Terms of Use

TERMS OF USE:- >>TERMS AND CONDITIONS OF USE:- The following terms and conditions govern all uses of ©smartAgerz.com and all contents and services and products available at or through the website. The Website offers are subjected to the user's acceptance without modifications of all of terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by Er. Monn Ossom (collectively the 'Agreement'). Please read this 'Agreement' carefully before accessing or using the website. By accessing or using any part of the website, you are agreeing to bound by the 'Terms of Use and Conditions' (hereafter referred as Terms of Service/Terms of Conditions (TOS/TOC)) of this agreement and 'Information Technology (IT) Act, 2000 of the Indian Parliament' (No 21 of 2000) notified on 17th October 2000. If the user doesn’t agree to all the 'Terms of Use and Conditions' of this agreement, then he/she may not access the website or any service offered by it. If these 'Terms and Conditions' are considered as an offer by ©smartAgerz.com, acceptance is limited to these terms only. The website is available only to individuals who are at least 18 years old. >>YOUR smartAgerz.com ACCOUNT and SITE:- If the user creates an account in the Website, he/she is responsible for maintaining the security of the account and uses and is fully responsible for the all activities under the account and any other actions taken in connection with the use. The user must not describe or assign keywords to his/her uses and posts in a misleading or unlawful manner, which are intended to trade in the name or reputation of others, and ©smartAgerz.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ©smartAgerz.com liability. The user must immediately notify ©smartAgerz.com about any unauthorized uses of his/her posts, activities related to the account or any other breaches of security. ©smartAgerz.com will not be liable or responsible for any acts or omissions by the user, including any damage of any kind incurred as a result of such acts or omissions. ©smartAgerz.com has the right to delete or block the user account permanently anytime without prior notification to the user, if only if the account activities violates any one of the TOS/TOC & Privacy Policy, the 'Agreement' and IT ACT 2000, of the Indian Parliament. >>RESPONSIBILITY OF CONTRIBUTORS:- If the user operates an account on -Group, Page, Poll, Forum, Events, Marketplace, Audio, Video, Mp3, Video, Game, Movie, Blog etc; or post material (hereafter collectively referred as 'Content') to the Website, post links to the Website, or otherwise, make (or allow any third party to make) material/content available by means of the website (any such material, 'Any Content'), he/she is entirely responsible for the Content of any harm resulting from it. This is the case regardless of whether the Content in question constitutes texts, graphics, photos, audio files, video files, or computer software. By making Content available, the user represents and warrants that: >>1.The downloading, copyright and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; >>2.If the user's employer has rights to intellectual property the user creates, he/she has either, (a) received permission from the employer to post or make the Content available, including but not limited to any software, or (b)secured from the employer a waiver as to all rights in order to the Content; >>3. The user has fully complied with any third-party license related to the Content and has done all things necessary to successfully pass through to the end user's any required terms; >>4. The Content does not contain or install any virus, worms, malware, or other harmful or destructive Contents; >>5.The Content is not spam, not machine/randomly-generated, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or misleading recipients as to the source of the material (such as spoofing); >>6. The Content is not pornographic (including but not limited to soft porn, anime porn, nudity), obscene, libelous or defamatory, hateful or racially or ethnically objectionable, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party or individual; >>7. The Content is not related to gambling, lotteries, sports betting, anarchy, weapons, explosives, illegal drugs or tobacco; >>8. The user account and activities under that account does not get advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; >>9. The user's post and activities are not named in a manner that misleads the readers to think that he/she is another person or company. For example, the URL of the activities/posts or name is not the name of a person other than the user or company other than his/her own; and >>10. The user posts, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials/Contents, whether requested to do so by ©smartAgerz.com or otherwise. >>ADDITIONAL:- By submitting Contents to ©smartAgerz.com for inclusion on your Website, you grant ©smartAgerz.com a world-wide, royalty-free, and non-exclusive license to reproduce ,modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your posts and your activities. If you delete Content, ©smartAgerz.com will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, ©smartAgerz.com has the right (though not the obligation) to, in ©smartAgerz.com’s sole discretion- >>1. Refuse or remove any content that, in ©smartAgerz.com’s reasonable opinion, violates any ©smartAgerz.com policy or is in any way harmful or objectionable, or >>2. Terminate or deny access to and use of the website to any individual or entity for any reason, in ©smartAgerz.com’s sole discretion. >>RESPONSIBILITY OF THE WEBSITE VISITORS: ©smartAgerz.com has not reviewed and cannot review all of the material, posts, articles, blogs- including computer software posted to the Website, and cannot therefore be responsible for that material’s/post’s/articles’/blog’s content, (collectively ‘CONTENT’) use or effects. By operating the website, ©smartAgerz.com does not represent or imply that it endorses the 'CONTENT’ posted there, or that it believes such ‘CONTENT’ to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your systems (computer, laptop, mobile, smartphone, tablet etc.) from viruses, worms, Trojan horses, and other harmful and destructive contents. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringe the intellectual property and other proprietary rights of third parties, or the downloading, copyright or use of which is subjected to additional terms and conditions, stated or unstated. ©smartAgerz.com disclaims any responsibility for any harm resulting from the use by visitors of the website, from downloading the content posted there by those visitors. >>CONTENT POSTED ON OTHER WEBSITES: ©smarAgerz.com has not reviewed and cannot review, all of the material/‘CONTENT’, including computer software, made available through the websites/WebPages and mobile applications to which ©smartAgerz.com links, and vice-versa. ©smartAgerz.com does not have any control over those non-smartAgerz.com websites/ WebPages and mobile applications (well known as apps), and ©smartAgerz.com is not responsible for their contents or uses. By linking to non-smartAgerz.com website/WebPages and apps, ©smartAgerz.com does not represent or imply that it endorses such website/webpage and apps. You are responsible for taking precautions as necessary to protect yourself and your systems (computer, laptop, mobile, smartphones, tablet etc.) from spams, viruses, worms, Trojan horses, and other harmful and destructive content. ©smartAgerZ.com disclaims any responsibility for any harm resulting from your use of non-smartAgerZ.com websites, WebPages and apps. >>COPYRIGHT INFRINGEMENT AND ‘DMCA’ POLICY:- As ©smartAgerZ.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that content located on or linked to ©smartAgerZ.com violates copyright, you are encouraged to notify ©smartAgerZ.com in accordance with ©smartAgerZ.com’s Digital Millennium Copyright Act (‘DMCA’) Policy. ©smartAgerZ.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor, guest visitor or user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ©smartAgerZ.com or others, ©smartAgerZ.com may in its discretion, terminate or deny access to and use of the website. In case of such termination, ©smartAgerZ.com will have no obligation to provide a refund of any amounts previously paid to ©smartAgerZ.com and to send DMCA take down notices to info@smartagerz.com. >>INTELLECTUAL PROPERTY:- This 'Agreement' does not transfer from ©smartAgerZ.com to you any ©smartAgerZ.com or third party intellectual property, and all right, title and interest in or to such property will remain (as between the parties) solely with ©smartAgerZ.com.; ©smartAgerZ.com and its logo, and all other trademarks, service marks, graphics and logos used in connection with ©smartAgerZ.com ,or the Website are trademarks or registered trademarks of ©smartAgerZ.com or © smartAgerZ.com ‘s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ©smartAgerZ.com or third party trademarks. >>ADVERTISEMENT:- ©smartAgerZ.com reserves the right to display various types of advertisement on your - status update, post, blog, page, group, forum, marketplace, article, mp3, video, movies, game, product page etc. >>ATRRIBUTION:- ©smartAgerZ.com reserves the right to display attribution links such as ‘Powered by ©smartAgerZ.com’, theme author, and font attribution in your post, update, blog footer or in your footer of various activities throughout the Website. Footer credits may not be altered or removed regardless of necessities raised. >>CHANGES:- ©smartAgerZ.com reserves the right, at its sole discretion, to modify or replace any part of this 'AGREEMENT'. It is your responsibility to check this 'AGREEMENT' periodically for changes. Your continued use of or access to the Website following the posting of any changes to this 'AGREEMENT' constitutes acceptance of those changes. ©smartAgerZ.com may also in the future , offer new services and/or features through the Website ( including, the release of new tools and resources).Such new features and/or services shall be subject to the 'TERMS OF USE' and Conditions of this 'AGREEMENT'. >>TERMINATION:- ©smartAgerZ.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this 'AGREEMENT' or your ©smartAgerZ.com account (if you have one), you may simply discontinue using the Website. All provisions of this 'AGREEMENT' which by their nature should survive termination shall survive termination, including, without limitation, ownership, provisions, warranty disclaimers, indemnity and limitations of liability. >>DISCLAIMER OF WARRANTIES:- The Website is provided “as is” ©smartAgerZ.com and its suppliers and licensors do hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ©smartAgerZ.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. >>LIMITATION OF LIABILITY:- In no event will ©smartAgerZ.com ,or its suppliers or licensors, be liable with respect to any subject matter of this 'AGREEMENT' under any contract, negligence, strict liability or other legal or equitable theory for:- 1. Any special, incidental, or consequential damages; 2. The cost of procurement or substitute products or services; 3. For interruption of use or loss or corruption of data; ©smartAgerZ.com shall have no liability for any failure or delay due to matters beyond their responsible control. The foregoing shall not apply to the extent prohibited by applicable law. >>GENERAL REPRESENTATION AND WARRANTY:- You represent and warrant that:- 1 .Your use of the Website will be in strict accordance with the ©smartAgerZ.com 'PRIVACY POLICY', with this 'AGREEMENT' and with all applicable laws and regulations (including without limitation any local laws or in your country, state, city or other Governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and 2. Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. >>IDEMNIFICATION:- You agree to indemnify and hold harmless ©smartAgerZ.com ,its contractors, and its licensors, and their respective directors , officers , employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of this' AGREEMENT'. >>MISCELLANEOUS:- This 'AGREEMENT' constitutes the entire 'AGREEMENT' between ©smartAgerZ.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by Er. Monn Ossom (Administrator) or by an authorized executive (authorized by Er. Monn Ossom) of ©smartAgerZ.com, or by posting by Er Monn Ossom (Admin) or by ©smartAgerZ.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this 'AGREEMENT', any access to or use of the Website will be governed by the laws of the state of Assam, INDIA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in MARGHERITA, ASSAM ONLY. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this 'AGREEMENT' shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Service; Alternative Disputes Resolution (ADR),Indian Institute of Arbitration and Mediation Service (‘IIAM’) by three Arbitrators appointed in accordance with such rules. The Arbitration shall take place in MARGHERITA, ASSAM, in the Assamese and English language only and the Arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this 'AGREEMENT' shall be entitled to costs and attorneys’ fees. If any part of this 'AGREEMENT' is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any 'Term or Condition' of this 'AGREEMENT' or any breach thereof, in any one instance, will not waive such 'Term or Condition' or any subsequent breach thereof. You may assign your rights under this 'AGREEMENT' to any party that consents to, and agrees to be bound by, its 'Terms of Use and Conditions'; ©smartAgerZ.com may assign its rights under this 'AGREEMENT' without condition. This 'AGREEMENT' will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Effective from:-30Th November ,2017