to the publication of Materials and the Services. No conditions, printed or otherwise, appearing in the agreement, purchase orders, receipts or acknowledgements will be binding on Indiaclickfind.com no modification to the agreement shall be effective unless signed by both parties. Notices shall be delivered to the address and party representative specified in the agreement. Advertiser may not assign this agreement without the consent of Indiaclickfind.com. This agreement shall inure to the benefit of the parties successors and permitted assigns. If any provisions of this agreement are determined to be void or unenforceable the remaining provisions shall be of full force and effort. This agreement shall be governed by the Laws of India. Any litigation or other dispute resolution between the parties relating to this Agreement shall take place in jurisdiction Nagpur.
15. Personal information:
To avoid the misuse of or any fraudulent actions, Indiaclickfind.com strongly Advises and Recommends that any Advertiser or Member should refrain from passing any personal information over the Internet. In no event will Indiaclickfind.com be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever arising out of or in connection with this Agreement and any personal information that has been transferred.
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