Rediff Bol terms & conditions
1. Term of Agreement/Service:
This Agreement shall continue to be in
full force and effect for so long as you are using the Rediff Bol Services.
Rediff.com provides instant messaging services (the "Services")
pursuant to the terms and conditions set forth below. By clicking on the [Close]
button, you are agreeing to use the Services in a manner consistent with and
abide by the terms and conditions of this Agreement and with all applicable
laws and regulations. Either you or Rediff.com may terminate the service at any
time, with or without cause. However, Rediff.com reserves the right, in its
sole discretion, to terminate your access to the Rediff Bol services and the
related services or any portion thereof at any time, without notice. The
provisions of Sections 4, 11, 13 and 15 shall survive any such termination
2. Modification of Terms and conditions of
Service:
Rediff.com may at any time modify the terms and conditions (“Terms”) of the
Service without any prior notification to you. You should regularly review the
Terms. In the event the modified Terms are not acceptable to you, you should
discontinue using the service. However, if you continue to use the service you
agree to accept and abide by the modified Terms.
3. Subscriber Conduct - SPAMMING IS PROHIBITED:
Spamming includes the transmission of any form of mail that can be interpreted
as junk mail or mail generated via a distribution list, which the recipient has
not specifically requested. You agree you are solely responsible for your
content and you acknowledge Rediff Bol acts as a passive conduit for the
distribution and transmission of your data. You represent and warrant the
content you provide to Rediff Bol (a) does not infringe on any third party's
intellectual property or proprietary rights or rights of publicity or privacy;
(b) does not violate any law, statute, ordinance or regulation; (c) is not
defamatory, trade libelous, pornographic or obscene; (d) does not contain
viruses or other similar harmful or deleterious programming routines; (e) is
not aimed at hacking or attempting to use machine or network resources for
unlawful or illegal purposes or disrupting the networks related to the Service.
If you violate any of these provisions your rights to use the service will be
terminated immediately, notwithstanding penal provisions under the Indian Cyber
laws or any other allied laws enacted by the Government of India or any other
statutory, legislative or regulatory authority authorized in this regard from
time to time.
4. Registration Data:
To avail of and use the Services you will have to register with Rediff Bol. As
a part of registration process you agree to provide Rediff Bol current,
complete, and accurate registration information (the "Registration
Data") as prompted to do by the Service and to maintain and update this
information as required to keep it current, complete and accurate. You shall not (i)
select or use a member ID of another person with the intent to impersonate that
person; (ii) use a member ID in which another person has rights, without such
person's authorization; and (iii) use a member ID that Rediff.com, in its sole
discretion, deems offensive. Failure to comply with the foregoing shall
constitute a breach of this Agreement, which may result in immediate
termination of your account.
You shall be responsible for maintaining
the confidentiality of your password, which you will not be under an obligation
to reveal to any representative or agent of Rediff.com. You must not divulge
your username and or password to any other person and you should take
reasonable precautions to ensure it that other people do not discover it.
You agree and understand that Rediff Bol
Service is advertising supported and you grant Rediff.com the right to disclose
the aggregate Registration Data to third parties in connection with marketing
the Services. Furthermore, you agree and grant Rediff.com the right to use your
individual Registration Data to provide targeting of advertisements and other
Service offers.
You shall notify customersupport@rediff.co.in <mailto:customersupport@rediff.co.in> of
any known or suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your password
5. Various Features Offered:
The following is a non-exclusive list of
features that are offered to you by Rediff Bol. Rediff Bol reserves the right
to add, modify, remove or alter any of the features or services provided by
these features without any prior notification to you.
Add friends : The feature allows you to add a friend to your buddy
list. Once you have added the friend to your buddy list, you will be able to
avail of the various features listed below.
Instant Message : You can send
instant messages to your buddy whenever the buddy comes online.
Talk : You can get into a voice chat with your buddy. This voice chat is
established between PC to PC and requires a headset with a microphone on both
sides.
SMS : You can send a SMS from the messenger to a Mobile
device. This feature is available solely to Indian users in India. The Mobile user can also send a reply from his mobile to the
buddy on the messenger. This feature is possible only if Rediff has an alliance
agreement with the service provider/operator of the Mobile. Please note that you can send only
three free SMS from Rediff Bol to a specific mobile number without getting a
reply for any of the SMS you had sent. Further sending of SMS to the same
mobile number (non-responding to your SMS) will be blocked for a period of 30
days operable from the day of third SMS.
Chat : You can register a separate
nickname for yourself and enter into the Rediff Bol chat rooms. Chat room is a
place where you can chat with strangers who have already entered the chat
rooms.
Send file : You can attach and send files to your online buddy
during the process of chatting. Rediff stipulates the maximum size of the file
to be transmitted.
Send email : You can send an email to any of your buddies
Offline messages : This feature allows you to send a message to your buddy
even when the buddy is not online. Whenever the buddy comes online, he/she will
able to receive your message. The buddy may choose to delete or store the
message.
