Welcome to the FlockPod.com website (the "Service"),
a unique way to interact online using social networking
in content. This Service is owned by Harbinger Knowledge
Products Private Limited ("FlockPod" or "us").
These Terms of Use ("Terms") apply to your
use of the Service. If you wish to use the Service,
even if you only browse the Service and do not register,
you must agree to these Terms. If you do not agree to
the Terms, any use of the Service by you is unauthorized
and you should stop accessing the Service immediately.
Your continued use of the Service will constitute assent
to these Terms. Registering as a FlockPod user will
confirm your assent.
When you become a registered user of FlockPod, you use
FlockPod in your webpages for interaction with other
group members, content visible only to you and other
FlockPod users. Creating and posting an occasional link
to a third-party site that charges a fee for access,
or otherwise is engaged in commercial activity, is not
a violation of this policy,
You agree not to make any use of the Service to post
or transmit any Content that: (1) is unlawful under
the laws, statutes, ordinances, or regulations ("Laws")
of any jurisdiction to which you or FlockPod are subject;
(2) promotes activity that is unlawful under the Laws
of any jurisdiction to which you or FlockPod are subject
(3) is harmful, threatening, advocating violence, harassing,
defamatory, invasive of the privacy of another, or obscene
(including without limitation any images or depictions
of child abuse, child pornography, or minors engaged
in sexual conduct or explicitly sexual situations, adult
pornography), all as determined by FlockPod in its discretion;
(4) includes insider information, or any other proprietary
or confidential information; (5) is an infringement
of any patent, trademark, trade secret, copyright, publicity
right or other intellectual property right; (6) is falsified,
deceptive or misleading, including without limitation
the use of forged headers or otherwise manipulated identifiers
in order to disguise the origin of the Content, or lacking
author attribution, copyright notice, or any other information
necessary to make the Content not misleading; (7) holds
FlockPod or any of its affiliates, employees or shareholders
up to public scorn or ridicule; (8) contains or transmits
any viruses, trojan horses, trap doors, back doors,
easter eggs, worms, time bombs, packet bombs, cancelbots
or other computer programs or routines that damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The foregoing list is not necessarily exhaustive of
types of Content we may deem inappropriate for the Service,
in our discretion.
You agree not to make use of the Service for any activity:
(1) that is unlawful (whether criminal or tortuous)
under the Laws of any jurisdiction to which you or FlockPod
are subject; (2) that constitutes competition with the
Service; (3) that involves gaining unpermitted access
to other computers or networks through hacking or other
means, or the unpermitted use of the username or password
of another user; (4) that automates your use of the
Service, including using scripts to add people to your
circle or to post or send comments; or (5) that interferes
with the operation of the Service or places an undue
burden on it.
You agree to be responsible for all Content posted to
the Service under your username or password. You represent
and warrant to FlockPod that you are either the owner
of any Content posted under your username and password
on the Service, or that you have all the rights necessary
to grant the license set out in Section 6 of these Terms.
You agree to pay any royalties or other sums owing to
any third party for Content posted by you or under your
password, and to indemnify and hold harmless FlockPod
from any claims, costs or liability incurred as a result
of your violation of these Terms.
You retain all ownership rights in any Content posted
or transmitted by you through the Service to which you
are entitled by law, and FlockPod does not claim any
ownership rights in any Content posted or transmitted
by you through the Service. However, when you post any
Content to the Service, you grant to FlockPod a non-exclusive,
fully paid, royalty-free license to use, distribute,
reproduce, modify, adapt, and display among your user
group or perform such Content on the Service. It is
necessary for you to grant this license in order for
FlockPod to operate the Service. You may terminate the
license to any particular Content by deleting it from
the Service.
FlockPod has no obligation to monitor user Content.
However, FlockPod has the right and ability to perform
such monitoring, and the right (but not the obligation)
to reject or remove any Content violative of these Terms.
