Terms & Conditions

Terms & Conditions of Use
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ACCEPTANCE OF THIS AGREEMENT:

This is an agreement between you ("you" or "your") and Sumonto.Com ("Sumonto.Com,", "we," or "our") that governs your use of the Sumonto.Com Web site ("Site" or "Web site")." When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").
By browsing any portion of the Shopping Links Section of the website Sumonto.Com, you agree to be legally bound by these terms, which shall take effect immediately on your first use of this website.
If you do not agree to be legally bound by all the following terms please do not access and/or use the Shopping Links Section of Sumonto.Com website.

MODIFICATIONS:

We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. Sumonto.Com may change these terms at any time via our online service. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of Sumonto.Com website and/or any portion thereof after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
It is your responsibility to monitor such changes or alterations and abide by additions or changes to policies etc.

USE OF OUR MATERIALS:

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects on the SUMONTO.COM Web site.
We provide the information, content or advertisements (which we collectively call the "Materials") on the SUMONTO.COM site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
Accordingly, You may view, use, copy, and distribute the Materials found on SUMONTO.COM Web sites for internal, noncommercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the SUMONTO.COM Web site. You may not use the SUMONTO.COM Web sites to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by SUMONTO.COM, its subsidiaries, parent companies, and/or any third party owner of such rights.
Some contents of this site may have different licensing terms. The same is indicated below each of such content.

GENERAL:

Sumonto.com is large and may comprise of several sections, each of which may have Additional Terms & Conditions of Use.
Each section at Sumonto.com is separate from the other sections and has its own membership and requires separate log in by individual members to each different sections.
A member of a section of Sumonto.com does not automatically become a member of the other sections of Sumonto.com unless he or she applies for and obtains a separate membership of each of the available sections.
Sumonto.Com also means and includes its sub domains or any other domain name or domain names whether used as a main or sub domain with various international domain suffix, by Sumonto.Com management.

The Terms & Conditions contained in this website under each section should be read together with the Policies, Disclaimers, Privacy Statements & Applicable laws and together forms a comprehensive set of Rules & Regulations of Sumonto.Com
Before using any section at Sumonto.com or any of its subsidiary websites or sub domains, please also read the Additional Terms & Conditions pertaining to the section and the Policies adopted by Sumonto.com for that section.
All Terms & Conditions and Policies at Sumonto.com are reviewed by Sumonto.com management from time to time and if thought proper they are modified and the latest version of all such Terms & Conditions and/or Policies are published in the appropriate section of the Sumonto.Com website.
No individual intimation of any change of any Policies, Terms & Conditions are provided to individual members or other users of Sumonto.com website.
You agree and accept that it is your responsibility to see the latest and entire Terms & Conditions and Policies adopted at Sumonto.com website each time you use any service that is provided by Sumonto.com website.
Certain contents available on this site have different licensing terms depending on the source of such contents. Such contents normally would have attributes disclosing its source.
At Sumonto.com no right is provided to any user or member for any purpose whatsoever, and all facilities that are provided to any user or member is a privilege and not a right by any means, even if a user member is required to pay for such a service.
You agree that for the benefit of all users, the use of any module or feature at Sumonto.com, by you, shall be in accordance with the purpose and policies adopted for that module and you shall not abuse the Policies applicable to each of the Modules and/or Features in any manner.
Further, you also agree that you shall make no attempt to use any Module or Feature at Sumonto.com in any manner otherwise than with the purpose and Policies applicable to such a Module. For example: You agree that you shall not use the Discussion Forums to advertise for promoting your Business. It should only be used for genuine discussions on any lawful topics. However, if you are representing any Organisation you may use your business logo in your signature.
Sumonto.com is a private website with international access privileges and its Rules & Regulations are governed and controlled by its management at its absolute discretion.

OUR POLICIES:

In general our Policies for use of various features and sections of the website Sumonto.com is stated in the Policy Section at the bottom portion of this page, and forms part and parcel of these Terms & Conditions.

