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| Terms
& Conditions
HumSubka.com Terms of Use Agreement
HumSubka.com is a social networking service that allows members to create unique
personal profiles online in order to find and communicate with old and new
friends. The service is operated by HumSubka.com, ("HumSubka.com"). By using
the HumSubka.com Website (the "Website") you agree to be bound by these Terms
of Use (this "Agreement"), whether or not you register as a member ("Member").
If you wish to become a Member, communicate with other Members and make use of
the HumSubka.com services (the "Service"), please read this Agreement and
indicate your acceptance by following the instructions in the Registration
process.
This Agreement sets out the legally binding terms for your use of the Website
and your Membership in the Service. HumSubka.com may modify this Agreement from
time to time and such modification shall be effective upon posting by
HumSubka.com on the Website. You agree to be bound to any changes to this
Agreement when you use the Service after any such modification is posted. This
Agreement includes HumSubka.com's policy for acceptable use and content posted
on the Website, your rights, obligations and restrictions regarding your use of
the Website and the Service and HumSubka.com's Privacy Policy. You may also
receive a copy of this Agreement by emailing us at: info@HumSubka.com, Subject:
Terms of Use Agreement.
Please choose carefully the information you post on HumSubka.com and that you
provide to other Members. Your HumSubka.com profile may not include the
following items: telephone numbers, street addresses, last names, and any
photographs posted by you may not contain nudity, violence, or offensive
subject matter. Information provided by other HumSubka.com Members (for
instance, in their Profile) may contain inaccurate, inappropriate or offensive
material, products or services and HumSubka.com assumes no responsibility or
liability for this material.
HumSubka.com reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including email) by you, or to restrict, suspend,
or terminate your access to all or any part of the Website and/or Services at
any time, for any or no reason, with or without prior notice, and without
liability.
By participating in any offline HumSubka.com event, you agree to release and
hold HumSubka.com harmless from any and all losses, damages, rights, claims,
and actions of any kind including, without limitation, personal injuries,
death, and property damage, either directly or indirectly related to or arising
from your participation in any such offline HumSubka.com event.
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Eligibility. Membership in the Service is void where prohibited. By using the
Website and the Service, you represent and warrant that all registration
information you submit is truthful and accurate and that you agree to maintain
the accuracy of such information. You further represent and warrant that you
are 16 years of age or older and that your use of the HumSubka.com shall not
violate any applicable law or regulation. Your profile may be deleted without
warning, if it is found that you are misrepresenting your age, and you are
younger than 18. Your Membership is solely for your personal use, and you shall
not authorize others to use your account, including your profile or email
address. You are solely responsible for all Content published or displayed
through your account, including any email messages, and for your interactions
with other members.
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Term/Fees. This Agreement shall remain in full force and effect while you use
the Website, the Service, and/or are a Member. You may terminate your
membership at any time, for any reason by following the instructions on the
member Account page. HumSubka.com may terminate your membership for any reason,
effective upon sending notice to you at the email address you provide in your
Membership application or such other email address as you may subsequently
provide to HumSubka.com. If HumSubka.com terminates your Membership in the
Service because you have breached the Agreement, you shall not be entitled to
the refund of any unused portion of subscription fees. Even after membership is
terminated, this Agreement will remain in effect, including sections 4, 5, 7
and 9-14. HumSubka.com's Terms of Use and/or subscription fees that were
provided to you at registration may change from time to time. By using the
Service and by becoming a Member, you acknowledge that HumSubka.com reserves
the right to charge for the Service and has the right to terminate a Member's
Membership should Member breach this Agreement or fail to pay for the Service,
as required by this Agreement.
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Non Commercial Use by Members. The Website is for the personal use of Members
only and may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by the management of
HumSubka.com. Illegal and/or unauthorized use of the Website, including
collecting usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorized framing of
or linking to the Website will be investigated. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from member
profiles without notice and may result in termination of membership privileges.
Appropriate legal action will be taken by HumSubka.com for any illegal or
unauthorized use of the Website.