Other than Content posted by users, all content of this
site or the Service is the property of FlockPod or its
content suppliers, and is protected by copyright laws
and international treaty provisions.. The compilation
of such content is also the exclusive property of FlockPod,
and is likewise protected by U.S. and international
copyright laws. The name "FlockPod" and the
FlockPod Logo are registered trademarks of Harbinger
Knowledge Products Private Limited or its affiliates
and may not be used in connection with the products
or services of others in any manner that is likely to
cause confusion. All other trademarks not owned by FlockPod
that appear on this site are the property of their respective
owners.
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU "AS
IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
FlockPod does not warrant that the Service will be available
at any given time, secure, accurate or free of error.
You use the Service at your own risk, and you assume
the risk that the Service may provide incorrect information
to you or your workers, as well as the risk that any
material downloaded by you from the Service may cause
loss of data or damage to your computer system. FlockPod
makes no warranty of any kind with respect to user-generated
Content, and specifically disclaims the implied warranties
of merchantability, fitness, accuracy and non-infringement
with respect to such Content. YOU UNDERSTAND AND AGREE
THAT IN NO EVENT WILL FLOCKPOD BE LIABLE TO YOU OR A
THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN
IF FLOCKPOD IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR
ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL
DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT,
NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY
OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR
USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION
SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL
OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing,
the potential liability of FlockPod to you for any cause
and under any legal theory will be limited to the amount
paid by you, if any, to FlockPod for your use of the
Service.
FlockPod reserves the right at any time and from time
to time to modify or discontinue the Service (or any
part thereof), temporarily or permanently, with a notice
for the paid services and / or without notice to you
for the free service. You agree that FlockPod will not
be liable to you for any modification, suspension or
discontinuance of the Service.
You agree that FlockPod, in its sole discretion, may
terminate your password, account (or any part thereof)
or use of the Service, and remove and discard any content
within the Service, for any reason, including, without
limitation, our belief that you have violated or acted
inconsistently with the letter or spirit of these Terms.
You agree that any termination of your access to the
Service under any provision of these Terms may occur
without prior notice to you, and you also agree that
FlockPod will not be liable to you for any termination
of your access to the Service.
You agree to indemnify, defend and hold harmless FlockPod
and its officers, directors, and employees from and
against all fines, suits, proceedings, claims, causes
of action, demands, or liabilities of any kind or of
any nature arising out of or in connection with your
use of the Service.
If you are a copyright owner and you believe your work
has been copied and used improperly on the FlockPod
Service, please contact our copyright compliance officer.
Please provide the following information: (1) physical
or electronic signature of a person authorized to act
on behalf of the copyright owner; (2) description of
the work you claim has been infringed and the location
of the alleged infringement on the FlockPod Service;
(3) your contact information including address, telephone
number and e-mail address; (4) a written statement that
you have a good faith belief the accused usage is infringing;
and (5) a statement by you under penalty of perjury
that the information in the notice is accurate and that
you are duly authorized to act on behalf of the copyright
owner. Contact our copyright compliance officer: Copyright
Compliance, c/o Harbinger Knowledge Products Private
Limited, India.
The invalidity of any term or provision of these Terms
will not affect the validity of any other provision.
Waiver by FlockPod of strict performances of any provision
of these Terms will not be a waiver of or prejudice
FlockPods right to require strict performance of the
same provision in the future or of any other provision
of these Terms.
This service shall be governed by and construed in accordance
with the substantive laws of India. All disputes arising
out of this service shall be subject to the exclusive
jurisdictions of state courts of Maharashtra, India.
FlockPod reserves the right to charge fees for future
use of or access to the service in FlockPods sole discretion.
If FlockPod decides to charge fees, such charges will
be disclosed to you prior.
These Terms constitute the entire agreement between
you and us as to their subject matter, and there are
no other terms, conditions, or obligations between the
parties relating to the use of the Service, other than
those contained in these Terms. No modification of these
Terms will be valid unless in writing and signed by
both parties.
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