Blog and Message Board Terms of Use
Asif Ali ("We" or "Us" or
"Our") offers the use of its blogging and message board services (along
with the content posted thereon, the "Services") subject to the terms
and conditions of use (the "Terms") contained herein. All references
herein to "We," "Us," or "Our" are intended to include Asif Ali and any
other affiliated companies. By accessing, creating or contributing to
any blogs or messages hosted by us (the "Blog"), and in consideration
for the Services we provide to you, you agree to abide by these Terms.
Please read them carefully before posting to or creating any Blog. We
reserve the right to change, at any time, at our sole discretion, the
Terms under which these Services are offered. You are responsible for
regularly reviewing these Terms for changes. Your continued use of the
Services constitutes your acceptance of all such Terms. If you do not
agree with these Terms, please do not use the Services.
1. Disclaimer of Company Responsibility for Blog Content
You
understand that all content posted to the Blog (the "Content") is the
sole responsibility of the individual who originally posted the content.
You understand, also, that all opinions expressed by users of this site
are expressed strictly in their individual capacities, and not as Our
representatives or any of Our sponsors or partners. The opinions that
you or others post in the Blog do not necessarily reflect Our opinions.
2. Posting
(a)
By posting your Content using the Services, you are granting an
unrestricted, irrevocable, non-exclusive, royalty-free, perpetual,
worldwide, and fully transferable, assignable, and sublicensable right
and license to use, copy, reproduce, modify, adapt, publish, translate,
create collective or derivative works from, distribute, perform and
display your Content in whole or in part and to incorporate it in other
works in any form, media, or technology now known or later developed.
You further warrant that all so-called moral rights in the content have
been waived.
(b) By posting content to the Blog, you warrant and
represent that you either own or otherwise control all of the rights to
that content, including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the content, or that
your use of the content is a protected fair use. You agree that you will
not knowingly provide material and misleading false information. You
represent and warrant also that the content you supply does not violate
these Terms. It is your sole responsibility to ensure that your postings
do not disclose confidential and/or proprietary information, including
personal financial information, information covered by a nondisclosure
agreement, and information that you are not authorized to disclose. We
caution you not to disclose personal information about yourself or your
children, such as social security numbers, credit card numbers, etc.
(c)
You agree to indemnify and hold Us and Our affiliated companies, and
their directors, officers and employees, harmless for any and all claims
or demands, including reasonable attorney fees, that arise from or
otherwise relate to your use of the Blog, any content you supply to the
Blog, or your violation of these Terms or the rights of another.
3. Accessing
(a)
You agree that We will not be liable, under any circumstances and in
any way, for any errors or omissions, loss or damage of any kind
incurred as a result of use of any content posted on this site. You
agree that you must evaluate and bear all risks associated with the use
of any content, including any reliance on the accuracy, completeness, or
usefulness of such content. You agree not to collect information about
others, including e-mail addresses, or to use information obtained from
the Services to send other users unsolicited e-mail of any kind.
(b)
The Blog is provided for informational purposes only; we shall not be
responsible or liable for the accuracy or availability of any
information appearing or available on the Blog.
(c) Blog postings
may provide links to other websites on the Internet. We are not
responsible or liable for such content and we make no express or implied
warranty about the accuracy, copyright compliance, legality,
merchantability, or any other aspect of the content of such postings. We
are not responsible or liable for any advertising, products, or other
materials on or available from such websites or resources. The inclusion
of links does not imply endorsement of the Websites by Us or any
association with their operators.
(d) We may enable you to
establish an account with a username and password to access and use the
Services. If so, you are responsible for maintaining the strict
confidentiality of your password, and you are responsible for any
activity occurring through use of your account and password. You agree
to immediately notify us of any unauthorized use of your password or
account or any other breach of security and ensure that you exit from
your account at the end of each session. We are not responsible or
liable for any loss or damage arising from your failure to comply with
this provision.
4. Children
Collecting personal
information from children under the age of 18 ("minor children") through
the Services or the Blog is prohibited. No Content should be directed
toward minor children. Minor children are not eligible to use the site,
and we ask that they do not submit any personal information to us.
5. Privacy Policy
Please be sure to read our Privacy Policy, which is available at this website and incorporated herein by reference.
6. Unauthorized Use of Materials
Subject
to our Privacy Policy, any communication or material that you transmit
to this site or to us, whether by electronic mail or other means, for
any reason, will be treated as non-confidential and non-proprietary.
