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This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the World Stonex web site which is identified by the uniform resource locator www.worldstonex.com (the "Site"). This Agreement is entered into between you as the user of the Site (the "User") and Stonex Infotech Pvt. Ltd. ("World Stonex").
Stonex Infotech Private Limited shall provide to the member and the member shall receive the services and benefits as described in the then-current member's 'Features' document provided by Stonex Infotech Private Limited.
FEES, CHARGES AND TERM
The initial term of membership, fees and charges shall be as stated in this 'Membership' form and as applicable therein for the type of membership opted for.
FEES, CHARGES REVISION
From time to time Stonex Infotech Private Limited may revise the fees and charges set forth in the Membership Form, institute new charges for access to or use of the services and revise the rates of ads and other listings, entries on the site.
ANNUAL RENEWALS
For annual renewals, Stonex will issue an invoice at least thirty (30) days prior to the expiration of the Initial Term or the then-current Renewal Term. The prevailing charges and modified terms at the time of renewal shall be applicable.
GENERAL
The Member shall be responsible for maintaining a personal computer, modem, other hardware and/or Internet services (including browser software) required for accessing and using the Services.
The Member shall be responsible for creating and regularly reviewing its customer profile and data on Worldstonex.com and maintain the accuracy of information.
The Member shall be authorized to copy for republication and dissemination any materials, which it accesses by means of the use of the Services if such materials are identified as the intellectual property of Stonex Infotech Pvt. Ltd. or of any third party. The Member will not delete any intellectual property rights notices from printouts of materials which are electronically accessed.
The Member authorizes Stonex Infotech Pvt. Ltd. to include the Member's name, contact information and other relevant data provided to Stonex Infotech Pvt. Ltd. for the purpose of promoting the use of the Services. The information will be used by Stonex Infotech Pvt. Ltd. and may be disclosed to its affiliates, resellers, associates, partners and others that Stonex Infotech Pvt. Ltd. deems appropriate.
Stonex Infotech Pvt. Ltd. and Member agree to collaborate on the preparation and release of a mutually acceptable press announcement referencing the new business relationship contemplated by this Agreement.
DATA PROTECTION
Stonex Infotech Pvt. Ltd. will not be obligated to exercise greater care to protect Member's data against physical damage or unauthorized access or disclosure than it uses to protect its own data of a similar nature.
SERVICE LEVEL GUARANTEE
Stonex Infotech Pvt. Ltd. warrants that the Computer Systems used to provide the Services will be available for use by Member ninety-nine percent (99%) of the total hours in a calendar month exclusive of scheduled maintenance hours. If Stonex Infotech Pvt. Ltd. fails to meet the foregoing warranty for three (3) out of six (6) consecutive months, Member may terminate this Agreement upon notice to Stonex. The warranties herein will only apply to failures to meet the applicable warranty, which are reported to Stonex in writing within sixty (60) days after the date of the failure.
There are no statutory or implied warranties of any kind relating to the services. Stonex Infotech Pvt. Ltd. does not warrant that the services will meet the member's requirements or that the operation of the services will be uninterrupted or error-free. The member shall be responsible for taking appropriate precautions against damages to its operations which could be caused by service defects, errors, interruptions, or malfunctions.
Stonex Infotech Pvt. Ltd. will not be liable to the member for special, incidental or consequential damages arising from its provision of or failure to provide the services to the member. The liability of Stonex Infotech Pvt. Ltd. to the member for any other types of damage which might be caused by or arise out of the provision of or failure to provide the services, regardless of the form of action, whether in contract or tort, including claims of negligence, will not exceed, in the aggregate, the total amount paid by the member to Stonex Infotech Pvt. Ltd. for services in the three (3) months preceding the event which is the cause of liability.
Stonex Infotech Private Limited shall not be liable for any performance failure of it arises out of the unavailability of third party communication facilities or energy sources, acts of God, acts of the other party, acts of governmental authority, fires, strikes, riots or war, or any other cause beyond the reasonable control of that party.
INDEMNIFICATION
The Member shall indemnify, defend and hold harmless Stonex Infotech Private Limited, and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from the member's use of the Site or receipt or use of the Services. Stonex Infotech Private Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the member who shall not in any event settle any matter without the written consent of Stonex Infotech Private Limited.
INTELLECTUAL PROPERTY RIGHTS
Stonex Infotech Pvt. Ltd. is the sole owner or lawful licensee of all the rights to the Site and its Content. The Site and the Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Content shall remain with Stonex Infotech Pvt. Ltd. All rights not otherwise claimed under this Agreement or by Stonex Infotech Pvt. Ltd. are hereby reserved.
"WORLD STONEX", "WORLSTONEX.COM" and related icons and logos are registered trademarks or trademarks or service marks of Stonex Infotech Pvt. Ltd. in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Stonex Infotech Pvt. Ltd. respects copyright laws and expects all other persons to do the same. Stonex Infotech Pvt. Ltd. and/or its affiliates are owners or lawful licensees of all content (including, but not limited to designs, logos, color schemes, look and feel, text, images and videos) displayed on this web site. Any unauthorized copying, publication or distribution of copyrighted works may be an infringement of the copyright owners' rights.
Any unauthorized use of Stonex Infotech Pvt. Ltd.'s patents, trademarks, service marks, logos, slogans, screen shots, look and feel, designs, copyrighted materials or any branded features ("Stonex Infotech Pvt. Ltd. Proprietary Property") without the prior written permission of Stonex Infotech Pvt. Ltd. is strictly prohibited by law. If you infringe on Stonex Infotech Pvt. Ltd.'s rights with respect to any Proprietary Property, you shall immediately cease such infringing activity and you shall be strictly liable to Stonex Infotech Pvt. Ltd. for any and all damages which may be suffered as a result of your infringement.
This document contains the entire and only understanding and agreement of the parties concerning or relating to the Services. The terms and conditions contained in any other form, which may be submitted by the Member for such Services will not be applicable or effective even if receipt of such document is acknowledged.
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