LINKS TO OTHER WEBSITES:

Sumonto.com chooses its links to other Web sites carefully. However, Sumonto.com is not responsible for the content or privacy practices of websites operated by third parties that are linked to or from Sumonto.Com Website.
These links are meant for the users/visitors convenience only. Links to third party websites do not constitute sponsorship, endorsement, or approval by Sumonto.com of any content, policies or practices of such websites. Once you have left Sumonto.Com's Website via such a link, you should check the applicable terms of use and privacy policy of the third party website.
Sumonto.Com Website may also be linked to or from Websites operated by companies which may or may not be affiliated with Sumonto.Com. Visitors to those sites should refer to their separate terms of use, privacy policies and practices.

CONDUCT OF USERS

Materials:

a. You shall not post or transmit any defamatory, threatening, obscene, harmful, pornographic or other unlawful material as contents or otherwise which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation. Sumonto.com will fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity of anyone posting any such emails or materials. Further, you shall not post or transmit through Sumonto.com any material which solicits funds.
b. You shall not upload, post, or otherwise make available on Sumonto.com Websites any content and/or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such copyright, trademark or other proprietary interest.
c. You shall not upload, post or transmit through Sumonto.Com Website any chain letters, pyramid schemes, or spamming of the same message to multiple boards or platforms.
d. By posting messages, uploading files, inputting data, or engaging in any other form of communication through Sumonto.Com Websites, you hereby agree and acknowledge that your participation in Sumonto.com's Web sites shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and Sumonto.com other than the contractual relationship entered into between you and Sumonto.com by virtue of your agreement to the Terms & Conditions of Use.
e. You shall not place any affiliate link or self identification code or tags or similar content on this website on your behalf or on behalf of any third party as an affiliate of any third party, with the intention of benefiting from our user's or visitor's clicking your contents/links or from conversion of any clicks into deals or purchases through those contents or links.

VISITOR'S OBLIGATIONS:

a. In consideration for your use of and access to Sumonto.com Website, you agree that in no event will, Sumonto.Com. its affiliated or related entities, its content providers or any other party involved in creating, producing or delivering this Website or any website linked to or from this Website, be responsible or liable to you or entity in any manner whatsoever (including, but not limited to, persons who may use or rely on such data or materials or to whom such data and materials are furnished) for any loss, damage (whether actual, consequential or punitive), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from any information provided in Sumonto.com website, or arising from any decision made or action or non-action taken by you or any other person in reliance upon the information provided through Sumonto.com Websites, even if you advise Sumonto.com of the possibility of any claims or damages.
b. You, as a visitor and/or user of Sumonto.com's website, agree to defend, indemnify, and hold harmless, Sumonto.com, its parents, management, subsidiaries, and affiliated businesses and companies and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys' fees) arising out of your use of the website, or arising out of any violation of laws or these Rules of Conduct committed by you, including, without limitation, any communication by you which is claimed to be defamatory, obscene or otherwise unlawful, or which is claimed to violate the copyright, trademark, proprietary or other rights of third parties, or which constitutes a submission of materials.

TERMINATION:

Sumonto.Com Administrator shall have the right and liberty to immediately terminate your use of the Sumonto.com websites, if it determines, in its sole discretion, that you have violated the Rules of Conduct set forth herein or otherwise breached this agreement, or have engaged in conduct which determines, in its sole discretion, to be unacceptable. Failure by the Administrator at Sumonto.Com to act upon as stated above shall not be construed as acceptance of your conduct or waiver by Sumonto.Com management of its rights to take appropriate steps including but not limited to seek legal action in the Court of Law and/or report and pursue the matter with the law enforcement agencies. While Sumonto.com recognizes that its comment system, message boards and review system may be regarded as a public forum, it is not applicable as a venue of free speech. Sumonto.com reserves the right to remove any postings to our message boards or Forums at our sole discretion.

SECURITY MEASURES:

For site security purposes and to ensure that this service remains available to all users, Sumonto.Com shall be entitled to take all provisions including the use of computer system software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage to Sumonto.com or its users.
For website security purposes and to ensure that this service remains available to all users, Sumonto.Com's computer system may be using software programs not stated herein above to monitor network traffic to identify any unauthorized and/or illegal attempts to upload or change information, or otherwise cause damage. In these cases,Sumonto.Com reserves the right to take all appropriate measures it thinks fit and proper (including but not limited to measures to identify the source including personal identification of the individual/group involved in such illegal attempts), whatsoever to protect the interests of Sumonto.Com website.

