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SentimentExpress Service Agreement
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR AGREEMENT TO THESE
TERMS OF USE. IF YOU ARE NOT AGREEABLE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
1. DEFINITIONS
"SentimentExpress" is the interactive online service operated by Digital Streaming Network Solutions (DSNS) on the Internet. User means any person who establishes or
accesses connection to SentimentExpress for access to and use of SentimentExpress.
2. DESCRIPTION OF SERVICE
SentimentExpress is providing User with a capability to send electronic mail via the World Wide Web and on SentimentExpress' own system. In consideration for this
Service, User agrees to comply with the terms and conditions as laid down under this Service Agreement. If any information provided by User is incomplete or
inaccurate or violates any provisions of the Service Agreement implicitly or explicitly,SentimentExpress retains the right to terminate User's rights to use the Service.
3. GENERAL
(A) This Agreement, which incorporates by reference other provisions applicable to use of SentimentExpress, sets forth the terms and conditions that apply to use of
SentimentExpress by User. By using SentimentExpress (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions
hereof. The right to use SentimentExpress is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under
any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for
protecting the confidentiality of User's password(s), if any.
(B) SentimentExpress shall have the right at any time to change or discontinue any aspect or feature of SentimentExpress, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
4. CHANGED TERMS
SentimentExpress shall have the right at any time to change or modify the terms and conditions applicable to User's use of SentimentExpress, or any part thereof, or to
impose new conditions, including,but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not limited to, posting on SentimentExpress, or by electronic or conventional mail, or by
any other means by which User obtains notice thereof. Any use of SentimentExpress by User after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
5. USER CONDUCT
(A) User shall use SentimentExpress for lawful purposes only. User shall not post or transmit through SentimentExpress any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without
SentimentExpress' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in SentimentExpress'
discretion restricts or inhibits any other User from using or enjoying SentimentExpress will not be permitted. User shall not use SentimentExpress to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with SentimentExpress.
(B) SentimentExpress contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics,
music and sound, and the entire contents of SentimentExpress are copyrighted as a collective work under the USA copyright laws. SentimentExpress owns a copyright in
the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for
User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express written permission of SentimentExpress and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall
be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on SentimentExpress any material protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright
rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such
a submission. By submitting material to any public area of SentimentExpress, User automatically grants, or warrants that the owner of such material has expressly
granted SentimentExpress the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full
term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use.
User hereby grants SentimentExpress the right to edit, copy, publish and distribute any material made available on SentimentExpress by User.
(D) The foregoing provisions of Section 5 are for the benefit of SentimentExpress, its subsidiaries, affiliates and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions directly or on its own behalf.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) USER EXPRESSLY AGREES THAT USE OF SentimentExpress IS AT USER'S SOLE RISK. NEITHER SentimentExpress, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SentimentExpress WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SentimentExpress, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SentimentExpress.
(B) SentimentExpress IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.SentimentExpress DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SentimentExpress) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
USER SPECIFICALLY ACKNOWLEDGES THAT SentimentExpress IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL SentimentExpress, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SentimentExpress OR THE
SentimentExpress SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SentimentExpress. USER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SentimentExpress.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER SentimentExpress, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SentimentExpress, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.NEITHER SentimentExpress NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. MONITORING
SentimentExpress shall have the right, but not the obligation, to monitor the content of SentimentExpress, to determine compliance with this Agreement and any operating
rules established by SentimentExpress and to satisfy any law, regulation or authorized government request. SentimentExpress shall have the right in its sole discretion to
edit, refuse to post or remove any material submitted to or posted on SentimentExpress. Without limiting the foregoing, SentimentExpress shall have the right to remove
any material that SentimentExpress, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless SentimentExpress, its affiliates and their respective directors, officers, employees and agents from and against all
claims and expenses, including attorneys' fees, arising out of the use of SentimentExpress by User or User's Account.
9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall SentimentExpress be liable for any special or consequential damages that result from the use
of, or the inability to use, the materials in this site, even if SentimentExpress or a SentimentExpress authorized representative has been advised of the possibility of such
damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall SentimentExpress' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not
limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
10. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in Pakistan. SentimentExpress may change, add,
or delete programs described in this website at any time without notice. This site is controlled by SentimentExpress and SentimentExpress makes no representation that
materials in the site are appropriate or available for use outside Pakistan.Many of the images used here are for use in Pakistan only and those who choose to access these
images from outside Pakistan do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.This
agreement shall be governed by and construed in accordance with the laws of the Calcutta High Court, without giving effect to any principles of conflicts of law.
11. TERMINATION
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all
SentimentExpress site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This
agreement will terminate immediately without notice from SentimentExpress if in SentimentExpress' sole discretion you fail to comply with any term or provision of this
agreement. Upon termination, you must destroy all materials obtained from this site and any and all other SentimentExpress site(s) and all copies thereof, whether
made under the terms of this agreement or otherwise.
12. CONCLUSION
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and
shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein
and shall not be modified except in writing, signed by both parties.
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