|
|
|
Terms & Conditions
1. ACCEPTANCE OF TERMS
Welcome to AllAboutBangladesh.Com owned and maintained by Commercial
Information Technology Limited (CITL). CITL provides service to you,
subject to the following terms of service (TOS), which may be updated by
us from time to time without notice to you. You can review the most
current version of the TOS at any time at:
http://www.allaboutbangladesh.com. In addition, when using particular
AllAboutBangladesh.Com operated services, you and AllAboutBangladesh.Com
shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TOS.
AllAboutBangladesh.Com may also offer other services that are governed
by different Terms of Service.
2. DESCRIPTION OF SERVICE
AllAboutBangladesh.Com currently provides users with access to a rich
collection of resources, including, various communications tools,
forums, search services, email, and personalized content. You also
understand and agree that the Service may include advertisements and
that these advertisements are necessary for AllAboutBangladesh.Com to
provide the Service. You also understand and agree that the service may
include certain communications from AllAboutBangladesh.Com, such as
service announcements, administrative messages and the
AllAboutBangladesh.Com Newsletter, and that these communications are
considered part of AllAboutBangladesh.Com membership and you will not be
able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augments or enhances the current Service,
including the release of new AllAboutBangladesh.Com properties, shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that AllAboutBangladesh.Com assumes no
responsibility for the timeliness, deletion, miss-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.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of Bangladesh or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or AllAboutBangladesh.Com
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete AllAboutBangladesh.Com, has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof)
AllAboutBangladesh.Com is concerned about the safety and privacy of all
its users.
4. AllAboutBangladesh.Com PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. AllAboutBangladesh.Com will not rent or sell users
personally identifiable information to anyone.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify AllAboutBangladesh.Com of any unauthorized use
of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
AllAboutBangladesh.Com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. 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 AllAboutBangladesh.Com, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make
available via the Service. AllAboutBangladesh.Com 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
AllAboutBangladesh.Com 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:
|
● |
Upload, post, email, link, 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.
|
|
● |
Harm minors in any way.
|
|
● |
Impersonate any person or entity,
including, but not limited to, a AllAboutBangladesh.Com official,
forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
|
|
● |
Forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service.
|
|
● |
Upload, post, email, 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).
|
|
● |
Upload, post, email, transmit or
otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party.
|
|
● |
Upload, post, email, 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.
|
|
● |
Upload, post, email, 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.
|
|
● |
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 exchange.
|
|
● |
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.
|
|
● |
Intentionally or unintentionally violate
any applicable local, state, national or international law.
|
|
● |
Collect or store personal data about
other users.
|
You acknowledge that AllAboutBangladesh.Com
may or may not pre-screen Content, but that AllAboutBangladesh.Com and
its designees shall have the right (but not the obligation) in their
sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing,
AllAboutBangladesh.Com and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by
AllAboutBangladesh.Com or submitted to AllAboutBangladesh.Com, including
without limitation information in AllAboutBangladesh.Com. Message
Boards, and in all other parts of the Service.
You acknowledge, consent and agree that AllAboutBangladesh.Com may
access, preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your
requests for customer service; or (e) protect the rights, property, or
personal safety of AllAboutBangladesh.Com, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service
may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set by
AllAboutBangladesh.Com and/or content providers who provide content to
the Service. You may not attempt to override or circumvent any of the
usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
7. 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 the United States or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE
AllAboutBangladesh.Com does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant AllAboutBangladesh.Com the
following world-wide, royalty free and non-exclusive license (s), as
applicable:
|
● |
With respect to Content you submit or
make available for inclusion on publicly accessible areas of
AllAboutBangladesh.Com. Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing and
promoting the specific AllAboutBangladesh.Com. Group to which such
Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or
AllAboutBangladesh.Com removes such Content from the Service.
|
|
● |
With respect to photos, graphics, audio
or video you submit or make available for inclusion on publicly
accessible area of the Service other than AllAboutBangladesh.Com
Groups, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate
at the time you remove or AllAboutBangladesh.Com removes such
Content from the Service.
|
|
● |
With respect to Content other than
photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than
AllAboutBangladesh.Com Groups, the perpetual, irrevocable and fully
sub-licensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
|
"Publicly accessible" areas of the Service
are those areas of the AllAboutBangladesh.Com. Network of properties
that are intended by AllAboutBangladesh.Com to be available to the
general public. By way of example, publicly accessible areas of the
Service would include AllAboutBangladesh.Com. Message Boards and
portions of AllAboutBangladesh.Com Groups, Photos and Briefcase that are
open to both members and visitors. However, publicly accessible areas of
the Service would not include portions of AllAboutBangladesh.Com that
are limited to members, AllAboutBangladesh.Com services intended for
private communication such as AllAboutBangladesh.Com Mail or
allaboutbangladesh .com Messenger, or areas off of the
AllAboutBangladesh.Com network of properties such as portions of World
Wide Web sites that are accessible through via hypertext or other links
but are not hosted or served by AllAboutBangladesh.Com.
