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Terms of Use Agreement
Welcome to Heartyfriends.com. The services offered by Heartyfriends.com
(“Heartyfriends.com site”) is inclusive the Heartyfriends.com website,
Heartyfriends.com Blogs, Heartyfriends.com streaming music services and
Heartyfriends.com photo sharing and any other features, content, or applications
offered from time to time by Heartyfriends.com in connection with
Heartyfriends.com website (collectively, the “Heartyfriends.com services.).
This use Agreement (Agreement) incorporates the terms set forth herein which are
binding in nature legally for the usage of the Heartyfriends.com services. The
user of this Heartyfriends.com services agrees to be bound by this Agreement
whether he or she be a “Visitor” (which term means that the user simply browse
the user Heartyfriends.com site). Or the user be a “Member” (which term means
the user has registered with Heartyfriends.com). The term “User” denotes a wider
meaning referring a visitor or a member. The user shall be in agreement to abide
by laws applicable to this Agreement before his use of the Heartyfriends.com
services; nevertheless your attempt or use is intended.
To avoid embarrassment, red thoroughly the terms of Agreement
before the use of this website and good to keep a copy on record. It is proper
and better not to avail any of the Heartyfriends.com services of you are not on
par with any of these terms and leave this site at once. Upon thorough reading
of this Agreement if you decide to become a member, intimate your version of
acceptance to register and process and make use of Heartyfriends.com services
for communication with other members.
The use Agreement can notes Heartyfriends.com policies describing
the acceptable use of Heartyfriends.com services and content stated on the
Heartyfriends site by which your limitations regarding rights, obligations and
restrictions for the use Heartyfriends services and Heartyfriends Privacy Policy
are posted. It is notified further your participation in other Heartyfriends.com
service would only by downloading the software content of additional terms and
expressing the agreement of the same upon your chosen choice indeed the
additional terms have been incorporated into this main Agreement.
Heartyfriends.com services is at liberty reserving its rights to modify
its terms of this Agreement further changing the services annulling or modifying
the content including the features of the website and change the structure of
fees or collection in usage of services. All these modifications shall be posted
on the website and becomes effective forthwith. You, being a “visitor” or member
would bound by the changes and modifications for your use of Heartyfreinds.com
services. It is always be been to review this Agreement at regular intervals for
updation of modifications and changes if any, checking the latest “Revised Date”
of this Agreement.;Revised Date”
of this Agreement.
A). Eligibility.
You must
be 18 ears of age or above for registration as member of Heartyfriends.com
services and to use the site. Prohibited entry makes membership void. This site
confers your right, capacity, eligibility to enter and concur with this
Agreement accepting its all terms and conditions. Note this site is not a mean
to inform or correspond to encourage and promote illicit sexual relations or
extra marital affairs or to convey any other unlawful and illegal activities. It
is just for friendship and something more. Heartyfriends finds comes to know of
the above stated or any other misuse activities by any member, his or her
membership will be terminated forth with without any reimbursement to the said
member and any vested responsibility to the Heartyfriends.com services. This
discretion and decision of the Heartyfriends.com services shall stand final.
This agreement
retains its validity with its full vigour till your membership ceases. You hold
the liberty to terminate your membership at any time but at the cost of no
refund. Heartyfriends may also terminate your membership upon any reasons such
as breach of terms and conditions. Notices of terminations on both sides imparts
through e-mail.
Heartyfriends.com services reserves it’s right on site only member’s personal
usage and shall not be lien or connectivity for any business or commercial
activity with any firms, organizations and companies. Despite this the illegal
and unauthorized usages and linkages it found, will be prosecuted through Court
of law appropriately. An individual’s Heartyfriends.com account is strictly for
their own personal usage and to be used by anyone else.
