1.2. This agreement is between you ("You" or "Your") and prohub.in ("prohub.in,” “ProHub,” “we,” or “our”) that governs your use of the prohub.in Web Site ("Site" or "Web Site")." These Terms and Conditions (“Terms”) are entered into by and between prohub.in and You, and You accept them by: (a) using the Web Site in any way, and/or (b) acknowledging agreement with these Terms.
1.3. CHANGES TO TERMS
We may periodically change the Terms and the Web Site without notice, and You are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies Your consent to such changes.
1.4. THIRD PARTY RIGHTS.
Nothing in this agreement shall be deemed to confer any third party rights or benefits.
2. USE OF CONTENT AND WEBSITE.
We provide the information, content, or advertisements (collectively called the “content” or “materials”) on the prohub.in Web Site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Because you may only utilize the Web Site for personal, non-commercial uses, you may only view, use, copy, and distribute the Materials found on prohub.in Web Site solely for internal, noncommercial, informational purposes only and only in compliance with these Terms.
prohub.in names, logos, and all related products and service names and design marks are trademarks and service marks owned by and prohub.in. Requests for authorization should be made to prohub.in officers.
prohub.in does not investigate, represent, or endorse the quality, reliability, accuracy, legality, or legitimacy of any products, services, or other promotions or Materials, including any feedback, advice, ratings, or recommendations contained on, distributed through, linked to, downloaded from, or otherwise accessed via the prohub.in Web Site.
Any and all references to any names, logos, trade or service marks, products, or services of third parties or any links to third party websites or information does not imply or constitute ProHub’s recommendation, endorsement, sponsorship, or approval of the third party, or of the quality of any product, service, information, or other materials offered by such third party or obtained by You from the third party as a result of any advertisement or any other information or offer in or in connection with the prohub.in Web Site.
4.1. No Control Over or Guarantee of Content. prohub.in receives and displays information provided by and created by Site users, advertisers, content partners, developers, employees, and other third parties. prohub.in has no control over the accuracy, reliability, or legality of such information on ProHub’s web pages, and any material present on the prohub.in Web Site may include inaccuracies or other errors. prohub.in makes no guarantees regarding any such information, nor can ProHub be responsible for the accuracy, content, qualify, copyright compliance, or legality of any such information, including any resulting loss or damage from the use or reliance upon such information.
You should use discretion while browsing the Internet.
4.2. Modification of Information. prohub.in reserves the right, in its sole discretion and without any obligation to do so, to improve, correct, or otherwise modify any error or omissions in the Web Site and/or any portion thereof. prohub.in will attempt to update information on a timely basis, but shall not be liable for any inaccuracies and shall not be under any obligation to update such information.
5.1. User Responsible for Content. You are entirely responsible for any and all Content that You upload, post, or otherwise transmit to or via the prohub.in Web Site. You agree not to upload, post, display, or otherwise transmit via the Web Site any Content that: (a) is harmful, obscene, pornographic, intentionally inaccurate, defamatory, racist, violent, offensive, harassing, violates any law, or otherwise objectionable to prohub.in or other users; (b) violates or infringes intellectual property rights of any person or entity; (c) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, telecommunications equipment; (d) performs data mining, webcrawling, or any other process that utilizes automated queries to the prohub.in Web Site; (e) violates any of these Terms. prohub.in is not responsible for any content submitted, generated, posted, linked, or provided by users.
5.2. Prohibited Uses. You agree that You will not use the Web Site to: (a) transmit bulk or other unsolicited communications whether such communications are commercial or non-commercial in nature; (b) impersonate or otherwise assume a false identity or misrepresent Your identity or misrepresent Your affiliation or relationship with another person or entity; (c) hack, slice, or gain or seek to gain unauthorized access to the computer codes, programs, or information used by, in, or on the Web Site; (d) disrupt or otherwise act in a manner that negatively impacts or affects the ability of other users to use the Web Site; (e) engage in activities that would violate any fiduciary relationship, any applicable law, whether local, state, national, or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, conducting an illegal gambling operation, stalking, or making threats of harm; (g) collect or store personal data about other users unless specifically authorized by such users; or (h) knowingly provide false, inaccurate, or disparaging information.
