The following are the “Terms and Conditions of Use” (here-in-after referred to as an "Agreement"), applicable to your use of http://www.urbanhomez.com (hereinafter referred to as "website"), which provides directory services and promotes business between Construction Companies, Contractors, Service Providers, Suppliers and Buyers in India and Globally. It is an agreement between you as the User(s) of the web site (the "User(s)") and Valion Infosystems Private Limited (hereinafter referred to as "Valion").
Before you subscribe to and/or begin participating in or using web site, Valion believes that user(s) have fully read, understood and accept the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
I. WEBSITE- MERELY A VENUE/PLATFORM
Web site acts as a mere platform for our members to discover each other, communicate, and negotiate/interact for buying, selling and other business services.
We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Valion and other party.
II. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Valion. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our services.
Valion advises its users that while accessing the web site, they must follow/abide by the related laws. Valion is not responsible for the possible consequences caused by your behavior during use of web site. Valion may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
III. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all Valion services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
IV. AMENDMENT TO USER(S) AGREEMENT
Valion may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
V. INTELLECTUAL PROPERTY RIGHTS
Valion is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Valion, its affiliates or licensor's of Valion’s content, as the case may be.
All rights not otherwise claimed under this agreement or by UrbanHomez.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Valion does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Valion be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The information presented here has been compiled from publicly aired and published sources. Valion respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities.
Valion is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post thousands of trade leads for items on the website each day - have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. Valion is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Valion is not endorsing a claim of infringement. Neither, in those instances in which Valion declines to take down a listing, is Valion determining that the listing is not infringing, nor is Valion endorsing the sale of goods in such cases.
Valion respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the "Valion content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Valion, or otherwise commercially exploiting the Valion content. Systematic retrieval of Valion content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Valion is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Valion's services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Valion reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Valion service, or if Valion believes that user(s) conduct is harmful to the interests of Valion, its affiliates, or other users, or for any other reason in Valion's sole discretion, with or without cause.
"UrbanHomez","UrbanHomez.com", "ConstructionMarkets.com", "ConstructionMarkets" and related icons and logos are registered trademarks or trademarks or service marks of Valion in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this web site is the copyright of Valion except the third party content, images/photos and link to third party web site on our website.
UrbanHomez.com claims no credit for any images or photos posted on this site unless otherwise specified. Images on this site are contributed, uploaded and shared by anonymous or registered users and are copyright of their respectful owners. If there is an image appearing on this site that belongs to you and is in violation of your Copyright or Licensing terms and you do not wish for it to appear on this site, please e-mail with a link to said image to firstname.lastname@example.org and it will be promptly removed by us.
URL's/Sub-Domain Names assigned by Valion to its users (which includes both paid and free) is the exclusive property of Valion and it cannot be assumed to be permanent in any case. Valion reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, Valion WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
VI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and Valion does not have any control over such sites i.e. content and resources provided by them.
Valion may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Valion believes that user(s) acknowledge that Valion has no control over such third party's site, does not monitor such sites, and Valion shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Most of the content and some of the features on the web site are made available to visitors free of charge. However, Valion reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. Valion also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Valion and/or other visitors to the web site. Valion reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
Valion withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) if it concludes that the user(s) has/have provided any false information in connection with the member account to Valion, or are engaged in fraudulent or illegal activities.
(b) The user(s) is/are in breach of any provisions of the terms and conditions of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish the same product information.
(d) Post any material to a member that is not related to international trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form.
(f) any unauthorized access, use, modification, or control of the web site data base, network or related services.
(g) Obtain by any means, web site member's user name and/or password.
If Valion terminates user(s) membership, user(s) will not have the right to re-enroll or join Valion under a new account or name unless formally invited to do so by Valion. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
VIII. REGISTERED USER(S)
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, company name, contact information, details of its business, etc.). Valion will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Valion during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Valion to use and share such information with other user(s). Valion may refuse registration and deny the membership to any user for whatever reason. Web site may suspend or terminate a registered membership at any time without any prior notification in interest of Valion or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of Valion in any way.
IX. DATA PROTECTION
X. POSTING YOUR CONTENT ON WEBSITE
Most of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the web site using the self-help submit and edit tools provided at the respective section. Valion in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither Valion nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. Valion is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, Valion is not responsible for the conduct of user(s) activities on the web site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
User(s) solely represent, warrant and agree to:
(a) provide Valion with true, accurate, current and complete information to be displayed on the web site and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete.
User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Valion to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the web site (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the web site or provide to web site or authorize the web site to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) hereby represent, warrant and agree that information submitted to Valion for display on the web site will not:
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other User(s) of the web site or for any other unlawful purpose;
- Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with Valion;
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
- Otherwise create any liability for Valion or its affiliates.
Valion reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the web site which it reasonably believes is unlawful, could subject Valion to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in Valion's opinion. Web site reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrong doing.
In connection with any of the foregoing, web site may suspend or terminate the Account of any User as web site deems appropriate in its sole discretion. User(s) agree that web site shall have no liability to any User(s), including no liability for consequential or any other damages, in the event web site takes any of the actions mentioned in this Section, and that you agree to bear t