| terms and conditions
terms and conditions
When you join makansutra.com, you are agreeing to abide
by the Terms of Service below. We have created these
rules and guidelines to protect you and to ensure that
makansutra.com is safe and fun for everybody. If someone
is making a harassing statement or using bad language,
we are able to do something about it. If you encounter
another member who is not abiding by these rules, please
write to us. By agreeing to these terms, you are taking
responsibility for your own actions.
makansutra.com
1. Acceptance of Terms of Service
makansutra.com ("makansutra.com") is provided
free of charge to you by Makansutra (S) Pte Ltd. ("MS")
under these Terms of Service. Although portions of makansutra.com
may be viewed simply by visiting the Site, in order
to access the message boards and/or receive additional
services from MS you need to sign on as a guest or register
as a member of makansutra.com. If you sign on to makansutra.com
as a guest, these Terms of Service will govern your
use of makansutra.com, including access to message boards
and other features. If you register as a member of makansutra.com
community, these Terms of Service will govern your use
of makansutra.com, including access to message boards,
the e-mail account which may be provided to you and
other features. BY SIGNING ON TO MAKANSUTRA.COM AS A
GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND
SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE
AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These
Terms of Service govern your use of makansutra.com and
all services provided in connection with makansutra.com,
including but not limited to any e-mail accounts provided
to you by MS. MS shall not be liable to you for any
breach of these Terms of Service. If you do not agree
to these Terms of Service, please do not register for
or enter makansutra.com. The Terms of Service for your
continued use of makansutra.com will be available throughout
makansutra.com. Please check these areas before using
makansutra.com to determine whether a change has been
made to these Terms of Service. If you do not agree
to these changes in the Terms of Service as they may
occur, please arrange to terminate your registration
with makansutra.com immediately (i) by notifying MS
of your unwillingness to accept the changes to the Terms
of Service; and (ii) by discontinuing your use of makansutra.com.
Your continued use of makansutra.com will signify your
acceptance of any change in the terms and conditions
set forth herein.
From time to time, MS may supplement these Terms of
Service with additional terms pertaining to specific
content or events, ("Additional Terms"), which
Additional Terms may be placed on makansutra.com to
be viewed in connection with the specific content or
events and shall be identified as such. You understand
and agree that such Additional Terms are hereby incorporated
by reference into these Terms of Service.
2. Registration Information/Privacy Policy
When you register for makansutra.com, you will be required
to provide MS with the following information: your name,
email address, address, zip code, gender, marital status,
date of birth, IC number, access ID and password. In
addition, you may choose to provide makansutra.com with
additional information, including: household income,
education, occupation, interest and hobbies.
MS will not sell to any third party your name, address,
email address and member name, unless you provide your
informed consent, except to the extent necessary to
comply with applicable laws, police investigations,
or in legal proceedings where such information is relevant.
MS allows access to database information by third-parties
providing technical services, such as e-mail, but only
to the extent necessary to provide you with those services.
In those instances, the third-party is bound by these
terms. Your informed consent shall be in the form of
an "opt in" or similar policy. You understand
and agree that MS may disclose to third parties, your
zip code, gender, age, household income, education,
occupation and interest but only in the form of aggregated
information.
MS reserves the right to offer you third party services
and products based on the preferences that you identify
during the registration process and based on your subsequent
preferences; such offers may be provided to you by MS.
MS reserves the right to terminate your makansutra.com
e-mail account if MS learns that you have provided MS
with false or misleading registration information.
3. Termination
MS reserves the right, at its sole discretion, to immediately,
without notice to suspend or terminate (i) these Terms
of Service; (ii) your registration with or ability to
access makansutra.com and/or any other service provided
to you by MS including any e-mail account upon any breach
by you of the Terms of Service.
4. Modifications of Terms of Service
MS may modify these Terms of Service from time to time
at its sole discretion. Each time you log on to makansutra.com,
you will be deemed to have accepted any such changes.
5. Modifications of makansutra.com
MS may modify or discontinue makansutra.com with or
without notice to you and without liability to you or
any third party.
6. Content of Messages
You alone are responsible for the content of your messages,
and the consequences of any such messages. MS reserves
the right to terminate your registration if it becomes
aware and determines, in its sole discretion, that you
are violating any of the following guidelines.
Any use by you of any other subscriber's information,
personal or otherwise, for any commercial purpose or
to obtain direct financial gain (e.g. mass marketing)
is prohibited. Any such use shall be deemed to be a
violation of these Terms of Service. makansutra.com
is to be used by you for your personal use only. Commercial
uses of makansutra.com are strictly prohibited unless
prior written consent from MS has been granted. YOU
AGREE THAT YOU WILL NOT USE MAKANSUTRA.COM FOR CHAIN
LETTERS, JUNK MAIL, 'SPAMMING,' SOLICITATIONS (COMMERCIAL
OR NON-COMMERCIAL) OR BULK COMMUNICATIONS OF ANY KIND
INCLUDING BUT NOT LIMITED TO DISTRIBUTION LISTS TO ANY
PERSON WHO HAS NOT GIVEN SPECIFIC PERMISSION TO BE INCLUDED
IN SUCH A LIST.
