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1.
ACKNOWLEDGMENT & ACCEPTANCE
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By enrolling and/or using the sms2india.co.in service ("Service"),
you agree that you have read and understood this Agreement ("Agreement") and
that your membership in the Service shall conform to its terms and
conditions.
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The Service is operated by sms2india.co.in and
therefore this Agreement is between you and sms2india.co.in.
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Service members enroll to receive advertisements on
their mobile phones and earn money per advertisement received. Members of
sms2india.co.in are to be paid a stipulated commission for every advertisement the
member receives ("Commission Earnings, for every advertisement received by a
member whom they refer and also for every advertisement received by a member
referred by their referrals.)
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There is no charge or payment to be made by you for
entering into the Service.
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We are under no obligation to provide you with any
particular number of advertisements or any particular amount of money in
Direct Earnings or Commission Earnings.
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Sms2india.co.in is a unique place where users can take advantage of a private online hard disk dedicated to storing, publishing, and sharing, material and Personal content for mobile devices -- including pictures, ringtones, wallpapers, logos, as well as the most appropriate software for each users' mobile phones.
2.
SERVICE DESCRIPTION
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You need an sms2india.co.in Account to use our service. sms2india.co.in asks for some
personal information when you create an sms2india.co.in Account, including your email
address and a password, which is used to protect your account from
unauthorized access. An sms2india.co.in Account allows you to access many of our
services that require registration.
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As an sms2india.co.in member, you will create a profile that
includes personal information, such as your mobile phone number, gender,
age, occupation and interests, plus other content.
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When you invite new members into your network or send
messages through sms2india.co.in, we collect and maintain information associated with
those messages, including email addresses and content.
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When you send and receive SMS messages to or from the
sms2india.co.in website, we collect and maintain information associated with those
messages, such as the phone number, the wireless carrier associated with the
phone number, the content of the message, and the date and time of the
transaction.
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SMS2INDIA.CO.IN DOES NOT sell content, but rather provides a service to transfer the personal content supplied by the Users from the web to mobile devices or other computer devices. SMS2INDIA.CO.IN does not operate any control over the files uploaded by the Users, and therefore cannot be held responsible for the type of content which can be found on its platform.
3.
INFORMATION SHARING
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We offer you participation in an advertising sponsored
service based on permitted marketing. After successful registration, you may
receive advertisements, promotions or similar messages on your mobile phone.
Messages will be sent in accordance with your specified profile to ensure a
fit with your personal interests. You can invite your friends and family to
join the network and they can avail the same service. For every
advertisement you receive you get a direct payment. For every advertisement
your referrals and your referrals' referrals receive you get paid a
commission. You will receive commissions for your direct and indirect
referrals; two (2) referring levels deep.
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We will share with third parties certain pieces of
aggregated, non-personal information, (Aggregate non-personal information"
is information that is recorded about users and collected into groups so
that it no longer reflects or references an individually identifiable
user.). Such information does not identify you individually.
4.
OUR SERVICE PRIVACY POLICY
5.
TERMS OF PARTICIPATION
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You must be at least 18 years old to be a member.
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You have to be able to understand English.
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You must agree to comply with all local, state,
province, country or regional laws that may be applicable to your use of the
Internet and your membership with sms2india.co.in.
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You MUST provide correct/true
information about your profile. sms2india.co.in has the right to verify the information
you provide. If this information changes you must immediately update your
profile by logging in to sms2india.co.in.
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You MUST read the advertisements sent to you.
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You are not allowed to use proxy servers.
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The use of any automatic tool to fill in forms, such
as RoboForm, is forbidden.
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ONE member - ONE account - ONE Cellphone: More than
one person cannot use the same cellphone for receiving advertisements. One
member cannot have more than one cellphone registered on sms2india.co.in. One member
cannot have more than one account on sms2india.co.in. Service membership and its right
to use is limited to one individual per Service account and one email
address per Member.
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You agree not to abuse Service privileges by conduct
which is detrimental to the interests of Sms2india.co.in, including,
without limitation, attempting to earn money in a manner inconsistent with
the rules of the Service, having multiple accounts, attempting to earn money
from sms2india.co.in through other than legitimate channels etc.
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By filling out the registration form you are applying
to receive a service and you are agreeing to receive advertisements on your
mobile phone. No employee-employer relationship is created by your use of
the sms2india.co.in web site and its services. sms2india.co.in is under no obligation to offer its
services to you.