B).OTHER TERMS OF USE BY MEMBERS:
Every Member (You) irrevocably
undertakes that: Member shall not engage in the acts of commercialization such
as advertising or solicitation the other members to opt and buy any goods or
avail of services. Transformation of any message or letters and email to other
members is prohibited. Usage of any information delivered through services is
strictly curfewed that not to harass, abuse or misuse and harm other persons. It
is predominant to protect Heartyfriends.com services and its members and hence
reserves its right to restrict the number of communications, profile contact and
responses through e-mails which a member may send to other member in any 24
hours period. Heartyfriends.com reserves the right to view any messages sent by
a member and also to regulate the chat session at its sole discretion.
Members have no right either to
send or communicate using the services for any obscene, defamatory, hatred,
racial, or abusive messages that are violative, irritative and criminal in
nature. But such transmission or messages would give breach and entails the
Heartyfriends.com services of terminate the membership forthwith. On this the
Heartyfriends reserves the right of discretion or regulation and screening of
your charts.
It is mandated that members shall
not use any automated process which includes materials of scripts and programs
that tend to communicate or interact with Heartyfriends.com services and its
individuals.
Members are prohibited from entering
into any kind of transactions or business with other members of
Heartyfriends.com services and if any transactions conducted solely at risk of
particular individuals / members then Heartyfriends.com services is not
responsible at any time for any transaction and cheats.
&nb Usage of pornography on the site is strictly prohibited. Members
must choose information with care before posing for usage. Moreover each profile
should at any cost not include the objectionable subjects such as harassment,
virulent violence, nude and obscene languages or postures if otherwise it
warrants stringent penal actions invoking criminal law. Evidentially if any
member purports or acts of indulgence in publishing or transforming in
electronic media which abet people to corrupt practice, upon hearing and vision
the subject embodied shall be proceeded legally enunciating the provisions under
section 67 of information and Technology Act 2000 and also under relevant
sections of the Indian Penal Code and other relevant statues. Ironically if any
member contained profile of those offensive, violative, obscene, prohibited
scenario and materials or products and services, the Heartyfriends.com services
captures no responsibility and exonerates from any liability absolutely.
Members should not use Heartyfriends.com services for regenerating
copy and patent right materials or store edit or change and create any inflow
work in any way to alter the track already apportioned i.e. within the frame
network of Heartyfriends.com services for other usage.er usage.
C).CONTENTS POSTED ON THE SITE:
Heartyfriends.com services is vested with
proprietory right inclusive of all intellectual property rights without any
period of limitation. The site consists of patent and trade marks other than
copy righted materials proprietory instruction and licensors. Without express
permission by Heartyfriends.com services to communicate information, the member
is not free to copy, modify, distribute, exhibit, transmit, vision, reverse
convey or sell any of the Heartyfriends.com’s own information or subject.
All exhibits, lawful and non-objected materials or
messages and other subject that ate posted on the boards of concern shall have
and constitute valid license to Heartyfriends.com with discretion to grant
permit to post or to alter and edit the display in its content at any event both
upon complaint by anybody or suo motto action.
Every member are in conformity with knowledge and full
agreement that all things of this site in subject wise not limiting to texts,
data, information, scripts, music, photographs, lessons, graphics, video
matters, messages, tags, interactive structures if posted either publicly or
privately for transmission are under the absolute responsibility of the member
who has originated such thing or things. This fact evidenced that such member
alone is liable and responsible in its entirety and not Heartyfriends.com for
his or her load, upload, post and e-mail transmission. Heartyfriends.com does
not exercise the power of controlling authority on the things or contents
screened through Heartyfriends.com if it holds no good stand to accuracy,
integrity and stuff of things. Altogether if any member stands for the cause of
offensive, indecent and objectionable exposure, Heartyfriends.com will not in
any way held liable for any kind of error or omissions including loss and damage
for the things or contents either posted or transmitted and available through
e-mails. Be aware and accept that Heartyrfriends.com may in its own either judge
or device to delete any things or content which violates the law of land causing
illegal, defamatory, obscene, libel threatening or offending the safety to other
members and further Heartyfriends.com is not duty bound to review the things or
contents prior to post would not retract for any comments and opinions. More
over Heartyfriends does not command any censorship on the site of stranger’s
i.e. third party.
