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In General
Your use of PunjabiMp3.com Web site (the "Site"), and all
information, products and services on the Site, including our
world-class search, specialty services (collectively, the "Services")
are subject to the binding legal terms set forth below ("Terms"). We may
update these Terms from time to time without giving you any notice.
Unless we let you know by giving you a notice, any new features or
updated Services that we put on the Site will be subject to these Terms.
BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH
BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW,
YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.
The Site contains links to Web sites, Web pages and services that are
also operated by PunjabiMp3.com, our subsidiaries or other companies
affiliated with us (each an "PunjabiMp3.com Site"). Your use of each
PunjabiMp3.com Site is subject to the terms of use, if any, contained
within each of the PunjabiMp3.com Sites. If there is any conflict
between the Terms set forth below and any of the terms or notices set
forth on any other PunjabiMp3.com Site, then the terms at that
PunjabiMp3.com Site will control your use of that PunjabiMp3.com Site.
Please review the terms of use for each PunjabiMp3.com Site so that you
understand all of the terms that will apply.
PunjabiMp3.com is pleased to give you access to this Site free of
charge. However, in order to access the Site, you will need to establish
an account with an Internet service provider. You will also need
equipment to access the Site, including a computer, modem or other
communication device. You agree to pay for all hardware and services
costs needed to access the Site and use the Services. PunjabiMp3.com is
not responsible for any of these costs.
Some parts of the Site may contain mature or adult content intended for
people who are at least 18 years old. If you view this adult content, we
understand that you are telling us that you are at least 18 years old
and that the material you are viewing is acceptable to you. If you do
not want to view this content, you can select the Family Filter set
forth below, to exclude the adult content.
How You Can Use the
Services
The Services are protected by U.S. and international copyright, patent,
trademarks laws and other intellectual property laws. You may use
the Services on the Site and the PunjabiMp3.com Sites for your personal,
non-commercial use. You may make a single copy of the individual screens
you see when you use the Services, but only for your personal use. You
cannot distribute or transfer the copies to others in exchange for money
or other consideration. You may not-and agree not to-modify, reformat,
copy, display, distribute, transmit, publish, license, create derivative
works from, transfer or sell any information, products or services
obtained from the Services, except as set forth below. This means that
you may not mirror the home page or results pages of the Site or any
PunjabiMp3.com Site on your own Web site or Web page.
If you want to make commercial use of the PunjabiMp3.com search service,
please contact us.
No License Granted
Except for allowing you to use the Site and the PunjabiMp3.com Sites for
your personal use as set forth in the paragraph above, when you use the
Site or the PunjabiMp3.com Sites, you are not receiving a license or any
other rights from us, including intellectual property or other
proprietary rights of PunjabiMp3.com or other companies with which we
are affiliated. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE
SERVICES OR ANY OTHER PunjabiMp3.com PROPERTY EXCEPT AS WE INDICATE IN
THESE TERMS.
Conduct of Visitors
We believe that all visitors benefit from basic rules regarding conduct
while using the Services so that everyone feels free to share opinions
and ideas. The free flow of ideas is jeopardized when a few individuals
act irresponsibly. To help everyone have a positive experience, we
ask-and you agree-to follow the following basic rules of conduct when
using the PunjabiMp3.com Sites:
1. You will follow these Terms and all applicable laws;
2. You will never give your password to anyone (no PunjabiMp3.com
employee will ask for it) and you will not provide your billing or
credit information except to make a purchase;
3. You will not harass, threaten or abuse other people when using the
Site in any manner;
4. You will not interfere with others' use of the Site, including by
interrupting other users' sessions, scrolling down (automatically or
manually) to make it difficult for them, or otherwise act in a way that
negatively affects other users' enjoyment of the Services;
5. You will not post any content that is obscene or may be hateful or
offensive on racial, ethnic, sexual or any other grounds; is harmful,
vulgar or distasteful; or is defamatory, libelous, or invades another
person's privacy or proprietary rights;
6. You will not attempt to harvest any screen names of e-mail addresses
for any commercial use;
7. You will not collect or store personal information about any other
individual on the Site, or otherwise stalk, repeatedly contact or harass
another user;
8. You will not impersonate any other person or misrepresent a
relationship with any person or entity, including misrepresenting a
relationship with PunjabiMp3.com; similarly, you will not adopt a false
identity if the purpose of doing so is to deceive or defraud another;
9. You will not use the Services to harm minors in any way, or encourage
interactions with minors of a sexual nature;
10. You will not manipulate the Services so as to hide your identity or
participation in Services on the Site (by using another person's
identity, changing headers, or otherwise modifying any other possible
identifier);
11. You will not send any bulk unsolicited advertising, promotional
information, e-mail or other solicitation (including without limitation
junk mail, "spam," chain letters or pyramid schemes of any sort) to any
person through the use of the Services, except in areas that
specifically authorize you to do so (auction forums, for instances);
If you violate any of the guidelines set forth above, or any other
aspect of these Terms, we reserve the right to suspend or terminate your
rights to use the Services without giving you any notice.
