Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING OUR WEBSITE.
By using our website you are agreeing to be bound by these terms. If you don't wish to be bound by what you read below, you shouldn't use www.indianrealestateforum.com (IREF). The Terms and Conditions of Use apply to unregistered users, registered users, and all other users accessing any type of content on IREF. Certain additional terms apply to registered members of IREF and are identified in the Terms and Conditions of Membership below.
We reserve the right to modify these Terms of Service from time to time without notice. You are responsible for checking periodically for changes, and your continued use of IREF indicates your acceptance of any changes specified in the Terms and Conditions of Use.
1) Service Changes and Discontinuation. IREF reserves the right to change or to discontinue temporarily or permanently the services at any time without notice. You agree that IREF will not be liable to you or any third party for any modification or discontinuance of the services.
2) Service Limitations. We cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that IREF, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither IREF nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings.
4) DMCA Enforcement: IREF endeavors to comply with the Digital Millennium Copyright Act (hereinafter "DMCA") and other applicable intellectual property laws. IREF will respond to notices of alleged infringement that comply with the DMCA and remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users. IREF will also terminate the accounts of repeat offenders. If IREF removes or disables access to comply with the DMCA, IREF will make a good-faith attempt to contact the owner, author, or administrator of each affected posts so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. For more information about our DMCA policy and how to file a DMCA takedown notice, please see our Copyright Infringement Policy.
5) No Endorsement of User Content. Our Users are solely responsible for all posted content that is uploaded, posted, emailed, transmitted or otherwise made available on IREF (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the forum; personal User information; board posts; reader reviews; blogs, ratings, data, notes and testimonials; images; audio or video files; and podcasts. User acknowledges and agree that IREF does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, hateful, vulgar, obscene, and/or disruptive, or may infringe upon, misappropriate, or otherwise violate the intellectual property or other rights of another. User acknowledges that IREF does not pre-screen User Content, and has no obligation to do so, but that IREF and its staff will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on the Websites. If you find any Posts in these forums to be offensive or threatening, please contact admin (at) indianrealestateforum.com with the address of the Post. If we determine that removal of a Post or Posts is necessary, we will make reasonable efforts to do so in a timely manner. IREF will make every effort to provide a free and open discussion environment within the boundaries of the Terms and Conditions of Use and the Terms and Conditions Membership that does not contain offensive or threatening messages, but cannot guarantee that all such messages will be found and removed within any specific time frame.
6) Third Party Sites: IREF may provide Users with opportunities or links to use certain sites, services, products, applications or content offered by or through IREF's third-party providers, including but not limited to advertisers, and content and e-commerce providers (collectively, "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. IREF does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. IREF does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Websites. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
7) Use Of Content; Copyright. All of the content on IREF is owned by IREF and is protected by Australian and International copyright laws. The content on our site includes any information or other material found on www.indianrealestateforum.com (iref.in), including forums, articles, databases, graphics, software and all other features of our site. You are allowed to use our content for personal, non-commercial use only. You may make one copy of extracts from this site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
8) DISCLAIMER. You expressly understand and agree that:
YOUR USE OF WWW.INDIANREALESTATEFORUM.COM (WWW.IREF.IN) IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IREF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "IREF PARTIES") EXPRESSLY DISCLAIM 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.
THE IREF PARTIES MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREFMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, OR (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND 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 ANY IREF PARTY, OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE OR (FOR MEMBERS) THE ADDITIONAL TERMS AND CONDITIONS OF MEMBERSHIP.
YOU AGREE THAT THE IREF PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIREFCT, INDIREFCT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INIREFGIBLE LOSSES (EVEN IF THE IREF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITE; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
9) INDEMNIFICATION: You agree to protect and fully compensate the IREF Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the website, or violation of the Terms and Conditions of Use (or for members, the Additional Terms and Conditions of Membership) by you or any other user of your account (whether or not authorized), and you agree to indemnify and hold the IREF Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website, your connection to the website, your violation of these terms and conditions, or your violation of the rights of another.
10) General Liability Notice: The open and real-time nature of the discussion forums makes it impossible for IREF to vouch for the validity or honesty of posts from individual members. IREF is not responsible for any messages posted, nor the consequences of reading them. The views expressed in the messages within the forums are those of the authors, who accept total responsibility for the content of their posts.
12) IREF Proprietary Rights: You acknowledge and agree that the website and any necessary software used in connection with the website contain proprietary and confidential information of IREF and third parties that is protected by applicable intellectual property and other laws. You further acknowledge and agree that advertisements or information presented to you through the website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by these Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, publicly display, or create derivative works based on the material on the website, in whole or in part.