Every member holds the
responsibility for the post of his thing or content that display or published in
the Heartyfriends.com to its other members, wherein Heartyfriends.com upholds
its authority to verify its veracity and sometimes seek clarification with proof
or evidence for ownership. If the member fails to discharge the same,
Heartyfriends.com in its sole authority vested with discrete would remove the
content from the site and also terminate membership without any subscription
refund. Members are put in knowledge that Heartyfriends.com may or may nor
pre-screen the contents of its members and the planners of Heartyfriends.com
have got full discretion or authority to pre-screen or remove any contents of
its members. Moreover the planners shall have right to remove any content that
violates the agreement.
Members would not allude from any risk associated
with use of any content and it is implied that members would not solely place
any reliance on the contents or thing evolved or created by Heartyfriends.com in
its service.
Upon every members posting of their things or contents in
the arena of Heartyfriends.com, each member acquires a permanent and
irrevocable, royalty free and world wide license to use and performance of
display and distribution of information and to create derivative works and to
incorporate into other works with right of grant for release of further
authorizations.
Every member consent to that are available in the site
are prone to reproduce, modify, adapt publicly and display over the screen with
zone and events of promotion including photo sharing. The due permission cum
license exists so long as every member continue with his membership and wound
automatically terminate upon its member’s thrust to remove from its source.
In regard to contents association with photos, audio or
video and graphics every member submit are publicly accessible for its own
course in the field of distribution, reproduction, adaptation and display for
the purpose for which such content was made available. This grant of permission
in common parlance includes license exists so long as every member continue with
his membership and wound automatically terminate upon its member’s thrust to
remove from its source.
In regard to contents association with photos, audio or
video and graphics every member submit are publicly accessible for its own
course in the field of distribution, reproduction, adaptation and display for
the purpose for which such content was made available. This grant of permission
in common parlance includes license exists so long as every member select and
elect to continue to include such content on the service and would be terminated
at yours (member’s) instance or at the cause of Heartyfriends.com’s service of
removal.
The contents other than photographs, graphics audio or
video are available for inclusion in publicly accessible areas permanently
without any revocation even with further permission of sublicense in the field
of distribution, modification translation and public performance with
incorporation of such content into other works of developed nature of any format
of Heartyfriends.com services network framed with Zones, Blogs and photo sharing
that are termed as publicly accessible areas available to people i.e. general
public for service orientation.
In furtherance of contents posted by every member in the
site, each member would agree that he or she will not present any thing or
material that is copy righted, circumscribed under trade secrecy, inscribed to
third party proprietary rights inclusive of both private and public rights
rather any member is the owner of such rights or have written grant or
permission from their absolute rightful owner to post the material and to grant
Heartyfriends.com with exclusive license rights.
Exhibit or publish any false events or misrepresentations
that damage any third person, Heartyfriends.com or its other members.
Impersonation in usage.
Heartyfriends.com will not approve any things or contents
of user with any opinion recommendation or advise expressed theron and
Heartyfriends disclaims further and all liability in association with the
contents above submitted. Heartyfriends.com would not allow any copy right
infringing activities and infringement of intellectual property rights on its
website and Heartyfriends.com has the virtue of power to eradicate all such
infringed items of content if correctly notified that one users submission
infringes another’s intellectual property rights; and HEartyfriends.com is
absolute to remove such infringed materials of content without prior notice or
intimation. If the user is found to repeat the infringement, Heartyfriends.com
will terminate his or her access to website. Te repeat infringer, signifies that
a person who commits the act of infringement more than twice in the website.
Heartyfriends.com services emanates the following
list of illegal and prohibited contents on the site with command and authority
to investigate and initiate appropriate legal action against any one who
violates the provisions without any period of limitation, with power to
terminate the membership forthwith without any refund. It includes content that:
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Is extensively offending any community that promotes racism ligotry, hatred and
physical harm to any individual or group of persons.
