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1. DESCRIPTION OF SERVICE
ORISSA TELEVISION provides users with access to a rich collection of
resources, through its network of properties which may be accessed through any
various medium or device now known or hereafter developed (the "Service"). You
also understand and agree that the Service may include advertisements and that
these advertisements are necessary for ORISSA TELEVISION to provide the
Service. You also understand and agree that the Service may include certain
communications from ORISSA TELEVISION , such as service announcements,
administrative messages and the ORISSA TELEVISION Newsletter, and that
these communications are considered part of ORISSA TELEVISION membership
and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new ORISSA TELEVISION properties, shall be
subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that ORISSA TELEVISION assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment necessary to
access the Service.
2. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not ORISSA
TELEVISION , are entirely responsible for all Content that you post, transmit or
otherwise make available via the Service. ORISSA TELEVISION does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will ORISSA TELEVISION be liable in
any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
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post, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, a ORISSA
TELEVISION official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
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post, transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
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post, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
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post, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose ;
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post, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
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interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
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provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the Indian government as a foreign terrorist
organization;
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"stalk" or otherwise harass another; and/or
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collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through n above.
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from India or the country in which you reside.
4. TERMINATION of SERVICE
You agree that ORISSA TELEVISION may, under certain circumstances and
without prior notice, immediately terminate your ORISSA TELEVISION
account and any associated access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any
part thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) you have engaged in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the
Services. Termination of your ORISSA TELEVISION account includes (a)
removal of access to all offerings within the Service, including but not limited
to ORISSA TELEVISION Message Boards, Alerts and Online Songs, (b) deletion
of your password and all related information, content associated with your
account (or any part thereof), and (c) barring further use of the Service.
Further, you agree that all terminations for cause shall be made in ORISSA
TELEVISION 's sole discretion and that ORISSA TELEVISION shall not be
liable to you or any third-party for any termination of your account, any
associated email address, or access to the Service
5. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because ORISSA TELEVISION has no control over such
sites and resources, you acknowledge and agree that ORISSA TELEVISION is
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, or other materials on or available from such sites or resources. You
further acknowledge and agree that ORISSA TELEVISION 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, goods or services available on or through any such site or resource.
6. DISCLAIMER OF
WARRANTIES
You expressly understand and
agree that:
a.
Your use of the service
is at your sole risk. The service is provided on an "as is" and "as available"
basis. ORISSA TELEVISION expressly disclaims 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.
b. ORISSA
TELEVISION makes 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
will meet your expectations, and (v) any errors in the software will be
corrected.
c.
Any material downloaded
or otherwise obtained through the use of the service is done at your own
discretion and risk and that 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.
d.
No advice or
information, whether oral or written, obtained by you from orissa television
or through or from the service shall create any warranty not expressly stated in
the TOS.
e.
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.
7.
Limitation of liability
You expressly understand and
agree that orissa television shall not be liable to you for any direct,
indirect, incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if orissa television has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to use the
service; (ii) the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service; or (v) any other matter
relating to the service.
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