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You understand and agree that there is no guarantee
that you will receive specified 10 ads from sms2india.co.in in a day. This is due to the
fact that the actual delivery depends on your mobile service provider. If
there is a delay from the service provider, you might receive more than the
maximum number of ads.
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The categorization of ad interests is subject to
change and it is at the sole discretion of sms2india.co.in. The relevance of an
advertisement to an ad interest category is at the sole discretion of the
advertisers. sms2india.co.in is not responsible or liable for any misrepresentation on
the part of the advertisers nor is it liable for illegal, fraudulent or
obscene advertisements. However, sms2india.co.in will take utmost care and work
diligently to ensure that the advertisements are relevant, timely and legal.
6.
MEMBER ACCOUNTS
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sms2india.co.in may refuse to accept your application for
membership for any reason.
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You will receive a user name and password upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of your user name and password, and you are
fully responsible for all activities that occur under your password or
account. You agree to immediately notify us of any unauthorized use of your
password or account or any other breach of security. Sms2india.co.in cannot
and will not be liable for any loss or damage arising from your failure to
comply with this section.
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You can have only one member as a sponsor (referrer)
when registering at sms2india.co.in. This sponsor will be determined by sms2india.co.in based on
whose invite id you entered during the registration process at the
sms2india.co.in website.
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The number of your direct referrals is not limited.
You may refer as many people as you can to join sms2india.co.in.
7.
MEMBERS CONDUCT
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You agree to only use the Service in a manner that is
consistent with the Terms and in such a way as to ensure compliance with all
applicable laws and regulations.
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You shall ensure that your personal profile is
up-to-date and accurate. You agree to promptly notify us of any change in
your address (mail or email) or personal profile by updating your personal
information at the Service Web site.
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You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
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The User has the sole responsibility for any content uploaded, published, or in any other way transmitted or distributed through the Service. Sms2india.co.in does not control the content posted or uploaded to its servers by the Users and, as such, does not guarantee the integrity, the correctness, or quality of such content. Under no circumstances will Sms2india.co.in be liable in any way for any content made available through the Service.
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The User agrees not to use the Service to:
a) Upload, publish, or make available in any other way Content that is unlawful or prohibited;
b) Harm people under the age of 18 in any way;
c) Upload, publish, or make available in any other way Content that the User does not have the right to distribute;
d) Upload, publish, or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights;
e) Disturb or interfere with the Service, the servers or the networks connected to the Service;
f) Violate any Local or International Law or applicable regulations;
g) Collect and store other Users' personal data without their explicit permission;
h) Upload, publish, or make available in any other way pornographic material, which is strictly prohibited in all areas of Sms2india.co.in.
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Sms2india.co.in does not filter Content in advance. Nonetheless, Sms2india.co.in and other entities designated by Sms2india.co.in reserve the sole right –without assuming any obligation- to refuse or remove any Content accessible through the Service. The User is the sole responsible for the material posted in any area of Sms2india.co.in. The publication and posting of the following types of Content is strictly prohibited:
• Material not suitable for people under the age of 18 (except in the expressly designated “Adult areas");
• Content which infringes Any Local or International Copyright law, in particular Pirate Software (WAREZ, CRACK), musical files, Software and games, images and text covered by Copyright laws;
• Content which can offend or harm other people, including expression of hatred, racism, or the discrimination against groups of people, or threatening or insulting;
• Content promoting or providing information for the promotion of illegal activities, or potentially harmful to 3rd parties;
• Paid advertising or sponsorship;
• Content or activities infringing any Local or International Laws.
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The User agrees that all Content he/she publishes to the Public areas of Sms2india.co.in are provided for a free, perpetual, irrevocable, non-exclusive, and freely sub-licensable license to use, reproduce, modify, adapt, publish, translate, to create derived works, distribute, and visualize (partially or wholly) in the whole World and/or to incorporate this Content in any form, media or technology currently known or to be developed in the future .
8.
PAYMENTS
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You will receive commissions for your direct and
indirect referrals; two (2) referring levels deep. Current commission rates
are always posted on the sms2india.co.in website. Those are the rates that you will
receive. If sms2india.co.in for any reason changes payout rates those will be posted on
the site and all current members will be informed through email. If sms2india.co.in for
any reason changes the depth of referrals pertinent to commissions it will
be posted on the site and all current members will be informed through email.
