Gyanee Professional Network Terms and Conditions
Last Revised: June 10, 2007.
Welcome to Gyanee Professional Network. Before you register your Gyanee account, you must read and agree to the following
terms and conditions and policies, including any future amendments
(collectively, the �Agreement�).
This Terms of Use Agreement (collectively �Agreement�) sets
forth the standards of use of the Gyanee Professional Network Online Service
operated by SWStrategies LLC (collectively, us, we or the �Company�) for
Registered Members. By using the gyanee.com website you (collectively the
�Member�) agree to these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately cease all usage of this
website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted
at gyanee.com website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be
amended.
1.
Description of Service
The Company is providing Member
with a service to post member profile, upload sharable content, and search,
query and otherwise collaborate with other members. Member must provide (1) all
equipment necessary for their own Internet connection, including computer and
modem and (2) provide for Member�s access to the Internet, and (3) pay any fees
relate with such connection.
2.
Disclaimer of Warranties.
The site is provided by the
Company on an �as is� and on an �as available� basis. To the fullest extent
permitted by applicable law, the Company makes no representations or warranties
of any kind, express or implied, regarding the use or the results of this web
site in terms of its correctness, accuracy, reliability, or otherwise. The
Company shall have no liability for any interruptions in the use of this
Website. The Company disclaims all warranties with regard to the information
provided, including the implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced exclusion is
inapplicable.
3.
Limitation of Liability
THE COMPANY SHALL NOT
be liable for any damages whatsoever, and
in particular THE COMPANY shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this web site or the
information contained in it, whether such damages arise in contract, negligence,
tort, under statute, in equity, at law, or otherwise, even if THE COMPANY has
been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW
FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and hold the Company, its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys� fees and costs, made by any
third party due to or arising out of Member�s use of the Service, the violation
of this Agreement, or infringement by Member, or other user of the Service using
Member�s computer, of any intellectual property or any other right of any person
or entity.
5.
Members Account
All Members of the Service shall receive a password and an
account. Members agree to (1) provide accurate, current and complete
information about themselves as may be prompted by any registration form on the
Site (collectively �Registration Information�); (2) maintain the security of
their password and identification; (3) maintain and promptly update the
Registration Information, and any other information they provide to the Company,
to keep it accurate, current and complete.
Members are entirely responsible for any and all activities
which occur under their account whether authorized or not authorized. Member
agrees to notify the Company of any unauthorized use of Member�s account or any
other breach of security known or should be known to the Member. Member�s right
to use the Service is personal to the Member. Member agrees not to resell or
make any commercial use of the Service without the express written consent of
the Company.
6.
User Content
Members are solely responsible for the tools, source code,
documents, tutorials, guides, images and other binary or text content that they
upload, publish or display (hereinafter, "post") on or through the Service or
the Site, or transmit to or share with other users (collectively the "User
Content"). Members may not post, transmit, or share User Content on the Site or
Service that they did not create or that they do not have permission to post.
Member understands and agrees that the Company may, but is not obligated to,
review the Site and may delete or remove (without notice) any Site Content or
User Content in its sole discretion, for any reason or no reason, including
without limitation User Content that in the sole judgment of the Company
violates this Agreement or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of users or others. Members are
solely responsible at their sole cost and expense for creating backup copies and
replacing any User Content they post or store on the Site or provide to the
Company.
When members post User Content to the Site, they authorize and direct us to make
such copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, Member automatically grants, represents and warrants that the Member
have the right to grant, to the Company a license to copy the content for
archival purpose. Members may remove their User Content from the Site at any
time. If Members choose to remove their User Content, the license granted above
will automatically expire, however Member acknowledges that the Company may
retain archived copies of the User Content.
7.
Modifications and Interruption to Service
The Company reserves the right to modify or discontinue the
Service with or without notice to the Member. The Company shall not be liable to
Member or any third party should the Company exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that the Company does
not guarantee continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely affected by
numerous factors or circumstances outside of our control.
8.
Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online merchants and other third
parties. You acknowledge that we are not responsible for the availability of,
or the content located on or through, any third-party site. You should contact
the site administrator or webmaster for those third-party sites if you have any
concerns regarding such links or the content located on such sites. Your use of
those third-party sites is subject to the terms of use and privacy policies of
each site, and we are not responsible therein. We encourage all Members to
review said privacy policies of third-parties� sites.
9.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly available sources.
While the Company makes every effort to ensure that the information on this
website is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
The Company makes no warranties or representations
whatsoever with regard to any product provided or offered by any Vendor, and you
acknowledge that any reliance on representations and warranties provided by any
Vendor shall be at your own risk.
10.
Termination
The Company may terminate a membership, delete Member�s
profile and any content or information that the Member have posted on the Site
or Service and/or prohibit the Member from using or accessing the Site or the
Service for any reason, or no reason, at any time in its sole discretion, with
or without notice, including without limitation.
11.
Governing Jurisdiction of the Courts of Texas
Our website is operated and provided in the State of
Texas. As such, we are subject to the laws of the State of Texas, and such laws
will govern this Terms of Use, without giving effect to any choice of law
rules. We make no representation that our website or other services are
appropriate, legal or available for use in other locations. Accordingly, if you
choose to access our site you agree to do so subject to the internal laws of the
State of Texas.
12.
Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws. Member may not use the Service
in any way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees not to
transmit any material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable local,
state, national, or international law or regulation.
13.
Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and arrangements
thereof is �2007 gyanee.com, with all rights reserved, or is the property of the
Company and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of the Company is strictly
prohibited. Members agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our web pages or the
content contained therein without prior written permission of an authorized
officer of the Company.
Gyanee and Gyanee.com are proprietary marks of the Company
and may not be used in connection with any product or service that is not
provided by the Company, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits the Company.
All other trademarks displayed on the Company�s website are
the trademarks of their respective owners, and constitute neither an endorsement
nor a recommendation of those Vendors. In addition, such use of trademarks or
links to the web sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any affiliation with the Company.
14.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act,
as enacted through the Digital Millennium Copyright Act, the Company designates
the following individual as its agent for receipt of notifications of claimed
copyright infringement.
By Mail: Shachindra Agarwal, 497 Forest Ridge Drive,
Coppell, TX 75019
By Email: shachin@swstrategies.com
15.
Submissions
Member acknowledges and agrees that any questions,
comments, suggestions, ideas, feedback or other information about the Site or
the Service ("Submissions"), provided by the Member to the Company are
non-confidential and shall become the sole property of the Company. The Company
shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to the Member.
16.
Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by
the Company, in our sole discretion, to a third party in the event of a merger
or acquisition. This Terms of Use Agreement shall apply in addition to, and
shall not be superseded by, any other written agreement between us in relation
to your participation as a Member. Member agrees that by accepting this Terms
of Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our Privacy
Policy Statement[if applicable]. |