13) Choice of Law: These Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership) shall be deemed to have been entered into in the State of New South Wales, Australia. The rights of you and IREF hereunder shall be governed by, and construed in accordance with, the laws of the State of New South Wales, Australia without regard to conflicts of laws principles. Each party to this Agreement irrevocably (a) submits to the exclusive jurisdiction of any state or federal court located in New South Wales, Australia in litigating any action or proceeding arising out of or relating to this Terms and Conditions of Use (and for members, the Additional Terms and Conditions of Membership), and (b) agrees that any such action or proceeding may be litigated only in such courts.
By becoming a member of IREF, you agree to the following additional terms and conditions:
14) Your membership on IREF indicates your acceptance of the above Terms and Conditions for Use as well as the following Additional Terms and Conditions of Membership. These terms and conditions are subject to change without warning, so please review them regularly.
15) Forum posts, private messages, blog entries, videos, images, and other supported content that violate these terms and conditions are subject to action that may include, but is not limited to, edits, removal, or account termination of the poster.
16) Posting: You will not post any material that is knowingly false, misleading, or inaccurate. You will not solicit personal information from any member. You will not use information gathered from this website to harass, abuse or harm other people.
17) Offensive Content: You will not submit forum posts, private messages, blog entries, videos, images, and other supported content, links to images or use avatars and/or signatures that are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, hateful, vulgar, obscene, and/or disruptive. You will not use text, images, avatars or link to images or domains that contain gore, mutilation, pornography or illegal content. Doing so will result in removal of your post(s) and immediate termination of your account.
18) Intellectual Property: You will not post any copyrighted material owned by others, material belonging to another person, material previously posted by you on another website, or link to any copyrighted material without providing proper attribution*, as defined by IREF, to its original source. You will not post any material that infringes, misappropriates, or violates any patent, trademark, trade secret, or other proprietary rights of IREF or any third party. You will not use your Postings on IREF to promote your own personal website or any other website with which you may be associated without first receiving permission from IREF.
(* Proper Attribution for the posting of copyrighted material owned by others is defined as posting a relevant snippet of the online content not to exceed 10% of the entire piece, a properly formed link back to the source website, and a clear indication of the name of the source website. The posting to these websites of any copyrighted material owned by others that is not found elsewhere online is prohibited.)
i) You will not use your membership for any type of recruitment to any causes whatsoever. You will not post, or use the private message system to disseminate advertisements, chain letters, petitions, pyramid schemes, or any kind of solicitation for political action, social action, letter campaigns, or related online and/or offline coordinated actions of any kind.
ii) You will not post or use the private message system to collect or ask for the personal information (data mining) about forum members, including email addresses and "real life" names, in any manner whatsoever, or for any reason whatsoever.
iii) You will not post or use the private message system to solicit members of the Websites on behalf of another message board, online community or competitor. You will not attempt to use your membership to encourage or lure other members in any way to other websites or discussion boards in competition with IREF. Doing so will result in removal of your Post(s) and immediate termination of your account.
20) Political Baiting: You will not engage in politically-charged rhetoric, politically-inspired name-calling, and related right-versus-left political bickering while Posting in any topical forum or discussion thread on IREF.
21) Spamming: You will not post identical content, or snippets of identical content, to multiple threads in the discussion forums. You will also not create more than one thread for your topic, or create multiple "slightly different" threads for a single topic.
22) Language: The dominant language of our users and moderation staff is English. In order to promote a smooth-running environment and fair enforcement of the Terms and Conditions of Use (and the Terms and Conditions of Membership), you agree not to post in any language other than English.
23) URL Links: You will not place a link on any of the Websites that initiates an automatic download or execution of a file of any sort.
24) Video links/embeds: You will not embed or Post a link to a video without a reasonable description of its content and why it interests you, is germane to the topics discussed on the Websites or the topic of an existing thread should you post it in a reply to an existing thread.
25) Termination: In the event your account or access privileges are terminated for any reason, your information and posts will not be removed unless there is a violation of the Terms and Conditions of Use and the Terms and Conditions of Membership. Requests for voluntary "account deletion" and removal of your content will not be honored without a reasonable reason, provided in writing, to IREF.
26) Behaviour: You will not behave in an abusive, libelous, defamatory, hateful, intolerant, bigoted and/or racist manner, and will not harass, threaten, nor attack anyone.
27) Identity Spoofing: You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting. Doing so will result in removal of your post(s) and immediate termination of your account.
28) Multiple Accounts: You will not create multiple user accounts and "talk to yourself."
29) Forum Gangs: You will not engaged in an organized collaboration with other members to disrupt thread topics or interrupt the flow of normal collaborative discussion. Doing so will result in removal of your post(s) and immediate termination of your account.
30) Private Messages: You will not use the private messaging system to send mass messages to multiple member accounts. All private messages are subject to the Terms and Conditions of Use and the Terms and Conditions of Membership. Violations will result in immediate account termination. You also agree that private messages are confidential. You will not post or public ally display messages received from IREF, their agents, or any other members, in any way, without the written permission of the author. IREF, at their discretion, may review the content of your private messages when, and only when, complaints are received from the recipient(s) of your messages.