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You will receive bonus on adding new users. The amount for adding each user and bonus rates
are always posted on the sms2india.co.in website. The rates may change from time to time and users has to check these rates from time to time and sms2india.co.in is not responsible for infoming about these changes through email, sms or any other mode of communication.
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Payment will be made only when you earn the minimum
limit of Rs.400. This limit is at the sole discretion of sms2india.co.in. Whenever it is
changed, the information will be provided in the "Payment" screen.
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Current payout options are always posted on the sms2india.co.in
website. One options are currently available to receive payments:
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Cheque: After requesting payment, accounts are
thoroughly checked. After the request is accepted, a cheque will be issued
and couriered within 7 working days. The cheque will be made out to the name
provided in the field. The cheque would be couriered to the address provided
in the Payment Address fields. sms2india.co.in will not be responsible for the receipt
or for the actual payment hereof. The charges incurred by sms2india.co.in in processing
the cheque and in delivery will be deducted from the actual payout amount.
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sms2india.co.in is not responsible for your taxes. You are solely responsible for
the payment of taxes on monies received from sms2india.co.in.
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We reserve the right to send you messages from time to time for which the
payout structure will not be applied and no payment would be made. Such
messages may include Service system updates; flash bulletins; order
confirmations; administrative announcements; special requests and so on. Such
messages may be sent via SMS, email or regular mail.
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We reserve the right to limit the opportunities to earn money through
sms2india.co.in available to you while you remain inactive.
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We are under no obligation to provide you with any particular number of
advertisements or any particular amount of money in Direct Earnings or
Commission Earnings.
9. TERMINATION OF MEMBERSHIP
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sms2india.co.in may terminate your membership at any time immediately with or
without cause. Your right to use your membership immediately ceases upon
termination. sms2india.co.in may terminate this agreement and your membership with or
without prior notice. Termination of an account may lead to full or partial
loss of the payouts accumulated prior to termination. On account
termination, your earnings will be paid out only if the minimum limit of
Rs.400 has been earned. If the "current earnings" is less than this limit at
the point of account termination, you will not be entitled to this amount.
Termination of an account is irreversible.
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You may cancel your membership at any time by logging into your account
and choosing to cancel your membership. Your participation will be cancelled
and your earnings will be paid out only if the minimum limit of Rs.400 has
been earned. If the "current earnings" is less than this limit at the point
of account cancellation, you will not be entitled to this amount. If you
decide to cancel your account and later wish to re-enroll, you will be
assigned a new account number. Any previous earnings made by yourself or
through your referrals, that went unclaimed when you cancelled your account
will not be credited to your new account should you re-enroll at sms2india.co.in.
Cancellation of an account is irreversible.
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On cancellation or termination of your account, your profile will be
removed from the site and deleted from sms2india.co.in servers. Because of the way we
maintain this service such deletion may not be immediate, and residual
copies of your profile information may remain on backup media.
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You understand that, on account termination or account cancellation, you
may still receive messages (which may have been scheduled prior to
termination/cancellation) after termination or cancellation. We shall use
reasonable endeavors to stop such messages as soon as possible. You will not
be entitled to Direct Earnings and Commission Earnings on such messages.
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You shall comply with all laws, rules, and regulations that are
applicable to you. You acknowledge that you may only participate in the
Service if and to the extent that such participation is permitted by such
laws, rules, and regulations. We may refuse to enrol you, or to restrict,
modify, or terminate your participation in the Service, without liability to
you or any other party, if you violate any law, rule, or regulation, or if
your participation in the Service could violate any law, rule, or
regulation.
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We reserve the right to terminate or disable, at our sole discretion,
any Service membership if we reasonably believe such Member has violated or
acted inconsistently with the rules of the Service or this Agreement. You
understand and agree that disabling membership will result in your inability
to redeem and/or earn Points. You understand and agree that termination of
membership will result in the cancellation of all of your Points.
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sms2india.co.in shall be the sole determiner in cases of suspected abuse, fraud, or
violation of its rules and any decision it makes relating to termination of
membership shall be final and binding. Should you object to any of the terms
and conditions of this Agreement, or any subsequent modifications thereto,
or become dissatisfied with the Service, your only recourse is to
immediately discontinue participation in the Service and properly terminate
your membership.