5.3. Monitoring of Content.
5.3.1.No Monitoring by ProHub. prohub.in is under no obligation to monitor the material displayed on, contained in, or transmitted to the Web Site. However, any use of the Web Site constitutes Your agreement that prohub.in may monitor the Web Site contents periodically to (1) comply with any necessary laws, regulations, or other governmental requests; (2) to operate the Web Site properly; or (3) to protect itself and its users.
5.3.2.Modification or Removal of Materials. prohub.in reserves the right to edit, modify, remove, reject, or eliminate any material displayed on, contained in, or transmitted to the Web Site that prohub.in, in prohub.in’s sole discretion, believes is unacceptable or in violation of applicable law or in violation of these Terms.
At the request of the user who submitted the materials or at the request of an advertiser, prohub.in will disable or remove the ratings, reviews, and other commentary provided by any user or third party. prohub.in reserves the right to delete or refuse to post any materials it deems defamatory, offensive, violative of these Terms, infringing of copyright, or violative of applicable laws.
6.1. ProHub’s IP Rights. You acknowledge that prohub.in owns all right, title, and interest in and to the Web Site and its content (except as stated elsewhere in these Terms), including without limitation all intellectual property rights, and such intellectual property rights are protected by United States and international intellectual property laws. You agree that You will not copy, reproduce, alter, modify, or create derivative works from the Web Site or its content, except as permitted by these Terms. You also agree that you will not use any robot, spider, other automated device, program, file, or manual process to monitor or copy any content from the Web Site. The intellectual property rights retained by prohub.in include rights to (a) the directory, listing, search functions, and all other content provided by prohub.in; and (b) all software associated with the Web Site or its contents. These intellectual property rights do not affect or include third-party content used as part of the Web Site or its content.
6.2.All IP Remains Property of Owner; No Grant of License. All trademarks and service marks displayed on the Web Site are the property of their respective owners. Except as authorized elsewhere in these Terms, you are not being granted a license under any patent, trademark, copyright, or any other intellectual property right in the content or products, services, processes, or technology described therein. All such rights are retained by prohub.in and/or any third party owner of such rights. All copies that You make of the content of the Web Site must retain any and all copyright, trademark, or other proprietary notice located on the Web Site that pertains to the material being copied. You are not authorized to use any prohub.in name, mark, or intellectual property in any advertising, publicity, or in any other commercial manner without the prior written consent of prohub.in.
6.3. No Ownership in Certain Content. prohub.in does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that You upload, transmit, or submit to the Web Site.
6.4. Intellectual Property Complaints. prohub.in does not monitor the use of trademarks, copyrights or other rights of third parties. However, at ProHub’s sole discretion, prohub.in may remove, suspend, terminate access, report to law enforcement, or take other appropriate measures against users or any other third parties who infringe the copyright rights of others.
If You have a reasonable belief that any content or materials contained on or displayed on the Web Site constitute or contain unauthorized reproductions of Your copyrighted work or trademarks or trade secrets, or links to sites containing unauthorized reproductions of Your copyrighted work or trademarks or trade secrets, You may request that ProHub Site remove such content. However, ProHub will not take any action to remove such content until such time as You provide ProHub with all of the information required under the Digital Millennium Copyright Act of 2000 (17 U.S.C. § 512).
You acknowledge and agree that any use of the prohub.in Web Site, reliance upon any content of the Web Site, and any use of the Internet generally shall be at Your sole and complete risk. prohub.in disclaims any and all responsibility or liability for the accuracy, content, legality, reliability, operability, or availability of information or content or material displayed by prohub.in or the Web Site.
THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT. PROHUB.IN DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, ACCURACY, AND PERFORMANCE OF THE SITE AND CONTENT AND MATERIALS TO THE FULLEST EXTENT ALLOWED UNDER LAW. PROHUB.IN DOES NOT WARRANT THAT ANY DEFECTS, OMISSIONS, OR ERRORS APPEARING IN THE CONTENT WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL OR ACTUALLY HARMFUL COMPONENTS.
