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Terms and Conditions This is a legal and binding agreement between you and Hi-Tech Outsourcing (P) Ltd., an Ahmedabad based Indian corporation, which owns and operates the itmatchonline.com web site. Please read this entire agreement carefully before accepting its terms. itmatchonline.com TERMS OF USE 1. Definitions. “itmatchonline.com” is an interactive on-line service operated by Hi-Tech Outsourcing (P) Ltd. (“HTO”) on the World Wide Web of the Internet. "Subscriber" means each person whether individual or a business, who establishes or accesses a connection ("Account") for access to and use of itmatchonline.com. 2. General. (A) This Agreement sets forth the terms and conditions that apply to use of itmatchonline.com by Subscriber. By using itmatchonline.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use itmatchonline.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any login name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any. (B) HTO shall have the right at any time to change or discontinue any aspect or feature of itmatchonline.com, including, but not limited to, content, hours of availability, and equipment needed for access or use. 3. Changed Terms. HTO shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of itmatchonline.com, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on itmatchonline.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of itmatchonline.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions. 4. Equipment. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of itmatchonline.com and all charges related thereto. 5. Subscriber Conduct. (A) Subscriber shall use itmatchonline.com for lawful purposes only. Subscriber shall not post or transmit through itmatchonline.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a Subscriber that in HTO 's discretion restricts or inhibits any other Subscriber from using or enjoying itmatchonline.com will not be permitted. Subscriber shall not use itmatchonline.com to solicit other users to become subscribers of other on-line information services competitive with itmatchonline.com. (B) itmatchonline.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of itmatchonline.com are copyrighted as a collective work under the Indian copyright laws. HTO owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HTO and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material. (C) Subscriber shall not upload, post or otherwise make available on itmatchonline.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of itmatchonline.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted HTO the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants HTO the rights to edit, copy, publish and distribute any material made available on itmatchonline.com by Subscriber. (D) The foregoing provisions of Section 5 are for the benefit of HTO, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 6. Disclaimer of Warranty; Limitation of Liability. (A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF itmatchonline.com IS AT SUBSCRIBER'S SOLE RISK. NEITHER HTO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT itmatchonline.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF itmatchonline.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH itmatchonline.com (B) itmatchonline.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT HTO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. (D) IN NO EVENT WILL HTO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING itmatchonline.com OR THE itmatchonline.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE itmatchonline.com SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON itmatchonline.com (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HTO, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN itmatchonline.com OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. HTO, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR PROCUREMENT OR SALES DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, HTO, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. 7. Monitoring. HTO shall have the right, but not the obligation, to monitor the content of itmatchonline.com, including listings and forums, to determine compliance with this Agreement and any operating rules established by HTO and to satisfy any law, regulation or authorized government request. HTO shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on itmatchonline.com. Without limiting the foregoing, HTO shall have the right to remove any material that HTO, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 8. Indemnification. Subscriber agrees to defend, indemnify and hold harmless HTO, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of itmatchonline.com by Subscriber or Subscriber's Account. 9. Termination. Either HTO or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, HTO shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which HTO, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement. 10. Trademarks. All trademarks appearing on itmatchonline.com are the property of their respective owners. 11. Third Party Content. HTO is a distributor of content supplied by third parties and Subscribers. Accordingly, HTO has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of itmatchonline.com, are those of the respective author(s) or distributor(s) and not of HTO. Neither HTO nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through itmatchonline.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with HTO. HTO neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on itmatchonlineg.com by anyone other than authorized HTO employee spokespersons while acting in their official capacities. Under no circumstances will HTO be liable for any loss or damage caused by a Subscriber's reliance on information obtained through itmatchonline.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through itmatchonline.com. Please seek the advice of professionals, and perform additional due diligence, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. 12. Miscellaneous. This Agreement and any operating rules for itmatchonline.com established by HTO constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 13. Copyrights and Copyright Agent. HTO respects the rights of all copyright holders and in this regard, HTO has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HTO with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; • Information reasonably sufficient to permit us to contact the complaining party; • 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, its agent, or the law; and 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 infringed. Your Relationship with Merchants, Advertisers, and Users Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold HTO liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Site Guard Your Password You must safeguard the User ID and password You use to access this Site. You authorize us to assume that any person using the Site with Your User ID and password is either You or is authorized to act for You. Penalties Without limiting itmatchonline.com other remedies, We may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to You (a) if You breach any terms and conditions of this Use Agreement or the agreements incorporated herein by reference, including our written policies and procedures posted on the Site; (b) if We are unable to verify or authenticate any information You provide to Us; or (c) if We believe that your actions may cause legal liability for You, our users or for itmatchonline.com. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the itmatchonline.com service under the same account, a different account or reregister under a new account. Violations of this Use Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Project Policy You agree to NOT post any of the following: • Projects that are fake, posted without the intention to award or complete the project or posted only to receive pricing information unless specifically mentioned in the Description of Project. • Projects that offer commission, equity compensation or request free services, unless it is mentioned in the Description as Non Profit projects • Advertisements or service offers • Full time employment or recruitments • Projects related to adult content or businesses • Projects related to bulk email/"SPAM" including but not limited to bulk email hosting, scripts, programs, proxies, lists, and relay servers Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations. Jurisdiction All disputes are subject to Ahmedabad (state of Gujarat), India jurisdiction.
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