You further agree not to use makansutra.com to send
or post on message boards or any place on makansutra.com,
any message or material that is unlawful, harassing,
libelous, defamatory, abusive, threatening, harmful,
vulgar, obscene, profane, sexually oriented, threatening,
racially offensive, inaccurate, or otherwise objectionable
material of any kind or nature or that encourages conduct
that could constitute a criminal offense, gives rise
to civil liability or otherwise violates any applicable
local, state, national or international law or regulation,
or encourage the use of controlled substances. MS reserves
the right to delete any such material from makansutra.com.
MS will cooperate fully with any law enforcement officials
and/or agencies in the investigation of any person or
persons who violate the Terms of Service contained in
this Section 6.
You agree not to impersonate any other person or entity,
whether actual or fictitious, including impersonating
an employee or consultant of MS. You further agree not
to use an inappropriate member name of any kind.
You agree not to post or use makansutra.com to distribute
or send any illegal material of any kind, including
but not limited to, illegal material in the form of
text, graphics, video, programs or audio. Posting content
or participating in any form of discussion with the
intention to commit any illegal activity is strictly
prohibited.
You acknowledge that (i) MS permits access to content
that is protected by copyrights, trademarks and other
intellectual and proprietary rights ("Rights");
(ii) these Rights are valid and protected in all media
and technologies existing now or later developed; and
(iii) except as explicitly provided otherwise, the Terms
of Service and applicable copyright, trademark and other
laws govern your use of such content. You may not post
to makansutra.com, copy, reproduce, retransmit, distribute,
publish, commercially exploit or otherwise transfer
any material subject to any Rights. The burden of determining
that any information, software, images or any other
content on makansutra.com is not protected by Rights
rests with you. You acknowledge that MS may acquire
Rights to use any posted materials as described below,
and that you will not acquire any of those Rights by
downloading such materials.
By submitting content, which shall include your member
name, to any "public area" of makansutra.com,
including message boards, forums, contests and chat
rooms, you grant MS and its affiliates a royalty-free,
perpetual, irrevocable, non-exclusive right (including
any moral rights) and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display
the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or
technology now known or later developed, for the full
term of any Rights that may exist in such content. You
also warrant that the holder of any Rights, including
moral rights in such content, has completely and effectively
waived all such rights and validly and irrevocably granted
to you the right to grant the license stated above.
You also permit any subscriber to access, display, view,
store and reproduce such content for personal use. Subject
to the foregoing, the owner of such content placed on
makansutra.com retains any and all Rights that may exist
in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING,
BY SUBMITTING CONTENT TO ANY CONTESTS ON MAKANSUTRA.COM,
YOU HEREBY EXPRESSLY PERMIT MS TO IDENTIFY YOU AS THE
CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION
IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER
DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU
OTHERWISE NOTIFY MS IN WRITING AT THE TIME YOU SUBMIT
THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
7. Third Party Services
You may order services or merchandise through makansutra.com
from other persons not affiliated with MS ("Seller").
All matters concerning the merchandise and services
desired from Seller, including but not limited to purchase
terms, payment terms, warranties, guarantees, maintenance
and delivery, are solely between you and Seller. MS
makes no warranties or representations whatsoever with
regard to any goods or services provided by Sellers.
You will not consider MS nor will MS be construed as
a party to such transactions, whether or not MS may
have received some form of revenue or other remuneration
in connection with the transaction or be liable for
any costs or damages arising out of, either directly
or indirectly, you or any other person involved or related
to the transaction.
MS may include special routing icons which may be located
within makansutra.com, the activation of which will
allow you to access and learn more about MS and other
services provided by MS or its affiliates whereby the
use of such icons is free of additional charge to you.
WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND
OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES
RELATING TO THE USE OF THESE SERVICES.
8. Registration and Password
You are responsible for maintaining the confidentiality
of your information and password. You shall be responsible
for all uses of your registration, whether or not authorized
by you. You agree to immediately notify MS of any unauthorized
use of your registration or password.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF MAKANSUTRA.COM IS AT
YOUR SOLE RISK. MAKANSUTRA.COM IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU WARRANT THAT ALL EDITORIAL, VIDEOS, GRAPHICS, PHOTOS
AND RECORDINGS SUBMITTED BY YOU ARE FREE FROM COPYRIGHT
RESTRICTIONS. YOU WARRANT THAT YOU HAVE THE LEGAL OR
OFFICIAL PERMISSION TO USE THE CONTENT ON MAKANSUTRA.COM
AND THAT YOU WAIVE MS FROM ANY CLAIMS TO COPYRIGHT INFRINGEMENT AND
THAT MS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OF THESE CONTENT.