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Harasses or abets and pleads harassment of others.
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Entangled
in the transmission of “junk mail” “Chain letters” or unsolicited mass mailing
or spamming.
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In connection of film maker profiles, Use of sexually suggestive imagery or any
other unfair misleading and deceptive content will pave a traffic to the
profile.
In connection of film maker profiles, Use of sexually suggestive imagery or any
other unfair misleading and deceptive content will pave a traffic to the
profile.
Promotes information that member posting it is aware
that it is false misleading deceptive, cheating, develops illegal activities and
that of conduct is threatening, defamatory abusive, libelous and obscene;
Develops an illegal or unauthorized copy of another person’s copy
right work such as provision of pirated computer programs with links to them or
with further provision of pirated music and its allied music files altogether
with information to circumvent manufacture installed copy protect machineries;
Consists of restricted or password only access pages, or hidden images
with pages (those not linked to or from another accessible page); pornography, fraud, trafficking in obscene things enticing of minors, gambling,
harassment stalking, sending of evils such as viruses stealing of trade
techniques and infringement of both copy right and patent right.
Post of materials that exploits people under the age of 18 years in violent
of sexual manner and collection of personal information of them in connivance.
Instinct or encourage any criminal activity and enterprising instructional
information to illegal activities such as make and purchase of illegal weapons
violating other’s piracy under computer virus provision and its development.
Posting and obscuring the banner advertisements on member’s personal
profile page and other means of Heartyfriends.com
Page via HTML/CSS.
Attempt of impersonation to another individual or member.
Coverage of passwords or personal identification information commercially
to gain unlawfully from other members and users and,
Take part in commercial activities includes sales such as contest,
advertisements, pyramid schemes, sweepstakes and barter etc.
Posting and displaying of any advertisement in his or her profile, or
accepting payment from third person or party in exchange of performance of any
commercial activity through Heartyfriends.com such as providing commercial
content on the personal profile, posting blogs, or bulletins of commercial cause
strictly.
To connect profiles copying Heartyfriends.com code and embedding the same
into to other profiles and scattering that same message of embedment to other
members with respect to their profiles.
Develops, invites or solicits extra marital information / affairs.
Usage of Heartyfriends.com website in any manner inconsistent to all laws,
regulations and rules.
Members should use Heartyfriends.com services in accordance with local,
state and national laws, regulations and rules. Members should not add or
mention their, personal mobile or home or office telephone numbers, their
addresses of residence or business with street names and e-mail addresses that
are patently visible to other members which can be easily inferred.
On creating individual accounts furnishing of accurate and complete
information is absolute. Members must keep their password in a secured way and
they alone are irresponsible for
their activity in their respective accounts.
Members should not create more profiles and if found in that manner.
Heartyfriends.com is empowered to terminate his or her membership forthwith
without subscription fees refund.
Under any circumstance if Heartyfriends.com detects that any profile
contains any objectionable, unlawful and illegal material contents,
Heartyfriends.com holds the exclusive right and discretion the terminate their
membership, without allowing anymore to continue as members forthwith without
refund of subscription fees.
Being considered for use of the site if the Heartyfriends.com service
request for any information from you (member) and upon furnishing the same, if
they are found incorrect or lacks accuracy and incomplete, services will
terminate the use of the site for any of your (member) service.
D)
SECURITY:
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Heartyfriends.com services will avail Technology to protect transmitted digital
information, providing its limitations to its users. Acknowledgement of the same
is indeed where development and modifications activity stepped further such as
reinstallations of software with patches. Heartyfrineds.com may from time to
time update security modification. If any member attempts to circumvent any
system or network security components will invite prosecution and payment of
damages.
E)
COPY RIGHT:
Altogether each member retains his ownership
individually for his contribution in the site and solely responsible for all
kinds activity happening through their account.
Heartyfrinds.com affirms it would not claim ownership of
anyone’s content on distribution without any limitation keeping apart any
suggestions or feedback.
