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Welcome
to Rediff Photos a service owned and operated by Rediff.com
India Ltd. The use of this Service by You shall be in accordance
with the terms and conditions of this Agreement.
1.
Term of Agreement/Service:
This
Agreement shall continue to be in full force and effect for
so long as you are using the Rediff Photos Services. By clicking
on the [Close] button, you are agreeing to use the Services
in a manner consistent with and abide by the terms and conditions
of this Agreement and with all applicable laws and regulations.
Either you or Rediff.com may terminate the service at any
time, with or without cause. However, Rediff.com reserves
the right, in its sole discretion, to terminate your access
to the Rediff Photo services and the related services or any
portion thereof at any time, without notice. The provisions
of clauses 4, 10, 12 and 14 shall survive any such termination
2.
Modification of Terms and conditions of Service:
Rediff.com may at any time modify the terms and conditions
("Terms") of the Service without any prior notification
to you. You can access the latest version of the terms on
http://photos.rediff.com. You should regularly review the
Terms. In the event the modified Terms are not acceptable
to you, you should discontinue using the service. However,
if you continue to use the service you agree to accept and
abide by the modified Terms.
3.
Subscriber Conduct - SPAMMING IS PROHIBITED:
Spamming includes the transmission of any form of mail
that can be interpreted as junk mail or mail generated via
a distribution list, which the recipient has not specifically
requested. You agree you are solely responsible for your content
and you acknowledge Rediff Photos acts as a passive conduit
for the distribution and transmission of your data/images.
You represent and warrant the content you provide to Rediff
Photos (a) is not defamatory, trade libelous, pornographic
or obscene; (b) does not infringe on any third party's intellectual
property or proprietary rights or rights of publicity or privacy;
(c) doe
s not violate any law, statute, ordinance or regulation; (d)
does not contain viruses or other similar harmful or deleterious
programming routines; (e) is not aimed at hacking or attempting
to use machine or network resources for unlawful or illegal
purposes or disrupting the networks related to the Service.
If you violate any of these provisions your rights to use
the service will be terminated immediately, notwithstanding
penal provisions under the Indian Cyber laws or any other
allied laws enacted by the Government of India or any other
statutory, legislative or regulatory authority authorized
in this regard from time to time.
4.
Registration Data:
To
avail of and use the Services you will have to register with
Rediff Photos. As a part of registration process you agree
to provide Rediff Photos current, complete, and accurate registration
information (the "Registration Data") as prompted
to do by the Service and to maintain and update this information
as required to keep it current, complete and accurate. You
shall not (i) select or use a member ID of another person
with the intent to impersonate that person; (ii) use a member
ID in which another person has rights, without such person's
authorization; and (iii) use a member ID that Rediff.com,
in its sole discretion, deems offensive. Failure to comply
with the foregoing shall constitute a breach of this Agreement,
which may result in immediate termination of your account.
You shall
be responsible for maintaining the confidentiality of your
password, which you will not be under an obligation to reveal
to any representative or agent of Rediff.com. You must not
divulge your username and or password to any other person
and you should take reasonable precautions to ensure it that
other people do not discover it.
You agree
and understand that Rediff Photos Service is advertising supported
and you grant Rediff.com the right to disclose the aggregate
Registration Data to third parties in connection with marketing
the Services. Furthermore, you agree and grant Rediff.com
the right to use your individual Registration Data to provide
targeting of advertisements and other Service offers.
You shall notify customersupport@rediff.co.in of any known
or suspected unauthorized use(s) of your account, or any known
or suspected breach of security, including loss, theft, or
unauthorized disclosure of your password.
5. Various Features offered:
Rediff
Photos service is brought to you by Rediff.com. This service
enables you to upload, view, organize, share, print, transmit
the images/photographs as per the terms and conditions contained
herein. To avail of or use this service you will have to upload
the photographs/images you choose to share, store, print or
transmit through this Service.
(a) This
service is brought to you by Rediff.com free of charge. However,
Rediff.com reserves the right to charge the said services
at any point of time in future, upon its sole discretion.
(b) This
service enables you to upload the photos/images once you are
logged into the service by using your account.
(c) You
will be able to organize, store, print, share, or transmit
the images and create the albums of the images/ uploaded by
you.
(d) This
service also enables you to organize and store the images
in different albums under different names and dates and also
to add and edit captions to the images/photographs.
(e) You
will also be able to send and receive the comments from the
other users to the images uploaded.
(f) In
the event you choose to share your photographs with any person
("recipient"), an access link will be forwarded
to the recipient containing the URL of image in your account/album.
Recipient need not necessarily be a registered user of services
provided by Rediff.com.
(g) The
Recipient with whom you wish to share the images will be able
to forward the link to any other person(s) of his choice and
such person(s) shall be able to access your album by clicking
on the said link.
(h) The
Recipient shall also be able to save, copy, print and use
your images in any manner as they deem fit.
(i) You
may choose to share the images/photos either only with your
friends and/or also with General Public. In the event you
choose to share your images/photos with the General Public,
you agree, understand and accept that everyone and anyone
will be able to access and use the said images/photos uploaded
by you.
