| 1.
ACCEPTANCE OF TERMS
Welcome to GetPakistan.com (GPCOM).
GPCOM provides its service to you, subject to the following Terms of Use
("TOU"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOU at any
time at the Terms of Use link provided at
the bottom of each page. In addition, when using particular GPCOM
services, you and GPCOM 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 TOU. This TOU is for GPCOM internet site only . GPCOM also may offer
other services from time to time, such as GPCOM Store.
2. DESCRIPTION
OF SERVICE
GPCOM currently provides users with
access to a rich collection of on-line resources, including, various
communications tools, online forums, shopping services, personalized
content and branded programming through its GPCOM internet site (the
"Service"). Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the
release of new GPCOM properties, shall be subject to the TOU. You
understand and agree that the Service is provided "AS-IS" and
that GPCOM assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
Please be aware that GPCOM may have certain areas on the Service that is
not suitable for users under the age of 18 years. You must be at least
18 years of age to access and view such areas. GPCOM reserves the right
to deny access to these areas until establishing the identity of the
user.
3. YOUR
REGISTRATION OBLIGATIONS
In consideration of your use of the
Service, you 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 GPCOM has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, GPCOM 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). GPCOM is concerned about the safety and privacy of
all its users, particularly children. When you create a GPCOM Account
and add your child to the account, you certify that you are at least 18
years old and that you are the legal guardian of the child/children
listed on the GPCOM Account. By adding a child to your GPCOM Account,
you also give your child permission to access all of the Services
including, email, message boards, clubs, instant messages and chat
(among others). Please remember that the Service is designed to appeal
to a broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services and/or Content
(as defined in Section 6 below) are appropriate for your child.
4. GPCOM
PRIVACY POLICY
Registration Data and certain other
information about you is subject to our Privacy Policy. For more
information, please see our full Privacy Policy
link provided at the bottom of each page.
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 GPCOM 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. GPCOM 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
GPCOM, are
- upload, post, email or otherwise
transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, 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 GPCOM 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 or otherwise
transmit any Content that you do not have a right to transmit 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 or otherwise
transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email or otherwise
transmit 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 or otherwise
transmit 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
exchanges;
- 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,
including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and
any regulations having the force of law;
- "stalk" or otherwise
harass another; or
- collect or store personal data about
other users.
You acknowledge that GPCOM does not
pre-screen Content, but that GPCOM and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or
move any Content that is available via the Service. Without limiting the
foregoing, GPCOM and its designees shall have the right to remove any
Content that violates the TOU 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 GPCOM or submitted to GPCOM,
including without limitation information in GPCOM Message Boards, GPCOM
Clubs, and in all other parts of the Service.
You acknowledge and agree that GPCOM
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOU; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or
personal safety of GPCOM, 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.
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. PUBLIC
CONTENT POSTED TO GPCOM
(a) For purposes of the TOU,
"publicly accessible areas of the Service" are those
accessible by the general public. By way of example, a publicly
accessible area of the Service would include public GPCOM Clubs and
GPCOM Message Boards, but would not include private GPCOM Clubs or
private GPCOM communication services such as GPCOM Mail or GPCOM
Messenger.
(b) With respect to Content you elect
to post for inclusion in publicly accessible areas of GPCOM Clubs or
that consists of photos or other graphics you elect to post to any other
publicly accessible area of the Service, you grant GPCOM the world-wide,
royalty free and non-exclusive license to reproduce, modify, adapt and
publish such Content on the Service solely for the purpose of
displaying, distributing and promoting the specific GPCOM Club to which
such Content was submitted, or, in the case of photos or graphics,
solely for the purpose for which such photo or graphic was submitted to
the Service. This license exists only for as long as you elect to
continue to include such Content on the Service and shall be terminated
at the time you delete such Content from the Service.
(c) With respect to all other Content
you elect to post to other publicly accessible areas of the Service, you
grant GPCOM the royalty-free, perpetual, irrevocable, non-exclusive and
fully sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed.
9. INDEMNITY
You agree to indemnify and hold GPCOM,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service, your
use of the Service, your connection to the Service, your violation of
the TOU, or your violation of any rights of another.
10. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
11. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge that GPCOM 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 GPCOM 's
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 GPCOM 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 GPCOM reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that GPCOM reserves
the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
12.
MODIFICATIONS TO SERVICE
GPCOM 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 GPCOM 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 GPCOM, 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, for lack of use
or if GPCOM believes that you have violated or acted inconsistently with
the letter or spirit of the TOU. GPCOM may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to
the Service under any provision of this TOU may be effected without
prior notice, and acknowledge and agree that GPCOM may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the
Service. Further, you agree that GPCOM shall not be liable to you or any
third-party for any termination of your 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 GPCOM 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 GPCOM has no control over such sites and resources, you
acknowledge and agree that GPCOM 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 GPCOM 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. GPCOM '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 GPCOM 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.
GPCOM 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 GPCOM
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. GPCOM 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.
- GPCOM 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 GPCOM OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
GPCOM SHALL NOT BE LIABLE 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 GPCOM 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.
GPCOM shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the Service, and shall
not be responsible or liable for any trading or investment decisions
made based on such information.
21. NOTICE
Notices to you may be made via either
email or regular mail. The Service may also provide notices of changes
to the TOU or other matters by displaying notices or links to notices to
you generally on the Service.
22. TRADEMARK
INFORMATION
Without GPCOM's prior permission, you
agree not to display or use in any manner, the GPCOM Marks.
23. COPYRIGHTS
and COPYRIGHT AGENTS
GPCOM respects the intellectual
property of others, and we ask our users to do the same. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide GPCOM '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 interest;
- a description of the copyrighted
work 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 owner or authorized to act
on the copyright owner's behalf.
GPCOM 's Copyright Agent for Notice of
claims of copyright infringement on its site can be reached by email to compliance@getpakistan.com
24. GENERAL
INFORMATION
The TOU constitute the entire agreement
between you and GPCOM and govern your use of the Service, superceding
any prior agreements between you and GPCOM. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOU and the
relationship between you and GPCOM shall be governed by the laws of the
State of Texas without regard to its conflict of law provisions. You and
GPCOM agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Harris, Texas. The failure of GPCOM
to exercise or enforce any right or provision of the TOU shall not
constitute a waiver of such right or provision. If any provision of the
TOU 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 TOU remain in full force and effect. 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 TOU must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOU are for
convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOU
to our webmaster@getpakistan.com |