Terms of Service
These terms and conditions (the "Terms") govern your access to and use of Penanddiary websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and and all other operating rules, policies and procedures that may be published from time to time on this site and concluding a legally binding contract with Penanddiary,head quartered in Chandigarh("Penanddiary"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
i.Parties : "You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Penanddiary.
ii.Content : "Content"means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Penanddiary Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Penanddiary or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Penanddiary Content.
We reserve the right to modify these terms without modification or by posting a notice on our website, or by sending you a notice via email, postal mail or phone. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Penanddiary, and any inconsistencies among the different versions will be resolved in favor of the English version.
i.Eligibility : To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. Penanddiary may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
ii.Permission to Use the site : We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
iii.Site Availability : The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
iv.User Accounts : You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
YOU AGREE TO:
1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Penanddiary has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Penanddiary has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. Additionally, you agree that if you provide false information to obtain access to a Penanddiary business site that you are not legally entitled to claim, Penanddiary will be entitled to collect liquidated damages of $1000 per violation or actual damages incurred by Penanddiary from you.
v. Communications from Penanddiary and Other Users By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood.
User Conduct and Responsibility for your content
- You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Penanddiary.
- You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Penanddiary, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Penanddiary does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary.
- You agree to not use the Service to:
- 1. Upload, post or otherwise transmit any Content that is unlawful, harmful,fake, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- 2. Harm minors in any way;
- 3. Impersonate any person or entity, including, but not limited to, a Penanddiary official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 4. Upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
- 5. Keyword spam or to otherwise attempt to manipulate search results
- 6. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- 7. Intentionally or unintentionally violate any applicable local, state, national or international law,
- 8. "Stalk" or otherwise harass another individual or merchant;
- 9. Collect or store personal data about users any individual or merchant (including for the purposes of advertising to or soliciting any Penanddiary user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.
- 10. Create or submit unwanted email or messaging ('Spam') to any other Penanddiary user.
- 11.By using the Service you agree to hold responsibility for all Deals that you submit. Penanddiary has no obligation to monitor user submitted content. However, Penanddiary reserves the right to refuse or to remove any materials posted in its sole discretion and without informing you. By your use of the Service, you agree not to post any materials containing unlawful, defamatory, violation to other person’s privacy, distributing of unsolicited advertising, sexual, racial or religious content. You also agree that you will not seek to enforce any copyright on a specific coupon offer. You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon or promotional details in the Penanddiary directory and to grant Penanddiary a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.
- 12.In addition, you agree that all hyperlinks and other offers comprising the Service (e.g. hyperlinks provided in connection with Penanddiary's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by Penanddiary.
Our Right to use your content
- 1. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose including but not limited to right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas or know-how embodied therein; . Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Penanddiary and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. You also acknowledge that the content may not be treated confidentially.
- 2. You agree not to provide Penanddiary with any confidential or proprietary information that you desire or are required to keep secret.
- 3. You acknowledge that Penanddiary does not pre-screen Content, but that Penanddiary and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Penanddiary and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
OwnershipAs between you and Penanddiary, you own Your Content. We own the Penanddiary Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.
We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Penanddiary Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Penanddiary Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Penanddiary Content are retained by us.
AdvertisingPenanddiary and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Content FeedsWe make some of the Site Content ("Feed Content") available via feed system ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Penanddiary's websites, and attributes Penanddiary as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Penanddiary promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Penanddiary's systems. Penanddiary reserves all rights in the Feed Content and may terminate the Feeds at any time.
OtherUser Content (including any that may have been created by users employed or contracted by Penanddiary) does not necessarily reflect the opinion of Penanddiary. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
i). You agree not to, and will not assist, encourage, or enable others to use the site to:
- 1. By writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- 2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- 3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- 4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Penanddiary;
- 5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
- 6. Solicit personal information from minors, or submit or transmit pornography; or
- 7. Violate any applicable law.
ii). You also agree not to, and will not assist, encourage, or enable others to:
- 1. Violate the Terms;
- 2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Penanddiary;
- 3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
- 4. Reverse engineer any portion of the Site;
- 5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- 6. Record, process, or mine information about other users;
- 7. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- 8. Reformat or frame any portion of the Site;
- 9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Penanddiary's technology infrastructure or otherwise make excessive traffic demands of the Site;
- 10. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- 11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses";
- 12. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- 13. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
- 14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
- 15. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
i) Privacy :
3. comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or 4. protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States
ii). Copyright And Trademark Disputes :
Please see our Infringement Policy for information about copyright and trademark disputes.
Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
- (i) your access to or use of the Site,
- (ii) your violation of the Terms,
- (iii)any products or services purchased or obtained by you in connection with the Site, or
- (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Penanddiary reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Penanddiary. Penanddiary will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- 1. The site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Penanddiary entities may not monitor, control, or vet user content. As such, your use of the site is at your own discretion and risk. The Penanddiary entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Penanddiary entities are not liable to you for any loss or damage that might arise, for example, from the site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site.
- 2. The Penanddiary entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the site or the site's users. Accordingly, the Penanddiary entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
- 3. The Penanddiary entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Penanddiary entities shall create a representation or warranty.
- 4. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
- 5. The Penanddiary entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the greater of
(i) The amount paid, if any, by you to the Penanddiary entities in connection with the site in the 12 months prior to the action giving rise to liability, or
- 6. The Penanddiary entities disclaim liability for any
(i) Indirect, special, incidental, punitive, exemplary, reliance, or consequential damages,
(ii) Loss of profits,
(iii) Business Interruption,
(iv) Reputational harm, or
(v) Loss of information or data
- 7. Penanddiary makes no warranty that
(i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) The results that may be obtained from the use of the service will be accurate or reliable,
(iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) Any errors in the software will be corrected.
- 8. No advice or information, whether oral or written, obtained by you from Penanddiary or through or from the service shall create any warranty not expressly stated in the terms.
- 1. This shall be subject to Indian Laws and any action under this shall lie only within the jurisdiction of the courts in Chandigarh, India.
- 2. ii. You agree that Penanddiary, in its sole discretion, may terminate your password, Penanddiary Site, use of the Service or use of any other Penanddiary service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Penanddiary believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Penanddiary may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Penanddiary may immediately deactivate or delete your Penanddiary Site and all related information and files in your Penanddiary Site and/or bar any further access to such files or the Service. Further, you agree that Penanddiary shall not be liable to you or any third-party for any termination of your access to the Service.
- 1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- 2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- 3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- 4. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- 5. Any failure on Penanddiary's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- 6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- 7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Penanddiary's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- 8. The section titles in the Terms are for convenience only and have no legal or contractual effect.