BROWSING:

Subject to the Terms & Conditions stated herein, any visitor at Sumonto.com is welcome to browse the various permissible sections of the website, absolutely free of any charges. Ordinary visitors or users of Sumonto.com website are not required to physically sign-up or sign-in and specifically accept all our Terms & Conditions. Browsing any section of the Sumonto.Com website, by any user will automatically imply his/her consent to all such Terms & Conditions as stated in the website and their acceptance by the said user.
If any user or visitor does not agree to any of our Terms & Conditions, he or she should not browse this website or use it in any other manner nor should the visitor use, negotiate or deal with any item or other contents contained at our website, in any manner whatsoever.
Ordinary visitors or users of Sumonto.com website have limited privileges and their access is restricted to a limited portion of the website.
The restrictions and/or limitations imposed on Ordinary Visitors or Members and privileges granted to ordinary users and/or members shall depend on our Policy which is part and parcel of these Terms & Conditions and stated in the Policy section of Sumonto.com website.

VERIFICATION:

Each item/listings and or other content at Sumonto.com is published on good faith and for the benefit of our users. You agree that it is not practically possible for us to verify the genuineness and/or accuracies of each and every item and/or other content that is submitted and/or published at Sumonto.com. Items and/or other contents are made by members and/or affiliates from all over the world and/or obtained from third party sources. We do not make any verification of any submission of items and/or other contents made at Sumonto.Com. Most items, comments and/or other contents are approved by the Sumonto.com Administrator based on purely on good faith. You agree and accept that you will not hold Sumonto.com, its management, staff, and agents liable or responsible in any manner for the contents contained in any item and/or other contents and/or comments made by other members. Before using the services of any item and/or other contents you agree to take necessary precaution and to verify the contents and its genuineness and/or accuracies and you alone shall be responsible for your use of such items and/or other contents.

REPORTING:

In the event any item and/or other content to be in appropriate, you are free to report the matter to us over email at webmaster@Sumonto.com. In case of any inappropriate content submitted by a Member we are at liberty to seek explanation from the Member/Content Provider and grant him or her appropriate time to respond to the complains and thereafter if necessary edit, delete or discard such items and/or other contents and in the extreme terminate the membership of the content submitter and/or if necessary take appropriate legal action, at the absolute discretion of Sumonto.com's Management.
However, in the case of any inappropriate content submitted by third party sources and/or affiliates, we shall delete such content, in the event we find it inappropriate and you agree that the administrator at Sumonto.Com is the sole authority to decide such matter at its absolute discretion.
Sumonto.com management shall always be at liberty to report any unlawful matter to the appropriate law enforcement agencies and/or initiate legal proceedings against any such person or persons engaged in any unlawful activities.
In case of complains of serious nature the Administrator may take immediate steps to suspend such item(s) and/or other contents and also if necessary suspend the member who submitted such item(s) and/or other contents until the matter is decided by the Administrator.
Irrespective of anything stated herein before, nothing stated above shall in any manner prevent you from reporting any act of criminal nature in respect of any submission and/or item and/or other contents to the law enforcement agencies or otherwise initiate legal proceedings against the alleged unlawful item provider in accordance with the provisions of law.
You also agree that in the event of your using, browsing, discussing, opposing, negotiating, contacting or dealing in any item and/or other content contained at Sumonto.com, it will automatically imply your full acceptance and consent to all our Terms & Conditions contained in this website.
You also agree and accept that Sumonto.com management, staff, agents, contractors or service providers are providing a service of public benefit through its website and you shall not involve Sumonto.com, its management, agents and/or staff in any such reporting or legal proceedings, as the case may be or hold us responsible or liable in any manner whatsoever.
You also agree that you shall not make us a party to any legal proceedings in any court or other legal forums and in the event you do so, you agree to pay us in non-refundable advance, an amount equivalent of US $.1, 00,000.00 as pre-determined advance litigation charges. All subsequent expenses will also be paid and borne by you within 30 days of receipt of bill(s) and in advance payment as per bills to be provided to you by Sumonto.com management.
Further, you also agree that if you violate any clause contained in this website you shall be liable to pay us appropriate compensation and/or damages, costs and/or face other legal consequences.
You also agree and accept that all legal proceedings involving Sumonto.com as a party and/or its management, staff, agents and/or service providers shall have its exclusive jurisdiction in the Courts located in Calcutta (now called Kolkata) in India alone and nowhere else.

