Professional Documents
Culture Documents
I. ACCEPTANCE OF TERMS
Welcome to our website. If you continue to browse and use this website, you are agreeing to
comply with and be bound by the following terms and conditions of use, (hereinafter Terms)
which together with our privacy policy govern XYZS relationship with you in relation to this
website at www.XYZ.com (hereinafter Site) and any related mobile or software applications
(hereinafter "XYZ Platform") that enable you to use the Services.
In order to use the Services, you must first agree to the Terms. You can accept the Terms
Actually using the Services. In this case, you understand and agree that XYZ will treat your use
of the Services as acceptance of the Terms from that point onwards.
If you disagree with any part of these terms and conditions, please do not use our website.
Your use of the XYZ Platform is at your own risk, including the risk that you might be
exposed to content that is objectionable, or otherwise inappropriate.
II. DEFINITIONS
i. User
"User" or "You" refers to you, as a user of the Services. A user is someone who accesses or
uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or
uploading information or views or pictures and includes other persons jointly participating in
using the Services.
ii. Content
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location
data, nearby places, and all other forms of information or data. "Your content" or "User
Content" means content that you upload, share or transmit to, through or in connection with
the Services, such as likes, ratings, reviews, images, photos, messages, profile information,
and any other materials that you publicly display or displayed in your account profile. "XYZ
Content" means content that XYZ creates and make available in connection with the Services
including, but not limited to, visual interfaces, interactive features, graphics, design,
compilation, computer code, products, software, aggregate ratings, reports and other usage-
related data in connection with activities associated with your account and all other elements
and components of the Services excluding Your Content and Third Party Content. "Third
Party Content" means content that comes from parties other than XYZ or its users and is
available on the Services.
You shall not disclose to any person your password and shall not permit or authorize any
person to use your login name or password for any purpose whatsoever.
XYZ may treat any access to or use of the Site at any time by the use of your login name and
password as access to or use of the Site by you, notwithstanding that it may have been used by
any other person without your knowledge or authority.
Upon learning that any person has acquired knowledge of your password or has used your
password to access or use the Site or effect any transaction (whether with or without your
knowledge and consent), you shall immediately notify XYZ thereof and/or at XYZs request,
make a police report thereof and/or provide XYZ with any other information relating thereto
as it may require and immediately change the password.
XYZ takes certain industry-accepted precautions to secure the Site or portions thereof.
However, you agree that such precautions do not guarantee that use of the Site is invulnerable
to all security breaches, nor does XYZ make any warranty, guarantee, or representation that
use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
X. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
i. You assume total responsibility and risk for your use of the Site and the Internet. XYZ does
not make any express or implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or non-infringement, or the implied
warranties of merchantability or fitness for a particular purpose) with regard to the Site, any
merchandise, information or service provided through the Site or on the Internet generally,
and XYZ shall not be liable for any cost or damage arising either directly or indirectly from
any such transaction. The Site and any software made available on the Site are provided on
an "as is, as available" basis.
ii. XYZ makes no warranty that
a. The Site will meet your requirements or will always be accessible,
b. The Site will be uninterrupted, timely, secure, error-free or free from computer
virus or other invasive or damaging code
c. The quality of any products, services, information, or other material purchased or
obtained by you through the Site will meet your expectations,
d. Any errors in the Site will be corrected.
e. The functions contained in the materials on this web site will be uninterrupted or
error-free, that defects will be corrected, or that this site or the server that make it
available are free of viruses or other harmful components.
f. The use of or the result of the use of the material in this web site or as to the
correctness, accuracy, reliability, proprietary character or otherwise of the site
content.
c. User License
We grant you a personal, limited, non-exclusive and non-transferable license to access
and use the Services only as expressly permitted in these Terms. You shall not use the
Services for any illegal purpose or in any manner inconsistent with these Terms. You
may use information made available through the Services solely for your personal, non-
commercial use. You agree not to use, copy, display, distribute, modify, broadcast,
translate, reproduce, reformat, incorporate into advertisements and other works, sell,
promote, create derivative works, or in any way exploit or allow others to exploit any of
XYZ Content in whole or in part except as expressly authorized by us. Except as
otherwise expressly granted to you in writing, we do not grant you any other express or
implied right or license to the Services, XYZ Content or our IP Rights.
You may not use any robot, spider, or other automatic or manual device or process to
monitor or copy our web pages or any portion of the Content contained herein without
XYZs express written permission.
You may not use any device, software or routine to interfere or attempt to interfere with
the proper working of the Site, or to impose an unreasonable or disproportionately large
load on the servers serving the Site.
d. Legal Remedy
Any violation by you of the license provisions contained in this Section may result in the
immediate termination of your right to use the Services, as well as potential liability for
copyright and other IP Rights infringement depending on the circumstances.
ii. User Content
a. License
By submitting Your Content you hereby irrevocably grant XYZ a perpetual, irrevocable,
world-wide, non-exclusive, royalty-free, sub-licensable and transferable license with the
right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and services) you
submit to public areas of the Site (such as message boards, forums, Member Profiles,
yellow pages, job folders or other features that allow users to post information that will
be accessible by the public or the user population generally) by all means and in any
media now known or hereafter developed. You also grant to XYZ the right to use your
name in connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against XYZ for any alleged or actual
infringement or misappropriation of any proprietary right in your communications to us,
except in the manner provided for in these Terms.
b. Confidentiality
Except for any information which we have expressly agreed to keep confidential, any
feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that
you send to us via the Site, via email or howsoever otherwise whether in human or
machine readable form, will be treated as being non-confidential and non-proprietary.
We assume no obligation to protect such information from disclosure and will be free to
reproduce, use, and distribute the information to others without restriction. We will also
be free to use any ideas, concepts, know-how or techniques contained in information
that you submit on the Site for any purpose whatsoever including but not limited to
developing, manufacturing and marketing products and services incorporating such
information.
XYZ reserves all rights to disable any links to, or frames of any site containing
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics,
names, material or information, or material or information that violates any written law,
any applicable intellectual property, proprietary, privacy or publicity rights.
XYZ may modify this Policy at any time at its sole discretion, and such modifications shall be
effective immediately upon posting of the modified terms. Your continued access to or use of the
Site or XYZ Platform shall be deemed to be your conclusive acceptance of such modified Policy.
XIV. ADVERTISING
Some of the Services are supported by advertising revenue and may display advertisements and
promotions. These advertisements may be targeted to the content of information stored on the
Services, queries made through the Services or other information. The manner, mode and extent of
advertising by XYZ on the Services are subject to change without specific notice to you. In
consideration for XYZ granting you access to and use of the Services, you agree that XYZ may
place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material
submitted to XYZ by third parties or Users. Responsibility for ensuring that material submitted for
inclusion on the XYZ Platform or mobile apps complies with applicable international and national
law is exclusively on the party providing the information/material. Your correspondence or
business dealings with, or participation in promotions of, advertisers other than XYZ found on or
through the XYZ Platform and or mobile apps, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations associated with such
dealings, shall be solely between you and such advertiser. XYZ will not be responsible or liable for
any error or omission, inaccuracy in advertising material or any loss or damage of any sort
incurred as a result of any such dealings or as a result of the presence of such other advertisers on
the XYZ Platform and mobile application.
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