Terms of use

     Last updated: Dec 16, 2021

    Your use of our services is governed by these terms of service. You agree to be bound by these terms on your usage of our 'products', 'services', 'contents' and 'site'. You have to click 'accept button' to use some of the service. You accept the terms of agreement 

 

1.by expressly agreeing to the terms of agreement by clicking accept button showing acceptance to the terms of agreement or

 

2.by 'usage' of our sites, products, contents and services of the Organisation.

This will apply even if you have not read this term of service.

 

 Some of the terms used in 'terms of agreement' defined.

  1. Accept: -means accepting the terms of agreement of the Organisation.
  2. Advertisers: -Subscribers who participate in advertising programme of the Organisation and provide contents for advertising, one or more sites, banners for advertising in the classified ads (paramads.com).
  3. Organisation: -'paramads.com'.
  4. Contents: - All materials displayed on the Site or Services including, but not limited to scripts provided by us, text, graphics, articles, photographs, images, illustrations, links, any advertising or site or blog and other contents made available or submitted by any advertiser, user of site.
  5. Parties: - means organisation, site owner, partners, subsidiaries, branches, authors, employees, advertisers, subscribers, article writers, contributors, agents, other associated parties involved in creating, producing or distributing the service, product etc.
  6. Products: - Products sold by the Organisation.
  7. Services: - Services refers to services provided by the Organisation.
  8. Site: - means ‘paramads.com’ and all the sites which are linked to ‘paramads.com’ which are owned and controlled by the Organisation.
  9. Site owner: -Owner of the Organisation.
  10. Subscribers: -Users of the Organisation’s services, products, contents and sites.
  11. Third party site: - all the sites which are linked to paramads.com and not owned and controlled by the Organisation and includes i) any links displayed in the ads shown in the 'site' which are not owned and controlled by the organisation and ii) any links displayed in the ads provided by the ad server of the organisation and not owned and controlled by the  Organisation.
  12. Usage: - includes using any of the sites, products, services or contents provided by the organisation. 
  13. Website pages: -means the pages in the site.

 

The agreement in detail.

  1. ACCESS TO THE SERVICES AND PRODUCTS: -Organisation may change, suspend or discontinue the services or products (or Subscriber's access thereto) at any time, including the availability of any feature, advertisement or content, without notice or liability. a) Organisation reserves the right, at its discretion, to refuse to allow access to the services or products to any applicant at any time. b) Organisation also reserves the right, at its discretion, to modify this agreement at any time by posting a notice on the Site, or by sending subscriber a notice via email. c) Use of the services by subscriber following such notification constitutes subscriber's acceptance of the modified terms and conditions. d) Subscriber certifies to Organisation that if Subscriber is an individual (i.e., not a corporate) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Services and Products access the Site, and takes full responsibility for the selection and use of the Services and Products. e) This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
  2. TECHNICAL SPECIFICATION: - You agree to comply with the technical specification (if any) provided in the site for usage of our products and services. You should also not modify any script, code to use our product. You should use the scripts as provided. You are also not allowed to remove any credits provided in the scripts provided in our products and services.
  3. YOUR COMMUNICATIONS: - You agree not to send spam messages in your communications with us. You agree to route all your communications through us regarding the services and products provided by us and not contact other advertisers or publishers directly unless specifically allowed by us in our service or products.
  4. CONTENT: - The Site and its contents may be protected by Indian and international copyright laws and are intended solely for the use of Organisation subscribers and may only be used in accordance with the terms of this Agreement in connection with authorized use of the services and products. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the services and products. Subscriber acknowledges and agrees that if Subscriber uses any of the services or products to contribute or make available Content, Organisation is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so in connection with the services, product and the Site.
  5. RESTRICTIONS: - Subscriber (advertiser or otherwise) warrants, represents and agrees that it will not contribute, submit or make available through the services, products, content and site or use the same in connection with, any content that is infringing, defamatory, obscene, abusive, offensive or otherwise violates any law or right of any third party.