(j) If
you choose to delete any particular image Rediff Photos will
not be able to recover the deleted image.
6. Members/Users Conduct:
You
agree and understand that you shall be solely responsible
for any transmission/uploading of data, files, photographs,
pictures, images, graphics or any other material (content),
whether publicly or privately and that Rediff photos shall
not be responsible for any content posted or transmitted through
the use of this service. You acknowledge that content, including
but not limited to text, software, music, sound, photographs,
video, graphics or other material contained in either sponsor
advertisements or E-mail distributed, commercially produced
information presented to you by Rediff Photos is protected
by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. You are permitted to use this
content as authorised by the Service.
(a) You agree to abide by the terms and conditions of this
Service for the period you avail of /use this service;
(b) You shall be able to view, share, print, organize, store
or transmit the images or photographs once you upload the
image in the manner provided elsewhere in this Site;
(c) You shall be able to create the album of the select/all
images/photographs uploaded by you;
(d) You agree that you will not edit, alter, temper with any
of the images uploaded by any user;
(e) You agree and undertake that you will not use this service
to post/transmit the content that is illegal or prohibited.
The following is a non-exhaustive list of Content that is
illegal or prohibited:
· Obscene/Pornographic/Vulgar/Provocative pictures
or textual material transmitted through this service;
· displays pornographic, sexually explicit, obscene,
vulgar or provocative material of any kind;
· harasses or advocates harassment of another person;
· patently offensive to the online community, for instance
Content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
· any content, messages, photos or profiles that in
the sole judgment of Rediff.com violates the Terms of Use
or which may be offensive, illegal, or that might violate
the rights, harm or threaten the safety of other Rediff Photo
Users/Registrants/Members or other services offered by Rediff.com
or Rediff.com;
· provides instructional information about illegal
activities such as making or buying illegal weapons or arms
and ammunition, violating someone's privacy, or providing
or creating computer viruses;
· false information displayed in order to defame or
cause nuisance to Rediff.com or its users or non-users.
· promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
· promotes an illegal or unauthorized copy of another
person's copyrighted work, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
works, contains restricted or password only access pages,
or hidden pages or images (those not linked to or from another
accessible page);
· involves the transmission of "junk mail",
"chain letters," or unsolicited mass mailing or
"spamming";
· solicits passwords or personal identification information
for commercial or unlawful purposes from other users;
· engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes;
· any other content that is deemed to be illegal or
of a prohibitory nature;
YOU EXPRESSLY
AGREE, UNDERSTAND AND ACKNOWLEDGE THAT REDIFF DOES NOT MONITOR
AND VERIFIES ANY IMAGES, PHOTOGRAPHS, CONTENT UPLOADED THROUGH
REDIFF PHOTO. YOU SHALL NOT UPLOAD ANY OBSCENE/VULGAR/PORNOGRAPHIC
IMAGES, PHOTOGRAPHS, PICTURES OR CONTENT. IN THE EVENT YOU
COME ACROSS ANY SUCH OFFENDING CONTENT YOU AGREE TO INITIMATE
THE SAME TO REDIFF.COM IMMEDIATELY AT abuse@rediff.co.in
(f) You
must use the service in a manner consistent with any and all
applicable local, state, Indian and International law and
such other applicable laws, rules and regulations.
(g) You agree that the links provided to the recipient can
be stored, transmitted, printed or further forwarded to any
person/account and that the images uploaded by you can be
accessed and used by such parties to whom the links have been
forwarded.
(h) You expressly grant, and you represent and warrant that
you have the right to grant, to Rediff Photos and members/users
of Rediff Photos, an irrevocable, perpetual, non-exclusive,
royalty free, worldwide license to use, copy, perform, display,
and distribute such images and content and to prepare derivative
works of, or incorporate into other works, such images, information
and content, and to grant and authorize sublicenses of the
foregoing.
(i) You agree to post/upload only those images in respect
of which you possess all rights and authorities.
(j) You agree and undertake that you will not post, distribute,
or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights.
(k) You are provided the facility to interact and share the
comments in respect of the images and captions uploaded by
you. You agree and undertake that the comments offered by
you are not prohibitory, illegal, defamatory, vulgar or provocative,
sexually explicit, obscene, harasses or advocates harassment
of another person, patently offensive to the online community,
provides instructional information about illegal activities
such as making or buying illegal weapons or arms and ammunition,
violating someone's privacy, or providing or creating computer
viruses. Rediff reserves the right to remove, delete, block
the said comment suomoto or upon any complaint or request
received in this regard.
7. Data Utilized by Rediff Photos and stored by our Servers:
You
agree, understand and consent that for providing the Services
under this Agreement:
· Our servers will retain the personal information
provided by you while registering for the Service. Such information
will be used to provide you the services requested by you.
Rediff reserves the right to use this information to disclose
the aggregate Registration Data to third parties in connection
with marketing the Services.
· Our servers will store your Recipient's ID and contact
information when you add a friend to your friends/Rediffmail
address list.
· Any files, instant messages transmitted by you to
recipient may be transmitted through our servers.
· Our servers will not save any message. Even if you
may choose not to save the message, the recipient/third party
may opt to save and print the message.
