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Terms and Conditions of Service Agreement

PLEASE READ THESE TERMS OF SERVICE AGREEMENT OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEB SITE OR AVAILING SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE, SO ARE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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This Terms of Service Agreement (the "Agreement") governs your use of this website, daaman4men.org, Daaman Welfare Society & Trust (hereinafter referred to as "Daaman") offer of service for awareness on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Daaman reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Daaman will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Daaman encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Daaman for any other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

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I.     PRODUCTS

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Terms of Offer: This Website offers awareness and information about Daaman, a proud part of  Save Indian Family Movement, Men’s Rights Movement in India.

 

Solicitation: Unless you notify precise details of your non-satisfaction and of your desire to opt out from further direct communications, you are agreeing to continue to receive further emails from Daaman or its members.

 

Opt-Out Procedure: We provide 3 easy ways to opt out of from future communications. 1) You may use the opt-out link found in any email communication that you may receive. 2) You may also choose to opt out, via sending your email address to unsubscribe@daaman4men.in. 3) You may send a written remove request to Daaman.

Proprietary Rights: Daaman does not claim any proprietary rights on any of our services (except expressly notified). You may copy, reproduce, or redistribute any content produced/shared by Daaman.

 

II.    WEBSITE

 

Content; Intellectual Property; Third Party Links: In addition to making content and services available, this Website also offers information for the sake of social awareness. This Website also offers information, both directly and through indirect links to third-party websites, about Save Indian Family Movement, Men’s Rights Movement in India. Daaman does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Daaman does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Daaman does not endorse the contents on any such third-party websites. Daaman is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

 

Use of Website: Daaman is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use of the Website by other users, (3) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website.

 

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may copy, reproduce, transmit, distribute, or create derivative works of such content or information without any written authorization from Daaman.

 

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Daaman a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Daaman does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Daaman is not liable for any damage or harm resulting from any posts by or interactions between users. Daaman reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Daaman deems objectionable, in Save Indian Family Movement's/Men’s Rights Movement's sole discretion.

 

III.   DISCLAIMER OF WARRANTIES

YOU’RE USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAAMAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SOUNDNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DAAMAN MAKES NO WARRANTY:

 

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

 

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFECTS IN SERVICES WILL BE CORRECTED.

 

REGARDING ANY SERVICES AVAILED THROUGH THE WEBSITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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IV.  LIMITATION OF LIABILITY

 

DAAMAN ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO YOUR PARTICIPATION IN THE MOVEMENT VIA THE WEBSITE.

 

DAAMAN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; (3) ANY SERVICES AVAILED THROUGH THE WEBSITE; OR (4) ANY LOSS PROFITS YOU ALLEGE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

V.   INDEMNIFICATION

 

You will release, indemnify, defend and hold harmless Daaman, and any of its members, activists, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Daaman. When Daaman is threatened with suit or sued by a third party, Daaman may seek written assurances from you concerning your promise to indemnify Daaman; your failure to provide such assurances may be considered by Daaman to be a material breach of this Agreement. Daaman will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Daaman choice at its expense. Daaman will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Daaman against any claim, but you must receive Daaman prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.

 

VI.  PRIVACY

 

Daaman believes strongly in protecting user/member privacy and providing you with notice of Daaman's use of data. Please refer to Daaman Privacy Policy, incorporated by reference herein, that is posted on the Website.

 

VII.  AGREEMENT TO BE BOUND

 

By using this Website or availing Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

 

VIII. GENERAL

 

Force Majeure: Daaman will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

 

Cessation of Operation: Daaman may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Services.

 

Entire Agreement: This Agreement comprises the entire agreement between you and Daaman and supersedes any prior agreements pertaining to the subject matter contained herein.

 

Effect of Waiver: The failure of Daaman to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.

 

IX.  Governing Law:

 

Jurisdiction: This Website originates from Kanpur, UP, India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Daaman will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Kanpur, UP, India. By using this Website or availing Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim to arise under or by reason of this Agreement. You hereby waive any right to trial by court arising out of this Agreement and any related documents.

 

The Statute of Limitation: 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 Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

 

Termination: Daaman reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Daaman may, in its sole discretion and without advance notice to you, cancel any or all of its Services due for you. If your access to the Website is terminated, Daaman reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Daaman chooses, in its sole discretion and without advance to you, to terminate it.

 

Domestic Use: Daaman makes no representation that the Website or Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

 

Assignment: You may not assign your rights and obligations under this Agreement to anyone. Daaman may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

 

BY USING THIS WEBSITE OR AVAILING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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