Author Topic: Terms of Service and Guidelines for Use  (Read 89 times)

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Offline Nimrata Chandramukhi

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Terms of Service and Guidelines for Use
« on: July 13, 2017, 01:33:11 PM »



Terms of Service and Guidelines for Use







1. Introduction
Welcome to IdeaMines, a not-for-profit collective that concerns itself with all aspects of communication as manifested by humans, as individuals and or collectives of whatever description, including legally incorporated businesses and non-commercial entities. By using IdeaMines Services (including http://www.commissionedwriting.com, the web address that IdeaMines uses for its services, tools, and presence on the Internet). You, the User agree to the following terms with IdeaMines.
1.1
These Terms of Service and Guidelines for Use are effective upon acceptance for new and existing users. You accept these Terms of Service and Guidelines for Use by checking the “I agree to the terms of service” checkbox when registering an account with any IdeaMines site; accessing or using any IdeaMines site, services, and tools; or as otherwise indicated on any specific IdeaMines site or  service.
1.2
Please be advised These Terms of Service and Guidelines for Use contain provisions that govern how claims you and we have against each other are resolved (see Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, and in which (1) you will only be permitted to pursue claims against IdeaMines on an individual basis, not as part of any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
 
2. Scope
Before you may become a member of any IdeaMines site, you must read and accept all of these Terms of Service and Guidelines for Use in, and linked to, Terms of Service and Guidelines for Use. By accepting these Terms of Service and Guidelines for Use you agree that these Terms of Service and Guidelines for Use will apply whenever you use any IdeaMines site or services. Some third-party sites, services, and tools which may access through an IdeaMines site have additional or other terms, agreements, or policies that govern their availability and use. Your use of and access to any and all such third-party sites, services, and tools are subject to any and all terms, agreements, or policies applicable to them.
 
3. Using IdeaMines Sites
While using IdeaMines site, services and tools, you will not:
Post content or items in languages other than English, Punjabi and Urdu, nor post in inappropriate channels or areas on our site and services;
Violate any laws, third-party rights or our policies;
Use our site, services or tools if you are under the age of 16 or are temporarily or indefinitely suspended from using our sites, services, or tools;
Post false, inaccurate, misleading, defamatory, or libelous content;
Take any action that may undermine the content on IdeaMines sites or third-party sites (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to IdeaMines);
Circumvent any IdeaMines policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
Transfer your account at any IdeaMines site and user ID to another party without our consent;
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes, and or post links in your user profile or inline links in topics or posts. Infringement of this condition attracts immediate suspension of account without any warning, and or a permanent suspension thereof, or ban from the site altogether. We reserve the right to approach your latest logged IP in such issues.  ;
Distribute viruses or any other technologies that may harm IdeaMines, IdeaMines sites or the interests or property of IdeaMines users;
Copy, modify, or distribute rights or content from the IdeaMines sites, services, or tools or IdeaMines copyrights and trademarks; or
Harvest or otherwise collect information about users, including email addresses, without their consent.
YOU remain solely responsible for the content you post. Furthermore, you agree to indemnify and hold harmless the owner of these IdeaMines sites, any and all websites related to these sites, their subsidiaries, and or affiliates and associates of IdeaMines, and the Staff at these IdeaMines sites from any obligation, responsibility and or liability resulting from your actions at any IdeaMines site. The owner of the IdeaMines sites also reserves the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of the IdeaMines sites.
 
3. Abusing IdeaMines
3.1
IdeaMines exercises due caution to keeps its sites, services and tools safe. Please report problems, offensive content, and policy violations to site Staff, always available, whether visible onsite or not.
3.2
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our site, services, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, or tools, if we determine that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, manipulating content, circumventing temporary or permanent suspensions or harassing our Staff or other users). We also reserve the right to cancel  accounts non-compliant to these Terms of Service and Guidelines for Use or accounts that have been inactive for a long time, or to modify or discontinue any or all IdeaMines sites, services, or tools.
 
4. Content
4.1
 A very predominant part of the content on the IdeaMines sites is acquired from the public domain. In many cases the source of such content is displayed in the content itself as a link or or other device.
4.2
IdeaMines respects the intellectual property rights of others, and expects others to do the same.
 
5. Limitation of Liability
5.1
We try to keep IdeaMines sites and its services and tools safe, secure, bug-free, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis.
5.2
Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any implied warranty arising from course of dealing or usage of trade. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold IdeaMines responsible, for any damages or losses (including, but not limited to, loss of money, profits, goodwill or reputation,  or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our sites, services and tools;
Delays or disruptions in our sites, services, or tools;
Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including content posted using our sites, services, or tools;
A suspension or other action taken with respect to your account;
The duration or manner in which your content appears in search results;
Your need to modify practices, content, or behavior or your loss of or inability to post content, as a result of changes to these Terms of Service and Guidelines for Use or our policies; IdeaMines reserves the right to modify its policies and these Terms of Service and Guidelines for Use at any time consistent with the provisions outlined herein.
5.3
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
5.4
Although we provide rules for user conduct, we do not control or direct users' actions on IdeaMines sites and are not responsible for the content or information users transmit or share on IdeaMines sites. We are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content or information you may encounter on IdeaMines sites. We are not responsible for the conduct, whether online or offline, of any user of IdeaMines sites.
 
