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PRIVACY
AND PROTECTION OF PERSONAL INFORMATION
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MEMBER
ACCOUNT, PASSWORD, AND SECURITY
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If a particular banglalive Service
requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate
information as prompted by the applicable registration form.
You then will choose a password and an user name. You are entirely
responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree
to notify Celcius immediately of any unauthorized use of your
account or any other breach of security. Celcius will not be
liable for any loss that you may incur as a result of someone
else using your password or account, either with or without
your knowledge. However, you could be held liable for losses
incurred by Celcius or another party due to someone else using
your account or password. You may not use anyone else's account
at any time, without the permission of the account holder. |
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MODIFICATION
OF THESE TERMS OF USE |
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| Celcius reserves the right to change
the terms, conditions, and notices under which the banglalive
Site/Services are offered, including but not limited to
the charges associated with the use of the banglalive
Site/Services. You are responsible for regularly reviewing
these terms and conditions and additional terms posted
on particular websites. Your continued use of the banglalive
Site/Services constitutes your agreement to all such terms,
conditions, and notices. |
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PERSONAL
AND NON-COMMERCIAL USE LIMITATION
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Unless otherwise specified, the banglalive
Site/Services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from the banglalive Site/Services. |
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USE OF
SERVICES |
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The banglalive Site/Services may contain e-mail services,
bulletin board services, chat areas, forums, communities,
calendars and/or other message or communication facilities
designed to enable you to communicate with others (collectively,
"Communication Services"). You agree to use the
Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related
to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
- Use the Communication Service in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
- Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto
or have received all necessary consents to do the same.
- Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service
specifically allows such messages.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of
the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
- Use, download or otherwise copy, or provide (whether or
not for a fee) to a person or entity any directory of users
of an banglalive Site/Service(s) or other user or usage
information or any portion thereof.
Celcius has no obligation to monitor the Communication Services.
However, Celcius reserves the right to review materials posted
to a Communication Service and to remove any materials in
its sole discretion. Celcius reserves the right to terminate
your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever.
Celcius reserves the right at all times to disclose any information
as Celcius deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials,
in whole or in part, in Celcius's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Celcius does not control or endorse the content,
messages or information found in any Communication Service
and, therefore, Celcius specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Managers and hosts are not authorized Celcius spokespersons,
and their views do not necessarily reflect those of Celcius.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination,
you are responsible for adhering to such limitations if you
download the materials.
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NO UNLAWFUL
OR PROHIBITED USE
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| As a condition of your use of the banglalive
Site/Services, you will not use the banglalive Site/Services
for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the banglalive Site/Services
in any manner which could damage, disable, overburden, or impair
any banglalive Site/Service(s) (or the network(s) connected
to any banglalive Site/Service(s)) or interfere with any other
party's use and enjoyment of any banglalive Site/Service(s).
You may not attempt to gain unauthorized access to any banglalive
Site/Service, other accounts, computer systems or networks connected
to any banglalive Site/Service, through hacking, password mining
or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the banglalive Site/Services. |
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SOFTWARE
AND CONTENT AVAILABLE THROUGH THE BANGLALIVE SITES/SERVICES
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All content and software (if
any) that is made available to view and/or download
in connection with the banglalive Site/Services, excluding
content and/or software that may be made available by
end-users through a Communication Service, ("Software")
is owned by and is the copyrighted work of Celcius Corporation
and/or its suppliers and is protected by copyright laws
and international treaty provisions. Your use of the
Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included
with the Software ("License Agreement"). You
may not install or use any Software that is accompanied
by or includes a License Agreement unless you first
agree to the License Agreement terms.
For any Software not accompanied
by a license agreement, Celcius Technologies hereby
grants to you, the user, a revocable personal, non-transferable
license to use the Software for viewing and otherwise
using the particular banglalive Site/Service in accordance
with these Terms of Use, and for no other purpose provided
that you keep intact all copyright and other proprietary
notices. Any reproduction or redistribution of the content
and/or Software is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. You acknowledge that the Software, and any
accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations
of India. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject
to Indian export restrictions.
