1. GENERAL
1.1 This Agreement governs your use of the SFA Forums
and Chat sessions ("Forums") which are operated by Sabu Francis & Associates
("SFA").
1.2 SFA reserves the right, in its discretion, to change or modify all or any
part of this Agreement at any time, effective immediately upon notice published
on the Forums. Your continued use of the Forums constitutes your binding
acceptance of these terms and conditions, including any changes or modifications
made by SFA as permitted above. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you should immediately cease use of
the Forums.
2. USE OF CONTENT
2.1 You acknowledge that the Forums contain
information, software, photographs, audio and video clips, graphics, links and
other material (collectively, the "Content") that are protected by copyright,
trademark or other proprietary rights of SFA or third parties. All Content on
the Forums is copyrighted as a collective work of SFA pursuant to applicable
copyright law. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or accessed
through the Forums.
2.2 You may post on the Forums any Content owned by you (such as your
original statements), Content for which you have received express permission
from the owner, and Content in the public domain (collectively, "User Content")
and you assume all risk for determining whether any such User Content is in the
public domain. You grant to SFA the right to edit, copy, publish, distribute,
translate and otherwise use in any medium (whether now known or hereafter
discovered), any User Content that you place on the Forums, without compensation
to you. You represent and warrant that you are authorized to grant all rights
set forth in the preceding sentence. You may not advertise or solicit your own
goods or services on the Forums.
2.3 You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or in any way
exploit any Content other than the User Content ("Third Party Content"), in
whole or in part, except as otherwise expressly permitted in this Agreement.
Third Party Content consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner of the software's patent
and/or copyright unless and to the extent permitted under applicable law.
2.4 You may download or copy the Third Party Content only for your own
personal, noncommercial use, provided that you maintain all copyright and other
notices contained in such Third Party Content. You shall not store
electronically any significant portion of such Third Party Content. Except as
expressly permitted by the copyright laws, no copying, storage, redistribution
or publication of such Third Party Content is permitted without the express
permission of SFA or the owners of such Third Party Content or their authorized
persons, if other than SFA. You may download from the Forums any Third Party
Content in the public domain for your own personal use or for non-commercial
redistribution; provided, however, that you assume all risk and responsibility
for determining whether such Third Party Content is in the public domain.
3. RULES OF CONDUCT
You shall not post on the Forums any User
Content which (a) is libelous, defamatory, obscene, pornographic, profane,
abusive, harassing or threatening, (b) contains viruses or other contaminating
or destructive features, (c) violates the rights of others, such as User Content
which infringes any copyright, trademark, patent, trade secret or any other
intellectual property right or which violates any right of privacy or publicity,
(e) violates any laws regarding unfair competition, or (e) otherwise violates
any applicable law. You may not post on the Forums any links to any external
Internet sites that are obscene or pornographic. You shall not use the Forums
for any commercial purpose or to distribute any advertising or solicitation of
funds or goods.
4. MANAGING CONTENT
SFA is not responsible for and assumes no
liability with respect to the Content posted by users on the Forums. However,
SFA reserves the right to delete, move or edit any Content that it may
determine, in its sole discretion, violates this Agreement or is otherwise
unacceptable. SFA shall have the right, but not the obligation, to correct any
errors or omissions in any Content, as it may determine in its sole discretion.
You shall remain solely responsible for all User Content.
5. NO ENDORSEMENT
5.1 SFA does not represent or endorse the
accuracy or reliability of any Content posted in any Forum and you acknowledge
that any reliance upon such Content shall be at your sole risk. Any Content
placed in any Forum by users are the views of the user posting the statement,
and do not represent the views of SFA.
5.2 The Forums may contain links to sites on the Internet which are owned and
operated by third parties (the "External Sites"). You acknowledge that SFA is
not responsible for the availability of, or the content located on or through,
any External Site. You should contact the site administrator or Webmaster for
those External Sites if you have any concerns regarding such links or the
content located on such External Sites.
6. INDEMNITY
You agree to indemnify, defend and hold SFA and its
affiliates, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "SFA Parties") harmless
from and against any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any SFA Party in connection with any use
or alleged use of the Forums under your password by any person, whether or not
authorized by you. SFA reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with SFA's defense of such
claim.
7. TERMINATION OF FORUMS
SFA reserves the right, in its sole
discretion, to restrict, suspend or terminate your access to all or any part of
the Forums at any time for any reason without prior notice or liability. Without
limiting the preceding sentence, your access to the Forums will be suspended, in
appropriate circumstances, if you post materials that infringe the intellectual
property rights of others. SFA may change, suspend or discontinue all or any
aspect of the Forums at any time, including the availability of any feature,
database, or Content, without prior notice or liability.
8. NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your
work has been used or copied in a way that constitutes copyright infringement,
please provide SFA's Copyright Agent a Notice containing the following elements:
- a. a physical or electronic signature of the person authorized to act on
behalf of the owner of the copyright interest that is alleged to have been
infringed;
b. a description of the copyrighted work or works that you
claim have been infringed and identification of what material in such work(s)
is claimed to be infringing and which you request to be removed or access to
which is to be disabled;
c. a description of where the material that you
claim is infringing is located on the SFA site;
d. information sufficient
to permit SFA to contact you, such as your physical address, telephone number,
and email address;
e. a statement by you that you have a good faith belief
that the use of the material identified in your Notice in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
f. a statement by you that the information in your Notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized to
act on the copyright owner's behalf.
SFA's Copyright Agent for Notice of claims of copyright infringement can be
reached as follows:
By mail:
Sabu Francis & Associates
B4-4-4, Shiv Parvati Housing
Society
Sector 21, Nerul
Navi Mumbai
Maharastra
INDIA
PIN:
400706
By telephone: (91) 022-27701218
By fax: (91) 022-27701218
By email:
copyright@archsfa.com
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
9.1 SFA DOES
NOT WARRANT THAT THE FORUMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SFA
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE FORUMS OR THE
CONTENT. THE FORUMS AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. SFA DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FORUMS,
ANY CONTENT OR ANY PRODUCTS MENTIONED IN THE FORUMS. NEITHER SFA NOR ANY THIRD
PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH
THE FORUMS WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATING OR DESTRUCTIVE
FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE FORUMS AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS
ASSUMED SOLELY BY YOU.
9.2 NEITHER SFA, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FORUMS EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. GOVERNING LAW
This Agreement will be governed and construed in
accordance with the laws of the State of Maharashtra, India without giving
effect to principles of conflict of laws. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. SFA's failure to act with respect to a
breach by you does not waive SFA's right to act with respect to subsequent
breaches.