Organisation reserves the right to remove any Content from the Site at any time, or to terminate Subscriber's right to use the Services or access the Site, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Organisation is concerned that Subscriber may have breached the terms of this paragraph), or for no reason at all, subject to the provisions of paragraph 14 (Termination).

Subscriber is responsible for all of its activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of Subscriber's right to use the Services or to access the Site. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including materials that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

Subscriber will not run any form of auto-responder, or 'spam' on the Site, or any processes that run or are activated while the Subscriber is not logged in.

  1. SPECIFIC DISCLAIMERS.: -

Subscriber acknowledges and agrees that Organisation has no special relationship with or fiduciary duty to Subscriber and that Organisation has no control over, and no duty to take any action regarding:

  1. which users gains access to the Site or Services;
  2. what content Subscriber accesses or receives via the Site or Services;
  3. what content other subscribers may make available, publish or promote in connection with the Services;
  4. what effects any content may have on Subscriber or its users or customers;
  5. how Subscriber or its users or customers may interpret, view or use the content;
  6. What actions Subscriber or its users or customers may take as a result of having been exposed to the content, or whether content is being displayed properly in connection with the Services.

Further,

 if Subscriber is an advertiser, Subscriber is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to Subscribers.

IN RESPECT OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE, ORGANISATION MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY.  Organisation will not be liable for the privacy of phone numbers, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Organisation's equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services.

  1. COPYRIGHT DISPUTE: - Subscriber agrees to obey and follow COPYRIGHT LAWS strictly. Organisation reserves the right to enquire into the question of COPYRIGHT infringement. Organisation reserves the right to remove items which involve COPYRIGHT infringement even removal of the subscriber or banning of content, site or sites.
  2. REGISTRATION AND SECURITY: - Subscriber shall provide Organisation with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not

(i)         select or use as a User ID, a name of another person with the intent to impersonate that person;

(ii)    use as User ID a name, subject to any rights of a person other than Subscriber, without appropriate authorization;

(iii)       register for the Services using more than one Organisation User ID.

 Organisation reserves the right to refuse registration of, or cancel a User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password.

  1. INDEMNITY: - Subscriber will indemnify and hold the parties harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber's access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
  2. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY: - YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, SERVICES, CONTENT AND PRODUCTS IS AT YOUR OWN RISK. THE PARTIES DOES NOT WARRANT THAT THE SERVICE, PRODUCTS, CONTENTS, SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, PRODUCTS, CONTENTS, SITE INCLUDING THEIR COPYRIGHT, LEGALITY, ACCURACY, RELIABILITY, QUALITY, ADEQUACY, TIMELINESS OR AUTHENTICITY. NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, QUALITY, ADEQUACY TIMELINESS OR AUTHENTICITY OF ANY ELEMENTS IN THE SITE, INFORMATION, SERVICE, PRODUCTS, MERCHANDISE, CONTENT OR OTHER MATERIAL PURCHASED PROVIDED BY OR THROUGH THE SERVICE. THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR REVENUE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION REGARDLESS OF WHETHER THE PARTIES HAD NOTICE OF THE CAUSE OR SUCH CAUSE WAS FORESEEABLE. THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. IF THE ORGANISATION HAS OBTAINED FEES FOR CERTAIN SERVICES OR PRODUCTS OR SITE USE THEN IN NO EVENT SHALL ORGANISATION BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR PRODUCT FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR LESS ANY CHARGES DUE TO US. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.IF THAT BE THE CASE, PERSONS IN SUCH STATE, PLEASE DO NOT USE OUR SITE, PRODUCT OR SERVICES.IT IS FOR YOU TO CHECK YOUR STATE’S LAWS REGARDING THIS AND WE ARE NOT RESPONSIBLE.
  1. FEES AND PAYMENT: -

      Some of the products, services or contents may require the subscriber to make payment or fees to use, purchase, obtain such products, services or contents.

      The subscriber agrees to pay all the fees and payments due from him.

      The Organisation reserves the right to change the fees or payments rate.

      The Organisation reserves the right to remove subscribers whose payments are due past 6 months.