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MATERIALS
PROVIDED TO CELCIUS OR POSTED AT ANY BANGLALIVE
WEB SITE
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Celcius does not claim ownership of the materials
you provide to Celcius (including feedback
and suggestions) or post, upload, input or
submit to any banglalive Site/Service or its
associated services for review by the general
public (each a "Submission" and
collectively "Submissions"). However,
by posting, uploading, inputting, providing
or submitting your Submission you are granting
Celcius, its affiliated companies and necessary
sublicensees permission to use your Submission
in connection with the operation of their
Internet businesses including, without limitation,
the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission;
and to publish your name in connection with
your Submission.
No compensation will be paid with respect
to the use of your Submission, as provided
herein. Celcius is under no obligation to
post or use any Submission you may provide
and Celcius may remove any Submission at
any time in its sole discretion.
By posting, uploading, inputting, providing
or submitting your Submission you warrant
and represent that you own or otherwise
control all of the rights to your Submission
as described in this section including,
without limitation, all the rights necessary
for you to provide, post, upload, input
or submit the Submissions.
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LINKS
TO THIRD PARTY SITES
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The banglalive
Site/Services may contain links to
third party Web sites ("Linked
Site"). The Linked Site are not
under the control of Celcius and Celcius
is not responsible for the contents
of any Linked Site, including without
limitation any link contained in a
Linked Site, or any changes or updates
to a Linked Site. Celcius is not responsible
for webcasting or any other form of
transmission received from any Linked
Site nor is Celcius responsible if
the Linked Site is not working appropriately.
Celcius is providing these links to
you only as a convenience, and the
inclusion of any link does not imply
endorsement by Celcius of the site
or any association with its operators.
You are responsible for viewing and
abiding by the privacy statements
and terms of use posted at the Linked
Site.
Any dealings with
third parties (including advertisers)
included within the banglalive Site/Services
or participation in promotions, including
the delivery of and the payment for
goods and services, and any other
terms, conditions, warranties or representations
associated with such dealings or promotions,
are solely between you and the advertiser
or other third party. Celcius shall
not be responsible or liable for any
part of any such dealings or promotions.
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USE
OF CELCIUS TRAVEL AGENTS
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The Celcius
Travel Agent feature of this
Web site is provided solely
to assist customers in determining
the availability of travel-related
goods and services and to make
legitimate reservations or otherwise
transact business with service
providers, and for no other
purposes.
You warrant
that you are at least 18 years
of age and possess the legal
authority to enter into this
agreement and to use this Web
site in accordance with all
terms and conditions herein.
You agree
to be financially responsible
for all of your use of this
Web site (as well as for use
of your account by others, including
without limitation minors living
with you). You agree to supervise
all usage by minors of this
Web site under your name or
account. You also warrant that
all information supplied by
you or members of your household
in using this Web site is true
and accurate. Without limitation,
any speculative, false or fraudulent
reservation or any reservation
in anticipation of demand is
prohibited.
You agree
that the travel services reservations
facilities of this Web site
shall be used only to make legitimate
reservations or purchases for
you or for another person for
whom you are legally authorized
to act. You understand that
overuse or abuse of the travel
services reservation facilities
of the Web site may result in
you, being denied access to
such facilities.
Separate
terms and conditions will apply
to your reservation and purchase
of travel-related goods and
services that you select. You
agree to abide by the terms
or conditions of purchase imposed
by any service provider with
whom you elect to deal, including,
but not limited to, payment
of all amounts when due and
compliance with all rules and
restrictions regarding availability
of fares, products, or services.
You shall be completely responsible
for all charges, fees, duties,
taxes, and assessments arising
out of the use of this Web site.
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LIABILITY
OF CELCIUS FOR BOOKINGS AND CANCELLATIONS |
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Celcius
relies upon its service
providers and service
partners for confirmation
of bookings and confirmation
of cancellations. Celcius
and its affiliates do
not assume any liability
for any direct, indirect,
punitive, incidental,
special, or consequential
damages for any injury,
damage, loss or delay
due to any act or omission
of any hotel, airline,
agency, supplier, service
provider or person participating
in providing goods and/or
services on or through
this website. In no event
shall Celcius, its employees,
consultants, affiliates,
and/or service providers
be responsible and/or
liable for any direct,
indirect, punitive, incidental,
special, or consequential
damages arising out of
or in any way connected
with
- errors
in service, inadequacies
of service and/or inaccuracies
or inadequacies in bookings,
confirmations and cancellations
made using this web
site;
- overcharging,
double charging and
or any errors in charges
debited to credit cards
used to book tickets,
make reservations and/or
avail of any services
on this website;
- bookings,
confirmations and or
cancellations made through
this web site;
- delay
or inability to book,
confirm and/or cancel
using this website;
- any
information, software,
products, and services
obtained through this
web site;
or
otherwise, in any manner
whatsoever, arising out
of the use of this web
site whether based on
contract, tort, strict
liability or otherwise,
even if Celcius, its employees,
consultants, affiliates,
and/or service providers
have been advised of the
possibility of damages.
