ActiveCiti Terms of Service ( TOS )

The activeciti.com website is operated by ThinkingSpace Technologies (TST) . ThinkingSpace Technologies currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, personalized content through its network of properties (the "Service"). The Service (or parts of it), at ThinkingSpace Technologies discretion, may be accessed or made available through or via various mediums or devices now known or hereafter developed, including but not limited to the World Wide Web, mobile telephone or communications services (such as SMS (Short Message Service)), and/or other Internet or telecommunications services or protocols (such as WAP (Wireless Application Protocol)).  The web pages available at www.activeciti.com, and all linked pages (“Site” or “ActiveCiti” or “Website”),  are owned and operated by ThinkingSpace Technologies (“Company”) and is accessed by you (“Subscriber” or “You” or “User”) under the following terms and conditions:

By using ActiveCiti, you are agreeing to be bound by the following terms and conditions (hereinafter referred to as the “Agreement”). The term ‘Agreement’ not only includes terms and conditions expressly enumerated hereunder, but also those incorporated through reference. Your use of this website and/or the services on this website shall be deemed to be your agreement to abide by the terms set forth below. You agree that Company may make changes to the services offered on this website, at any time without notice, and can revise these terms at any time. We will notify you of such revisions by posting an updated version of these terms on the website. You are responsible for regularly reviewing these terms. Your continued use of the website and/or the services shall constitute your consent to such changes.

This agreement applies automatically to any new services or features introduced on ActiveCiti.

Basic Terms

• To be eligible to use this site, you must be of legal age under the laws of your state or country of residence. You should also be of a sound mind and legally capable of entering into contracts.
• You are responsible for any activity that occurs under your username and are responsible for keeping your password secure. ActiveCiti will not be liable for any claims or damages arising out of a user’s failure to inform it about unauthorized use of its username or password or any other breach of security.
• You must not abuse, harass, threaten, impersonate or intimidate other ActiveCiti users through your use of ActiveCiti and its services.
• You must not use the ActiveCiti service for any illegal or unauthorized purpose.
• You are solely responsible for your conduct and any data, files, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other material (“Content”) that you submit, post, display on, transmit through or link from the ActiveCiti service.
• Content that is considered obscene under Indian law is strictly forbidden on the Activeciti.com, and users are prohibited from posting any material of an obscene nature on the ActiveCiti website. Users may sometimes come across user-posted obscene content that we have not yet discovered. Users shall make best endeavors to make Activeciti.com aware of such obscene/objectionable content that they come across while using the service.
• You must not create or submit unwanted and unsolicited email to any ActiveCiti members (“Spam”)
• You must not transmit any worms or viruses or any code of a destructive nature that can cause harm to ActiveCiti or any of its users.
• You must not, through the use of ActiveCiti and its services violate any laws in your jurisdiction or violate any rights of third parties
• Your account is intended for personal or organizational use. You must not share it with other users.
•  You must not harvest or otherwise collect information about users, including email addresses, without their consent.
• You must not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the service.

Violation of any of these agreements will result in the termination of your ActiveCiti.com account. While ActiveCiti.com prohibits such conduct and content on its site, you understand and agree that ActiveCiti cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Activeciti.com service at your own risk.

General Conditions

• We reserve the right, at our sole discretion, to modify ActiveCiti and to modify or terminate the ActiveCiti service for any reason, without notice at any time.
• We reserve the right, at our sole discretion, to amend this agreement at any time. Such an amendment will take effect immediately upon the posting thereof on ActiveCiti. You must review this agreement on a regular basis to keep yourself apprised of any changes.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may remove Content and accounts containing Content that we determine, in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, misleading or otherwise objectionable or violates any party's intellectual property rights or this agreement. While ActiveCiti prohibits such content on its site, you understand and agree that ActiveCiti cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the ActiveCiti service at your own risk.
• The failure of ActiveCiti to enforce any provision of this agreement does not constitute a waiver of that provision.

You acknowledge and agree that ActiveCiti may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a)  comply with legal process;

(b)  enforce the Terms of Service;

(c)   respond to claims that any Content violates the rights of third-parties;

(d)  respond to your requests for customer service; or

(e)  protect the rights, property, or personal safety of ActiveCiti, its users and the public.

Internet Downtime

You acknowledge that in any computer system and any network of computer systems there is certain to be "downtime" due to mechanical, telecommunication, software, hardware and third-party vendor failures during which ActiveCiti will be unable to provide this service to you. ActiveCiti cannot predict or control when such "downtime" may occur and cannot control the duration of such "downtime."

ActiveCiti has authority or control only over the operation of this website. Nevertheless, you understand and agree that the Internet is inherently unreliable and subject to breaches of security. Therefore, ActiveCiti cannot be responsible for the integrity of any information, file or other posting available on or sent to this website.

NOTICE

Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.

Copyright

All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services, and the selection, arrangement and display thereof, are the copyrighted works of ActiveCiti or its users. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of ActiveCiti.

Trademarks

Company, the Company logo and the products and services described in this website, including without limitation Activeciti.com, are either trademarks or registered trademarks of Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. You may not copy or adapt the HTML code that Company creates to generate its pages. It is also protected by the Company’s copyright.

Third Party Content

ActiveCiti.com currently doesn’t offer any third-party services. In future though , the Third parties may provide certain information and content to the website and/or Company ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Claims of copyright infringement

If you believe that your copyrighted work has been uploaded, posted or copied to this website and is accessible in a way that constitutes copyright infringement, please notify us via email at copyright[at]thinkingspace.in by providing the following information:

• The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
• A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
• Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
• Your name, address, telephone number and, if you have one, your e-mail address;
• A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
• A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Please email us at: copyright[at]thinkingspace.in

DISCLAIMER OF WARRANTIES
You expressly understand and agree that:

a.     Your accessing or use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b.     Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.

c.      Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service or materials. The materials are provided or made available by us on an “as is” basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.

d.     No advice or information, whether oral or written, obtained by you from ActiveCiti or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the service shall create any warranty not expressly stated in the Terms of Service (TOS).

LIMITATION OF LIABILITY

You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:

                                i.          The service, the materials and the products;

                               ii.          The use or the inability to use the service;

                             iii.          The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

                            iv.          Unauthorized access to or alteration of your transmissions or data;

                              v.          Statements or conduct of any third party on the service;

                            vi.          Any goods or services disposed of or messages sent or received using the service; or

                           vii.          Any other matter relating to the service, the materials or the products.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party or your use of ActiveCiti or arising out of Content you submit, post, transmit or make available through ActiveCiti.

GENERAL INFORMATION

Entire Agreement: The TOS constitute the entire agreement between you and TST and governs your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The TOS do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Governing Law and Jurisdiction:  The TOS and the relationship between you and TST shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and ActiveCiti agree to submit to the personal and exclusive jurisdiction of the courts located at Pune, India .

Waiver and Severability of Terms: The failure of TST to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability:  You agree that your ActiveCiti account is non-transferable and any rights to your ActiveCiti ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.