POSITIONING/RANKING:

All Rankings of Items and/or other contents in the Sumonto.com Modules are dynamic and constantly changing based on certain factors as per policies adopted by us.
You agree and understand that positioning or ranking of any item and/or content at Sumonto.com website is based on our item ranking policy and does not in any way mean our endorsement of any such item or its contents. Ranking or positioning also does not in anyway mean that a item listed higher is in any way better or inferior to the other items placed under the same category or location or in anyway speaks of its quality.
You also agree and understand that positioning or ranking of any Listed Item at Sumonto.com is based on our adopted policies and does not in any way mean our endorsement of any such item or its contents.
Ranking or positioning also does not in anyway mean that an item with higher ranking is in any way better or inferior to the other listed items placed under the same category or location or in anyway speaks of its quality, accuracy or genuineness.
It is quite possible that a item lower in ranking for any category may well be better in quality or vice versa.
As a user member you are free to go through each items and use the items that are most appealing to you after due inquiries as to its genuineness and/or accuracy.
At Sumonto.com we encourage and request our users to visit as many items as they want and thereafter make an informed judgment.
At Sumonto.com we do not claim that our ranking system is accurate and free from spam entries by some of our members/users.
However, we do our best within the limits of our capacity to detect spam entries and discard their items and/or other contents and constantly endeavor to provide quality items in all our Modules.

MEMBERSHIP:

Sumonto.com is a vast website with multiple sections and features. Each section at Sumonto.com is separate from the other and has its own members and requires separate registration and log in by individual members.
A member of Sumonto.com Bookmarking Website/Portal is not automatically a member of Sumonto.com Shopping Links Website/Portal or any other section unless he or she applies for and obtains a separate membership of the other sections.
Also, membership username and/or password are separate for each section of Sumonto.com website and any username or password for one section will not work for the other sections unless any member is able to successfully register himself or herself in all the sections separately with any password and username prior to any other member doing so. In such event also a member has to separately login to every section and any logged in status or cookies from one section will not be carried over to the other section during browsing.
At present, Sumonto.com website provides free membership to all individuals above the age of 18 years, organisations or corporate bodies who chooses to apply and fulfills the requirement for that section. You also need a valid email ID to enable you to register in any section of Sumonto.com website.
Sumonto.com reserves the right to accept or deny any such request for membership.
That apart, Sumonto.com management reserves the right to cancel or terminate any membership at any point of time without assigning any reason. Once granted and subject to the other Terms & Conditions each standard membership is for a limited period of one year only and may be extended by Sumonto.com management from time to time for any period or duration of time at one stretch, as it thinks fit and proper at its absolute discretion. Unless terminated or cancelled by Sumonto.com all memberships shall continue to exist.
However, subject to our Terms & Conditions members are entitled to cancel or terminate their membership at any point of time.
Memberships at Sumonto.com and its privileges are non transferable.
All memberships are subject to the Terms & Conditions stated at Sumonto.com. There are several levels of memberships possible at Sumonto.com website. At present all members (other than management class members) are allotted Standard Memberships. Certain Members are given Privileged Membership. Such Memberships are granted only through Invitation.
For certain specified sections or Modules, Special Membership may be granted with certain additional Privileges to some Members. Special Membership under any module is granted only through invitation by Sumonto.com management.
Members at Sumonto.com website have more privileges than a non-members and their access level is more compared to a non-member. Each Standard Member of the Sumonto.com. Members are also entitled to place any lawful comment in our website to any item.