Separate
terms and conditions,
imposed either by Celcius,
its agents and/or service
partners will apply to
your reservation and purchase
of travel-related goods
and services that you
select. You agree to abide
by the terms or conditions
of purchase imposed by
any service provider with
whom you elect to deal,
including, but not limited
to, payment of all amounts
when due and compliance
with all rules and restrictions
regarding availability
of fares, products, or
services. You shall be
completely responsible
for all charges, fees,
duties, taxes, and assessments
arising out of the use
of this Web site. Celcius
shall not be responsible
in any manner for any
services availed of by
visitors to this website
which are rendered by
its agents and/or service
providers and/or service
partners.
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LIABILITY
DISCLAIMER |
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The
information, software, products,
and services included in or
available through the banglalive
site/services may include inaccuracies
or typographical errors. Changes
are periodically made to the
banglalive site/services and
to the information therein.
Celcius and/or its respective
suppliers may make improvements
and/or changes in the banglalive
site/services at any time. Advice
received via the banglalive
site/services should not be
relied upon for personal, medical,
legal or financial decisions
and you should consult an appropriate
professional for specific advice
tailored to your situation.
Celcius
technologies and/or its respective
suppliers make no representations
about the suitability, reliability,
availability, timeliness, lack
of viruses or other harmful
components and accuracy of the
information, software, products,
services and related graphics
contained within the banglalive
site/services for any purpose.
All such information, software,
products, services and related
graphics are provided "as
is" without warranty of
any kind. Celcius and/or its
respective suppliers hereby
disclaim all warranties and
conditions with regard to this
information, software, products,
services and related graphics,
including all implied warranties
and conditions of merchantability,
fitness for a particular purpose,
workmanlike effort, title and
non-infringement.
You
specifically agree that celcius
shall not be responsible for
unauthorized access to or alteration
of your transmissions or data,
any material or data sent or
received or not sent or received,
or any transactions entered
into throughbanglalive site/service.
You specifically agree that
celcius is not responsible or
liable for any threatening,
defamatory, obscene, offensive
or illegal content or conduct
of any other party or any infringement
of another's rights, including
intellectual property rights.
You specifically agree that
celcius is not responsible for
any content sent using and/or
included in banglalive site/service
by any third party.
In
no event shall celcius and/or
its suppliers be liable for
any direct, indirect, punitive,
incidental, special, consequential
damages or any damages whatsoever
including, without limitation,
damages for loss of use, data
or profits, arising out of or
in any way connected with the
use or performance of the banglalive
site/services, with the delay
or inability to use the banglalive
site/services or related services,
the provision of or failure
to provide services, or for
any information, software, products,
services and related graphics
obtained through banglalive
site/services, or otherwise
arising out of the use of banglalive
site/services, whether based
on contract, tort, negligence,
strict liability or otherwise,
even if celcius or any of its
suppliers has been advised of
the possibility of damages.
Because some states/jurisdictions
do not allow the exclusion or
limitation of liability for
consequential or incidental
damages, the above limitation
may not apply to you. If you
are dissatisfied with any portion
of the banglalive site/services,
or with any of these terms of
use, your sole and exclusive
remedy is to discontinue using
the banglalive site/services.
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STORAGE
SPACE AND OTHER LIMITATIONS
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The
amount of storage space
per user is limited for
each banglalive Site/Service
which provides such storage,
please visit the applicable
FAQ pertaining to that
service for more information.
Some messages may not
be processed due to space
constraints or outbound
message limitations. You
agree that Celcius is
not responsible or liable
for the deletion or failure
to store messages or other
information.
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SERVICE
CONTACT |
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TERMINATION/ACCESS
RESTRICTION |
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Celcius
reserves the right, in its sole
discretion, to terminate your
access to any or all banglalive
Site/Services and the related
services or any portion thereof
at any time, without notice.
