Terms and Conditions of Use
1. ACCEPTANCE OF TERMS
aaviads provides a collection of online resources, including classified ads, responses, reminders & updates (referred to hereafter as “the Service”) subject to the following terms and conditions (“Terms”). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular aaviads services, you agree to abide by any applicable posted guidelines for all aaviads services, which may change from time to time.Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with aaviads in any way, your only recourse is to immediately discontinue use of aaviads . You are, however, encouraged to inform/complain to our customer care team who will do their best to address your concern(s).
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
We understand that all postings, ads, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that aaviads 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 aaviads site and Content available through the Service may contain links to other websites, which are completely independent of aaviads .aaviads 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 website 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 aaviads 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. – By having your mobile number listed on aaviads .in, you agree to receive SMS from users who may wish to contact you through the site.You acknowledge that aaviads does not always pre-screen or approve Content (unless specified), but that aaviads 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.
4. RIGHTS OF THIRD PARTIES
The aaviads website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on aaviads , as well as any consequences that arise from doing so.
aaviads is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
aaviads is not liable for any infringement of intellectual property rights 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 of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to aaviads together with a request to aaviads to delete the relevant Content in good faith in the claims of infringement form available here.
6. PRIVACY AND INFORMATION DISCLOSURE
a) that violates any law or regulation;
b) that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant aaviads all of the license rights granted herein;
c) that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
d) that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
e) 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;
f) 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.
g) that threatens the unity, integrity, defense, 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 offense or is insulting any other nation;
h) that includes personal or identifying information about another person without that person's explicit consent;that impersonates any person or entity, including, but not limited to, an aaviads employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
i) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
j) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
k) that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
l) that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to aaviads users who have requested not to be contacted about other services, products or commercial interests;
m) that includes links to commercial services or Third Party Websites, except as specifically allowed by aaviads;
n) 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;
o) 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
p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Aaviads communicates with you as a registered member through the email id and/or mobile number that is specified in your account. We shall use this email address and/or mobile number to send you following types of communications:
a) E-mails/SMS related to your account,
b) Introduction of new services on aaviads and/or features in your account,
c) Newsletters that you are subscribed to,
d) Updates about changes in our policies.
Please note that these communications may contain commercial messages of advertisers; however, aaviads does not provide your personal information including email and mobile number to any of the advertisers. You may opt out of the newsletters or promotional announcements anytime at your wish.
9. OPT-OUT OF COMMUNICATION
You have an option to opt-out by:a) Deleting your posts and/or other information b) Deactivating your account c) Unsubscribe from receiving marketing communications
10. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to aaviads email addresses or through aaviads computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time aaviads may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the aaviads e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of aaviads computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
11.LIMITATIONS ON SERVICE
You acknowledge that aaviads may establish limits concerning use of the Service, including 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. You agree that aaviads has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that aaviads reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that aaviads shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12.ACCESS TO THE SERVICE
Aaviads grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Aaviads or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by Aaviads , your use will be considered to be in violation of these Terms, unless Aaviads expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray Aaviads , its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from aaviads .
13. TERMINATION OF SERVICE
You agree that aaviads, 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 aaviads believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that aaviads 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. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
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 site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of aaviads. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of aaviads, 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..Although aaviads 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 aaviads 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. Furthermore, by posting Content to any public area of the Service, you automatically grant aaviads all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL AAVIADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AAVIADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE AAVIADS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AAVIADS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY AAVIADS. AAVIADS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to indemnify and hold aaviads, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another
17. GENERAL INFORMATION
The Terms constitute the entire agreement between you and aaviads and govern your use of the Service, superceding any prior agreements between you and aaviads . The Terms and the relationship between you and aaviads shall be governed by the Indian laws without regard to its conflict of law provisions. You and aaviads agree to submit to the personal and exclusive jurisdiction of the courts located within India. The failure of aaviads to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
PLEASE REPORT ANY VIOLATIONS OF THE TERMS, BY FLAGGING THE POSTING(S) FOR REVIEW, OR BY EMAILING TO COMPLAIN [AT] AAVIADS.IN 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.YOU UNDERSTAND AND AGREE THAT, BECAUSE DAMAGES ARE OFTEN DIFFICULT TO QUANTIFY, IF IT BECOMES NECESSARY FOR AAVIADS TO PURSUE LEGAL ACTION TO ENFORCE THESE TERMS, YOU WILL BE LIABLE TO PAY AAVIADS THE FOLLOWING AMOUNTS AS LIQUIDATED DAMAGES, WHICH YOU ACCEPT AS REASONABLE ESTIMATES OF AAVIADS DAMAGES FOR THE SPECIFIED BREACHES OF THESE TERMS:
A. IF YOU POST A MESSAGE THAT
(1) IMPERSONATES ANY PERSON OR ENTITY;
(2) FALSELY STATES OR OTHERWISE MISREPRESENTS YOUR AFFILIATION WITH A PERSON OR ENTITY; OR
(3) THAT INCLUDES PERSONAL OR IDENTIFYING INFORMATION ABOUT ANOTHER PERSON WITHOUT THAT PERSON’S EXPLICIT CONSENT,
YOU AGREE TO PAY AAVIADS 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 AAVIADS 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 AAVIADS FIVE THOUSAND RUPEES (RS 5,000) FOR EACH MESSAGE POSTED IN EXCESS OF SUCH LIMITS OR FOR EACH DAY ON WHICH YOU ACCESS AAVIADS IN EXCESS OF SUCH LIMITS, WHICHEVER IS HIGHER.
C. IF YOU SEND UNSOLICITED EMAIL ADVERTISEMENTS TO AAVIADS EMAIL ADDRESSES OR THROUGH AAVIADS COMPUTER SYSTEMS, YOU AGREE TO PAY AAVIADS 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 AAVIADS EXPRESS WRITTEN PERMISSION, YOU AGREE TO PAY AAVIADS ONE LAKH FIFTY THOUSAND RUPEES (RS 1,50,000) FOR EACH DAY ON WHICH YOU ENGAGE IN SUCH CONDUCT.