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Pureexpressions.net Service Agreement
PLEASE
READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING
THIS SITE, YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU ARE
NOT AGREEABLE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
1. DEFINITIONS
"Pureexpressions.net" is the interactive online service operated by
Austere Software
Solutions Pvt.Ltd. on the Internet
with the help of Web hosting services. User means any person who
establishes or accesses connection to Pureexpressions.net for access to and
use of Pureexpressions.net. Here in afterwards in this agreement
where ever applicable
"Pureexpressions.net" means
Austere Software Solutions
Pvt.Ltd.
2. DESCRIPTION OF SERVICE
Pureexpressions.net is providing User with a capability to send electronic
mail via the World Wide Web and on Pureexpressions.net using
Host's email system. In
consideration for this Service, User agrees to comply with the terms and
conditions as laid down under this Service Agreement. If any information
provided by User is incomplete or inaccurate or violates any provisions
of the Service Agreement implicitly or explicitly,
Pureexpressions.net
retains the right to terminate User's rights to use the Service.
3. GENERAL
(A) This Agreement, which incorporates by reference other provisions
applicable to use of Pureexpressions.net, sets forth the terms and
conditions that apply to use of Pureexpressions.net by User. By using
Pureexpressions.net (other than to read this Agreement for the first time),
User agrees to comply with all of the terms and conditions hereof. The
right to use Pureexpressions.net is personal to User and is not
transferable to any other person or entity. User is responsible for all
use of User's Account (under any screen name or password) and for
ensuring that all use of User's Account complies fully with the
provisions of this Agreement. User shall be responsible for protecting
the confidentiality of User's password(s), if any.
(B) Pureexpressions.net shall have the right at any time to change or
discontinue any aspect or feature of Pureexpressions.net, including, but
not limited to, content, hours of availability, and equipment needed for
access or use.
4. CHANGED TERMS
Pureexpressions.net shall have the right at any time to change or modify
the terms and conditions applicable to User's use of
Pureexpressions.net,
or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on Pureexpressions.net, or by electronic or
conventional mail, or by any other means by which User obtains notice
thereof. Any use of Pureexpressions.net by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications
or additions.
5. USER CONDUCT
(A) User shall use Pureexpressions.net for lawful purposes only. User shall
not post or transmit through Pureexpressions.net any material which
violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without
Pureexpressions.net express prior approval, contains advertising or any
solicitation with respect to products or services. Any conduct by a User
that in Pureexpressions.net discretion restricts or inhibits any other
User from using or enjoying Pureexpressions.net will not be permitted. User
shall not use Pureexpressions.net to advertise or perform any commercial
solicitation, including, but not limited to, the solicitation of users
to become Users of other online information services competitive with
Pureexpressions.net.
(B) Pureexpressions.net contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of
Pureexpressions.net are copyrighted as a collective work under copyright
laws. Pureexpressions.net owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content
original to it. User may not modify, publish, transmit, participate in
the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. User may download copyrighted
material for User's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express written permission of
Pureexpressions.net. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be made.
User acknowledges that it does not acquire any ownership rights by
downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on
Pureexpressions.net any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
the User. 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. By submitting material to any public
area of Pureexpressions.net, User automatically grants, or warrants that
the owner of such material has expressly granted Pureexpressions.net the
royalty-free, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate and distribute such
material (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such
material. User also permits any other User to access, view, store or
reproduce the material for that User's personal use. User hereby grants
Pureexpressions.net the right to edit, copy, publish and distribute any
material made available on Pureexpressions.net by User.
(D) The foregoing provisions of Section 5 are for the benefit of
Pureexpressions.net, its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) USER EXPRESSLY AGREES THAT USE OF Pureexpressions.net IS AT USER'S SOLE
RISK. NEITHER Pureexpressions.net, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT Pureexpressions.net WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF Pureexpressions.net, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
Pureexpressions.net.
(B) Pureexpressions.net 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
(C) 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, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. Pureexpressions.net DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT Pureexpressions.net) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. USER SPECIFICALLY ACKNOWLEDGES THAT
Pureexpressions.net IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL Pureexpressions.net, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING Pureexpressions.net OR THE
Pureexpressions.net SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
Pureexpressions.net. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON Pureexpressions.net.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER
Pureexpressions.net,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE
LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
Pureexpressions.net, OR
FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS
OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.NEITHER Pureexpressions.net NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
7. MONITORING
Pureexpressions.net shall have the right, but not the obligation, to
monitor the content of Pureexpressions.net, to determine compliance with
this Agreement and any operating rules established by
Pureexpressions.net
and to satisfy any law, regulation or authorized government request.
Pureexpressions.net shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on
Pureexpressions.net. Without limiting the foregoing,
Pureexpressions.net shall
have the right to remove any material that Pureexpressions.net, in its sole
discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
8. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless
Pureexpressions.net, its
affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of Pureexpressions.net by User or User's
Account.
9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall
Pureexpressions.net be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials in this
site, even if Pureexpressions.net or a Pureexpressions.net authorized
representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or
exclusion may not apply to you. In no event shall Pureexpressions.net'
total liability to you for all damages, losses, and causes of action
whether in contract, tort (including, but not limited to, negligence or
otherwise) exceed the amount paid by you, if any, for accessing this
site.
10. TERMINATION
This agreement is effective until terminated by either party. You may
terminate this agreement at any time by destroying all materials obtained from
any and all Pureexpressions.net site(s) and all related
documentation and all copies and installations thereof, whether made
under the terms of this agreement or otherwise. This agreement will
terminate immediately without notice from Pureexpressions.net if in
Pureexpressions.net' sole discretion you fail to comply with any
term or provision of this agreement. Upon termination, you must destroy all
materials obtained from this site and any and all other Pureexpressions.net site(s) and all copies thereof, whether made under the terms of this
agreement or otherwise.
11. CONCLUSION
If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between the
parties relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
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