Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service.
2. General Rules
For the benefit of the entire Ally Technologies India Pvt Ltd ( Hocalwire ) community, and to comply with applicable laws, we have certain general rules, which Ally Technologies India Pvt Ltd will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Ally Technologies India Pvt Ltd or other actions by Ally Technologies India Pvt Ltd, you should carefully read and follow them.A. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Ally Technologies India Pvt Ltd registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate. Ally Technologies India Pvt Ltd at any point of time may verify the information such provided, and incase of any inaccurate, misleading information might terminate access and other privileges covered under this TOU.B. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify Ally Technologies India Pvt Ltd immediately and promptly change your password. Please edit your profile for instructions on how to change your password or to contact Ally Technologies India Pvt Ltd, [email protected] Ally Technologies India Pvt Ltd as a policy has created a secure non-manual process for creation, updation, and restoration of your password. Ally Technologies India Pvt Ltd absolves itself from any liability, loss, damages that may occur in case of any misuse of your personal password.C. Obey the Law. You agree not to use the Ally Technologies India Pvt Ltd for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of other's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others. Incase of any violation of this rule, Ally Technologies India Pvt Ltd at its discretion would report this to concerning regulatory or legal framework as per the prevailing lawsD. Permitted Use of Content. The content included in the Ally Technologies India Pvt Ltd, including all web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Ally Technologies India Pvt Ltd (collectively, the "Content") is owned or licensed by Ally Technologies India Pvt Ltd and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. You shall not (a) use any content contained in the Content in any manner that may give a false or misleading impression, attribution or statement as to Ally Technologies India Pvt Ltd Content, the Copyright Holder, or any third party referenced therein, (b) use the Ally Technologies India Pvt Ltd Content Network and/or the Content and services and products on the Ally Technologies India Pvt Ltd Content Network or accessible via the Ally Technologies India Pvt Ltd Content Network for any unlawful purposes, and (e) publicly display, perform, or distribute any Document and shall not modify, translate, alter or create any derivative works thereof. Any other use of the Content without Ally Technologies India Pvt Ltd Content's prior written consent is expressly prohibited. The Content is protected by copyright, trademark, service mark and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Ally Technologies India Pvt Ltd.E. Limits on Use of the Ally Technologies India Pvt Ltd. You agree not to engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Ally Technologies India Pvt Ltd or the Registration Data or other data of any User (whether individually or in the aggregate), (ii) make no attempt to probe, scan or test the vulnerability of the Ally Technologies India Pvt Ltd, or breach the security or authentication measures on the Ally Technologies India Pvt Ltd, (iii) reverse look-up, trace or seek to trace any information on any other User of the Ally Technologies India Pvt Ltd, including any Ally Technologies India Pvt Ltd account not owned by you, to its source, or exploit the Ally Technologies India Pvt Ltd in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Ally Technologies India Pvt Ltd, (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Ally Technologies India Pvt Ltd, (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Ally Technologies India Pvt Ltd or with any other person's use of the Ally Technologies India Pvt Ltd, (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Ally Technologies India Pvt Ltd and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.F. Other guidelines1) Community Conduct. By using and/or registering for the community networks, user pages, feeds or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.2. Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.3. Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.4. Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.5. Advertise or offer to sell any goods or services for any commercial purpose. 6. Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner, unless you own permission to distribute the same.7. Restrict or inhibit any other User from using and enjoying any publicly accessible area of the Ally Technologies India Pvt Ltd.8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.If you choose to use language, such as a user name or Citizen Journalist name that, in Ally Technologies India Pvt Ltd's sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or CJ name.2) User Tools. Ally Technologies India Pvt Ltd and its affiliates reserve the right to terminate your access without any liability to any or all of the User Tools at any time without notice for any reason whatsoever.3) Monitoring. Ally Technologies India Pvt Ltd and its affiliates have no obligation to pre-screen or monitor the User Tools or the content posted on or through any User Tools. However, Ally Technologies India Pvt Ltd and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in Ally Technologies India Pvt Ltd's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.4) Usage. Content or communications posted using the User Tools are generally public displayed and not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. Ally Technologies India Pvt Ltd is not responsible for its theft, copying or placement of that User Content on other media or networks. Ally Technologies India Pvt Ltd and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, Ally Technologies India Pvt Ltd and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. By posting User Content through the User Tools you grant Ally Technologies India Pvt Ltd certain rights as described in Section 4A below.G. Downloads
Any material or third party software downloaded through or for the use of the Ally Technologies India Pvt Ltd is done at your own discretion and risk, and Ally Technologies India Pvt Ltd will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Ally Technologies India Pvt Ltd or our third party service providers will create any warranty not expressly stated.
3. Rights You Grant to Ally Technologies India Pvt LtdA. User Content. By submitting Hocalist Content to the Ally Technologies India Pvt Ltd, you hereby represent and warrant to Hocalist that (a) you solely own such Hocalist Content, (b) your Hocalist Content does not contain any third-party materials that you do not solely and exclusively own, and (c) the use of such Hocalist Content in any manner will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require Ally Technologies India Pvt Ltd or any third party to pay any fees of any kind to any third party for the use of any such Hocalist Content.You solely and exclusively own your Hocalist Content. However, by submitting Hocalist Content to the Service, you hereby grant to Ally Technologies India Pvt Ltd ( Hocalwire) a non-exclusive, revocable (except as limited below), transferable, sublicensable (through multiple tiers), royalty-free and worldwide right and license to use, reproduce, prepare and have prepared derivative works of, display, distribute and perform your Hocalist Content through any and all distribution channels and devices, whether now known or hereafter created, and to authorize any third parties to do the same with your Hocalist Content. This may include, by way of example and not limitation, the provision of your Hocalist Content for display on third party websites and the display of advertisements or promotions alongside your Hocalist Content. You further grant Ally Technologies India Pvt Ltd a royalty- free license to use your user name, image, and likeness to identify you as the source of any Hocalist Content and to otherwise market or promote any Hocalist Content or the Service, and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Hocalist Content or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Hocalist Content.
