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1. ACCEPTANCE OF TERMS
Welcome
to ARSHI!. ARSHI provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. In addition, when using particular ARSHI
services, you and ARSHI 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 TOS. If you are a homesteader on ARSHI's
Computer
Service, please note that ARSHI provides a different Terms
of Service for you. ARSHI also may offer other services from time
to time, such as ARSHI! Store and ARSHI! Site that are governed by different
Terms of Services. These TOS do not apply to the ARSHI COMPUTER Service,
ARSHI! Store or ARSHI! Site or such other services.
2. DESCRIPTION OF SERVICE ARSHI
Currently provides users with access
to a rich collection of resources, including, various communications
tools, forums, shopping services, personalized content and branded
programming through its network of properties (the "Service"). You
also understand and agree that the Service may include advertisements
and that these advertisements are necessary for ARSHI to provide the
Service. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new ARSHI properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that ARSHI assumes
no responsibility for the timeliness, deletion, miss-delivery or
failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
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 ARSHI has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, ARSHI
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).
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. ARSHI PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.arshi.com.pk/privacy
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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 ARSHI 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. ARSHI
cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 5.
6. 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 Pakistan
or the country in which you reside.
7. TERMINATION
You agree that ARSHI, 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 ARSHI believes that you have
violated or acted inconsistently with the letter or spirit of the
TOS. ARSHI 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 TOS may be effected without prior notice, and
acknowledge and agree that ARSHI 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 ARSHI 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 ARSHI 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 ARSHI has no control over
such sites and resources, you acknowledge and agree that ARSHI 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 ARSHI 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. ARSHI'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 ARSHI 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.
ARSHI 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 ARSHI for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a. |
YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. ARSHI 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. |
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b. |
ARSHI 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. |
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c. |
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. |
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d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ARSHI 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 ARSHI 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 ARSHI 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. ARSHI and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted or made available 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 TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. COPYRIGHTS and COPYRIGHT AGENTS
ARSHI 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, or your intellectual
property rights have been otherwise violated, please provide ARSHI's
Copyright Agent the following information:
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an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
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a description of the copyrighted work or other
intellectual property that you claim has been infringed;
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a description of where the material that you
claim is infringing is located on the site;
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your address, telephone number, and email address;
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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;
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a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf.
ARSHI's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows: By
mail:
Wajih Law Associaties
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and ARSHI and govern
your use of the Service, superceding any prior agreements between
you and ARSHI. 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 TOS and the relationship between you
and ARSHI shall be governed by the laws of the Govt. of Pakistan without
regard to its conflict of law provisions. You and ARSHI agree to submit
to the personal and exclusive jurisdiction of the courts located within
the county of Karachi. The failure of ARSHI to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS 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 TOS 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 TOS
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to ARSHI COMPUTER.
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