Disclosure of Your
Identity
From time to time we receive requests to disclose the identities of our
users. We do not disclose the identities of ours users unless we are
legally required to do so.
If a governmental agency (for example, the Securities and Exchange
Commission, law enforcement agencies, US Attorneys' offices or similar
governmental agencies) sends us a subpoena, we will comply with it. If
we receive a subpoena by a third party that is not a governmental agency
(for example, a subpoena in connection with civil litigation), we will
contact the user whose identity has been requested. We will wait 10 days
after notifying the user before complying with the subpoena, unless the
subpoena requires us to disclose this information before then. If we can
not wait 10 days because of the deadline in the subpoena, we will let
the user know the deadline included in the subpoena when we provide
notice that we received it.
Disclaimer of
Warranties
SEARCH RESULTS: THE WEB CHANGES CONSTANTLY AND NO SEARCHING OR
INDEXING TECHNIQUES CAN POSSIBLY INCLUDE ALL PAGES ACCESSIBLE ON THE WEB
IN ITS INDEX OF SITES (THE "INDEX"). AS A RESULT, PunjabiMp3.com DOES
NOT AND CAN NOT GUARANTEE THAT YOUR SEARCH RESULTS WILL BE COMPLETE OR
ACCURATE OR THAT THE LINKS ASSOCIATED WITH THE INDEX WILL BE COMPLETE OR
ACCURATE OR ACTIVE AT THE TIME OF YOUR SEARCH. THE WEB SITES INCLUDED IN
THE INDEX ARE DEVELOPED BY PEOPLE WE DO NOT CONTROL. THE PROCESS OF
INCLUDING SITES IN THE INDEX IS LARGELY AUTOMATIC. PunjabiMp3.com CAN
NOT AND DOES NOT SCREEN THE SITES INCLUDED IN THE INDEX. FOR THESE
REASONS, WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF ANY SITE
INCLUDED IN THE INDEX, AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR
OMISSIONS CONTAINED IN THE SITE OR ANY PunjabiMp3.com SITE (OR ANY SITE
YOU MAY LINK TO FROM THE SITE OR ANY OF THE PunjabiMp3.com SITES), OR
ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE SITE
OR ANY PunjabiMp3.com SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE OR
THE PunjabiMp3.com SITES).
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD
FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER
SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU
UNDERSTAND THAT THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND
OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT)
INCLUDED IN OR ACCESSIBLE FROM THE SITE, AND THE PunjabiMp3.com SITES,
ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE
THAT PunjabiMp3.com MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT
PunjabiMp3.com DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE
OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR
UNAVAILABLE DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY
KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER
SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PunjabiMp3.com DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE
SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR
ACCESSIBLE FROM THE SITE AND THE PunjabiMp3.com WEB SITES.
PunjabiMp3.com EXPRESSLY DISCLAIMS ANY ENDORSEMENT. RECOMMENDATION,
GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR
ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION
ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR
SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
PunjabiMp3.com, ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS
AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR
ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF
USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH
YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO
THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR
NON-PERFORMANCE OF THE SITE, ANY PunjabiMp3.com SITE, THE SERVICES OR
THE INDEX, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS,
TYPOGRAPHICAL ERRORS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT
LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL
BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE
OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.