8. Privacy:
Use
of this site is subject to our Privacy Policy.
Rediff Photos respects your privacy.
Rediff Photo will not intentionally monitor or disclose any
private messages or address information unless required by
law, regulation or court order. You agree to respect the privacy
and confidentiality of others.
9.
Personal Use & Security:
You
acknowledge your right to use the Service is personal to you.
You agree not to resell or make any commercial use of the
Service without the express consent of Rediff Photo. You are
entirely responsible for not maintaining the confidentiality
of your password and account. You shall be fully liable for
all use of your account, including any unauthorized use of
your account by any third-party.
You agree
and understand that the links forwarded by you to the Recipient
can be further forwarded by the Recipient to such other persons/the
third parties. You understand and acknowledge that such third
party will be able to access the images and will be able to
use, store, share, print, transmit and further forward the
images. You agree that you are solely responsible for your
interaction with the other users/members or third parties
and that Rediff Photos or Rediff.com is not and shall not
be a party to the disputes between you and/or any other user
and that Rediff Photos or Rediff.com shall not be under any
obligation to monitor any disputes between you and the other
user. Rediff Photos or Rediff.com reserves the right to take
appropriate action against the errant member/user.
Illegal and/or unauthorized use of the Service, including
unauthorized framing of or linking to the Rediff Site will
be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal and injunctive
redress.
10. Indemnification:
You
agree to defend, indemnify and hold harmless Rediff Photo
and Rediff.com, its employees, directors, officers, agents
and their successors and assigns from and against any and
all claims, liabilities, damages, losses, costs and expenses,
including attorney's fees, caused by or arising out of claims
based upon the use of your account, including any claim of
libel, defamation, violation of rights of privacy or publicity,
loss of service by other subscribers and infringement of intellectual
property or other rights.
11.
Disclaimer of Warranties:
REDIFF PHOTOS, REDIFF.COM EXPRESSLY DISCLAIMS ANY WARRANTIES
WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE,
LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE REDIFF SITES/SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. REDIFF HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU AGREE THAT ANY CONTENT OR MATERIAL TRANSMITTED AND OR
DOWNLOADED THROUGH THE USE OF THIS SERVICE WILL BE AT YOUR
SOLE RISK AND THAT REDIFF.COM SHALL NOT BE RESPONSIBLE FOR
ANY HARM OR DAMAGE RESULTING TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM SUCH TRANSMISSION OR DOWNLOAD.
YOU SPECIFICALLY AGREE THAT REDIFF.COM SHALL NOT BE RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT
OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN REDIFF
SITE/SERVICE. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE
OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE FOR
ANY CONTENT SENT USING AND/OR INCLUDED IN AN REDIFF SITE/SERVICE
BY ANY THIRD PARTY.
ADVICE RECEIVED VIA THE REDIFF SITES/SERVICES SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
12. Limitation of Liability:
REDIFF.COM HAS MADE THIS SERVICE AVAILABLE TO YOU AS A
MATTER OF CONVENIENCE. REDIFF.COM EXPRESSLY DISCLAIMS ANY
CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE,
VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR
ALTERING OR DISTORTING THE IMAGE OF ANY PHOTOS AVAILABLE UNDER
THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER.
YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE
FOR YOUR CONDUCT AND THAT REDIFF.COM RESERVES THE RIGHT TO
TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING
PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER
ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER
STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED
IN THIS REGARD FROM TIME TO TIME.
IN NO
EVENT SHALL REDIFF.COM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR
FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE REDIFF
SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST
DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, EVEN IF REDIFF.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE REDIFF SITES/SERVICES
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE REDIFF SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE REDIFF SITES/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF REDIFF OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. REDIFF DOES NOT ENDORSE
IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS
WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY OF ALL INFORMATION
ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING THEREUPON.
REDIFF SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL
DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE CONTENTS
OF THE ADVERTISMENT.
SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
13. Entire Agreement:
If
any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed to be superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Rediff.com, Rediff
photos with respect to the Rediff sites/services and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
Rediff.com with respect to the Rediff sites/services. Rediff.com's
failure to act with respect to a breach by you or others does
not waive its right to act with respect to subsequent or similar
breaches.
14. Governing Law and Jurisdiction:
This agreement is governed and construed in accordance
with the Laws of Union of India. You hereby irrevocably consent
to the exclusive jurisdiction and venue of courts in Mumbai,
Maharashtra, India, in all disputes arising out of or relating
to the use of the Rediff sites/services. Use of the Rediff
sites/services is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree to
indemnify and hold Rediff.com, subsidiaries, affiliates, officers
and employees, harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the
Rediff sites/services.
Rediff.com's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of Rediff.com's right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of the Rediff sites/services or information provided
to or gathered by Rediff.com with respect to such use.
15.
Trademarks
Rediff
Photos, Rediff.com, Rediffmail.com, Rediff.co.in and any other
expression that contains the word "Rediff" are the
worldwide trademarks of Rediff.com India Limited. These trademarks
may not be used in connection with any product or service
that is not that of Rediff.com India Ltd.
Copyright
© 1996-2005 Rediff.com India Limited. All Rights Reserved.
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