PLEASE READ THE
FOLLOWING AGREEMENT CAREFULLY
BEFORE USING THIS SITE
YOUR USE OF
THIS SITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS
OF THE WEB SITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT
AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Web Site Use
Agreement
By accessing
this site (including extensions thereof) (the "Site") you
are entering into this Web Site Use Agreement ("Agreement")
with Dazzle Yellow Pages, and you agree to be bound by the
terms of this Agreement. This Agreement includes the terms
and conditions set forth herein, Our Privacy Policy (which
is available at
http://www.dazzleyellowpages.com/Privacy-Policy/ and
incorporated herein by reference) and any other terms
incorporated by reference herein.
If you do not
agree to the terms of this Agreement, you must immediately
stop use of this Site. If you remain on this Site, you agree
to be bound by this Agreement.
Copyright
Notice
Copyright
2006 Dazzle Yellow Pages. All rights reserved.
Designated
Agent for Digital Millennium Copyright Act Claims
Pursuant to Title II of the Digital Millennium Copyright
Act, all claims of copyright infringement for material that
is believed to be residing on our system or network, should
be promptly sent in the form of written notice to our
Designated Agent:
Dazzle
Yellow Pages
C/o Shyam InfoNet
Our address details
A-369, Near Laxmi Narayan Temple,
Vaishali Nagar, Jaipur - 302021
Rajasthan, India
Tel: + 91 (141) 2358331 - +91 931 487 8452
All claims
must include the following information:
-
A physical or electronic signature of
a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
-
Identification of the copyrighted
work claimed to have been infringed, or if multiple
copyrighted works at a single on-line site are covered
by a single notification, a representative list of such
works at that site;
-
Identification of the material that
is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the
material;
-
Information reasonably sufficient to
permit the service provider to contact the Complaining
Party, such as an address, telephone number, and if
available, an electronic mail address at which the
complaining party may be contacted;
-
A statement that the Complaining
Party has a good faith belief that use of the material
in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
-
A statement that the information in
the notification is accurate, and under penalty of
perjury, that the Complaining Party is authorized to act
on behalf of the owner of an exclusive right that is
allegedly infringed.
Use of
Information
Limited permission to copy all documents and related
graphics from this Site is granted subject to the following:
-
The materials provided herein are for
personal, non-commercial use only,
-
Any copies of documents contained on
this Site or portions thereof must include the above
copyright notice, and
-
You may not copy or print more than
one copy of material posted on this Site.
Documents
published by Dazzle Yellow Pages on this Site may contain
other proprietary notices or describe products, services,
processes or technologies owned by Dazzle Yellow Pages or
third parties. Except as expressly set forth herein, nothing
contained herein shall be construed as granting to the user
a license under any copyright, trademark, patent or other
intellectual property right of Dazzle Yellow Pages or any
third party. Except as expressly granted under this
Agreement, all rights are reserved by Dazzle Yellow Pages.
You may not
display this Site in frames or utilize any other techniques
to display this Site (or any content on this Site) without
the prior express written consent of Dazzle Yellow Pages.
You may not use any meta tags or any other "hidden text"
utilizing Dazzle Yellow Pages's name or trademarks without
the prior express written consent of Dazzle Yellow Pages.
You may not use Dazzle Yellow Pages's domain name as a
pseudonymous return e-mail address for any communications
that you transmit from another location or through another
service. You may not pretend to be someone else (or spoof
their identity) when using this Site.
Data
Mining Prohibited
You may not use bots or similar methods or tools to "data
mine" or otherwise gather or extract from this Site.
Trademarks
The Dazzle Yellow Pages name and logo, the
DazzleYellowPages.com marks, and all other related product
and service names, design marks and slogans are trademarks,
service marks or registered trademarks of Dazzle Yellow
Pages or its affiliates and may not be used in any manner
without the prior written consent of Dazzle Yellow Pages or
the Dazzle Yellow Pages affiliate that owns any such mark(s).
All other trademarks and service marks are trademarks of
their respective owners.
Consent to
Monitoring
Dazzle Yellow Pages is under no obligation to monitor the
information residing on or transmitted to this Site.