PunjabiMp3.com is not responsible for the accuracy of associated
companies' information including any changes in or discontinuance of
services and/or products, nor any intellectual property infringement
made by any party. PunjabiMp3.com is not responsible for changes in the
services and/or products offered by affiliated companies.
In no event shall PunjabiMp3.com's liability, either jointly or
severally, exceed $50.
Removal of Sites from
Index
We are sometimes asked to remove links from our search results pages. We
address these requests on a case-by-case basis and in general, follow
the guidelines below:
We identify, index and catalog Web sites automatically with software,
which means there is no advance review by human beings.
Given the enormous volume of information added to and changed on the Web
on a daily basis, we cannot operate in any other way. This means that we
do not screen information posted to the Site or on any PunjabiMp3.com
Site.
In general, we believe that people who make information available on the
Web expect that it will be available publicly and indexed for
distribution, much like PunjabiMp3.com indexes information to make it
available for its users.
If you want to restrict access to your site, please let us know. If you
do not let us know and take steps to prevent it, it is likely that our
software will find it and index it again. For more information on how to
request that your site not be indexed, please click here.
If an PunjabiMp3.com user comes across Web pages that contain private
personal, professional or financial information that is not available to
the public and/or may have been illegally obtained, he or she can
contact us to
request that the offending URL be removed from PunjabiMp3.com's index.
Please note that removing said URL from PunjabiMp3.com's index does not
remove the URL from the public Internet or the indexes of other search
engines.
Manipulation of Search
Results
We are committed to provide our users the most relevant search results
presented in the order of greatest relevance. We rank search results
automatically according to established ranking criteria (which may
change from time to time). We do not guarantee any ranking results for
any Web page. We also reserve the right in our sole discretion to adjust
the ranking of search results for any Web page and to remove listings of
Web pages if we believe people are abusing our Site. If you believe that
our search results have been manipulated, please
contact us.
Please include "Search Results Manipulation" in the subject line if
sending an e-mail. Please give us enough details to understand your
claim. We will evaluate your claims but we reserve the right to take
action or not.
Access Restrictions;
Termination
We can terminate your access to the Site, any PunjabiMp3.com Site or the
Services at any time, including email accounts you have created while on
the Site.
We can also change these Terms at any time, without notice, and your
continued use of the Services after any change we make will mean that
you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO
ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR
ANY PURPOSE.
Use of Our Logo and
Static Screen Shots for Noncommercial Purposes
You may use our screen shots and logo for noncommercial purposes. You
can find more information by clicking here. You may ask about using
static screen shots of our Site for commercial purposes by
contacting us.
Miscellaneous
This contract shall be governed by and construed in accordance with the
laws of the State of California without regard to conflict of laws
principles. These Terms as amended from time to time, set forth the
entire understanding between you and PunjabiMp3.com and supersede any
and all prior or contemporaneous agreements or understandings between
you and PunjabiMp3.com, whether oral or written, as to the subject
matter of these Terms. If any provision of these Terms or the
application thereof to any person or circumstances shall to any extent
be held to be invalid or unenforceable, the remainder of these Terms, or
the application of such provisions to persons or circumstances as to
which it is not held to be invalid or unenforceable, shall not be
affected thereby, and each provision shall be valid and be enforced to
the fullest extent permitted by law. Although you acknowledge that we
will have the ability to enforce our rights in any court of competent
jurisdiction, you hereby consent to the exclusive jurisdiction and venue
of courts in Santa Clara County, California, U.S.A., regarding any and
all disputes relating to these Terms, your use of the Site or any
PunjabiMp3.com Site, the Services. No waiver of these Terms will be
valid, except in the event that the waiver is in writing and signed by
an officer of PunjabiMp3.com. If the performance by PunjabiMp3.com of
the Terms or any obligation there under is prevented, restricted or
interfered with by any act or condition whatsoever beyond the reasonable
control of PunjabiMp3.com, you shall excuse, without further action or
notice, PunjabiMp3.com's performance to the extent of such prevention,
restriction or interference.
You can direct any questions concerning these Terms by
contacting us.
Last Updated: April 22, 2005
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