31) Board Wars: You will not use these boards to organize "attacks" on other boards, blogs, or discussion groups, and similarly, you will not organize such attacks against this board.
32) Rights In Posted Materials: By posting on the IREF message board, you relinquish all exclusive copyrights to any materials you post and furthermore, you grant IREF non-exclusive, non-revocable worldwide, royalty-free rights to copy, distribute, display, reproduce, modify, adapt, create derivative works, and publicly perform the materials in perpetuity in all forms. This license applies to all works of authorship including, but not limited to, written materials (e.g., text), audio, audio-visual materials, graphics, and images (including, but not limited to, graphics and images used as avatars). You also grant all third parties the right to copy, distribute, display, reproduce, and publicly perform the materials you post under the terms of the Creative Commons License. IREF has the authority to decide to display your postings or not, and you grant IREF the right to modify your posts, remove offensive material, modify your post title to accurately reflect content, remove vulgar comments, remove insults, or delete any other content deemed inappropriate, all at our discretion.
33) DMCA Enforcement: By posting on www.indianrealestateforum.com (www.iref.in) domains, you grant IREF the right to seek enforcement and legal remedy for any and all discovered usage violations falling under the DMCA (Digital Millennium Copyright Act) and the Creative Commons License. Remedy in such cases, will place a priority on proper attribution of you as the author and a link-back to your post (or posts), rather than removal. For more information about our DMCA policy and how to file a DMCA takedown notice, please see our DMCA Policy Page.
34) Advertising: You will not advertise or promote other discussion boards, chat systems, online communities or other websites on IREF within posts, private messages, avatars and/or signatures without prior written permission from IREF. You will not choose a username that is the same as a website domain, subdomain, or URL for which you are associated.
35) Ad Blockers: As IREF is provided as a free service, in part through the income of our advertising, you agree not to use "ad-blocking" software or similar built-in web browser options designed to obfuscate or block online advertising while using the website.
36) Personal Responsibilities/Indemnity: At all times, you agree to remain solely responsible for anything found within your posts, images, and videos and agree to indemnify and hold the IREF parties harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material you submit, post to or transmit through the website, your use of the website, your connection to the website, your violation of these Terms and Conditions of Membership (or the Terms and Conditions of Use), or your violation of the rights of another.
37) Unauthorized Access: You will not attempt to access any protected sections of the website, or make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the forum software or to obtain information beyond the allowed features of your account status. Doing so will result in immediate termination of your account.
38) Disclaimer: IREF does not and cannot review all of the content of every message Posted and does not accept responsibility for the contents of any messages. We reserve the right to delete any message and/or restrict Posting rights on the message board for any reason whatsoever. Should you continue to post messages that violate these Terms and Conditions of Membership, your account may be terminated, your ability to access to the website may be restricted or blocked, and your service provider(s) may be contacted about your behaviour. Furthermore, IREF expressly reserves the rights under the law to take any other actions deemed necessary.
39 a) Disclosure: IREF also reserves the right to disclose any known personal information when required by law or in the good-faith belief that such action is necessary to conform to the law or comply with a legal process served on IREF, protect and defend the rights or property of the IREF domains, or visitors to these domains, identify persons who may be violating the law, the legal notice, or the rights of third parties, and cooperate with the investigations of purported unlawful activities.
39 b) Editorial Neutrality: IREF provides a forum for the open discussion of real estate subjects, but does not influence editorial control over any particular theory, opinion, ideology, political doctrine, viewpoint or position on any topic in so far as those topics adhere to the rules set forth in these Terms and Conditions of Use and the Terms and Conditions of Membership. Furthermore, though operating costs are supported by advertising and promotional revenue, IREF do not officially endorse or promote any commercial product or service.
39 c) No Guarantee: IREF makes no claim or warranty, implied or otherwise, that guarantees the available of the free services offered under its domains; including, but not limited to, games, contests, special events/content, chat, and discussion threads.
40) Violation: Violation of any aspect of these Terms and Conditions of Use and the Terms and Conditions of Membership are subject to our Actions for general abuse and violations, or in extreme cases, immediate banning of your username/IP from the domains and/or the removal of your email/password from the database. You agree that, all disputes, of any type, regarding any transgression or disagreement with the policies of IREF, or the decisions of one of IREF or administrative staff are final.
41) Right of Community Management.This is a privately owned discussion board community. IREF reserves the right to take action against any member, or member posting for any reason we see fit. This action may include removal of your Posting and/or complete banning of your username and IP address. IREF reserves the right to eliminate or edit any content deemed inappropriate for our discussion forum. IREF reserves the right to establish limits on topics that may be discussed if, in their opinion, the discussion of those topics attract an audience that is counterproductive to maintaining the ideals set forth in the Terms and Conditions of Use and the Terms and Conditions of Membership.
How To Contact Us: Should you have other questions or concerns about these legal policies, please send us an email on admin (a) indianrealestateforum.com