Welcome to Discussion Board (“Service”) brought to you by AdvocateMail.com, with a view to enabling you to post ideas and views subject to the Terms and conditions contained herein:
1. Acceptance of Terms:
2. Modification of Service:
AdvocateMail.com reserves the right to modify and alter the services at any time at its sole discretion without any notice to you.
3. Member’s conduct
You may post the text/content/material/urls (“Content”) freely to express your views and ideas – this should not be done at the cost of hurting the feelings of anyone.
You agree and undertake that you shall not to host, post, upload, display, modify, publish, transmit, update or share any information content/material that is:
(a) belongs to another person and to which you don’t have any right to; copyrighted content owned by a third party unless you have the express consent, permission, license, authority of the rightful owner;
(b) violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party.
(c) is grossly harmful, blasphemous, paedophilic, false, misleading, unlawful or with the intent to defraud, harass, abuse, intimidate, accuse, impersonate or harm the feelings of anyone; illegal, obscene, pornographic, vulgar, provocative, defamatory, indecent, libelous, hateful, or racially, ethnically objectionable, disparaging, threatening, impersonating another person, enticing/harming of minors in any way, infringing of intellectual property rights, proprietary rights of any third party, invasive of privacy or public rights or any other third party rights or otherwise injurious or objectionable, elicit response relating to illegal activity, contain viruses is an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality; relating or encouraging money laundering or gambling or otherwise unlawful in any manner
(d) promotes or provides any instructional information about illegal activities;
(e) Upload or post any content/material that contain software viruses or any other computer codes, files or programs that would interrupt, destroy or limit the functionality of this Site/Service or any software, network, servers, hardware or any other related equipment, any computer resource.
(f) violate any applicable laws or regulations for the time being in force.
(g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
(h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
This service is brought to you as matter of convenience for your personal and non-commercial use. You agree and undertake that you shall not use this service for any purpose that is unlawful or prohibited.
To use this Service you will be required to register with the Service. You agree to provide AdvocateMail.com current and accurate registration information as prompted by the Service. You are entirely responsible for maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account, including any unauthorized use of your account by any third-party.
You expressly agree, understand and acknowledge that AdvocateMail.com does not monitor and verifies any Content posted through this Service. You shall not post any obscene/vulgar/pornographic Content. In the event you come across any such offending Content you agree to intimate the same to AdvocateMail.com immediately at email@example.com
You must use the Service in a manner consistent with any and all applicable local, state, Indian and International law and such other applicable laws, rules and regulations. Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the AdvocateMail.com Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
4. AdvocateMail.com reserves the following rights:
AdvocateMail.com is under no obligation to monitor or review the Content. AdvocateMail.com assumes no responsibility for the Content, no obligation to modify or remove any inappropriate messages/content and no responsibility for the conduct of any user of this Service. However, AdvocateMail.com reserves the right to review the Content posted and to remove any content in its sole discretion or upon an report of abuse by any other member.
In the event that AdvocateMail.com receives a complaint/abuse report that the Contents posted on this Service infringe intellectual property rights or are otherwise unlawful, AdvocateMail.com shall request written substantiation of the complaint from the complaining party. As such, AdvocateMail.com will require substantiation of proof of ownership in the form of a trademark, service mark, patent or copyright registration and will take such steps that it believes to be appropriate under the circumstances.
If any point of time AdvocateMail.com may come to know that the user is below the age of 13 years then AdvocateMail.com reserves its right to delete the said user’s account after observing due diligence. AdvocateMail.comreserves the right to terminate your access to the Service at any time without any notice, without any liability, for any reason whatsoever, including if AdvocateMail.com believes that you have violated or acted inconsistently with the spirit of these Terms. However, the provisions of Sections 4, 5, 6, 7, 8, 9 and 10 shall survive any such termination.
AdvocateMail.com reserves the right to release current or past member information that AdvocateMail.com believes is in violation of the terms of service or page content guidelines, or used to commit unlawful acts, or if the information is subpoenaed, or a request is received from the law enforcement agencies or a court order and/or if AdvocateMail.com deems it necessary and/or appropriate.
5. Rights in the Content:
Members are solely responsible for everything contained in the content posted by them on the Service. Views expressed by members are their individual views and AdvocateMail.com is not responsible for any such views, expressions, ideas, comments, statements and content of the same.
