
"AGREEMENT BETWEEN USER AND eTaleem
Mera Urdu Messenger is a Web service operated by eTaleem.
This is a legal agreement between you and eTaleem with respect
to the Mera Urdu Messenger. You must accept without modification
all of the terms, conditions, and notices contained in these Terms
of Use in order to access and/or use the Mera Urdu Messenger.
If you do not accept these Terms of Use in their entirety, you
may not access or use the Mera Urdu Messenger.
Portions of the Mera Urdu Messenger may be governed by posted
guidelines, rules, or other terms and conditions. All such guidelines,
rules, terms and conditions are hereby incorporated by reference
into these Terms of Use. In the event of a conflict between such
other guidelines, rules, terms and conditions and these Terms
of Use, the Terms of Use shall control, except that the Mera Urdu
Messenger Privacy Policy, referenced below, supersedes any conflicting
language in these Terms of Use and/or any other guidelines, rules,
terms and conditions published in connection with Mera Urdu Messenger
with respect to the subject matter covered by such privacy policy.
MODIFICATION OF THESE TERMS OF USE
eTaleem reserves the right to change the terms, conditions, and
notices under which the Mera Urdu Messenger is offered. You are
responsible for regularly reviewing these terms, conditions and
notices. Continued use of Mera Urdu Messenger after any such change
shall constitute your consent to such change. Unless explicitly
stated, any new changes or improvements to the Mera Urdu Messenger
shall be subject to the Terms of Use, as modified from time to
time.
CLIENT SOFTWARE USE LIMITATION
You may use only MUM client software with a single (unique) user
I.D.. You may not use any software or hardware that reduces the
number of users directly accessing or using the Mera Urdu Messenger
(sometimes called 'multiplexing' or 'pooling' software or hardware).
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services that are
part of the Mera Urdu Messenger except as expressly provided in
these Terms of Use.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Mera Urdu Messenger, you will not
use Mera Urdu Messenger for any purpose that is unlawful or prohibited
by these terms, conditions, or notices. You may not use the Mera
Urdu Messenger in any manner that could damage, disable, overburden,
or impair Mera Urdu Messenger or interfere with any other party's
use and enjoyment of it. You may not attempt to gain unauthorized
access to any account, computer systems or networks associated
with Mera Urdu Messenger. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available or provided for through Mera Urdu Messenger.
You agree to use Mera Urdu Messenger only to send, receive, and
transfer appropriate messages and material. By way of example,
and not as a limitation, you agree that when using Mera Urdu Messenger,
you will not:
- Use Mera Urdu Messenger in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of
others.
- Publish, transfer, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
- Transfer, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consents to do the same.
- Use any material or information, including images or photographs,
which is made available through the Mera Urdu Messenger in any
manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
- Transfer files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or services for
any business purpose.
- Download any file transferred by another user of Mera Urdu
Messenger that you know, or reasonably should know, cannot be
legally distributed in such manner.
- 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 transferred.
- Restrict or inhibit any other user from using and enjoying
Mera Urdu Messenger.
- Violate any code of conduct or other guidelines that may be
applicable to Mera Urdu Messenger.
- Harvest or otherwise collect information about others, including
e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of Mera
Urdu Messenger or other Mera Urdu Messenger user or usage information
or any portion thereof. eTaleem has no obligation to monitor Mera
Urdu Messenger. eTaleem reserves the right to terminate your access
to Mera Urdu Messenger at any time, without notice, for any reason
whatsoever and your money will not be refunded.
eTaleem reserves the right at all times to disclose any information
as eTaleem deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to transfer
or to remove any information or materials, in whole or in part,
in eTaleem's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in Mera Urdu Messenger.
eTaleem does not control or endorse the content, messages or information
exchanged by means of Mera Urdu Messenger and, therefore, eTaleem
specifically disclaims any liability with regard to Mera Urdu
Messenger and any actions resulting from your participation in
Mera Urdu Messenger.
You are responsible for all activities that occur in your Mera
Urdu Messenger account. You agree to notify eTaleem immediately
of any unauthorized use of your account. eTaleem is not responsible
for any loss that you may incur as a result of any unauthorized
person using your account.
PRIVACY
See the Mera Urdu Messenger Privacy Statement for disclosures
relating to the collection and use of your information.
INTERACTION WITH THIRD PARTY SITES AND SERVICES
Mera Urdu Messenger may allow you to interact with third-party
Web sites and Web services ('Link(s)'). The Links are not under
the control of eTaleem and eTaleem is not responsible for the
contents of any Links, including without limitation any link contained
in a Link, or any changes or updates to a Link. eTaleem is not
responsible for any form of transmission received from any Link,
nor is eTaleem responsible if the Link is not working appropriately.
eTaleem is providing these Links to you only as a convenience,
and the inclusion of any Link does not imply endorsement by eTaleem
of the Link or any association with its operators. You are responsible
for viewing and abiding by any privacy statements and terms of
use posted in connection with the Links.
