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
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.
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.