Celcius
may also terminate or suspend
your access to banglalive Site/Service(s)
for inactivity, which is defined
as failing to log into a particular
service for an extended period
of time, as determined by Celcius.
The amount of time that Celcius
currently considers as an "extended"
period of time may be viewed
in the FAQ relating to the particular
service. Upon termination of
the banglalive Site/Service,
your right to use the banglalive
Site/Service immediately ceases.
Celcius
shall have no obligation to
maintain any content or to forward
any unread or unsent messages
to you or any third party.
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NO
SPAM; DAMAGES
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Celcius
will immediately terminate any
account which it believes, in
its sole discretion, is transmitting
or is otherwise connected with
any spam or other unsolicited
bulk email. In addition, because
damages are often difficult
to quantify, if actual damages
cannot be reasonably calculated
then you agree to pay Celcius
liquidated damages of $5 for
each piece of spam or unsolicited
bulk email transmitted from
or otherwise connected with
your account, otherwise you
agree to pay Celcius's actual
damages, to the extent such
actual damages can be reasonably
calculated.
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LANGUAGE
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It is the express will of the parties
that this agreement and all related
documents have been drawn up in English.
C'est la volonté expresse des parties
que la présente convention ainsi que
les documents qui s'y rattachent soient
rédigés en anglais. |
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GENERAL
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This agreement is governed
by the laws of the Union of INDIA. You hereby
irrevocably consent to the exclusive jurisdiction
and venue of courts in Calcutta, West Bengal,
India, in all disputes arising out of or
relating to the use of the banglalive Site/Services.
Use of the banglalive Site/Services is unauthorized
in any jurisdiction that does not give effect
to all provisions of these terms and conditions,
including without limitation this paragraph.
You agree that no joint venture, partnership,
employment, or agency relationship exists
between you and Celcius as a result of this
agreement or use of the banglalive Site/Services.
You agree to indemnify and hold Celcius,
its parents, subsidiaries, affiliates, assigns,
officers and employees, harmless from any
claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party
due to or arising out of your use of or
conduct on the banglalive Site/Services.
Celcius reserves the right to disclose any
personal information about you or your use
of the banglalive Site/Services, including
its contents, without your prior permission
if Celcius has a good faith belief that
such action is necessary to: (1) conform
to legal requirements or comply with legal
process; (2) protect and defend the rights
or property of Celcius or its affiliated
companies; (3) enforce the terms or use;
or (4) act to protect the interests of its
members or others. Celcius's performance
of this agreement is subject to existing
laws and legal process, and nothing contained
in this agreement is in derogation of Celcius's
right to comply with governmental, court
and law enforcement requests or requirements
relating to your use of the banglalive Site/Services
or information provided to or gathered by
Celcius with respect to such use. If any
part of this agreement is determined to
be invalid or unenforceable pursuant to
applicable law including, but not limited
to, the warranty disclaimers and liability
limitations set forth above, then the invalid
or unenforceable provision will be deemed
superseded by a valid, enforceable provision
that most closely matches the intent of
the original provision and the remainder
of the agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire agreement
between the user and Celcius with respect
to the banglalive Site/Services and it supersedes
all prior or contemporaneous communications
and proposals, whether electronic, spoken
or written, between the user and Celcius
with respect to the banglalive Site/Services.
A printed version of this agreement and
of any notice given in electronic form shall
be admissible in judicial or administrative
proceedings based upon or relating to this
agreement to the same extent and subject
to the same conditions as other business
documents and records originally generated
and maintained in printed form.
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COPYRIGHT
AND TRADEMARK NOTICES |
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All contents of
the banglalive Web Site are: Copyright
(c) 2000 Celcius Technologies Private
Limited and/or its suppliers, 9B,
Wood Street, Calcutta 700016, INDIA.
All rights reserved.
TRADEMARKS. Celcius,
banglalive, banglalive.com, banglamail,
, , , , , ,, and/or other Celcius
products referenced herein are either
trademarks or registered trademarks
of Celcius. The names of actual companies
and products mentioned herein may
be the trademarks of their respective
owners.
The example companies,
organizations, products, people and
events depicted herein are fictitious.
No association with any real company,
organization, product, person, or
event is intended or should be inferred.
Any rights not
expressly granted herein are reserved.
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