|

1. TERMS
We WELCOME
YOU to InMyList.com. InMyList.com provides its service to you,
subject to the following Terms of Service , which may be
CHANGED by us from time to time without notice to you. In
addition, when using particular InMyList.com services, you and
InMyList.com shall be subject to Terms and conditions of
InMyList.com or any guidelines or rules applicable to such
services which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
the Terms Of Services.
2.
SERVICE
InMyList.com
will provides users with access to a collection of on-line
resources, and or various communications tools, personalized
content and branded programming. Unless explicitly stated
otherwise, any new features that augments or enhances the
current Service shall be subject to the Terms of Services. You
understand and agree that the Service is provided "AS IS" and
that InMyList.com assumes no responsibility for the
timeliness, deletion, misdelivery or failure to store any user
communications.
In order to
use the Service, you must obtain access to the Internet,
either directly or through devices that access web-based
content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make
such connection to the Internet, including a computer and
modem or other access device.
3. YOUR
OBLIGATIONS
For use of
the Service, you acknowledge to: (a) provide true, accurate,
current and complete information about yourself as prompted by
the Service's registration form and (b) maintain and promptly
update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or InMyList.com
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, InMyList.com
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any
portion thereof).
4.
INMYLIST.COM PRIVACY POLICY
Registration
Data and certain other information about you is subject to our
Privacy Policy. No part of the data will be disclosed to any
third party.
5. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will
receive a password and account designation upon completing the
Service's registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
InMyList.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session.
InMyList.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section
5.
6.
CONDUCT
You
understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other
materials ("Content"), posted are the sole responsibility of
the person from which such Content originated. This means that
you, and not InMyList.com, are entirely responsible for all
Content that you upload, post, email via the Service. Under no
circumstances will InMyList.com be liable in any way for any
Content, including, but not limited to, for any errors or
omissions in 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 transmitted via the Service.
You shall not
use the Services to:
a.
Upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
b.
Impersonate any person or entity, including, but not limited
to, a InMyList.com official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with
a person or entity;
c.
Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
d. Upload, post, email or otherwise transmit any Content
that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements);
e. Upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
f. Upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such
purpose;
g. Upload, post, email or otherwise transmit any material
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;
h. Interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service;
i.
Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
You
acknowledge that InMyList.com does not pre-screen Content, but
that InMyList.com and its designees shall have the right (but
not the obligation) in their sole discretion to refuse or move
any Content that is available via the Service. Without
limiting the foregoing, InMyList.com and its designees shall
have the right to remove any Content that violates the TOS or
is otherwise objectionable. 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
acknowledge and agree that InMyList.com may preserve Content
and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce the TERMS OF SERVIS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of InMyList.com, its
users and the public.
You
understand that the technical processing and transmission of
the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
8.
INDEMNITY
You agree to
indemnify and hold InMyList.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, your violation of the TERMS OF SERVICES, or your
violation of any rights of another.
9. NO
RESALE OF SERVICE
You agree not
to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
10.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that InMyList.com may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, or
other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted
on InMyList.com's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
InMyList.com has no responsibility or liability for the
deletion or failure to store any messages and other
communications or other Content maintained or transmitted by
the Service. You acknowledge that InMyList.com reserves the
right to log off accounts that are inactive for an extended
period of time. You further acknowledge that InMyList.com
reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without
notice.
11.
MODIFICATIONS TO SERVICE
InMyList.com
reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that
InMyList.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the
Service.
12.
TERMINATION
You agree
that InMyList.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
InMyList.com believes that you have violated or acted
inconsistently with the letter or spirit of the TERMS OF
SERVICES. InMyList.com may also in its sole discretion and at
any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any
termination of your access to the Service under any provision
of this TERMS OF SERVICES may be effected without prior
notice, and acknowledge and agree that InMyList.com may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that
InMyList.com shall not be liable to you or any third-party for
any termination of your access to the Service.
13.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service,
including payment 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
advertiser. You agree that InMyList.com shall not be
responsible or 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 advertisers on the Service.
14. LINKS
The Service
may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because InMyList.com has no
control over such sites and resources, you acknowledge and
agree that InMyList.com is not responsible for the
availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree
that InMyList.com shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such
site or resource.
15.
INMYLIST'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by InMyList.com or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or
the Software, in whole or in part.
InMyList.com
grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that
is provided by InMyList.com for use in accessing the Service.
16.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND ACKNOWLEDGE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
INMYLIST.COM EXPRESSLY MAKES NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. INMYLIST.COM MAKES NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM, SOFTWARE OR ANY APPLICATION OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
d. NO ADVICE OR INFORMATION SHALL CREATE ANY WARRANTY,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INMYLIST.COM OR
THROUGH OR FROM THE SERVICE NOT EXPRESSLY STATED IN THE Terms
Of Services.
17.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT INMYLIST.COM SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF INMYLIST.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
18.
EXCLUSIONS AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to
you may be made through or via either email or regular mail.
The Service may also provide notices of changes to the Terms
Of Services or other matters by displaying notices or links to
notices to you generally on the Service.
21.
TRADEMARK INFORMATION
InMyList.com
logos and product and service names are trademarks of In My
List. Without In My List' prior permission, you agree not to
display or use in any manner, the InMyList.com Marks.
In My List, AG 250,
Shalimar Bagh, New Delhi - 110088
email: contact@InMyList.com
23.
GENERAL INFORMATION AND JURISDICTION.
The Terms Of
Services constitute the entire agreement between you and
InMyList.comand govern your use of the Service, superceding
any prior agreements orally, by document or through
electronically between you and InMyList.com. You also may be
subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party
software. The laws of Government of India and State Government
of Delhi without regard to its conflict of law provisions
shall govern the Terms Of Services and the relationship
between you and InMyList.com. You and InMyList.com agree to
submit to the personal and exclusive jurisdiction of the
courts located within the city of New Delhi, India. The
failure of InMyList.com to exercise or enforce any right or
provision of the Terms Of Services shall not constitute a
waiver of such right or provision. If any provision of the
Terms Of Services is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms of Services remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Service or the Term Of Services must be
filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section
titles in the Terms Of Services are for convenience only and
have no legal or contractual effect.
24.
VIOLATIONS
Any
violations of the Terms Of Services must be reported to us
immediately at contact@InMyList.com.
Send mail to
contact@InMyList.com
with questions or comments about this web site. |
|