|
Terms of Use Agreement
|
All Users are requested to kindly read this Terms of Use Agreement before accessing
this web application. This is a legally binding agreement between you (the "Member"
or "you") and Uniworld Edusoft Pvt. Ltd. ("Uniworld
Edusoft Pvt. Ltd." or "we").
Effective Date: This Terms of Use Agreement was last updated
on Date 01-July-2011
This Terms of Use Agreement sets forth the standards of use of the Uniworld
Edusoft Pvt. Ltd. Online Service. By using the Uniworld Edusoft Pvt.
Ltd.’s web application EDUBERRY you agree to these terms and conditions.
EDUBERRY is an online web application product of Uniworld Edusoft Pvt. Ltd.
and the names can are exchangeable for use. If you do not agree to the terms and
conditions of this agreement, you should immediately cease all usage of this web
site. We reserve the right, at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice. Modifications shall become
effective immediately upon being posted at the EDUBERRY web application.
Your continued use of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
|
1.
|
Description of Service
|
|
EDUBERRY is providing Member with an online resource for uploading,
hosting and sharing files. Member must provide (1) all equipment necessary for their
own Internet connection, including computer and modem and (2) provide for Member’s
access to the Internet, and (3) pay any fees relate with such connection.
|
|
|
2.
|
Disclaimer of Warranties
|
|
The EDUBERRY site is provided by EDUBERRY on an
“as is†and on an “as available†basis. To the fullest extent permitted by
applicable law, EDUBERRY makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or otherwise. EDUBERRY
shall have no liability for any interruptions in the use of this web site.
EDUBERRY disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties, therefore the above-referenced exclusion may
be inapplicable.
|
|
Top ∆
|
|
|
3.
|
Limitation of Liability
|
|
EDUBERRY SHALL NOT be liable for any damages whatsoever, and in
particular EDUBERRY shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of revenue,
or loss of use, arising out of or related to this web site or the information contained
in it, whether such damages arise in contract, negligence, tort, under statute,
in equity, at law, or otherwise, even if EDUBERRY has been advised
of the possibility of such damages. some jurisdictions do not allow for the limitation
or exclusion of liability for incidental or consequential damages, therefore some
of the above limitations may be inapplicable..
|
|
|
4.
|
Indemnification
|
|
Member agrees to indemnify and hold EDUBERRY, its parents, subsidiaries,
affiliates, officers and employees harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
|
|
|
5.
|
Modifications and Interruption to Service
|
|
EDUBERRY reserves the right to modify or discontinue the Service
with or without notice to the Member. EDUBERRY shall not be liable
to Member or any third party should EDUBERRY exercise its right
to modify or discontinue the Service. Member acknowledges and accepts that EDUBERRY
does not guarantee continuous, uninterrupted or secure access to our web site and
operation of our web site may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
|
|
Top ∆
|
|
|
6.
|
Third-Party Sites
|
|
Our web application may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You acknowledge
that we are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such links
or the content located on such sites. Your use of those third-party sites
is subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy policies of
third-parties’ sites.
|
|
|
7.
|
Disclaimer Regarding Information Provided by Users
|
|
You understand that all postings, 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. You are entirely responsible for all Content that you post
or otherwise make available via the Service. You understand that EDUBERRY
does not 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.
You acknowledge that EDUBERRY does not pre-screen or approve Content,
but that EDUBERRY 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.
You agree not to use the Service to transmit any Content that contains pornography,
infringes upon a copyright, or violates applicable state, federal, or international
laws, regulations or other government requirements.
EDUBERRY can make no representations or warranties as to the accuracy
or reliability of any information provided on this web site. EDUBERRY
makes no warranties or representations whatsoever with regard to any product provided
or offered by any user who posts content on the web site, and you acknowledge that
any reliance on representations and warranties provided by any user shall be at
your own risk.
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 transaction with any of these third parties.
You agree that EDUBERRY 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 EDUBERRY is under no obligation to
become involved. In the event that you have a dispute with one or more other users,
you hereby release EDUBERRY, 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.
|
|
Top ∆
|
|
|
8.
|
Governing Jurisdiction of the Courts
|
|
Our web site is operated and provided in India. As such, we are subject to
the laws of India, and such laws will govern this Terms of Use Agreement,
without giving effect to any choice of law rules. Accordingly, if you choose
to access our application you agree to do so subject to the internal laws of India
|
|
|
9.
|
Compliance with Laws
|
|
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other government
requirements. Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or international law or
regulation.
|
|
|
10.
|
Copyright and Trademark Information
|
|
|
|
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is Copyright 2011 EDUBERRY,
with all rights reserved, or is the property of third parties protected by intellectual
property rights. Any use of materials on the web site, including reproduction
for purposes other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial exploitation of
any kind, without prior written permission of an authorized officer of EDUBERRY
is strictly prohibited. Members agree that they will not use any robot, spider,
or other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized
officer of EDUBERRY
By Email (Recommended for Fastest Response):
info@uniworldedusoft.com
|
|
|
11.
|
Other Terms
|
|
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by EDUBERRY, in our sole discretion,
to a third party in the event of a merger or acquisition. This Terms of Use
Agreement shall apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation as a Member.
Member agrees that by accepting this Terms of Use Agreement, Member is consenting
to the use and disclosure of their personally identifiable information and other
practices described in our Privacy Policy Statement.
|
|
Top ∆
|
|
|