Namanas Terms of Service
Welcome to Namanas!
1. Your relationship with Namanas
1.1 Your use of Namanas software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Namanas under a separate written agreement) is subject to the terms of a legal agreement between you and Namanas. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Namanas, your agreement with Namanas will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with Namanas will also include the terms of any Legal Notices and any posted guidelines applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Namanas in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (18 years of age) to form a binding contract with Namanas, or (b) you are a person barred from receiving the Services under the laws of the INDIA or other countries including the country in which you are resident or from which you use the Services.
2.3 Namanas has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.
3. Changes to the Terms
3.1 Namanas may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Namanas will make a new copy of the Universal Terms available at http://www.namanas.com/classifieds/TermsOfService.html and any new Additional Terms will be made available to you from within, or through, the affected Services.
3.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Namanas will treat your use as acceptance of the updated Universal Terms or Additional Terms.
4.1 You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Services.
4.2 You understand that Namanas does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Namanas site and Content available through the Service may contain links to other websites, which are completely independent of Namanas.
4.3 Namanas makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk. You agree that you 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 Namanas be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
4.4 You acknowledge that Namanas does not pre-screen or approve Content, but that Namanas shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
5. Third party content, sites, and services
5.1 The Namanas site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Namanas, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
5.2 Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
5.3 You agree that Namanas shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Namanas is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Namanas, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
6. Privacy and your personal information
6.2 You agree to the use of your data in accordance with Namanas privacy policies.
7.1 You will post in the appropriate category or area and will not do any of the following bad things:
(A) that violates any law;
(B) that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Namanas all of the license rights granted herein;
(C) that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
(D) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(E) that impersonates any person or entity, including, but not limited to, an Namanas employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(F) that includes personal or identifying information about another person without that person's explicit consent;
(G) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
(H) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
(I) that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Namanas sites which are not designated for such purposes; or (ii) emailed to Namanas users who have requested not to be contacted about other services, products or commercial interests;
(J) that includes links to commercial services or web sites, except as specifically allowed by Namanas;
(K) 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 local law;
(L) 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;
(M) 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
(N) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
7.2 Additionally, you agree not to:
(A) contact anyone who has asked not to be contacted;
(B) "stalk" or otherwise harass anyone;
(C) collect personal data about other users for commercial or unlawful purposes;
(D) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made 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 non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(F) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
(G) attempt to gain unauthorized access to Namanas computer systems 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 Namanas website.
8. No spam policy
8.1 You understand and agree that sending unsolicited email advertisements to Namanas email addresses or through Namanas computer systems is expressly prohibited by these Terms. Any unauthorized use of Namanas computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. Limitation and termination of service
9.1 You acknowledge that Namanas may establish limits concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
9.2 You agree that Namanas has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
9.3 You acknowledge that Namanas reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Namanas shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9.4 You agree that Namanas, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email 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, including, without limitation, if Namanas believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Namanas shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
10. Proprietary rights
10.1 The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work is prohibited. Copying or reproducing the website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
10.2 Although Namanas does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Namanas an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. We need these rights in order to host and display your content.
11. DISCLAIMER OF WARRANTIES
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
11.2 ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11.3 ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NAMANAS SITE AND THE SERVICE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11.4 ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NAMANAS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NAMANAS SITE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11.5 ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NAMANAS SITE OR THE SERVICE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
11.6 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
12. LIMITATIONS OF LIABILITY
12.1 UNDER NO CIRCUMSTANCES SHALL NAMANAS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NAMANAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NAMANAS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NAMANAS SITE OR THE SERVICE, FROM INABILITY TO USE THE NAMANAS SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NAMANAS SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NAMANAS SITE OR THE SERVICE OR ANY LINKS ON THE NAMANAS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NAMANAS SITE OR THE SERVICE OR ANY LINKS ON THE NAMANAS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12.2 IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
13. General Information
13.1 These Terms and the other policies posted on Namanas constitute the complete and exclusive understanding and agreement between you and Namanas and govern your use of the Service superceding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
13.2 The Terms, and your relationship with Namanas under the Terms, shall be governed by the laws of the State of Andhra Pradesh, INDIA without regard to its conflict of laws provisions. You and Namanas agree to submit to the exclusive jurisdiction of the courts located within the city of Kakinada, Andhra Pradesh, INDIA to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Namanas shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
13.3 You agree that if Namanas does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Namanas has the benefit of under any applicable law), this will not be taken to be a formal waiver of Namanas rights and that those rights or remedies will still be available to Namanas.
13.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.5 You and Namanas agree that any cause of action arising out of or related to the Namanas website must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
14. Violation of terms and liquidated damages
14.1 Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to firstname.lastname@example.org
14.2 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
14.3 You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Namanas to pursue legal action to enforce these Terms, you will be liable to pay Namanas the following amounts as liquidated damages, which you accept as reasonable estimates of Namanas damages for the specified breaches of these Terms:
(A) If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Namanas fifty thousand rupees (Rs 50,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
(B) If Namanas establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Namanas five thousand rupees (Rs 5,000) for each message posted in excess of such limits or for each day on which you access Namanas in excess of such limits, whichever is higher.
(C) If you send unsolicited email advertisements to Namanas email addresses or through Namanas computer systems, you agree to pay Namanas one thousand two hundred rupees (Rs 1200) for each such email.
(E) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Namanas express written permission, you agree to pay Namanas one lakh fifty thousand rupees (Rs 1,50,000) for each day on which you engage in such conduct.
14.4 Otherwise, you agree to pay Namanas actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Namanas retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.