However, anyone accessing this site agrees that Dazzle
Yellow Pages may monitor the contents of the site
periodically to (1) comply with any applicable laws,
regulations or other governmental requests; (2) operate the
Site properly or to protect itself and its users. Dazzle
Yellow Pages reserves the right to modify, reject or
eliminate any information or other material residing on or
transmitted to this Site (or the server(s) that host this
Site) that it, in its sole discretion, believes is
unacceptable or in violation of the terms and conditions of
this Agreement. This Site and any Third Party Site (defined
below) may contain content provided by advertisers or other
third parties that may not be suitable for children. Dazzle
Yellow Pages asks parents or legal guardians to assist
Dazzle Yellow Pages by supervising the activities of
children at this Site. Dazzle Yellow Pages does not
knowingly collect personal information from children through
this Site.
Limitation
of Liability
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK
FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. Dazzle
Yellow Pages ASSUMES NO RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION
(OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED
ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED
FROM THIS SITE.
IN NO EVENT
SHALL Dazzle Yellow Pages OR ITS AFFILIATES BE LIABLE FOR
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF
USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH
(A) THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY
SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL,
APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED
THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE
(INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD
PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR
THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES
PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR
OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS
SITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING
TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON
BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM
OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER Dazzle
Yellow Pages HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
No
Warranties
Any material
on this Site may include technical or other inaccuracies or
typographical errors.
THIS WEB SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY
REPRESENTATIONS OR GUARANTEES.
Dazzle Yellow
Pages AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES,
REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
NO ADVICE OR
INFORMATION GIVEN BY Dazzle Yellow Pages, ITS AFFILIATES OR
THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER Dazzle
Yellow Pages NOR ITS AFFILIATES REPRESENTS, WARRANTS OR
GUARANTEES THAT THIS SITE OR THE INTERNET GENERALLY WILL BE
UNITERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER Dazzle
Yellow Pages NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR
PERFORMANCE OF THIS SITE OR ANY THIRD PARTY SITE, (2) THE
NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A
RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL,
APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED
THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE
(INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD
PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR
THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES
PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR
OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS
SITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT
OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND
OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION
SHALL GOVERN.
Disclaimer
of Endorsement / Linked Sites
Reference herein to any products, services, processes,
hypertext links to third parties or other information by
trade name, trademark, manufacturer, supplier or otherwise
does not constitute or imply its endorsement, sponsorship or
recommendation by Dazzle Yellow Pages. Product and service
information is the sole responsibility of each individual
vendor.
Some of the
sites to which you may link from this Site are not owned by
Dazzle Yellow Pages (collectively, "Third Party Sites").
Some Third Party Sites may contain the trademarks or
"branding" of Dazzle Yellow Pages. You can tell if you
have linked from one web site to another web site by looking
at the URL in the browser window. If the second level domain
of the URL for the page containing the link is different
than the second level domain of the URL for the page to
which you have linked, you have linked to a different web
site. For example, if you link from a page located at the
URL www.thirdleveldomain.DazzleYellowPages.com to a
page located at the URL
www.DazzleYellowPages.secondleveldomain.com, you have
linked to another site. Please note that any of Dazzle
Yellow Pages's trademarks or service marks (e.g.,
DazzleYellowPages, BigBook, etc) may be included in the URL
of a co-branded or private label web site that is owned and
operated by a third party, in a location other than that
occupied by the second level domain (e.g., as the third
level domain). Third Party Sites may include, without
limitation, sites on which you may bid for and/or purchase
products or services. Dazzle Yellow Pages makes no
representations whatsoever concerning (a) the information,
software or other material appearing on, or accessible
through, any Third Party Site (including without limitation,
any advertisement for products or services on any Third
Party Site), (b) the performance or operation of any Third
Party Site (including, without limitation, any transactions
initiated or conducted through any Third Party Site, any
taxes associated therewith and any use by third parties of
user credit card information), (c) any products or services
advertised or sold on or through any Third Party Site
(including, without limitation, the quality, safety and
legality of such products or services or the sale thereof),
or (d) the sellers of any products or services advertised or
sold on or through any Third Party Site. If you decide to
access any of the Third Party Sites linked to this Site, you
do so entirely at your own risk. If you are accessing a
Third Party Site through a link on this Site, you are
advised to read the terms of use and privacy policy of such
Third Party Site before you use such Third Party Site.
Security/No Disruption
You agree that you will comply with any security processes
and procedures (such as passwords) specified by Dazzle
Yellow Pages with respect to access to or use of the Site.
Further, you agree not to access or attempt to access any
areas of or through this Site which are not intended for
general public access, unless you have been provided with
explicit written authorization to do so by Dazzle Yellow
Pages. You agree that you will not disrupt the functioning
of this Site or otherwise act in a way that interferes with
other users' use of the Site.