CONTENT ITEMS/LISTINGS:

Sumonto.com is a web based platform that also allows placement or submission of listings, related to promoting Shopping Links by its Members.
Listings and other Contents are collected from members and/or third party sources. They may include Listings, Articles, Forums, Blogs, Image Links, Affiliate Links and Video Links.
News Items may include: News Items in Text, Image, Video, Podcast etc.
All of them may run simultaneously and can be viewed by users on the internet through the use of browsers. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Sumonto.com disclaims all responsibility and liability for the accuracy, legality, availability, timeliness, security or reliability of the Service.
Sumonto.com also reserves the right to modify, suspend or discontinue the Service or any part thereof with or without notice at any time and without any liability to you or any other party.
Sumonto.Com Administrator reserves the right to accept or deny the publication of any such item and/or any other content at its exclusive and absolute discretion. Approval (both Intentional and Automatic) of any item and/or other contents shall not be deemed to be an endorsement of the said item and/or any other content by the Sumonto.Com Administrator.
Each item and/or any other content at Sumonto.com are published on good faith and for the benefit and enjoyment of our users. You agree that it is not practically possible for us to verify each and every item and/or other contents that are submitted at Sumonto.com. Sumonto.Com may not make any verification of any submission of items and/or any other content made at Sumonto.com. Each Item and/or any other content will normally be published for a period of One Year and may be extended by the Administrator, for such period or period as it thinks fit and proper. The Administrator reserves the right to edit, withhold, discard or delete any item and/or any other content at any time of its publication even after it is approved by the system initially without assigning any reason to the submitter of the item and/or any other content.
No member shall submit any item and/or any other content which is false or unlawful in any manner whatsoever. Members shall be solely and entirely responsible for all items and/or any other content submitted by him or her.

JURISDICTION:

Sumonto.Com is operated and managed by M/s. Micro Consortium located in Calcutta (Kolkata) India and you agree that the Courts in Calcutta/Kolkata shall alone have exclusive jurisdiction to try and entertain all disputes arising out of any services provided at Sumonto.com or in any other matter connected to Sumonto.com and its websites.
Central Government Statues, in India, and Local Statues in the State of West Bengal, India, shall govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and Services.

LAWFUL USE:

The Service is made available to you for lawful use only. You must be at least eighteen (18) years of age to use this Service. If you are representing any organisation or corporate body you must have appropriate authorization to represent such organisation or corporate body, as the case may be. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. Sumonto.Com reserves the right to refuse service to anyone at any time without notice for any reason.

PROPER USE:

You agree that you are responsible for your own communications and listings and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, false, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise unlawful and/or objectionable as reasonably determined by Sumonto.com Administrator; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state, central and/or federal penalties and other legal consequences. Sumonto.com reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

INTELLECTUAL PROPERTY RIGHTS OF CONTENTS:

Listings and Contents in the Shopping Links Section of Sumonto.com are provided by our members and/or third parties.
The contents are protected by Copyright and other applicable laws.

REPRESENTATIONS and WARRANTIES:

You represent and warrant that (a) all of the information provided by you to Sumonto.com to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

PRIVACY:

As a condition to using the Service, you agree to the terms of the Sumonto.com Privacy Policy as it may be updated from time to time. Sumonto.com understands that privacy is important to you. You do, however, agree that Sumonto.com may monitor, edit or disclose your personal information, including the content of your emails, if required to do so, in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Sumonto.com Privacy
Policy.
Personal information collected by Sumonto.com may be stored and processed in Australia, Canada, United States, India or any other country in which parent company Sumonto.Com or its agents may maintain facilities. By using Sumonto.Com, you consent to any such transfer of information outside of your country.

INDEMNIFICATION:

You agree to hold harmless and indemnify Sumonto.Com, its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, torts, litigation costs and attorneys' fees, of every kind and nature. In such a case, Sumonto.Com will provide you with written notice of such claim, suit or action.

GENERAL DISCLAIMERS:

Access to and use of the Sumonto.Com website is provided subject to these Disclaimers. Please read these Disclaimers carefully as the Use of this Website constitutes acceptance of these Disclaimers

Disclaimer of Liability:

Neither Sumonto.Com, nor any its management, staff, agents or employees, shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event Sumonto.Com, its management, staff, agents or its employees shall be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

Disclaimer of Warranties:

Although the data found using the Sumonto.Com's access systems have been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. Sumonto.Com provides this information on an "as is" basis. All warranties of any kind express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed.
Changes may be made periodically to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from any of the Sumonto.Com's web pages through a source other than the Sumonto.Com web pages, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out of date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to Sumonto.Com webmaster.