Notwithstanding the immediately preceding paragraph, to the extent Hocalist has sublicensed any of your Hocalist Content to a third party pursuant to the grant of rights set forth in this section, the sublicense granted to such third party shall survive any revocation of your license grant to Ally Technologies India Pvt Ltd and shall be irrevocable. Therefore, even though you may remove any of your Hocalist Content from the Service and terminate your license grants to Ally Technologies India Pvt Ltd with respect to such Hocalist Content, any sublicenses made by Ally Technologies India Pvt Ltd to any third parties with respect to such Hocalist Content prior to the removal of your Hocalist Content from the Service shall survive in perpetuity notwithstanding your removal of your Hocalist Content from the ServicesB. Account Access. In order to ensure that Ally Technologies India Pvt Ltd is able to provide high-quality services that are responsive to Users' needs, you agree that Ally Technologies India Pvt Ltdrepresentatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
4. Children and Mature Content
The Ally Technologies India Pvt Ltd are not directed to children under the age of 18. Ally Technologies India Pvt Ltd will not knowingly collect personally identifiable information on or through the Ally Technologies India Pvt Ltd from anyone under 18. Please be aware that certain areas on the Ally Technologies India Pvt Ltd contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Ally Technologies India Pvt Ltd that you find offensive, indecent or objectionable. By using the Ally Technologies India Pvt Ltd you assume all risk associated with its use. We encourage parents to supervise their children's use of the Ally Technologies India Pvt Ltd and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Ally Technologies India Pvt Ltd, please contact us through email [email protected]
5. Other Legal StuffA. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE ALLY TECHNOLOGIES INDIA PVT LTD IS AT YOUR SOLE RISK. THE ALLY TECHNOLOGIES INDIA PVT LTD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALLY TECHNOLOGIES INDIA PVT LTD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE " ALLY TECHNOLOGIES INDIA PVT LTD PARTIES") 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.
THE ALLY TECHNOLOGIES INDIA PVT LTD PARTIES MAKE NO WARRANTY THAT (I) THE ALLY TECHNOLOGIES INDIA PVT LTD WILL MEET YOUR REQUIREMENTS, (II) THE ALLY TECHNOLOGIES INDIA PVT LTD WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ALLY TECHNOLOGIES INDIA PVT LTD WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, ALLY TECHNOLOGIES INDIA PVT LTD, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ALLY TECHNOLOGIES INDIA PVT LTD WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE ALLY TECHNOLOGIES INDIA PVT LTD IS DONE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY ALLY TECHNOLOGIES INDIA PVT LTD, OR THROUGH OR FROM THE ALLY TECHNOLOGIES INDIA PVT LTD WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.(VII) ALLY TECHNOLOGIES INDIA PVT LTD IS NOT RESPONSIBLE FOR ANY DELAYS IN PAYMENT AND IS NOT LIABLE TO PAY ANY INTEREST.(VII)THE PAYMENTS AND PAGEVIEWS DISPLAYED WOULD BE SUBJECT TO AUDITING AT ANY POINT OF TIME WITHOUT ASSIGNING ANY REASON. (IX) ALLY TECHNOLOGIES INDIA PVT LTD RESERVES THE RIGHT TO MODIFY, REDEFINE OR CANCEL SERVICES OR ANY SUCH PROGRAM WITHOUT ANY PRIOR NOTICE. (X)ALLY TECHNOLOGIES INDIA PVT LTD RESERVES THE RIGHT TO DISPLAY ADVERTISING LINKS OR IMAGES ON ANY OF THE CONTENT PAGES WITHOUT REASONING TO WHOSOEVER IT MAY CONCERN. (XI)CERTAIN LINKS FROM THE SITE MIGHT LEAD TO THIRD PARTY SITES AND ALLY TECHNOLOGIES INDIA PVT LTD IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, IF ANY DISPUTE ARISES.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ALLY TECHNOLOGIES INDIA PVT LTD. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE ALLY TECHNOLOGIES INDIA PVT LTD IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE ALLY TECHNOLOGIES INDIA PVT LTD IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE ALLY TECHNOLOGIES INDIA PVT LTD PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THE TOU, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT. AND DISPUTES ARISING WOULD BE SUBJECT TO DELHI, STATE OF DELHI, INDIA.C. LIMITATION OF LIABILITY. YOU AGREE THAT THE ALLY TECHNOLOGIES INDIA PVT LTD PARTIES WILL 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 THE ALLY TECHNOLOGIES INDIA PVT LTD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE ALLY TECHNOLOGIES INDIA PVT LTD; (II) THE COST OF GETTING SUBSTITUTE GOODS AND ALLY TECHNOLOGIES INDIA PVT LTD RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR ALLY TECHNOLOGIES INDIA PVT LTD PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ALLY TECHNOLOGIES INDIA PVT LTD; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE ALLY TECHNOLOGIES INDIA PVT LTD; OR (V) ANY OTHER MATTER RELATING TO THE ALLY TECHNOLOGIES INDIA PVT LTD.D. Indemnification. You agree to protect and fully compensate the Ally Technologies India Pvt Ltd Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) arising from your use of the Ally Technologies India Pvt Ltd, or violation of the TOU by you or any other user of your account (whether or not authorized).
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