Terms of Use

This JOPASU’s Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of you (“you” and/or “user(s)”) and Jopasu System Pvt. Ltd. (“JOPASU”), concerning your access to and use of the JOPASU’s website located at URL: www.jopasu.com (“Website”). The Website allows you to: (a) become a registered user and use certain interactive features that JOPASU may make available from time to time; or (b) simply view the Website (collectively, the “JOPASU Website Services”).

In order to become a registered user, you must first register with JOPASU through JOPASU’s online registration process. Regardless of how you decide to use the Website, your conduct on the Website is governed by this Agreement. The JOPASU Website Services are hosted in India.

 

1. Eligibility

By using the JOPASU Website Services, you represent and warrant that:

i) all information you submit is truthful and accurate;

ii) you will maintain the accuracy of your contact information;

iii) you are 13 years of age or older; and

iv) your use of the Website does not violate any applicable law or regulation.

JOPASU may terminate this Agreement and your use of the Website if JOPASU believes, in its sole discretion, that you are under 13 years of age.

 

2. User Representations and Warranties

You are entirely responsible for the content of, and any harm resulting from, any materials you post, submit or upload to the Website (collectively, “Contribution”). When you create a Contribution, you thereby represent and warrant that:

i) you own the Contribution submitted or uploaded by means of the JOPASU Website Services;

ii) the posting of your Contribution by means of the JOPASU Website Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;

iii) you have fully complied with any third-party licenses relating to your Contribution, agree to pay for all royalties, fees and any other monies owing any person by reason of any Contribution posted by you to or through the JOPASU Website Services;

iv) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

v) your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libellous or slanderous, does not advocate the violent overthrow, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

vi) your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

vii) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;

viii) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on JOPASU’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

ix) your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

x) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation;

xi) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by JOPASU in its sole discretion;

xii) your Contribution does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind against another group or individual; and

xiii) your Contribution does not contain content that discriminates, incites harassment or advocates harassment of any group or individual.

 

3. Prohibited Activities

You may not access or use the Website for any other purpose other than that for which JOPASU makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions and Website use, as determined by JOPASU in JOPASU’s sole discretion. Prohibited activity includes, but is not limited to:

i) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

ii) using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

iii) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

iv) attempting to impersonate another user, person or entity;

v) using a false email address;

vi) using any information obtained from the Website in order to harass, abuse, or harm another person;

vii) using the Website in a manner inconsistent with any and all applicable laws and regulations;

viii) providing material support or resources (or concealing or disguising the nature, location, source, or ownership of material support or resources) to any organization(s)

ix) advertising to, or solicitation of, any user to buy or sell any products or services;

x) transmitting chain letters or junk email to other users; and

xi) providing material support or resources (or concealing or disguising the nature, location, source, or ownership of material support or resources) to any organization(s).

 

4. Intellectual Property Rights

The content on the Website, except for all Contributions, including without limitation, the text, software, scripts, graphics, photos, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to JOPASU, subject to copyright and other intellectual property rights. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. JOPASU reserves all rights not expressly granted in and to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by JOPASU, including any use, copying, or distribution of third parties’ materials obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.

 

5. Passwords

When you create an account with the Website, you will be asked to supply a password. You must keep your password confidential, and you are responsible for all use of your password and account.

 

6. Grant of License to JOPASU

By making a Contribution to the Website, you grant JOPASU a perpetual, non-exclusive, royalty-free, sublicensable, and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Contribution (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in your Contribution. You also agree to waive and hereby waive any claims against JOPASU and any third-party developers of the Website for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with JOPASU’s use and publication of such Contributions.

 

7. User Disputes

You are solely responsible for your interactions with other users of the Website. JOPASU reserves the right, but has no obligation, to monitor disputes between you and other users.

 

8. Term and Termination

This Agreement shall remain in full force and effect while you use the Website or are a registered user. You may terminate your use or participation at any time, for any reason, by following the instructions on your user account settings page or by contacting JOPASU. JOPASU may terminate your use or participation at any time, for any reason, with or without notice. Even after your user account is terminated, this Agreement will remain in effect.

 

9. Limitation on Liability

In no event shall JOPASU, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

i) errors, mistakes, or inaccuracies of content;

ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website;

iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

iv) any interruption or cessation of transmission to or from our Website;

v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website by any third party;

vi) any loss of your data or content from the Website; and/or

vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not JOPASU is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

10. Governing Law

This Agreement and any disputes arising out of or related to the Website shall be governed by the laws of the State of Maharashtra, India, without regard to its conflict of law rules. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Maharashtra, India.

 

11. Miscellaneous

This Agreement constitutes the entire agreement between you and JOPASU regarding the use of the Website. The failure of JOPASU to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions shall remain in full force and effect. JOPASU reserves the right to change this Agreement at any time, with or without notice. Your continued use of the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.