AdvocateMail.com does not claims any ownership in the Content posted by you including without limitation the feedback and suggestions provided. However, by posting the content you represent and warrant that you either own or otherwise control all the rights in the content including but not limited to the intellectual property rights, right to post, upload, input or submit the content. By posting/ uploading the content you are granting AdvocateMail.com, its subsidiaries, affiliates a non-exclusive, royalty free, perpetual, worldwide license to use the content posted by you including without limitation the right to adapt, copy, create derivative works based on, distribute, transmit, publicly display, publicly perform, reproduce, alter, edit, format, translate, store, view, sublicense and/or delete your content, without compensation to you or any other provider of the content. You also permit any user/anyone to access, display, view, store and reproduce your content for personal use.
6. Disclaimer and limitation of liability:
Members expressly agree and acknowledge that the use of the service is at their sole risk. The service is provided on an “as is” and “as available” basis. AdvocateMail.com expressly disclaims all warranties of any kind, whether express or implied. AdvocateMail.com makes no warranty that the services will meet the member’s requirements, or the services will be uninterrupted, timely, secure, or error free; nor does AdvocateMail.com make any warranty as to the results that may be obtained through the service or that defects in the software will be corrected. Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at the member’s own discretion and risk and member will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.AdvocateMail.com makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, which the member obtains from AdvocateMail.com or through the service shall create any warranty not expressly made herein.
AdvocateMail.com does not endorse in anyway any contents of the expression of the members on this Service. Please therefore verify the veracity of all information on own before undertaking reliance and actioning thereupon. AdvocateMail.com shall neither be responsible nor liable for any consequential damages arising on account of the member relying on the contents. AdvocateMail.com shall not be liable for any direct, indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this service, even if AdvocateMail.com has been advised of the possibility of damages, or inability to use the AdvocateMail.com sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the AdvocateMail.com sites/services, or otherwise arising out of the use of the AdvocateMail.com sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if AdvocateMail.com or any of its suppliers has been advised of the possibility of damages. AdvocateMail.com does not endorse in anyway any advertisers/ contents of advertisers on its web pages.
AdvocateMail.com has made this service available to use as a matter of convenience. AdvocateMail.com expressly disclaims any claim or liability arising out of posting of any obscene, vulgar or pornographic Content by any member. You agree and acknowledge that you shall be solely responsible for your conduct and that AdvocateMail.com reserves the right to terminate your rights to use the Service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
Some jurisdictions do not allow the limitation of liability so some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless AdvocateMail.com, its subsidiary and affiliate companies, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of your account, or in connection with the contents of your message post on this Service including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members/third party and infringement of intellectual property or other rights.
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 to be 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 AdvocateMail.com with respect to the AdvocateMail.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AdvocateMail.com with respect to the AdvocateMail.com sites/services. AdvocateMail.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the AdvocateMail.com sites/services. Use of the AdvocateMail.com sites/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 to indemnify and hold AdvocateMail.com, its subsidiaries, affiliates, officers, directors, employees, and representatives 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 AdvocateMail.com sites/services.
AdvocateMail.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AdvocateMail.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AdvocateMail.com sites/services or information provided to or gathered by AdvocateMail.com with respect to such use.
In case of any grievance, please contact the Grievance Officer If you are the rightful owner of the content or an affected person and have the reason to believe that any content that has been uploaded/contributed through this Service contravenes your rights in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 (“Rules”), then you may intimate the same to AdvocateMail.com in the following manner:
(a) Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially;
(b) Providing exact identification and description of the content by giving its URL that is to be disabled, which in your view contravenes Rule 3(2) of aforesaid “Rules”.
(c) Giving a declaration cum undertaking alongwith necessary documents establishing you (i) as the rightful owner of the content to be disabled, or (ii) as an affected person, and stating that the information submitted is true, complete & accurate and no material fact has been hidden. Further, stating that AdvocateMail.com and its Management, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relying upon the said request.
(d) Contact information including address, telephone number, email address, etc. where you can be contacted if required.
You can send your request to Grievance Officer, AdvocateMail.com at:
Address: Plot # 2 ,County Planet, Mahalaxmi Nagar, MR-5 Indore 452010, Madhya Pradesh (India)
(e)The grievance(s) shall be redressed in accordance with the said Rules and in good faith by the Grievance Officer.
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