The following are the terms and conditions for use of the
Dragg.in Classifieds service described here in (the "Service")
between Dragg.in and you (either an individual or a legal entity that you
represent as an authorized employee or agent) ("You"). Please read
them carefully. BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE
POSTING AD PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU AGREE TO
BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE
("AGREEMENT"). The Service is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein.
1.Modifications to this Agreement. We reserve the right, at our sole
discretion, to change, modify or otherwise alter these terms and conditions at
any time. Such modifications shall become effective immediately upon the
posting thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
2.CONTENT. You understand that all postings, ads, messages, text, files,
images, photos, video, sounds, or other materials ("Content") posted
on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for all Content that you post, email
or otherwise make available via the Service. You understand that Dragg.in
Classifieds Service does not entirely control, and is not responsible for
Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the Dragg.in Classifieds Service site
and Content available through the Service may contain links to other websites,
which are completely independent of Dragg.in Classifieds. Dragg.in Classifieds
Service makes no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your linking to any
other website is at your own risk. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, that you may not rely on
said Content, and that under no circumstances will Dragg.in Classifieds Service
be liable in any way for any Content or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
made available via the Service. You acknowledge that Dragg.in Classifieds
Service does not always pre-screen or approve Content (unless specified), but
that Dragg.in Classifieds Service shall have the right (but not the obligation)
in its sole discretion to refuse, delete or move any Content that is available
via the Service, for violating the letter or spirit of the Terms or for any
other reason.
3. THIRD PARTY CONTENT, SITES, AND SERVICES. The Dragg.in Classifieds Service
site and Content available through the Service may contain features and
functionalities that may link you or provide you with access to third party
content which is completely independent of Dragg.in Classifieds Service,
including web sites, directories, servers, networks, systems, information and
databases, applications, software, programs, products or services, and the
Internet as a whole. Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline
communication/transaction with any of these third parties. You agree that
Dragg.in Classifieds Service shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any third
party, you understand and agree that Dragg.in Classifieds Service is under no
obligation to become involved. In the event that you have a dispute with one or
more other users, you hereby release Dragg.in Classifieds Service, its
officers, employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and / or our service.
4.PRIVACY AND INFORMATION DISCLOSURE Dragg.in Classifieds Service has
established a Privacy Policy to explain to users how their information is
collected and used, which is located at the following web address: http://www.dragg.in/account/help/accounts-pp.html
Your use of the Dragg.in Classifieds Service website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further acknowledge
and agree that Dragg.in Classifieds Service may, in its sole discretion,
preserve or disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if required to
do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: comply with legal process; enforce these Terms;
respond to claims that any Content violates the rights of third-parties;
respond to claims that contact information (e.g. phone number, street address)
of a third-party has been posted or transmitted without their consent or as a
form of harassment; protect the rights, property, or personal safety of Dragg.in
Classifieds Service, its users or the general public.
5. CONDUCT. You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic in nature
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a
Dragg.in Classifieds Service employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this provision does not
apply to messages that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person
without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
g) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement;
i) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Dragg.in Classifieds Service sites which are not
designated for such purposes; or emailed to Dragg.in Classifieds Service users
who have not indicated in writing that it is ok to contact them about other
services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed
in "services";
k) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by Indian law.
l) that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - unless expressly permitted by
Dragg.in Classifieds Service;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or
similar Content or otherwise impose an unreasonable or disproportionately large
load on our infrastructure;
t) attempt to gain unauthorized access to Dragg.in Classifieds Service's
computer systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the functionality
of, the Service or the Dragg.in Classifieds Service website; or
u) use any form of automated device or computer program that enables the
submission of postings on Dragg.in Classifieds Service without each posting
being manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission of
postings at regular intervals.
6. LIMITATIONS ON SERVICE. You acknowledge that Dragg.in Classifieds Service
may establish limits concerning use of the Service, including the maximum
number of days that Content will be retained by the Service, the maximum number
and size of postings, email messages, or other Content that may be transmitted
or stored by the Service, and the frequency with which you may access the
Service. You agree that Dragg.in Classifieds Service has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that Dragg.in Classifieds Service
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that Dragg.in Classifieds Service
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
7. DISCLAIMER OF WARRANTIES . The information and services included in or
available through the Service, including the Reports, may include inaccuracies
or typographical errors. Changes are periodically added to the information
herein. Dragg.in and/or its respective suppliers may make improvements and/or
changes in the Service or Software at any time, with or without notice.