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Proprietary Rights in Content on HumSubka.com. HumSubka.com owns and retains
all proprietary rights in the Website and the Service. The Website contains
copyrighted material, trademarks, and other proprietary information of
HumSubka.com and its licensors. Except for that information which is in the
public domain or for which you have been given written permission, you may not
copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
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Content Posted on the Site. a. You understand and agree that HumSubka.com may
review and delete any content, messages, HumSubka.com Messenger messages,
photos or profiles (collectively, "Content") that in the sole judgment of
HumSubka.com violate this Agreement or which may be offensive, illegal or
violate the rights, harm, or threaten the safety of any Member. b. You are
solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service or any material or information that you transmit to
other Members. c. By posting Content on any public area of HumSubka.com, you
automatically grant as well as represent and warrant that you have the right to
grant to HumSubka.com, an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and distribute such
information and content to HumSubka.com and that HumSubka.com has the right to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing. d. The
following is a partial list of the kind of Content that is illegal or
prohibited on the Website. HumSubka.com reserves the right to investigate and
take appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such
violators. Prohibited Content includes Content that: i. is patently offensive
and promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual; ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited
mass mailing or "spamming"; iv. promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; v. promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files; vi. contains restricted or password only access pages
or hidden pages or images (those not linked to or from another accessible
page); vii. provides material that exploits people under the age of 18 in a
sexual or violent manner, or solicits personal information from anyone under
18; viii. provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses; ix. solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; or x.
involves commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes. e. You
must use the Service in a manner consistent with any and all applicable laws
and regulations. f. You may not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email addresses. g. You may not
engage in advertising to, or solicitation of, any Member to buy or sell any
products or services through the Service. You may not transmit any chain
letters or junk email to other Members. Although HumSubka.com cannot monitor
the conduct of its Members off the Website, it is also a violation of these
rules to use any information obtained from the Service in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, HumSubka.com reserves the
right to restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which HumSubka.com deems appropriate in its
sole discretion. h. You may not cover or obscure the banner advertisements on
your personal profile page, or any HumSubka page via HTML/CSS or any other
means. i. You may not attempt to impersonate another user or person who is not
a member of HumSubka.com
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Copyright Policy. You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights. It
is the policy of HumSubka.com to terminate membership privileges of any member
who repeatedly infringes copyright upon prompt notification to HumSubka.com by
the copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is
infringing is located on the Website; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. HumSubka.com's Copyright Agent for notice
of claims of copyright infringement can be reached as follows: Copyright Agent,
HumSubka Rohini Sector - 3, Delhi - 85.
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Member Disputes. You are solely responsible for your interactions with other
HumSubka.com Members. HumSubka.com, Inc. reserves the right, but has no
obligation, to monitor disputes between you and other Members.
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Privacy. Use of the Website and/or the Service is also governed by our Privacy
Policy.
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Disclaimers. HumSubka.com is not responsible for any incorrect or inaccurate
Content posted on the Website or in connection with the Service provided,
whether caused by users of the Website, Members or by any of the equipment or
programming associated with or utilized in the Service. HumSubka.com is not
responsible for the conduct, whether online or offline, of any user of the
Website or Member of the Service. HumSubka.com assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any user or Member communication. HumSubka.com is
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical problems
or traffic congestion on the Internet or at any Website or combination thereof,
including any injury or damage to users and/or Members or to any person's
computer related to or resulting from participation or downloading materials in
connection with the Website and/or in connection with the Service. Under no
circumstances shall HumSubka.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the Website or the
Service or from any Content posted on the Website or transmitted to Members, or
any interactions between users of the Website, whether online or offline. The
Website and the Service are provided "AS-IS" and HumSubka.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
HumSubka.com cannot guarantee and does not promise any specific results from
use of the Website and/or the Service.
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Limitation on Liability. IN NO EVENT SHALL HumSubka.COM BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
WEB SITE OR THE SERVICE, EVEN IF HumSubka.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, HumSubka.COM.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY,
BY YOU TO HumSubka.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
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U.S. Export Controls. Software from this Website (the .Software.) is further
subject to United States export controls. No Software may be downloaded from
the Website or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
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Disputes. If there is any dispute about or involving the Website and/or the
Service, by using the Website, you agree that any dispute shall be governed by
the laws of the State of California without regard to conflict of law
provisions and you agree to personal jurisdiction by and venue in the state and
federal courts of the State of New York, City of New York.
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Indemnity. You agree to indemnify and hold HumSubka.com, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Service in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
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Other. This Agreement is accepted upon your use of the Website and is further
affirmed by you becoming a Member of the Service. This Agreement constitutes
the entire agreement between you and HumSubka.com regarding the use of the
Website and/or the Service. The failure of HumSubka.com to exercise or enforce
any right or provision of this Agreement shall not operate as a waiver of such
right or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. Please contact us with any
questions regarding this Agreement. HumSubka.com is a trademark of HumSubka
Media Group I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
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