Terms and Conditions for usage - MyOwnIndia

MyOwnIndia.com (hereinafter referred "MOI") is a website that provides a collection of online classified advertisements, postings of events and happening in different parts of India and other resources (collectively, the "Service") on the website www.MyOwnIndia.com and the mobile application of the platform (collectively, the "Website"). The Website and the Service are provided to you subject to these MOI Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms 'you' and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at MOI’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. These Terms may be updated by MOI at any time at its sole discretion. MOI shall only provide English version of the Terms and you may seek guidance of a person well versed in English before agreeing for the terms, if you find it difficult to comprehend the terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with MOI or the Service in any way, your only choice is to immediately discontinue use of MOI.

1.You specifically agree that the site is intended for spreading goodness and developing local markets digitally. You understand and agree that you shall not use the website for promoting hatred, or infringing religious or communal sentiments of any religion, caste, creed, individual or organisation. You also understand and agree that any news or articles posted by you in the platform shall only of positive nature and acceptable to society, families and even minor children. You also agree and undertake that MOI shall in not any way responsible for any of your actions and that you shall be solely responsible for damages if any occurs on account of such postings/ publications.

2.You understand that when using the Website, you will be exposed to Content from a variety of sources, and that MOIis not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MOI with respect thereto.

3.You agree to defend, indemnify and hold harmless MOI, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.

4.You agree and understand that transactions taking place based on the advertisements of sellers/ service providers is only based on your own assessment and MOI has no role in any such transactions and that MOI does not guarantee any such transaction.

5. MOI is a website for free online classifieds and posting positive news/ developmental needs of your area. We act as a intermediary to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website, at your own risk. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors or net banking, MOI is not in any way in involved in such transactions. Any such transaction shall be as per the mutual understanding between you and the service provider/seller. MOI does not guarantee the quality of service offered / product sold through the site. As a result, you hereby acknowledge and agree that MOI is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions.

6. You understand that MOI does not control, and is not responsible for ads, directory information, business listings/information, messages between users, articles/news items posted, including without limitation e-mails sent from outside MOI’s domain or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"). The platform of MOI is for publishing classified of socially acceptable nature and positive news only that are socially acceptable. However, by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MOI be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that MOI cannot and does not pre-screen/post screen or approve any Content, but that MOI has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to MOI’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to MOI. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. In short we do not guarantee authenticity or accuracy of any articles/ classified in the MOI website or such Third Part Websites and any decision is completely at your own risk and MOI disclaims all liability thereto.

7. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that you shall not post articles /classified:

a. that insults or violates the rights of individuals or organizations

b.contains factually inaccurate information, libelous information, or information which damages a business reputation.

c. on products/services is in the name of other people or organizations, in cases when the poster does not possess the necessary rights to do so

d. on products/services protected by copyrights, trademarks or patents which belong to third parties.

e. violates the laws of the country of which you are a resident, or the territory of which you are located in while you use the Services.

f. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

g. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.

h. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

i. that includes personal or identifying information about another person without that person's explicit consent;

j. that impersonates any person or entity, including, but not limited to, an MOI employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

k. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

l. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;

m. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;

n. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) e-mailed to MOI users who have requested not to be contacted about other services, products or commercial interests;

o. that includes links to commercial services or Third Party Websites, except as specifically allowed by MOI;

p. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

q. 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 or any other computer resource;

r. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

s. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

a. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;

b. make any libellous or defamatory comments or postings to or against anyone;

c. collect personal data about other users or entities for commercial or unlawful purposes;

d. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

e. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

f. post the same item or service in multiple classified categories or forums, or in multiple areas;

g. attempt to gain unauthorized access to computer systems owned or controlled by MOI or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

h. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of MOI's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.

i.  use any automated device or software that enables the submission of automatic postings on MOI without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals;
or
Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non- compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you and claim damages from you.

8. MOI does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and MOI expressly disclaims any and all liability in connection with user Content. MOI does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and MOI may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. MOI reserves the right to remove any Content without prior notice. MOI may also terminate a user's access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, MOI reserves the right to decide whether any Content is appropriate and complies with these Terms.

9. MOI grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. A person may be able to see the advertisements without registration. However, full details of the article/ classified can be accessed only after proper registration with MOI by providing email address and mobile number. You acknowledge and agree that MOI may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that MOI has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that MOI reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MOI shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that MOI, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if MOI believes that you have violated these Terms. Further, you agree that MOI shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.

10. MOI is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.If you are an owner or agent of intellectual property right holder and believe that any Content or other content infringes upon your intellectual property right, you may submit a notification to MOI together with a request to MOI to delete the relevant Content in good faith. If proved, liability of MOI will be restricted to removing the content from MOI site.

11. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MOI without restriction. Any assignment or transfer by you shall be null and void.