You are solely responsible for any dealings with third parties
(including advertisers) who support Mera Urdu Messenger, including
the delivery of and payment for goods and services.
ETALEEM'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
By submitting any feedback or suggestions to eTaleem concerning
Mera Urdu Messenger, you warrant and represent that you own or
otherwise control the rights necessary to do so and you are granting
eTaleem and its affiliated companies permission to:
- Use, modify, copy, distribute, transmit, publicly display,
publicly perform, reproduce, publish, sublicense, create derivative
works from, transfer, or sell any such feedback or suggestions;
and
- Sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to the feedback
or suggestions.
The foregoing grants shall include the right to exploit any proprietary
rights in such feedback or suggestions, including but not limited
to rights under copyright, trademark, service mark or patent laws
under any relevant jurisdiction. No compensation will be paid
with respect to eTaleem's use of the materials contained within
such feedback or suggestions. eTaleem is under no obligation to
post or use any materials you may provide and may remove such
materials at any time in eTaleem's sole discretion.
This section is inapplicable to any personally identifiable information
that you provide in connection with your registration for Mera
Urdu Messenger. For terms and conditions governing use of such
information, please refer to the Mera Urdu Messenger Privacy Statement.
SOFTWARE AND CONTENT AVAILABLE ON THE Mera Urdu
Messenger
All eTaleem content and software (if any) that is made available
to view and/or download in connection with Mera Urdu Messenger
('Software') is owned by and is the copyrighted work of eTaleem
and/or its suppliers. Your use of the Software is governed by
the terms of the license agreement, if any, which accompanies
or is included with the Software ('License Agreement'). You may
not install or use any Software that is accompanied by or includes
a License Agreement unless you first agree to the License Agreement
terms. For any Software not accompanied by a license agreement,
eTaleem hereby grants to you, the user, a personal, nontransferable
license to use the Software for viewing and otherwise using Mera
Urdu Messenger in accordance with these Terms of Use, and for
no other purpose provided that you keep intact all copyright and
other proprietary notices. All Software is owned by eTaleem and/or
its suppliers and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software
is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export
control laws and regulations of Pakistan. You agree not to export
or re-export the Software, directly or indirectly, to any countries
that are subject to Pakistan export restrictions.
LIABILITY DISCLAIMER
eTaleem AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE Mera
Urdu Messenger FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT
WARRANTY OF ANY KIND. eTaleem AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL eTaleem AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Mera Urdu
Messenger, WITH THE DELAY OR INABILITY TO USE THE Mera Urdu Messenger,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE Mera Urdu
Messenger, OR OTHERWISE ARISING OUT OF THE USE OF THE Mera Urdu
Messenger, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF eTaleem OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Mera Urdu Messenger,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Mera Urdu Messenger.
CUSTOMER SUPPORT
eTaleem provides information about how to use the Mera Urdu
Messenger as part of Mera Urdu Messenger.
TERMINATION/ACCESS RESTRICTION
eTaleem reserves the right, in its sole discretion, to terminate
your access to and use of the Mera Urdu Messenger or any portion
thereof at any time, without notice.
This Agreement is governed by the laws of Pakistan. You hereby
irrevocably consent to the exclusive jurisdiction and venue of
courts in Pakistan in all disputes arising out of or relating
to the use of the Mera Urdu Messenger. You agree that no joint
venture, partnership, employment, or agency relationship exists
between you and eTaleem as a result of this agreement or use of
the Mera Urdu Messenger. eTaleem may assign this agreement, in
whole or in part, at any time. eTaleem's performance of this agreement
is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of eTaleem's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Mera Urdu Messenger or information
provided to or gathered by eTaleem with respect to such use. You
agree to indemnify and hold eTaleem, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim, demand,
or damage, including reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on
the Mera Urdu Messenger. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. This agreement, including
the documents expressly incorporated by reference above, constitute
the entire agreement between the user and eTaleem with respect
to the Mera Urdu Messenger and such agreements supersede all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and eTaleem with respect to
the Mera Urdu Messenger. A printed version of this agreement and
of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
GENERAL
eTaleem may also terminate or suspend your access to the Mera
Urdu Messenger for inactivity, which is defined as failing to
log onto the Mera Urdu Messenger for an extended period of time,
as determined by eTaleem.
INTELLECTUAL PROPERTY NOTICES
eTaleem and Mera Urdu Messenger are registered trademarks of eTaleem.
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should
be inferred.
eTaleem may have patents, patent applications, trademarks, copyrights,
or other intellectual property rights covering subject matter
in any Web pages that are part of the Mera Urdu Messenger. Except
as expressly provided in these Terms of Use, the furnishing of
such Web pages to you does not give you any license to these patents,
trademarks, copyrights, or other intellectual property. Any rights
not expressly granted herein are reserved.
FOR INFORMATION REGARDING THE Mera Urdu
Messenger PRIVACY STATEMENT
Revised July 15, 2002
© 2003 eTaleem. All
rights reserved.
Microsoft, MSN, and the MSN logo are registered trademarks of
Microsoft Corporation.