Thank you for using Pakistanherald.com (the "Web Site") which is provided by Gibralter
Information Technologies, Inc. (the "Company").
This page states the terms and conditions (the "Terms"
or the "Agreement") under which you may use
the Web Site. Please read this page carefully. By accessing
the Web Site you accept and agree to be bound, without
limitation or qualification, by these Terms. If you do
not accept any of the Terms stated here, do not use the
Web Site. The Company may, in its sole discretion, modify
or revise these Terms at any time by updating this web
page. You are bound by any such modification or revision
and should therefore visit this page periodically to review
the Terms.
1. Use of Material.
The contents of this Web Site, including
but not limited to text, software, photographs, graphics,
illustrations, artwork, video, music, sound, names, logos,
trademarks, service marks and other material ("Material")
are protected by copyright and other laws in both the
United States and elsewhere. The Material includes both
content owned or controlled by the Company and content
owned or controlled by third parties and licensed to the
Company. The Company authorizes you to view and download
a single copy of the Material on the Web Site solely for
your personal, non-commercial use. You may not sell or
modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for
any public or commercial purpose without the written permission
of the Company. Special rules may apply to the use of
certain software and other items provided on the Web Site.
Any such special rules are listed as "Legal Notices"
on this Web Site and are incorporated into this Agreement
by reference. If you would like information about obtaining
the Company's permission to use any of the Material on
your Web site, e-mail permissions@pakistanherald.com or, if you would like to link your web site to the Web
Site, please visit http://www.pakistanherald.com/info/links.html.
If you violate any of these Terms, your permission to
use the Material automatically terminates and you must
immediately destroy any copies you have made of the Material.
Section
2. No Warranties.
THE WEB SITE AND MATERIAL ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMMPLIED. THE COMPANY AND
ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR
THIRD PARTY RIGHTS. THE COMPANY AND ITS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS. THE COMPANY DOES NOT WARRANT THAT
THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB
SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD
PARTIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE
FOR ANY SUCH THIRD PARTY MATERIAL.
3. Limitation of Liability /
Disclaimer of Damages.
Your use of the Web Site is at your own
risk. If you are dissatisfied with any of the Materials
or other contents of the Web Site or with these Terms
and Conditions, the Company's Privacy Policy, or other
policies, your sole remedy is to discontinue use of the
Web Site. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS
BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST
PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE
WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Communities.
The Web Site, among other things, contains
certain discussion forums, bulletin board services, chat
areas, articles,comments,Ratings, news groups (including,
without limitation, Usenet and other third party news
groups), communities and/or other message or communication
facilities (collectively, "Communities"). Much
of the content of the communities, including without limitation
the descriptions for many Communities and the content
within a specific message or posting, is provided by and
is the responsibility of the third party creator of the
Community or the person posting in that Community. The
Company has no responsibility for such content and is
merely providing access to such content as a service to
you. BY THEIR VERY NATURE, COMMUNITIES MAY CARRY OFFENSIVE,
HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL,
OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR
ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION
AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING
COMMUNITIES. Permitted Uses. You agree that you are responsible
for your own communications and for any consequences thereof.
You agree to use the Communities only to send and receive
messages and material that are legal, proper and related
to the particular Community. By way of example, and not
as a limitation, you agree that when using a Community,
you will not: * Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights
of privacy and publicity) of others. * Publish, post,
upload, distribute or disseminate or offer to do the same
(hereinafter "Post") any inappropriate, defamatory,
infringing, obscene, or unlawful material or information.
* Post any material that infringes any patent, trademark,
copyright, trade secret or other proprietary right of
any party (the "Rights"), unless you are the
owner of the Rights or have the permission of the owner
to post or transmit such material. * Post any files that
contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of
another's computer. * Advertise or offer to sell any goods
or services for any commercial purpose, other than in
Communities intended for such uses. * Conduct or forward
surveys, contests, pyramid schemes or chain letters, other
than in Communities intended for such uses. * Download
any file Posted by another user of a Forum that you know,
or reasonably should know, cannot be legally distributed
in such manner. * Impersonate another person or entity,
or falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels
of the origin or source of software or other material
contained in a file that is Posted. * Restrict or inhibit
any other user from using and enjoying the Communities.
No Obligation to Monitor. The Company does not control
the information delivered to the Communities, and the
Company has no obligation to monitor the Communities.