MS MAKES NO WARRANTY THAT MAKANSUTRA.COM WILL MEET
YOUR REQUIREMENTS, OR THAT MAKANSUTRA.COM WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES MS MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF MAKANSUTRA.COM. MS WILL NOT BE LIABLE FOR
ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER
FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY
OR MALFUNCTION OF MAKANSUTRA.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
MAKANSUTRA.COM IS AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT MS DOES NOT GUARANTEE
THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR
PROVIDED IN CONNECTION WITH MAKANSUTRA.COM. MS IS NOT
RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS
OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION
IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MS NOR
ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN
MAKANSUTRA.COM, ARE ENGAGE IN RENDERING LEGAL, MEDICAL,
COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE.
MS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE
OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
MS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR
INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED
OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION
IN MAKANSUTRA.COM IS SOLELY AT THE YOUR OWN RISK. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MS OR THROUGH MAKANSUTRA.COM SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH MAKANSUTRA.COM OR ANY
TRANSACTIONS ENTERED INTO THROUGH MAKANSUTRA.COM.
MS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET
OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE MS'S
SITE. As a convenience to our members, we may provide
links to resources which are beyond our control. We
make no representations as to the quality, suitability,
functionality or legality of any sites to which we may
provide links, and you hereby waive any claim you might
have against MS with respect to such sites.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING,
MS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND
AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF
THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. MS specifically
disclaims liability for direct, consequential or incidental
damages arising from such advertisements. By posting
a personal or classified advertisement on makansutra.com,
you are promising that the content of your advertisement
is true and that you will indemnify MS against any claims
which may arise from your advertisements. By responding
to a classified or personal advertisement on makansutra.com,
you waive any claims against MS for damages arising
from such advertisement or your reliance upon statements
in such advertisement.
10. Limitation of Liability
MS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE
USE OR THE INABILITY TO USE MAKANSUTRA.COM OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH MAKANSUTRA.COM OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE, EVEN IF MS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
11. E-Mail Message Storage
MS assumes no responsibility for the deletion of or
failure to store e-mail messages.
12. Promotional Messages
MS and/or third parties may, from time to time, send
e-mail messages to you containing advertisements, promotions,
etc. MS makes no representation or warranty with respect
to the content of any such e-mail messages or any goods
or services which may be obtained from such third parties,
and you agree that neither MS nor such third party shall
have any liability with respect thereto.
13. Indemnification
You agree to indemnify and hold each of MS, their parents,
subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of your use of makansutra.com, the violation of these
Terms of Service by you, or the infringement by you,
or any other subscriber of your account, of any intellectual
property or other right of any person or entity.
14. Applicable Law
These Terms of Service shall be governed by and construed
in accordance with the laws of Singapore, without giving
effect to its conflict of laws provisions.
15. Remedies for Breach of these Terms by You
In the event that MS determines, at its sole discretion,
that you have breached any portion of these Terms of
Service, or have otherwise demonstrated conduct inappropriate
for the community of makansutra.com, MS reserves the
right to (i) warn you via e-mail that you have violated
these Terms of Service; (ii) delete any content provided
by you or your agent(s) to makansutra.com, (iii) delete
all content provided by you to makansutra.com, (iv)
discontinue your registration with makansutra.com and/or
any other MS community; (v) notify and/or send content
to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or (vi) any other
action which MS deems to be appropriate.
16. Miscellaneous
In the event that any provision of the Terms of Service
conflicts with the law under which the Terms of Service
are to be construed or if any such provisions are held
invalid by a court with jurisdiction over the parties
to the Terms of Service, such provision will be deemed
to be restated to reflect as nearly as possible the
original intentions of the parties in accordance with
applicable law, and the remainder of these Terms of
Service will remain in full force and effect.
The failure of either party to insist upon or enforce
strict performance by the other party of any provision
of the Terms of Service or to exercise any right under
the Terms of Service will not be construed as a waiver
or relinquishment to any extent of such party's right
to assert or rely upon any such provision or right in
that or any other instance, rather, the same will be
and remain in full force and effect.
MS may assign its rights and obligations under these
Terms of Service and upon such assignment MS may be
relieved of any further obligation hereunder.
You represent to MS that you have the authority to
register with makansutra.com according to these Terms
of Service.
These Terms of Service and any Additional Terms (as
such terms shall be identified when posted on makansutra.com
by MS) constitute the entire understanding between the
parties as to subject matter hereof, and supersede all
prior agreements and understandings. Any legally unenforceable
provision of these Terms of Service will, at the election
of MS, be deleted or modified to correct the defect
and, regardless, the remainder of the terms of these
Terms of Service will remain valid and enforceable.
MS reserves the right to charge fees, surcharges and/or
membership fees at any time upon thirty (30) days prior
written notice to you.
*** End *** |