Changes to
This Agreement
Dazzle Yellow Pages
reserves the right to change any of the terms of this Web
Site Use Agreement (including, without limitation, any
terms, policies or notices incorporated herein by reference)
without prior notice. You agree to visit this Site
periodically to be aware of and review any such changes.
Changes to this Agreement will be effective upon posting. By
continuing to use this Site after changes are posted, you
accept the changes and agree to them.
Access /
Failure to Comply
Dazzle Yellow Pages has the right to terminate, suspend or
restrict your access to this Site, unilaterally and without
notice, in the event you violate any of the terms of this
Agreement. In addition, if asked to do so, you agree that
you will not attempt to access this Site.
Dazzle Yellow
Pages also reserves any and all remedies at law or equity in
connection with violation of the terms of this Agreement
You agree, at
your own expense, to indemnify, defend and hold Dazzle
Yellow Pages (and its subsidiaries, officers, directors,
agents, employees and third parties providing content on
this Site) harmless from and against any claim or demand,
and all losses incurred, arising from or related to (a) any
violations of this Agreement (b) your use of (or conduct on)
any Third Party Site (including, without limitation, (i) any
information, software or other material viewed or accessed
by you on or through any Third Party Site (including without
limitation, any advertisement for products or services on
any Third Party Site), (ii) any transactions initiated or
conducted by you through any Third Party Site (including,
without limitation, any taxes associated therewith and any
use by third parties of your credit card information), (iii)
any products or services that you bid on, purchase or
otherwise obtain on or through any Third Party Site
(including, without limitation, the quality, safety and
legality of such products or services or the sale thereof),
or (iv) the conduct of sellers of any products or services
that you bid on, purchase or otherwise obtain on or through
any Third Party Site).
Information Provided by You
Should any user of this Site provide Dazzle Yellow Pages
with information, including but not limited to feedback,
data, questions, answers, comments, suggestions, plans,
ideas or the like, such information shall be deemed to be
non-confidential, and Dazzle Yellow Pages assumes no
obligation to protect such information from disclosure (or
any obligation of any kind with respect to such
information). The submission of such information to Dazzle
Yellow Pages shall in no way prevent the purchase,
manufacture or use of similar products, services, plans,
ideas and the like by Dazzle Yellow Pages for any purpose
whatever and shall be free to reproduce, use, disclose, and
distribute the information to others without restriction.
You agree and
understand that Dazzle Yellow Pages may, in its sole
discretion for any reason, and without any prior notice or
liability, delete any files that you may maintain at this
Site, and any information you may choose to post here. You
should keep a copy of any material that you maintain or post
at this Site because Dazzle Yellow Pages will not undertake
to retain copies of any material that Dazzle Yellow Pages or
others may delete from this Site.
Miscellaneous
You and
Dazzle Yellow Pages agree that the substantive laws of the
state of Texas, without reference to its principles of
conflicts of laws, will be applied to govern, construe and
enforce all of the rights and duties of the parties arising
from or relating in any way to the subject matter of this
Agreement. YOU AND Dazzle Yellow Pages CONSENT TO THE
EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT
LOCATED IN TARRANT COUNTY, TEXAS, FOR ANY SUITS OR CAUSES OF
ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE
SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEB SITE. Except
as otherwise required by law, any cause of action or claim
you may have with respect to this Web Site must be commenced
within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
If any
portion of this Agreement is ruled invalid or otherwise
unenforceable, it shall be deemed amended in order to
achieve as closely as possible the same effect as originally
drafted. Any invalid or unenforceable portion should be
construed as narrowly as possible in order to give effect to
as much of the Agreement as possible. No waiver of any
breach of any agreement or provision of this Agreement, nor
any failure to assert any right or privilege contained in
this Agreement, shall be deemed a waiver of any preceding or
succeeding breach of any agreement or provision.
You agree not to assign or otherwise transfer this Agreement
in whole or in part; any attempt to do so shall be void.
This
Agreement (including all policies, notices and other terms
incorporated into this Agreement by reference) constitutes
the entire agreement between you and Dazzle Yellow Pages
with respect to the subject matter hereto and supersedes any
and all prior or contemporaneous agreements whether written
or oral. This Agreement may be revised only: (a) by Dazzle
Yellow Pages as set forth in the Section of this Agreement
entitled "Changes and Other Terms", or (b) by written
agreement signed by Dazzle Yellow Pages's President,
Internet Division. Any terms varying from this Agreement in
any written, electronic or other communication from you are
void. |