USER AGREEMENT

These Terms of Use govern your use of the websites, content and community services offered through http://www.georgiandaily.com (“Site”). You (the user) agree to access "the site", subject to the terms and conditions of use as set out here.

Georgian Daily may add to or change or update these Terms of Use, from time to time entirely at the its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Changes

Georgian Daily reserves the right to suspend/cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted to http://www.georgiandaily.com/agree.html for your reference and convenience so as to enable you to understand your responsibility as a user.

Charges

Georgian Daily reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Georgian Daily, its parent, affiliates and associates and are protected under applicable US laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Georgian Daily. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Limited Permission to Copy

Georgian Daily grants you permission to only access and make personal use of the Site and You agree not to download or modify/alter/change/amend/vary/transform/revise Georgian Daily’s Site, or any portion of it, except with the express consent of Georgian Daily. You are permitted to print or download extracts from these pages for your personal, non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.

Georgian Daily forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish Georgian Daily’s material for distribution should be addressed to Georgian Daily Inc.

Individual Registration, Access and Exchange of Information For certain services such as email, personal web pages, and contests and shopping, registration by the visitor is required. To register for these services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.

To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:

• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Georgian Daily as users of the Site; or
• Access through a single account and Password being made available to multiple users on a network.

If Georgian Daily reasonably believes that an account and password is being used/misused in any manner, Georgian Daily shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Georgian Daily immediately of any unauthorized use of your account or any other breach of security. Georgian Daily will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Georgian Daily or another party due to someone else using your account or password.

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Georgian Daily’s server, or the network(s) connected to any Georgian Daily’s server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, and computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Material Posted/transmitted at Georgian Daily’s Site

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images. You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify Georgian Daily or its affiliates for all claims arising out of any content that you post on the Site.

Georgian Daily accepts no responsibility for the said Content/Images. However, you understand that all Content/Images posted by you becomes the property of Georgian Daily and you agree to grant/assign to Georgian Daily and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.

Exchange of Information via CHAT & other Community Services

You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit. Georgian Daily endeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor/user of the Site.

You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user's ability to engage in real time exchanges.

Limitations of Liabilities

Any transactions relating to sale/purchase of goods or services not directly offered by Georgian Daily are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Georgian Daily. Georgian Daily merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. Georgian Daily does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not Georgian Daily. Georgian Daily will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.

Under No circumstances will Georgian Daily be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Georgian Daily is not responsible for any content sent using and/or included in Georgian Daily’s site/service by any third party.

Termination of Account

Georgian Daily reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Georgian Daily’s Web Sites; Refuse, move or remove for any reason any Content/Image that you submit on or through the Services; Refuse, move, or remove any Content/Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Georgian Daily’s Web Sites will immediately cease.

You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. You agree to not use any product or the service available on a Site to:

1. Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
2. Upload, post, email, transmit or otherwise make available any viruses, trojan horses, time bombs, or any other harmful programs or elements.
3. Harm minors in any way.
4. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet
5. Impersonate any person or entity, including, but not limited to, Georgian Daily’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
7. Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks
8. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
9. Upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.
10. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights ("Rights") of any party.
11. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.

No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Georgian Daily will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Georgian Daily for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Georgian Daily’s Web Sites.

Terms of Use for Georgian Daily Mail

Georgian Daily Mail is designed to not let your mails bounce on account of space. However, your mails may bounce on account of other reasons like wrong or misspelled recipient name, size of e-mail, size /number of attachments, overall attachment limit, mail/attachment containing viruses/sinister code, server fault from the senders end, internet link failure etc, for which Georgian Daily has no control and responsibility.

The size of the mail/size of attachments, etc. should be in accordance to the guidelines of Georgian Daily e-mail:

• 7 Megabyte (MB) for Incoming Mail
• 20 MB for Outgoing Mail

Unlimited storage space is an offer valid only for a limited period of time and it can be withdrawn/extended by Georgian Daily at any given point of time. The offer is valid only to those users meeting the entire registration criterion and adhering to the usage policy defined below. (Georgian Daily reserves the right to withdraw this offer at any given point of time at its discretion)

Usage policy of Georgian Daily Mail

If the user does not access/log in into his mailbox at least once in three months (90 days) period, then the user account will be terminated and the user will no longer have access to the same. 

Disclaimer of Warranties and Liability

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

Georgian Daily and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Georgian Daily’s sites/services, with the delay or inability to use the Georgian Daily’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Georgian Daily sites/services, or otherwise arising out of the use of the Georgian Daily sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Georgian Daily as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.

Links to Other Sites

Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Georgian Daily’s logo, please understand that it is independent from Georgian Daily, over whom Georgian Daily has no control or connection, business or otherwise as these sites are external to Georgian Daily. You agree and understand that by visiting such sites you are beyond the Georgian Daily’s website. Georgian Daily, therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. Georgian Daily gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Georgian Daily shall not be responsible nor liable for any consequential damages arising on account of you relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

Material Submitted by Users

Certain elements of the Site will contain material submitted by users. Georgian Daily accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Georgian Daily against all third party claims, demands and actions brought against Georgian Daily which arises from or relates to the material submitted by you.

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to Georgian Daily by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Georgian Daily found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Georgian Daily will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Georgian Daily advertisers on the Website. Georgian Daily reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

Data Protection

Georgian Daily may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Georgian Daily reserves the right to disclose any information in response to/that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Georgian Daily.

Further, Georgian Daily can (and you authorize Georgian Daily to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Georgian Daily and you shall have no authority to bind Georgian Daily in any manner, whatsoever.

Force Majeure

Georgian Daily shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

USA and New York Law

The Agreement shall be governed by the Laws of the USA and the State of New York. The Courts of law at New York shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Right to remove inappropriate messages

We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.

Limited time to bring your claim

You and Georgian Daily agree that any cause of action arising out of or related to the Georgian Daily’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Acceptance of Privacy Policy

By using Georgian Daily’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Georgian Daily sites. We reserve the right, to modify this Privacy Statement at any time.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Notice of Copyright Infringement

Georgian Daily is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
   

Copyright © 2008 Georgian Daily, Inc. All rights reserved. This disclaimer/terms of service notification is subject to change without notice.