While you retain all rights in such communications or material, you
grant us and our designated licensees a non-exclusive, paid-up,
perpetual, and worldwide right to copy, distribute, display, perform,
publish, translate, adapt, modify, and otherwise use such material for
any purpose regardless of the form or medium (now known or not currently
known) in which it is used.
Please do not submit confidential or
proprietary information to us unless we have mutually agreed in writing
otherwise. We are also unable to accept your unsolicited ideas or
proposals, so please do not submit them to us in any circumstance.
We
respect the intellectual property of others, and we ask you to do the
same. If you or any user of this site believes its copyright, trademark
or other property rights have been infringed by a posting on this site,
you or the user should send notification to our Designated Agent (as
identified below) immediately. To be effective, the notification must
include:
a. A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed;
c
Information reasonably sufficient to permit us to contact the
complaining party, such as address, telephone number and, if available,
an electronic mail address at which the complaining party may be
contacted;
d. Identification of the material that is claimed to be
infringing or to be subject to infringing activity and that is to be
removed and information reasonably sufficient to permit us to locate the
materials, preferably the information should include the URL and date
on which the material was displayed;
e. A statement that the
complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner,
agent, or the law; and
f. A statement that the information in the
notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringing.
Pursuant to the
Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated
Agent for Notice of claims of copyright infringement can be reached as
indicated below. Service of repeat infringers of copyright or of users
about whom repeat claims of copyright infringement are received will be
terminated.
Designated Agent for Claimed Infringement:
You
acknowledge and agree that upon receipt of a notice of a claim of
copyright infringement, we may immediately remove the identified
materials from our site without liability to you or any other party and
that the claims of the complaining party and the party that originally
posted the materials will be referred to the United States Copyright
Office for adjudication as provided in the Digital Millennium Copyright
Act.
7. Termination of Access/Removal of Content
We
shall have the right in Our sole discretion to terminate your access to
and use of the Services and/or remove any of your Content should We
consider your statements or conduct to be inaccurate, illegal, obscene,
defamatory, threatening, infringing of intellectual property rights,
invasive of privacy, injurious, objectionable, or otherwise in violation
of these Terms or applicable law.
8. Disclaimer of Warranties
ALL
MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY
THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D)
THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR
OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR
EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS
SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT
THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING
OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you
may have the opportunities to engage in commercial transactions with
other users and vendors. You acknowledge that all transactions relating
to any merchandise or services offered by any party, including, but not
limited to the purchase terms, payment terms, warranties, guarantees,
maintenance and delivery terms relating to such transactions, are agreed
to solely between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND
AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE
FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US
OR ANY OTHER OF OUR AFFILIATES.
Content available through this
site often represents the opinions and judgments of an information
provider, site user, or other person or entity not connected with us. We
do not endorse, nor are we responsible for the accuracy or reliability
of, any opinion, advice, or statement made by anyone other than an
authorized Asif Ali spokesperson speaking in his/her official capacity.
Please refer to the specific editorial policies posted on various
sections of this site for further information, which policies are
incorporated by reference into these Terms of Use.
In addition,
the materials on this site may include sample or form agreements,
letters or other documents, including financially or legally significant
documents such as contracts and other items ("Forms"). These Forms are
provided solely as examples of typical documents of their kind, and the
delivery and use of Forms does not constitute legal, accounting or other
professional advice. Under no circumstances will Asif Ali or its
Affiliates be liable for any loss or damages caused by your reliance on
information or advice obtained through this site, including your use of
any of the Forms. It is your responsibility to evaluate the accuracy,
completeness, or usefulness of any information, opinions, advice, Forms
or other content available on or through this site. In particular, you
are urged to consult an appropriate professional licensed in your
jurisdiction before using any Forms or otherwise relying on any legal,
accounting, or other professional advice or information obtained on or
through this site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
9. Limitation of Liability
IN NO
EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER,
WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES
OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL
TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE
PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Acceptance and Acknowledgement of Terms
Use
of this website constitutes acceptance of these Terms. You acknowledge
that you have read and are bound by the Terms, as well as any other
usage agreements of Ours, including the Website Terms of Use that may
govern your conduct. Thank you for participating in the Blog. Please do
not hesitate to contact us at sahibimages@gmail.com if you have
questions.
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