THE FOLLOWING DESCRIBES THE TERMS ON WHICH NOTNEW.IN OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Notnew.in. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.Notnew.in (the "Site") (including half.Notnew.in) and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site.
Membership Eligibility AND AGREEMENT.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Notnew.in members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Notnew.in account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
You agree as a condition of use and membership that Notnew.in may contact you for the purpose of informing you of changes to this Agreement or describing new Notnew.in Services available on the Site.
Notnew.in has no responsibility to resolve disputes between users and visitors regarding posted ads using the Notnew.in's Services, or otherwise. We recommend that you contact the other Member through the "Contact" links available through your Account's main page to resolve disputes. You further agree to notify Notnew.in of any activity on the Site that you believe may be deceptive, fraudulent or misleading. DISCLOSURE OF
PERSONALLY IDENTIFIABLE INFORMATION
Notnew.in will transmit certain information about a Buyer to the Seller, and about the Seller to a Buyer, upon the Buyer's commitment to purchase the Seller's listed item through the Notnew.in's Service. You agree that you will not use or disclose to any other person or entity any part of another Member's personal information that was disclosed to you by Notnew.in for any purpose not expressly and directly related to such transaction. Furthermore, you acknowledge and accept the risk that other Members may misuse your personal information provided to them by Notnew.in, and you acknowledge and agree that Notnew.in is not in any way responsible or liable for any resulting loss, harm, injury or damage which may result from such.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the any of the Services available on the Site. You are responsible for all the activity that takes place within your Member Account, even if such activities can be demonstrated to have been performed by another person or entity. You should never share the information required to access your Member Account with anyone or allow others to use your Member Account.
You agree that Notnew.in is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Notnew.in, its subsidiaries, affiliates, co-brand partners and other partners, and their respective officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Notnew.in that arise out of any third party or governmental claim that involves, relates to, or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Notnew.in as a reseller of goods.
You agree as a Member that Notnew.in shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services.
To terminate your Member Account, you must send termination request through contact form stating that you want to terminate your account. Upon termination of your Member Account, you will still be obligated to pay any fees (or other amounts) owing to Notnew.in.
Notnew.in may terminate your Member Account by sending you notification to your e-mail address and/or by simply suspending access to your Account. If your Member Account or other privileges are terminated by Notnew.in or by you, you may be considered for reinstatement, at Notnew.in's sole discretion.
By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant Notnew.in a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Notnew.in, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. Notnew.in reserves the right to change, condense or delete any content on the Site that Notnew.in deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not perform, post or provide any information to/for the Sites:
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit.
You agree that you that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Notnew.in's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without Notnew.in's prior written consent.
Notnew.in provides a number of different services to assist you in comparison shopping for products and services on the Site. Notnew.in does not sell, resell or license any of the products listed on the Site, nor is Notnew.in acting as an agent of sale, and Notnew.in disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.
Notnew.in does not warrant that posted ad descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Notnew.in of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Notnew.in assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
This Agreement shall be governed in all respects by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by Notnew.in. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. stated above (Fees and Services) with respect to fees owed for our services shall survive any termination or expiration of this Agreement.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
Notnew.in disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). Notnew.in will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include Notnew.in removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Notnew.in regarding matters other than informing Notnew.in that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted our contact page
To be effective, your infringement notification must include the following:
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
To be effective, a Counter Notification must be a written communication provided to Notnew.in's Designated Agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Notnew.in will comply with this requirement within a reasonable time (or as otherwise required by law), provided Notnew.in's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Notnew.in's network or system.
At Notnew.in ("Notnew.in") we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information").
Notnew.in will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of Notnew.in in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) Notnew.in determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of Notnew.in, its subsidiaries, affiliates, co-brand partners or other parties under contract with Notnew.in, our users, or others; or 4) you have provided such data through a partner's private-level shopping web site hosted by Notnew.in, in which case Notnew.in may provide your personal data to that partner (Notnew.in is not responsible for its partners' privacy policies or their use, storage and processing of data collected on their web sites). In addition, Notnew.in may transmit information to a poster/merchant, such as an invoice number, which may permit the poster/merchant to deduce the identity of a user/reviewer in the event that a poster/merchant disputes a user review on the grounds that a transaction never took place between the user and the poster/merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).
In certain instances, Notnew.in may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked "optional" (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as providing necessary traffic information to our advertisers. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see.
The Site contains cookie technology, which collects non-personal information about you which is used to customize the Site for your future use.
The Site contains links to web sites of third parties. Notnew.in is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Notnew.in adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Copyrights and Trademarks
Content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by Notnew.in and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and Notnew.in has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent through the contact form.
Copyright 2016 Notnew.in. All rights reserved.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY Notnew.in ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Notnew.in MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Notnew.in SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. Notnew.in DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF NOTNEW.IN CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Notnew.in DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Notnew.in MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM Notnew.in ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Notnew.in WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.