Disclaimer of Accuracy of Data:

The user expressly agrees that use of the Sumonto.Com's web site is at the user's sole risk. Sumonto.Com does not warrant that the service will be uninterrupted or error free. The documents, including forms and publications, published on this server could contain technical inaccuracies or typographical errors. Changes may be made periodically to the laws, administrative rules, releases and similar materials; these changes may or may not be incorporated in any new materials on the web site. However, existing documents will not be revised to incorporate changes occurring after the publication date. If you have obtained information from a source other than the Sumonto.Com website, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to the Sumonto.Com Webmaster.

Disclaimer for Endorsement:

The Sumonto.Com web pages also act as a distributor of content sometimes supplied by affiliates, third parties and users or members. Any opinions, listings, advice, statements, services, offers, or other information or content expressed or made available by affiliates, members, third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Sumonto.Com and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by Sumonto.Com

Disclaimer for External Web Links:

Sumonto.Com is not responsible for the contents of any off-site pages referenced. The user specifically acknowledges that Sumonto.Com is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from Sumonto.Com's web pages on the World Wide Web to other sites do not constitute an endorsement from Sumonto.Com. These links are provided as an information service only. It is the responsibility of the web user to evaluate the content and usefulness of information obtained from other sites. Since Sumonto.Com is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.
When you link to another site, you are no longer on Sumonto.Com's web site and this Privacy Notice and the Terms & Conditions will not apply. When you link to another web site, you are subject to the privacy policy of that new site.

Disclaimer for Data Access:

Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, home pages, and files are reorganized. The user expressly agrees that use of Sumonto.Com's web site is at the user's sole risk. Sumonto.Com does not warrant that the service will be uninterrupted or error free. The documents and related graphics published on this server could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Sumonto.Com may make improvements and/or changes in the information and/or programs described herein at any time.

Disclaimer of Posted Contents:

Although we encourage publishing of contents (Data, Advertisements, Banners, Items etc) directly from the beneficiary Organisation and/or Individual, it is not always possible to do so. Accordingly, for the benefit of the Users and the Beneficiaries, we may accept data, advertisements, banners, items etc from third party agents and/or agencies, and user members. At times we may also publish data, advertisements, banners, items etc on a complementary basis for short period of time to encourage the beneficiary organisation and/or individual to advertise with us later on based on the results of the complementary promotions. However, all the Disclaimers stated herein above still applies to all contents irrespective of its origin (direct or through third party), nature (complementary or paid up).

Disclaimer for Advertisement/Item Contents :

All advertisements, listed items and/or affiliate contents in this website are published on good faith without any verification and Sumonto.Com does not in any way guarantee the accuracy, genuineness or bona fide of any advertisement published in this Website and/or in Websites to which links have been provided from the site Sumonto.Com. Users should do their own research and use their own judgment and discretion before using any advertisement contents and/or other contents provided in or through the site Sumonto.Com. Sumonto.Com shall not in any way be held responsible or liable in case the use of any advertisement contents and/or any other contents provided in the site results in any damage, harm or losses to any user, in whatsoever manner.

LOCAL REGULATIONS:

Sumonto.Com controls and operates this website from its facilities in Kolkata/Calcutta, India, while possibly being hosted elsewhere and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

ESSENCE:

The failure of Sumonto.Com to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction within the State of West Bengal, India, finds any provision of the Terms of Use 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 Terms of Use remain in full force and effect. This shall always remain the primary essence of this understanding between the parties herein.

TIME LIMITATION:

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) Month after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

SOLICITATION PROHIBITED:

Sumonto.Com Services may contain e-mail services, bulletin board services, chat areas, news groups, blogs, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will NOT:

* Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
* Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
* Use any material or information, including images or photographs, which are made available through the Sumonto.Com Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses and/or Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading others with unlawful intension or motive.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a Sumonto.Com Service(s) or other user or usage information or any portion thereof.

Sumonto.Com has no obligation to monitor the Contents and/or the Communication Services. However, Sumonto.Com reserves the right to review materials posted to a Module and/or to a Communication Service and to remove any materials in its sole discretion. Sumonto.Com reserves the right to terminate your access to any or all of the Communication Services and/or Modules at any time, without notice, for any reason whatsoever.
Use of the Website Sumonto.Com information technology system to send unsolicited and/or unrelated faxes and e-mail to Advertisers and/or Users of the website is Strictly Prohibited. E-mail addresses of persons and or Organisations and other contact details are provided in this website for specific purposes only and should not be misused for any other purpose.