Start conferencing : This is a feature in which more than 2 buddies take part
in a chat. You can invite more than one buddy for a conversation and the typed
messages are displayed in a common window where in all the users can see their
messages at the same time. This facility is possible only when all the buddies
taking part in the conference are online.
Status reporting : This feature allows the user to inform his/her other
online buddies about his present status while using the messenger. For instance,
if the user is online and has to leave the computer for some other work, he can
change his status to “Away”. All the
other buddies who are online will be able to see this status message “ Away” besides the specific user name in the messenger
window
Change my avatar : This feature helps you to change your display image.
This display image is visible both in the chat window and in the main window.
You have the option of either making your own picture through a set of avatar
making tools provided, or can use an already existing ready-made picture or
upload your own photographs etc. You will not upload a vulgar, obscene or a
pornographic image, photograph or a picture or distort the existing image(s) or
alter any body part(s)/ combination(s) provided for the avatars available under
this service in an obscene, vulgar or pornographic manner.
Delete contacts : This option allows you to remove any specific buddy from your buddy list.
Block contacts : This feature enables you to ensure that a specific contact
/buddy is neither able to see you online nor be able to send you any messages.
Change skin : This feature enables you to change the colour of your messenger main window.
6. Data Utilized by Rediff Bol and stored by our Servers:
Our servers will
retain the personal information provided by you while registering for the
Service. Such information will be used to provide you the services requested by
you. Rediff reserves the right to use this information to disclose the
aggregate Registration Data to third parties in connection with marketing the
Services.
Our servers will
store your buddy’s ID and contact information when you add a friend to your
buddy list. This information is used to indicate the online or offline status
of your buddy.
Our
servers will retain a copy of the photos, images, graphics (including Rediff Avatars,etc) transmitted by you,
to display the same to your buddy.
Any files,
instant messages transmitted by you to your buddy may be transmitted through
our servers.
Our servers will
not save any message. However, we do provide the functions for saving and
printing the message. Even if you may choose not to save the message, your
buddy may opt to save and print the message.
You may choose to
log on to the Services as per your preferences. Unless you choose the
preference “Invisible mode”, all your online buddies will be able to see your
online status in their messenger window.
When
you transmit the file, images or graphics or voice chat with your online
buddies, your computer directly connects to your buddy’s computer and in such
event your IP address will be available to your buddy.
7. Publicity feature:
When you log on to the Service, your
messenger window may display the advertising banners. You agree and understand
that Rediff.com site may contain links to other websites that are operated by
third parties ("linked sites").
When you click on a link to visit a linked site, a frame/browser may appear
that contains the Rediff logo, advertisements and/or other content selected by
rediff.com. You agree and acknowledge that Rediff.com and its sponsors neither
endorse nor are affiliated with the linked site and are not responsible for any
content of any linked site or any link contained in a link site, or any changes
or updates to such sites. You also acknowledge that Rediff.com is providing
these links to you only as a convenience.
Rediff.com does not endorse in anyway any
advertisers/ contents of advertisers on its webpages.
You should therefore verify the veracity / authenticity of all information on
your own before undertaking, relying and acting thereupon. Rediff.com shall not
be responsible, nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.
8. Users Conduct:
You agree and understand that you shall
be solely responsible for any transmission/uploading of data, messages, files,
photographs, pictures, images, graphics or any other material (content),
whether publicly or privately and that Rediff Bol shall not be responsible for
any content posted or transmitted through the use of this service. You acknowledge
that content, including but not limited to text, software, music, sound,
photographs, video, graphics or other material contained in either sponsor
advertisements or E-mail distributed, commercially produced information
presented to you by Rediff Bol or Rediff Bol's
suppliers, is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. You are permitted to use this content as authorised by the Service or the Advertiser.
You agree and undertake that you will not
use this service to post/transmit the content that is illegal or prohibited.
The following is a non-exhaustive list of Content that is illegal or prohibited:
involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
provides instructional information about illegal activities such as making
or buying illegal weapons or arms and ammunition, violating someone's privacy,
or providing or creating computer viruses;
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
patently offensive to the online community, for instance Content that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
harasses or advocates harassment of another person;
displays pornographic, sexually explicit, obscene, vulgar or provocative
material of any kind;
Obscene/Pornographic/Vulgar/Provocative pictures or textual material
transmitted through this service;
False information displayed in order to defame or cause nuisance to Rediff.com
or its users or non-users.