9. INDEMNITY
You agree to indemnify and hold AllAboutBangladesh.Com, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your AllAboutBangladesh.Com I.D.), use of the Service, or
access to the Service.
11. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that AllAboutBangladesh.Com may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum disk
space that will be allotted on AllAboutBangladesh.Com servers on your
behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree
that AllAboutBangladesh.Com has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that AllAboutBangladesh.Com reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge
that AllAboutBangladesh.Com reserves the right to modify these general
practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
AllAboutBangladesh.Com 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
AllAboutBangladesh.Com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that AllAboutBangladesh.Com may, under certain circumstances
and without prior notice, immediately terminate your
AllAboutBangladesh.Com account, any associated email address, and 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, and (f) extended periods of inactivity. Termination of your
AllAboutBangladesh.Com account includes (a) removal of access to all
offerings within the Service, including but not limited to
AllAboutBangladesh.Com Mail, Groups, Messenger, Chat, Domains,
Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b)
deletion of your password and all related information, files and content
associated with or inside 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 AllAboutBangladesh.Com's sole
discretion and that AllAboutBangladesh.Com 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.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
AllAboutBangladesh.Com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because AllAboutBangladesh.Com has no
control over such sites and resources, you acknowledge and agree that
AllAboutBangladesh.Com 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 AllAboutBangladesh.Com 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.
16. AllAboutBangladesh.Com'S PROPRIETARY
RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by AllAboutBangladesh.Com or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part.
AllAboutBangladesh.Com grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any
third party to copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by
AllAboutBangladesh.Com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
|
● |
Your use of the service is at your sole
risk. The service is provided on an "as is" and "as available"
basis. AllAboutBangladesh.Com 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.
|
|
● |
AllAboutBangladesh.Com 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.
|
|
● |
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.
|
|
● |
No advice or information, whether oral
or written, obtained by you from AllAboutBangladesh.Com or through
or from the service shall create any warranty not expressly stated
in the TOS.
|
|
● |
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.
|
18. LIMITATION OF LIABILITY
You expressly understand and agree that AllAboutBangladesh.Com 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 AllAboutBangladesh.Com 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.
19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of sections 17 and
18 may not apply to you.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the service concerning
companies, stock quotes, investments or securities, please read the
above sections 17 and 18 again. They go doubly for you. In addition, for
this type of information particularly, the phrase "let the investor
beware" is apt. The service is provided for informational purposes only,
and no content included in the service is intended for trading or
investing purposes. AllAboutBangladesh.Com and its licensors shall not
be responsible or liable for the accuracy, usefulness or availability of
any information transmitted or made available via the service, and shall
not be responsible or liable for any trading or investment decisions
made based on such information.
21. NO THIRD PARTY BENEFICIARIES
you agree that, except as otherwise expressly provided in this TOS,
there shall be no third party beneficiaries to this Agreement.
22. NOTICE
AllAboutBangladesh.Com may provide you with notices, including those
regarding changes to the TOS, by email, regular mail, or postings on the
Service.
23. TRADEMARK INFORMATION
The AllAboutBangladesh.Com logo, trademarks and service marks and other
AllAboutBangladesh.Com logos and product and service names are
trademarks of AllAboutBangladesh.Com. Without AllAboutBangladesh.Com’s
prior permission, you agree not to display or use in any manner, the
AllAboutBangladesh.Com Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
AllAboutBangladesh.Com respects the intellectual property of others, and
we ask our users to do the same. AllAboutBangladesh.Com may, in
appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide AllAboutBangladesh.Com's Copyright
Agent the following information:
|
● |
An electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
or other intellectual property interest.
|
|
● |
A description of the copyrighted work or
other intellectual property that you claim has been infringed.
|
|
● |
A description of where the material that
you claim is infringing is located on the site.
|
|
● |
Your address, telephone number, and
email address.
|
|
● |
A statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law.
|
|
● |
A statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's
behalf.
|
Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
www.allaboutbangladesh.com
25. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between
you and AllAboutBangladesh.Com and govern your use of the Service, super
ceding any prior agreements between you and AllAboutBangladesh.Com. You
also may be subject to additional terms and conditions that may apply
when you use or purchase certain other AllAboutBangladesh.Com services,
affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you
and AllAboutBangladesh.Com shall be governed by the laws of Bangladesh.
Waiver and Severability of Terms. The failure of
AllAboutBangladesh.Com to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that
your AllAboutBangladesh.Com account is non-transferable and any rights
to your AllAboutBangladesh.Com email or login I.D. or contents within
your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents
therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect. |