Members should not post any other member’s content until
any prior consent is gathered. Members have got every right to agitate their
grievance of infringement to this concern i.e. Heartyfriends.com copyright Agent
with information as such as electronic or physical signature of the person
authorized to act on behalf of the owner of the copy right interest, particulars
of copy right work that has been claimed as infringed indicating the location in
the site with full and current address of member stating expressing good faith
and belief that the denoted dispute use has no authorization from the copy right
owner, its agent, attorney or the law of the land and a copy of registration
certificate proving its authenticity or any other concerned intellectual
property right to award penalty or perjury describing information in his or his
notice stating that agitation or claim is bonofide on behalf of the true copy
right owner. All notice of claims could reach Heartyfrineds.com services Chennai
address located under the May I Help / contact for Grievance section provided in
the site. Members should agree not to circumvent or disrupt and disable in
interfering into the securing related features since website declares its
restricted use or copying any content enforcing reasonable limitations in its
use.
All permitted contents that are licensed bear
titleship with protection of intellectual property rights is the absolute
property of the respective content owner with further are and caution under
treaties and local admissible laws.
F)
MEMBER DISPUTES:
Members of Heartyfrineds.com can interact with one
another with their own responsibility and Heartyfrineds.com services is under no
obligation to monitor any disputes arised among members.
G)
PRIVACY POLICY:
Use of this site or Heartyfriends.com service is
Heartyfriends.com privacy policy. A design of “Privacy Policy” will play the
role of governance of use of Heartyfriends.com services; which makes it clear
that it holds no responsibility or liability for any posting of incorrect and
inaccurate content on the site equipped by the users under associated
programming in the online or offline.
H)
DISCLAIMERS:
Heartyfriends withers its responsibility for any
mistakes, error, omission, interruption, deletion, defect or delay in its
actions of operation transmission, coerced under theft or destruction and
unauthorized pavements resulting in alterations of communications among members.
More in Heartyfrineds.com confirms that it is not responsible for any problems
arisen or technical malfunction including telephone network, lines computer on
line systems, serves, computer equipment software, default in e-mail and players
on account of technical fault or traffic congestion on internet and combination
of whole problems including personal injury and property damage of content of
any nature to users or other members or person’s computer related activity
resulting in non participating either loading or downloading materials in
connection with Heartyfriends.com services site and website. At any cost
Heartyfriends.com will not be responsible for any loss and damage to any person
on the use of any one’s contents posted in the site by its members. The exchange
of materials through profiles among members and other will not pose any offer or
recommendation from Heartyfriends.com and it holds no responsibility or
liability for any loss or damage inclusive of injury and death caused to any
individual out of relations in the contents of profile through Heartyfriends.com
services. The gateway to the site and service are available under As Is
Available basis and the Heartyfriends.com is immuned from any warranty of
fitness or particular purpose of any infringement at any time and would no
guarantee any result at ay time for its use of site.
Heartyfriends.com services expressly declares that it
vests no responsibility whatsoever and howsoever arisen out of yield and result
on the use of posting in the site by the members, by any person in individual
capacity. Heartyrfriends.com further will not assume responsibility for the
illegal and false posting of content in the site to any one, including members
and third parties.
Any loss and damage caused to anybody under the usage of
posting of content in the site, the claim of remedy and damages will be made on
the members concerned or users strictly and not against the Heartyfriends.com
services at any cost or moment and further claim may be made through or via the
services. Absolutely the Heartyfriends.com does not claim any ownership of the
content that are submitted in the site where provision of service alone vests
and rests in Heartyfriends.com.