Dragg.in does not represent or warrant that the Service will be uninterrupted
or error-free, that defects will be corrected, or that the Service, the
Software or any other software on the Server are free of viruses or other
harmful components. Dragg.in does not warrant or represent that the use of the
Service or the Reports will be correct, accurate, timely or otherwise reliable.
You specifically agree that Dragg.in and its wholly owned subsidiaries shall
not be responsible for unauthorized access to or alteration of the Customer
Data or data from Your Website.
THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS" AND THERE
ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Dragg.in AND/OR ITS
SUBSIDIARIES AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH
RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING
WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY
COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Dragg.in DOES NOT
WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE
FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS
AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE
SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY . Dragg.in Classifieds Service AND ITS WHOLLY OWNED
SUBSIDIARIES WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY
INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES,
WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE,STRICT
LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION,
OR OTHERWISE, EVEN IF Dragg.in Classifieds Service AND/OR ITS SUBSIDIARIES AND
AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION
CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE
EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH
MAY NOT APPLY TO YOU.
9. INDEMNITY. You agree to indemnify and hold Dragg.in Classifieds Service, its
officers, subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any claim or
demand, including reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the Terms, your
breach of any of the representations and warranties herein, or your violation
of any rights of another.
10. VIOLATION OF TERMS AND LIQUIDATED DAMAGES. Please report any violations of
the Terms, by flagging the posting(s) for review, or by emailing to info [at]
Dragg.in Classifieds Service Our failure to act with respect to a breach by you
or others does not waive our right to act with respect to subsequent or similar
breaches. You understand and agree that, because damages are often difficult to
quantify, if it becomes necessary for Dragg.in Classifieds Service to pursue
legal action to enforce these Terms, you will be liable to pay Dragg.in
Classifieds Service the following amounts as liquidated damages, which you
accept as reasonable estimates of Dragg.in Classifieds Services damages for the
specified breaches of these Terms: a. If you post a message that (1)
impersonates any person or entity; (2) falsely states or otherwise
misrepresents your affiliation with a person or entity; or (3) that includes
personal or identifying information about another person without that person's
explicit consent, you agree to pay Dragg.in Classifieds Service fifty thousand
rupees (Rs 50,000) for each such message. This provision does not apply to
messages that are lawful non-deceptive parodies of public figures. b. If
Dragg.in Classifieds Service establishes limits on the frequency with which you
may access the Service, or terminates your access to or use of the Service, you
agree to pay Dragg.in Classifieds Service five thousand rupees (Rs 5,000) for
each message posted in excess of such limits or for each day on which you
access Dragg.in Classifieds Service in excess of such limits, whichever is
higher. c. If you send unsolicited email advertisements to Dragg.in Classifieds
Service email addresses or through Dragg.in Classifieds Service computer
systems, you agree to pay Dragg.in Classifieds Service one thousand two hundred
rupees (Rs 1200) for each such email. d. If you post messages in violation of
these Terms of Use, other than as described above, you agree to pay Dragg.in
Classifieds Service five thousand rupees (Rs 5,000) for each such message. In
its sole discretion, Dragg.in Classifieds Service may elect to issue a warning
before assessing damages. e. If you aggregate, display, copy, duplicate,
reproduce, or otherwise exploit for any purpose any Content (except for your
own Content) in violation of these Terms without Dragg.in Classifieds Service's
express written permission, you agree to pay Dragg.in Classifieds Service one
lakh fifty thousand rupees (Rs 1,50,000) for each day on which you engage in
such conduct. Otherwise, you agree to pay Dragg.in Classifieds Service's actual
damages, to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of these Terms, Dragg.in Classifieds Service
retains the right to seek the remedy of specific performance of any term
contained in these Terms, or a preliminary or permanent injunction against the
breach of any such term or in aid of the exercise of any power granted in these
Terms, or any combination thereof.