any content, messages, photos or profiles that in the sole judgment of
Rediff.com violates the Terms of Use or which may be offensive, illegal, or
that might violate the rights, harm or threaten the safety of other Rediff Bol
Users/Registrants/Members or Rediff.com;
promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music, contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible page);
solicits passwords or personal identification information for commercial or
unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes;
any other
content that is deemed to be illegal or of a prohibitory nature;
YOU EXPRESSLY AGREE, UNDERSTAND
AND ACKNOWLEDGE THAT REDIFF BOL DOES NOT MONITOR AND VERIFY ANY IMAGES,
PHOTOGRAPHS, CONTENT UPLOADED THROUGH REDIFF BOL. YOU SHALL NOT UPLOAD ANY
OBSCENE/VULGAR/PORNOGRAPHIC IMAGES, PHOTOGRAPHS, PICTURES OR CONTENT. YOU SHALL
ALSO NOT UPLOAD ANY IMAGES THAT ARE DEFAMATORY OR DEROGATORY TO ANY PERSON,
ESTABLISHMENT, ORGANISATION, SYMBOL OR LOCALE. IN THE EVENT YOU COME ACROSS ANY
SUCH OFFENDING CONTENT YOU AGREE TO INITIMATE THE SAME TO REDIFF.COM
IMMEDIATELY AT abuse@rediffmail.com
YOU ALSO CLEARLY UNDERSTAND THAT
ANY BREACH OF THESE TERMS AND CONDITIONS AND APPLICABLE LAWS MAY INVITE SERIOUS
CIVIL OR PENAL CONSEQUENSES WHICH MAY INCLUDE FINES AND/OR IMPRISONMENT
You must use the Service in a
manner consistent with any and all applicable local, state, Indian and
International law and such other applicable laws, rules and regulations.
Illegal and/or unauthorized use of
the Service, including unauthorized framing of or linking to the Rediff Site
will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal and injunctive redress.
9. Privacy:
Rediff Bol will not intentionally monitor or disclose any private messages or
address information unless required by law, regulation or court order. You
agree to respect the privacy and confidentiality of others.
10. Personal Use & Security:
You acknowledge your right to use the Service is personal to you. You agree not
to resell or make any commercial use of the Service without the express consent
of Rediff Bol. You are entirely responsible for not maintaining the
confidentiality of your password and account. You shall be fully liable for all
use of your account, including any unauthorized use of your account by any
third-party.
11. Indemnification:
You agree to defend, indemnify and hold harmless Rediff Bol and Rediff.com, its
employees, directors, officers, agents and their successors and assigns from
and against any and all claims, liabilities, damages, losses, costs and
expenses, including attorney's fees, caused by or arising out of claims based
upon the use of your account, including any claim of libel, defamation,
violation of rights of privacy or publicity, loss of service by other
subscribers and infringement of intellectual property or other rights.
12. Disclaimer of Warranties:
REDIFF.COM
EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY,
PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN
THE REDIFF SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. REDIFF
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU AGREE THAT ANY CONTENT OR MATERIAL
TRANSMITTED AND OR DOWNLOADED THROUGH THE USE OF THIS SERVICE WILL BE AT YOUR
SOLE RISK AND THAT REDIFF.COM SHALL NOT BE RESPONSIBLE FOR ANY HARM OR DAMAGE
RESULTING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
TRANSMISSION OR DOWNLOAD.
YOU SPECIFICALLY
AGREE THAT REDIFF SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN REDIFF
SITE/SERVICE. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT REDIFF IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN REDIFF
SITE/SERVICE BY ANY THIRD PARTY.
ADVICE RECEIVED
VIA THE REDIFF SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
13. Limitation of Liability:
REDIFF.COM HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE.
REDIFF.COM EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING
OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR
ALTERING OR DISTORTING THE IMAGE OF ANY AVATAR(S) AVAILABLE UNDER THIS SERVICE
IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU
SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT REDIFF.COM RESERVES THE
RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING
PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED
BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY
AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.
IN NO EVENT SHALL REDIFF.COM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
REDIFF SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST
PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF REDIFF.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE REDIFF
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 REDIFF SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE REDIFF
SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF REDIFF OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. REDIFF DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/
CONTENTS OF ADVERTISERS ON ITS WEBPAGES. PLEASE THEREFORE VERIFY THE VERACITY
OF ALL INFORMATION ON YOUR OWN BEFORE UNDERTAKING RELIANCE AND ACTIONING
THEREUPON. REDIFF SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY CONSEQUENTIAL
DAMAGES ARISING ON ACCOUNT OF YOUR RELYING ON THE
CONTENTS OF THE ADVERTISMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Entire Agreement:
If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed to be
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Rediff with respect to
the Rediff sites/services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Rediff with respect to the Rediff sites/services. Rediff.com's
failure to act with respect to a breach by you or others does not waive its
right to act with respect to subsequent or similar breaches.
15. Governing Law and Jurisdiction:
This agreement
is governed and construed in accordance with the Laws of Union of India. You
hereby irrevocably consent to the exclusive jurisdiction and venue of courts in
Mumbai, Maharashtra,
India, in all
disputes arising out of or relating to the use of the Rediff sites/services.
Use of the Rediff sites/services is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree to indemnify and hold Rediff,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Rediff
sites/services.
Rediff performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Rediff's
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Rediff sites/services or information
provided to or gathered by Rediff with respect to such use.