I ).LIMITATION ON LIABILITY:
At any moment for any event, the Heartyfriends.com services, its Directors,
Officers, Executives, employees or agents be liable with vested interest to its
members or third parties for any indirect, consequential, incidental, exemplary,
special and punitive damages loss and damages caused or arisen as a result of
usage or entering the access in the site by following means 1) error, mistakes
and inaccuracies stored in the content. 2) Personal injury or property damage
caused by access 3) unauthorized entry into the site resulted in leakage or
propagation of personal including financial information stored therein causing
loss and injury to members and users 4) Transmission of any bugs, virus Trojan
horses through website by any third person. 5) Any errors or omissions in the
content causing loss and damage for usage of them whether based on any warrant,
tort or legal theory expressed by the member alone. Heartyfriends.com services
is not advised to any possibility of such damages at any point of time. The
period of limitation for claim is as imposed in law with right jurisdiction.
Each member with awareness have endorsed that Heartyfriends.com services shall
not be liable for posting of any defamatory or violative and offensive conduct
in the site and foregoing completely rests or vests with its members / users
alone.
Notwithstanding anything to the contrary contained,
Heartyfriends.com’s liability arisen to any member regardless to any form of
action at all times limited to the amount paid by its member if any specifically
stated or mentioned therein for possibility or liability.
Hearthyfriends.com services or its official and Business Partners may offer
and present advertisements and materials for promotion through site in its
services. Members dealing with third parties with advertisements for promotion
are separate not linked with Heartyfriends.com and presentation to that Every
member is to understand and agree that Heartyfriends.com services will link to
third parties sites exclusively not operated by us and held not responsible
either directly or indirectly on the cause of loss occurred in connectivity or
link in the usage of contents to third parties site.
Heartyfriends.com services are fully owned or licensed by Heartyfriends and are
not governed under the protection of Indian Copyright laws and International
Treaty provisions. Members have no right to sublicense or to transfer the
license granted in his or her favour under this Agreement. Any kind of attempt
or application to transfer any rights, duties or obligations in violation of the
provisions and consonance of this Agreement shall stand void. It is in
conformity that every member have understand the terms and conditions and
acknowledge the same in the true letter and spirit.
J)
DISPUTES:
Heartyfriends.com and its members shall be bound by terms and conditions that all
or any disputes arisen in connection with use of .com services in the website
will be referred to Arbitration essentially to one
i.
Arbitrator nominated and appointed by Heartyfriends.com
ii. The Arbitration shall in all purposes by governed under
Arbitration and Conciliation Act 1996.
a.
Arbitrator nominated and appointed by Heartyfriends.com
b. The
Arbitration shall in all purposes by governed under Arbitration and Conciliation
Act 1996.
c. The
place of hearing in Arbitration proceedings is at CHENNAI,
India exclusive juris.
d. The
language in Arbitration proceedings shall be in English.
e. The
Arbitral award will be final and binding on both.
f. The
disputes will be governed by Indian Courts and the exclusive jurisdiction vests
with courts at Chennai only.
J) >J)
GENERAL:
By becoming a member of the site /
Heartyfriends.com services, each member agrees to receive particular specific
e-mails form Heartyfriends.com.
Being accepted to use this site on the
affirmation of becoming a member, the entire clauses of the agreement will
survive between both. If any part of the Agreement lost its validity, the
reminder will continue in full vigour.
No clause or version of Agreement will
express or constitute any partnership or a joint venture between any member and
the Heartyfriends.com services. No member is the agent of Heartyfriends.com at
any time and have no authority over the services to make liable for any purpose
or deal.
Members are under
obligation to appraise and report of any misuse or abuse of the site. All notice
of misuse and abuse should be addressed to customer care of the site. Upon such
complaint, Heartyfriends.com will investigate the charge and if found proved
against any member Heartyfriends.com will discharge the said member from
membership of the user site without any refund of subscription fees as penalty.
Members who lodge false complaint will face appropriate legal action including
cancellation of membership without refund or repayment of any kind of fees such
as subscription fees etc.
Heartyfriends.com is a trade mark of Cashwin Consultancy.
By joining our services i.e. Heartyfriends.com. You / Member confirms and
affirms that they have read all above provisions of Agreement and endorses /
agrees to abide by them.
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