PROHUB.IN DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST PERMITTED BY LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY EXTERNAL LINKS PROVIDED BY OR THROUGH THE WEB SITE. IN SOME STATES OR OTHER JURISDICTIONS, THE EXCLUSION OF IMPLIED WARRANTIES IS NOT ALLOWED, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8.1. External Links to Third Party Sites. The prohub.in Web Site may contain links to external Internet sites owned, run, or operated by third parties. These sites are provided within the content on the Web Site solely as a convenience to users. Any link or other listing on prohub.in’s Web Site of an external Internet site (a) does not imply endorsement of the external Internet site by prohub.in or its affiliates, and (b) is not a representation or guarantee regarding the availability and/or performance of the external Internet site or of any content on such external Internet site. Be aware that if You click on any advertising banners, sponsor links, or any other external Internet links from the prohub.in Web Site, You may be automatically redirected to a new Internet browser window that is not hosted or controlled by prohub.in.
8.2. Content of Third Part Sites. External Internet links may direct You to content or information that some people may find harmful, objectionable, inappropriate, or offensive. prohub.in is not responsible for the accuracy, functionality, copyright compliance, legality, decency, reliability, safety, or usefulness of any externally linked Internet site or of the material contained in any externally linked Internet site. prohub.in does not research or investigate externally linked Internet sites before or after including them on the prohub.in Web Site. No representations are made by prohub.in and prohub.in assumes no responsibility concerning the content that third parties submit to the Web Site or any externally linked Internet site. At prohub.in’s sole discretion and with no obligation to take any such action, prohub.in reserves the right to disable links to or from third-party sites. This right to disable links includes links to or from any advertisers, sponsors, or content providers.
You agree to indemnify and hold prohub.in and all its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any and all claims, actions, losses, damages of every kind, suits, judgments, and demands, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Your breach of these Terms, or (b) Your violation of any law, or (c) Your violation of the rights of a third party, including any infringement by You of any intellectual property or other right of any person or entity. These obligations will survive any termination of the agreement or Terms. In such a situation, prohub.in will provide You with written notice of any such claim, suit, action, or judgment.
10. APPLICABLE LAW:
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. By Your use of the Web Site or acceptance of these Terms, You agree to submit to personal jurisdiction in Sacramento County, California. You are responsible for complying with all applicable laws.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be void or otherwise unenforceable, the remainder of the Terms will continue in full force and effect.
12. TERMS AS ENTIRE AGREEMENT
These Terms constitute the entire agreement between You and prohub.in. These Terms supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
Any waiver of any provision of these Terms shall be effective only if such waiver is (a) in writing; (b) dated; and (c) signed by You and an authorized representative of prohub.in
14. INVESTIGATION OF COMPLAINTS
prohub.in reserves the right to investigate any complaints or reported violations of these Terms and to take any action ProHub deems necessary and appropriate. ProHub, in its sole discretion, may elect to report any suspected illegal act or activity to law enforcement, regulators, or other third parties. ProHub may also elect in its sole discretion to disclose any information necessary or appropriate to such persons or entities. prohub.in reserves the right to seek all remedies available at law and in equity for violations of these Terms.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL PROHUB.IN BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE OR MISUSE OF THE WEB SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, USE, REVENUE, OR DATA WHETHER SUCH CLAIMS ARE BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, REGARDLESS OF WHETHER PROHUB.IN IS OR WAS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR CONNECTED WITH THE USE, MISUSE, INABILITY TO USE, OR RELIABILITY OR PERFORMANCE OF THE WEB SITE, THE CONTENT OF THE WEB SITE, OR THE INTERNET GENERALLY, OR THE USE, MISUSE, INABILITY TO USE, OR RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY WEB SITE.
PROHUB.IN DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABIILTY, LEGALITY, OR USEFULNESS OF ANY INFORMATION, PRODUCT, SERVICE, OR PROCESS DISPLAYED OR CONTAINED ON THE WEB SITE OR OTHER CONTENT OR EXTERNAL INTERNET SITES OR THEIR CONTENT ACCESSIBLE FROM THE WEB SITE.
THE USER OF THE SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.