  1. CONFIDENTIALITY: - Subscriber should not disclose Confidential Information without prior written consent from the Organisation. Confidential Information includes without limitation:

(i) backend of software, scripts provided by the Organisation, software script versions unless the Organisation itself has released the backend details or version details.

(ii) text, documents, guidelines, video, audio etc developed by the Organisation unless universally made available by the Organisation.

(iii)Reports and statistics provided by the Organisation which are not universal.

(iv) Any special user name, password, customer id that the Organisation provides to access the products, services and contents.

(v) Any other information designated by the Organisation as confidential.

Notwithstanding anything contained above confidential information does not include.

i) information that is publicly available without any breach by the subscriber but does not include pirated items,

ii) Information which has been developed independently without the requirement of the Organisation’s provision of information.

iii) Legal information which is required to be disclosed by law.

iv) Information which ought to be disclosed by the subscriber to use the service, products and contents provided by the Organisation which but for such disclosure will make the use of service, product and contents redundant.

v) Information rightfully received by subscriber from a third party.

vi) Any other information which is accepted by the Organisation as rightful for disclosure.

13. INFORMATION RIGHTS: - Subscriber agrees to the 'Privacy Policy' followed by the Organisation.

14. TERMINATION: - Either party may terminate the Services at any time by notifying the other party by any means. Organisation may also terminate or suspend any and all the Services or Products and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non -cancellable. Upon termination of the Subscriber's account, Subscriber's right to use the Services will immediately cease and

Subscriber will remove all Organisation code or script (if any provided) from Subscriber's websites. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability. The subscriber also agrees that the Organisation may also be terminated at any time or the ownership may be transferred to any other person if necessity arises without prior notice or liability.

  1. REPRESENTATIONS AND WARRANTIES: - Subscriber represents and warrants that,

(i) either the subscriber is the owner of the websites submitted by him or he is legally authorized by the owner to submit the websites for the purpose of this agreement.

(ii) subscriber has all necessary right, power and authority to enter into this agreement and to perform the acts hereunder.

(iii)subscriber further represents and warrants in respect of the websites, contents, products and services that he has submitted that

(a) they comply with all applicable laws, rules, circulars, notifications, statutes, ordinances and regulations;

(b) they do not breach or have not breached any duty or right of any person or entity, intellectual property right, publicity rights, privacy rights or duties under consumer protection acts or any other right or duty.

(c) they are not hate-related in content.

(d) they are not pornographic content.

16. LINKS AND FRAMES: - The Service may provide links to 'third party sites' Your use of these third-party sites is governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because we have no control over such sites and resources, you acknowledge and agree that the 'parties' are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, links or other materials on or available from such sites or resources. You further acknowledge and agree that the parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services, links, other third-party sites available on or through any such site or resource.

17. MISCELLANEOUS: - This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of INDIA framed from time to time, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Each provision of this Agreement is intended to be severable. If any term or provision hereof shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall not affect the validity and enforceability of the remainder of this Agreement. You may not assign, voluntarily or otherwise, any rights or delegate any duties under this Agreement without Site owner’s prior written consent, and any attempt to do so without that consent will be void. The site owner may assign this agreement, products, services, content & site to a successor in interest in connection with a change of control, a sale of substantially all of its assets, or other reorganization transaction. The section headings used herein are for convenience only and shall not be given any legal importance. The parties shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of this Agreement in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to this Agreement shall be resolved through binding arbitration under the laws of India framed from time to time and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, and solely with respect to breaches or threatened breaches of this Agreement, either party to this Agreement may seek a temporary restraining order and injunction to protect its legal rights or interests, without the need to post bond in any court having jurisdiction. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Organisation in any respect whatsoever. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

  1. CHANGE OF TERMS OF SERVICE: -

Organisation, site owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Organisation or site owner will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Organisation, site owner also reserves the right at any time to modify the terms of agreement, keeping in view the rights, duties and liabilities of the ‘parties. You agree to be bound by the modified terms of the agreement, if any, which will be posted in the same link.