However, the Company reserves the right at all times to
disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information
or materials, in whole or in part, for any reason whatsoever,
in the Company's sole discretion. No Endorsement. The
Company does not endorse, support, represent or guaranty
the truthfulness, accuracy, or reliability of any communications
Posted in the Communities or endorse any opinions expressed
in the Communities. You acknowledge that any reliance
on material Posted in the Communities will be at your
own risk. Company's Rights. If notified by a User of communications
which allegedly do not conform to any term of this Agreement,
the Company may investigate the allegation and determine
in good faith and in its sole discretion whether to remove
or request the removal of the communication. The Company
will have no liability or responsibility for performance
or non-performance of such activities. The Company reserves
the right to terminate or restrict your access to any
or all of the Communities at any time without notice for
any reason whatsoever. You acknowledge that some Communities
available through the Web-Site are available only through
the Web Site and others are available both through the
Web Site and other sources, such as Usenet, over which
the Company has absolutely no control. Privacy. You acknowledge
that all Communities are public and not private communications,
and that therefore others may read your communications
without your knowledge. Always use caution when giving
out any personally identifying information about yourself
or your children in any Community. The Company does not
control or endorse the content, messages or information
found in any Community and, therefore, the Company specifically
disclaims any liability with regard to the Communities
and any actions resulting from your participation in any
Community. Generally, any communication which you post
to the Web Site (whether in chat rooms, discussion groups,
message boards, comments, articles or otherwise) is considered
to be non-confidential. If particular Web pages permit
the submission of communications that will be treated
by the Company as confidential, that fact will be stated
on those pages. For more information see the Company's
Privacy Policy. License Grant. By posting communications
on or through the Web Site, you automatically grant the
Company a royalty-free, perpetual, irrevocable, non-exclusive
license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone
or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicensees. The
foregoing grants shall include the right to exploit any
proprietary rights in such communication, including but
not limited to rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction.
5. Copyright Infringement and
Copyright Agent.
The Company may, in appropriate circumstances
and at its discretion, remove, or disable access to, material
on the Web Site that infringes on the rights of others.
If you believe that your work has been used on the Web
Site in a manner that constitutes copyright infringement,
please provide the Company's Copyright Agent with a written
notice (e-mail is sufficient) that includes the following
information: * an electronic or physical signature of
a person authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed; * identification
of the copyrighted work claimed to have been infringed;
* a description of where the material that you claim is
infringing is located on the Web 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, under penalty of perjury,
that the information in your notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf. By email: copyright@pakistanherald.com
6. Links to Other Sites.
The Web Site contains links to third
party web sites that are maintained by others. These links
are provided solely as a convenience to you and not as
an endorsement by the Company of the contents on such
third-party Web sites. The Company is not responsible
for the content of linked third-party sites and does not
make any representations regarding the content or accuracy
of materials on such third-party Web sites. If you decide
to access linked third-party Web sites, you do so at your
own risk.
7. Indemnity.
You agree to defend, indemnify, and hold
harmless the Company, its officers, directors, employees
and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material
(including Software) or your breach of the terms of this
Agreement. The Company shall provide notice to you promptly
of any such claim, suit, or proceeding and shall reasonably
assist you, at your expense, in defending any such claim,
suit or proceeding. Section
8. Export Control.
The United States controls the export
of products and information. You agree to comply with
such restrictions and not to export or re-export the Materials
(including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials
(including Software), you are agreeing that you are not
in a country where such export is prohibited and that
you are not on the U.S. Commerce Department's Table of
Denial Orders or the U.S Treasury Department's list of
Specially Designated Nationals. You are responsible for
compliance with the laws of your local jurisdiction regarding
the import, export, or re-export of the Product. Section
9. General.
The Company makes no claims that the
Materials are appropriate for any particular purpose or
audience, or that they may be downloaded outside of the
United States. Access to the Materials (including Software)
may not be legal by certain persons or in certain countries.
If you access the Web Site from outside of the United
States, you are responsible for compliance with the laws
of your jurisdiction. This Company is headquartered in
Houston, Texas. All legal issues arising from or related
to the use of the Web Site shall be construed in accordance
with and determined by the laws of the State of Texas.
By using this Web Site, you agree that the exclusive forum
for the bringing of any claims or causes of action arising
out of or relating to your use of this Web Site is the
United States District Court for the Harris County , Houston,
Texas. or if such court lacks subject matter jurisdiction,
the Supreme Court of the State of Texas, Harris County.
You hereby accept and submit to the jurisdiction of such
court in any such proceeding or action, and irrevocably
waive, to the fullest extent permitted by law, any objection
which you may now or hereafter have to the laying of the
venue of any such action or proceeding brought in such
a court and any claim that any such action or proceeding
brought in such a court has been brought in an inconvenient
forum. If any provision of this Agreement is found to
be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further
or continuing waiver of such term or any other term. Except
as expressly provided in a particular "Legal Notice"
for Software or material on particular web pages, this
Agreement constitutes the entire Agreement between you
and the Company with respect to the use of Web Site. Any
changes to this Agreement must be made in writing, signed
by an authorized representative of the Company.
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