6. Release
6.1
If you have a dispute with one or more users, you release IdeaMines and IdeaMines sites Staff, and our affiliates and third-party sites, and our and their respective officers, directors, employees, and agents, from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
 
7. Access and Interface
7.1
Information on our sites is subject to constant updates and changes. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose.
7.2
Additionally, you agree that you will not:
Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
or
Interfere or attempt to interfere with the proper working of our sites, services, or tools, or any activities conducted on or with our sites, services, or tools.
8. Content-Posting Conditions
By posting content on IdeaMines sites, you agree to assume full responsibility for the content of the posting, and to accept the following listing conditions
8.1
When you post content on IdeaMines sites, your content will be viewed by all IdeaMines sites users appropriately permitted.
8.2
Your content may not be immediately searchable.
8.3
Where your content appears in search and browse results is based on many factors beyond our control.
9.Privacy       
We do not sell or rent your personal information to anyone. We view protection of users' privacy as a keystone principle. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account.
9.1
If you disagree with this privacy policy please do not use our services.
 
10. Indemnity
You will indemnify and hold us harmless from any claim, demand, cost, loss, damage, judgment, penalty, interest, or expense, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service and Guidelines for Use, your improper use of IdeaMines sites, services, or tools, and/or your violation of any law or the rights of a third party.
 
11 .No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service and Guidelines for Use Terms of Service and Guidelines for Use Terms of Service and Guidelines for Use.
 
12. Legal Disputes
You and IdeaMines agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of Sindh and of Pakistan, without regard to principles of conflict of laws, will govern these Terms of Service and Guidelines for Use and any claim or dispute that has arisen or may arise between you and IdeaMines, except as otherwise stated in these Terms of Service and Guidelines for Use.
B. Agreement to Arbitrate
You and IdeaMines each agree that any and all disputes or claims that have arisen or may arise between you and IdeaMines shall be resolved exclusively through final and binding arbitration, rather than in court. The Arbitration Laws of Pakistan govern such arbitration actions.
C. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND IDEAMINES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND IDEAMINES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF IDEAMINES SITES.
D. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. In some instances, an arbitrator cannot award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator must follow the terms of these Terms of Service and Guidelines for Use Terms of Service and Guidelines for Use as a court would.
The arbitration will be conducted under the Arbitration Laws of Sindh and Pakistan and any rules and procedures framed thereunder. The Arbitration will be conducted in Karachi, Pakistan.
The arbitrator will decide the substance of all claims in accordance with the laws of Pakistan, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different IdeaMines users, but is bound by rulings in prior arbitrations involving the same IdeaMines user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
E. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the laws of Sindh and Pakistan. Each side is to pay its own attorneys’ fees and costs, regardless of which side is deemed the prevailing party.
F. Severability
If a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. The remainder of these Terms of Service and Guidelines for Use and the Legal Disputes Section herein will continue to apply.
G. Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in these Terms of Service and Guidelines for Use to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim of which you provided IdeaMines with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in these Terms of Service and Guidelines for Use, any such termination shall not be effective until 30 days after the version of the Terms of Service and Guidelines for Use not containing the Agreement to Arbitrate is posted to IdeaMines websites, and shall not be effective as to any claim of which you provided IdeaMines with written notice prior to the date of termination.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a court order, you agree that any claim or dispute that has arisen or may arise between you and IdeaMines must be resolved exclusively by a court located in Karachi, Pakistan. You and IdeaMines agree to submit to the legal jurisdiction of the courts located within Karachi, Pakistan for the purpose of litigating all such claims or disputes.
Definitions
References to “us,” “we,” and “our” mean IdeaMines.
By “IdeaMines,” we mean the features and services we make available, including through (a) our web site at http://www.commissionedwriting.com and any other IdeaMines branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
By “information,” we mean facts and other information about you, including actions taken by users and non-users who interact with IdeaMines.
By “content,” we mean anything you or other users post on IdeaMines that would not be included in the definition of information.
By “data,” we mean any data, including a user’s content or information that you or third parties can retrieve from IdeaMines or provide to IdeaMines.
By “post,” we mean any post on IdeaMines sites
Other
Entire Agreement: These Terms of Service and Guidelines for Use makes up the entire agreement between the parties regarding IdeaMines, and supersedes any prior agreements.
No Waiver: If we fail to enforce any of these Terms of Service and Guidelines for Use, it will not be considered a waiver. Unless otherwise replaced by an updated Terms of Service and Guidelines for Use, any amendment or waiver of these Terms of Service and Guidelines for Use must be in writing and signed by us.
No Transfer: You will not transfer any of your rights or obligations under these Terms of Service and Guidelines for Use to anyone else without our consent.
Compliance with Laws: Nothing in these Terms of Service and Guidelines for Use shall prevent us from complying with the law.
No Beneficiary: These Terms of Service and Guidelines for Use do not confer any third-party beneficiary rights.
Reservation of Rights: We reserve all rights not expressly granted to you.
Headings: The headings in these Terms of Service and Guidelines for Use are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of these Terms of Service and Guidelines for Use.

 
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