10. DISCLAIMER OF WARRANTIES
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You expressly understand and agree that:
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Your use of the service is at your sole risk. The service is provided on
an "as is" and "as available" basis. sms2india.co.in and its subsidiaries, affiliates,
officers, employees, agents, partners and licensors expressly disclaim all
warranties of any kind, whether express or implied, including, but not
limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
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sms2india.co.in and its subsidiaries, affiliates, officers, employees, agents,
partners and licensors make no warranty that (i) the service will meet your
requirements; (ii) the service will be uninterrupted, timely, secure or
error-free; (iii) the results that may be obtained from the use of the
service will be accurate or reliable; (iv) the quality of any products,
services, information or other material purchased or obtained by you through
the service or through the Service advertisers or partners will meet your
expectations; and (v) any errors in the software will be corrected.
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Any material downloaded or otherwise obtained through the use of the
service is accessed at your own discretion and risk, and you will be solely
responsible for any damage to your computer system or loss of data that
results from the download of any such material.
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No advice or information, whether oral or written, obtained by you from
sms2india.co.in or through or from the service shall create any warranty not expressly
stated in the terms of use.
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A small percentage of users may experience epileptic seizures when
exposed to certain light patterns or backgrounds on a computer screen or
while using the service. Certain conditions may induce previously undetected
epileptic symptoms even in users who have no history of prior seizures or
epilepsy. If you, or anyone in your family, have an epileptic condition,
consult your physician prior to using the service. Immediately discontinue
use of the service and consult your physician if you experience any of the
following symptoms while using the service: dizziness, altered vision, eye
or muscle twitches, loss of awareness, disorientation, any involuntary
movement, or convulsions.
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The User declares expressly that:
a) The utilization of the Service is at his\her sole discretion. The Service is provided “AS iS" and “AS AVAILABLE". Therefore Sms2india.co.in cannot be held responsible in relation to the fruition and availability of the Service. Sms2india.co.in expressly disclaims all warranties of any kind.
b) Sms2india.co.in does not warrant that: (i) the service will satisfy the User's needs, (ii) the Service will be provided without interruptions, or without errors, (iii) the quality of services purchased through the Service will satisfy the User's expectations
c)Any file downloaded or obtained through the Service is obtained at the sole discretion of the User, and the User is the sole responsible for any harm produced, directly or indirectly, by the content on the Computer or the mobile phone.
d) No advise, suggestion, help, written or verbally, provided by Sms2india.co.in to the user, shall imply any warranty from Sms2india.co.in.
11. LIMITATION OF LIABILITY
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Sms2india.co.in shall not be liable for any special
indirect, punitive, incidental, special, or consequential damages relating
to the participation or inability to participate in the Service.
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Sms2india.co.in is not responsible for damages or
losses that result from participating or inability to participate in the
Service, or reliance on or use of information, services, or merchandise
provided on or through the Service.
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You acknowledge and agree that Sms2india.co.in neither
endorses the contents of advertisements or third parties' web sites, nor
assumes responsibility or liability for the accuracy of material contained
therein, or any infringement of third party intellectual property rights
arising there from, or any fraud or other crime facilitated thereby.
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To the maximum extent allowed by applicable law, neither sms2india.co.in nor any of
its parents, members, subsidiaries, service providers, licensors, officers,
directors or employees shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of or relating to this
agreement, resulting from the use or the inability to use the service or for
the cost of procurement of substitute goods and services or resulting from
any goods or services purchased or obtained or messages received or
transactions entered into through the service or resulting from unauthorized
access to or alteration of user's transmissions or data, including but not
limited to, damages for loss of profits, use, data or other intangible, even
if such party has been advised of the possibility of such damages. Without
limiting the foregoing, everything on the site is provided to you "as is"
without warranty of any kind, either expressed or implied including, but not
limited to, the implied warranties of services, merchantability, fitness for
a particular purpose, or non-infringement. sms2india.co.in disclaims all liability,
regardless of the form of action, for the act of other members, or users
including unauthorized users, or hackers of the service.
12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND
PARTNERS
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Your correspondence with or participation in promotions of Service
advertisers and partners, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and the advertiser or
partner. We assume no liability, obligation, or responsibility for any part
of any such correspondence or promotion, including without limitation
withdrawal or modification of any offer or promotion.
