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Terms, Conditions of Use and Warranties of the Virtual India Site
Please read the following information carefully.

Virtual India is the on-line web site produced, owned and operated by Virtual Communities Inc. ("VCI") on the World Wide Web (the "Virtual India Site"). The Virtual India Site includes content, information and services provided by VCI and third parties. By using the Virtual India Site, the user agrees to comply with all the following terms and conditions of use.

1. The Virtual India Site contains proprietary information and copyrighted material and trademarks, including text, photos, video, graphics, music and sound. The selection and arrangement of such content, as well as specific content on the Virtual India Site are considered proprietary by VCI.

2. VCI also provides content and services supplied by third parties over which it has no editorial or other control. Opinions, statements, services, offers, or other information offered by third parties on the Virtual India Site are those of the respective third party and not of VCI. VCI neither endorses nor is responsible for the accuracy or reliability of any opinion or statement made on the Virtual India Site by anyone other than authorized VCI or its subsidiaries employees acting in their official capacities. Under no circumstances will VCI be liable for any loss or damage caused by a user's reliance on information obtained through the Virtual India Site. It is the responsibility of user to evaluate the accuracy of any information, opinion, offer or other content on the Virtual India Site.

3. Although the Virtual India Site is accessible worldwide, not all services and products are available to persons in all geographic locations or jurisdictions. VCI reserves the right to limit the availability of any services or products to any person, geographic area or jurisdiction it desires. Any offer for any product or services on the Virtual India Site is void where prohibited by law.

4. The user may download material on the Virtual India Site for his personal use only. In no event may the user transmit, modify, publish, sell, or in any way commercially exploit any of the content on the Virtual India Site. Except as permitted under law, the user may not copy, publish or use material on the Virtual India Site without the express permission of VCI. In the event material is downloaded and/or copied, no changes shall be made in the trademark, copyrights or attribution of users. The user does not acquire any ownership rights by downloading material located on the Virtual India Site.

5. The user shall not place in the Guestbook or on any other area of the Virtual India Site any material which infringes upon or violates the rights of others, is unlawful, threatening, defamatory, obscene, profane or otherwise objectionable, gives rise to civil liability or otherwise violates any law. Neither may a user place material which, in the absence of a written agreement with VCI, contains advertising of products or services or any kind of commercial solicitation. VCI shall not permit conduct which restricts or inhibits any other user from using or enjoying the Virtual India Site and shall have the right in its sole discretion to edit or remove any material submitted to or posted on the Virtual India Site that VCI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Users agree that Guestbook submissions may be used by VCI for marketing purposes and that users email address may be used by VCI for the pupose of contacting the user for maketing its sites or other purposes. Users agree to allow VCI to track, record and maintain statistics related to visitors on its web sites, including but not limited to, the source of users' entry to the site(s) and navigation throughout the site.

6. In the event the user submits material to the Virtual India Site, he/she also grants VCI the right to edit, copy, publish and distribute such material and warrants that either he/she, or the owner of such material, has expressly granted VCI a royalty- free, worldwide, perpetual, non-exclusive right and license to use and distribute such material. Material which is protected by copyright, trademark or other proprietary right may not be uploaded on the Virtual India Site without the express permission of the owner of that copyright, trademark or other proprietary right. The user shall have the burden of determining that any material is not protected by the same. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

7. A user who has registered on the Virtual India Site is responsible for his/her registration name and/or password, for ensuring that use of the same complies with the terms herein and for protecting their confidentiality. The user is also responsible for obtaining and maintaining all computer and communications equipment required for access to and use of the Virtual India Site.

8. The user understands that VCI may, at any time, change or discontinue any feature of the Virtual India Site, including content, availability, equipment needed for access to the Virtual India Site, the terms and conditions applicable to the Virtual India Site or any part thereof. VCI may also impose conditions, including registration, fees and charges, for the use of some portions of the Virtual India Site which shall be effective immediately upon notice thereof on the Virtual India Site or by email to the user. Any use of the Virtual India Site after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.

9. The provisions herein are for the benefit of VCI and its third party content providers and licensors, and any assignees of the same, and each shall have the right to assert and enforce such provisions.

Neither VCI nor any of its employees, third party content providers or licensors warrant to the accuracy or reliability of any content, information, service, or merchandise provided through the Virtual India Site, that the Virtual India Site will be uninterrupted or error free. The Virtual India Site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. User expressly agrees that use of the Virtual India Site is at the user's sole risk.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that VCI is not liable for the defamatory, offensive or illegal conduct of other users and that the risk of injury from the foregoing rests entirely with the user. In no event will VCI or any person or entity involved in producing or distributing the Virtual India Site be liable for any damages, including, without limitation, direct, indirect, special, consequential or punitive damages arising out of the use of or inability to use any of the content on the Virtual India Site.

User agrees to indemnify and hold harmless VCI, its affiliates, if any, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Virtual India Site by the user.

 


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