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.