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You understand that, in some cases, there may be a delay in the
crediting of Points for promotions of advertisers or partners due to
advertiser's or partner's failure to provide necessary information to us for
the crediting of such Points. We will not be responsible or liable for the
delay or failure to credit Points in such event.
13. NON-TRANSFERABILITY
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You are not allowed to share your account with any other individual. Nor
are you allowed to transfer accounts to someone else.
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Your membership will terminate immediately in the event of your death.
Service accounts are not transferable upon death or otherwise by operation
of law.
14. PROPRIETARY RIGHTS TO CONTENT
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You acknowledge that Service content (including but not limited to text,
sound, photographs, graphics, or other material contained in any Service
communication, advertisements, or messages, whether by sms2india.co.in or sms2india.co.in's
advertisers or partners), Service and software are protected by copyrights,
trademarks, service marks, patents, and/or other proprietary rights and
laws. Member is only permitted to use content, Service, or software as
expressly authorized by sms2india.co.in, its advertisers and partners, as the case may
be.
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Except as expressly authorized by sms2india.co.in or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
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Sms2india.co.in respects intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send an e-mail to support@sms2india.co.in with the following:
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1. an electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
2. identification of the copyrighted work claimed to have been infringed
3. identification of where the material that you claim is infringing is located on the site
4. your address, telephone number, and if available, an electronic mail address at which the you may be contacted
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Upon receipt of a notification containing the information as outlined in steps 1 through 6 above, we will remove the material or disable access to it within 10 business days.
15. MODIFICATIONS
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sms2india.co.in reserves the right to change this Terms and Conditions document.
Current members will be informed by email, however it is also your
responsibility to check this document periodically for any changes or
modifications and you must not rely on e-mails as a sole source of
information regarding this agreement or your membership. Your continued use
of sms2india.co.in constitutes an affirmative acknowledgement by you of the Terms and
Conditions and any subsequent modifications made to it and your agreement to
abide and be bound by the Terms and Conditions document in its modified
form.
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We reserve the right to modify or discontinue the Service with or
without notice to you. We shall not be liable to you or any third party
should we exercise our right to modify or discontinue the Service.
16. NOTICES
17. INDEMNIFICATION
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You agree to indemnify and hold us, our affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim,
demand, expense, or damage, (including reasonable legal fees) made by any
third party due to or arising out of your use of the Service, your
connection to the Service, your violation of the Terms, content you submit,
post to or transmit through the Service or your violation of any rights of
another.
18. SITE CONTENT
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Sms2india.co.in contains links to 3rd party websites. Sms2india.co.in is not responsible for any contents of those sites.
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Contents in the 'mobile stuff' section are contributed by Sms2india.co.in members and are free for personal use only. Commercial use of the contents in the gallery is strictly prohibited prior to written consent from Sms2india.co.in.
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While Sms2india.co.in strives to maintain the accuracy of any information provided, we cannot guarantee the accuracy of the information presented.
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All comments are property of their posters. Sms2india.co.in is not responsible for any damage caused by any of the posters.
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19. APPLICABLE LAW AND FORUM
20. MISCELLANEOUS
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This agreement takes precedence over any Do-Not-Call list you might
enroll yourself in. If you want sms2india.co.in to stop sending advertisements to you,
you must select the opt-out option provided in the site or cancel your sms2india.co.in
membership account. Enrolling yourself in any do-not-call list of any
institution or company has no impact or influence whatsoever on the
advertisements you receive from sms2india.co.in.
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TERMS AND CONDITIONS and the relationship between you and sms2india.co.in shall be
governed by the laws of the State of Maharashtra without regard to its
conflict of law provisions. You and sms2india.co.in agree to submit to the personal and
exclusive jurisdiction of the courts located within Mumbai, Maharashtra.
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This Agreement constitutes a complete and exclusive understanding
between us and you relating to the subject matter hereof and supersedes all
prior or contemporaneous understandings, agreements, communications, and/or
advertising with respect to such subject matter provided that nothing in
this Agreement seeks to limit or exclude any right either party may have in
respect of fraudulent misrepresentation
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Our failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing.
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If any part of these Terms is unenforceable (including any provision by
which sms2india.co.in excludes its liability to the Member), the enforceability of any
other part of these Terms will not be affected.
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