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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
Terms of Service
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.
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.
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