ADVERTISEMENTS AND PROMOTIONS:

Sumonto.Com may run advertisements and promotions from third parties and/or affiliates and/or its members on the website. The manner, mode and extent of advertising by Sumonto.Com is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Sumonto.Com found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Sumonto.Com is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Sumonto.Com advertisers on the website.

No ILLEGAL OR PROHIBITED USE:

As a condition of your use of the Sumonto.com websites and/or services, you will not use the Sumonto.com websites and/or services for any purpose that is unlawful and/or otherwise prohibited by these terms, conditions and notices. You may not use the Sumonto.com websites and/or services in any manner that could damage, disable, overburden, or impair any Sumonto.com website and/or Services (or the network(s) connected to any Sumonto.com website and/or Service(s)) or interfere with any other party's use and enjoyment of any Sumonto.com website and/or service(s). You may not attempt to gain unauthorized access to any Sumonto.com website and/or any portion thereof and/or Service, other accounts, computer systems or networks connected to any Sumonto.com website and/or service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sumonto.com websites and/or Services.

SPAM EMAILS AND POSTINGS:

You agree that Sumonto.com would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that Sumonto.com is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Sumonto.com reserves the right to block, filter or delete unsolicited e-mail.

ACCOUNTS & SECURITY:

If any of the services on the website requires you to open an account, you must complete the registration process by providing Sumonto.com with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will be responsible to forthwith modify the initial password (if any) given to you by Sumonto.Com. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Sumonto.com immediately of any unauthorized use of your account or any other breach of security. Sumonto.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sumonto.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to Sumonto.com's display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or Sumonto.com has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Sumonto.com may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment that you incur in order to use the services.

CONTENT/MATERIALS/REVIEW/COMMENT POSTINGS:

Conduct of Users:

a. You shall not post or transmit any defamatory, threatening, obscene, harmful, pornographic, racial, hatred or other unlawful material as contents or otherwise which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate federal or local law or regulation.
Sumonto.com will fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity of anyone posting any such emails or materials.
Further, you shall not post or transmit through Sumonto.com Discussion Forums any material which solicits funds.
b. You shall not upload, post, or otherwise make available on Sumonto.com Websites any contents and/or material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary interest.
c. You shall not upload, post or transmit through Sumonto.com's Website any advertisements, chain letters, pyramid schemes, or spamming of the same message to multiple boards or platforms.
d. You shall not use the Sumonto.com Discussion Forums as a platform for Advertisement and/or Spam Posting.
e. By posting messages, uploading files, inputting data, or engaging in any other form of communication through Sumonto.com's Websites, you hereby agree and acknowledge that your participation in Sumonto.com's Websites shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and Sumonto.com other than the contractual relationship entered into between you and Sumonto.com by virtue of your agreement to the Terms & Conditions of Use.

MONITORING OF MATERIALS:

Changes may be periodically incorporated into this Site. Sumonto.Com may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice.
We are under no obligation to monitor the material residing on or transmitted to this Site. However, anyone using this Site agrees and accepts that Sumonto.Com may monitor the Site contents periodically to
1. comply with any necessary laws, regulations or other governmental requests;
2. to operate the Site properly or to protect itself and its users. Sumonto.Com reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

DELETIONS FROM SERVICE:

Sumonto.Com will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Sumonto.Com reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Sumonto.Com, may be, defamatory, infringing or violate of applicable law. Sumonto.Com reserves the right to exclude Material from the Site. Materials submitted to this website for publication on the Site may be edited for length, clarity and/or consistency with Sumonto.Com Editorial Standards.

INDEMNIFICATION:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

INTELLECTUAL PROPERTY COMPLAINTS:

We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Materials on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us:

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
* A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
* A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please e-mail this information to webmaster@Sumonto.Com.

VALUE ADDED SERVICES:

INTERNET ADVERTISING:

SCOPE:

This is a contract (referred to herein as this "Agreement") between Sumonto.Com (hereinafter referred to as "us", "we" and "our") and the customer ("you" and "your") identified on the top portion of this document (the "Order") for us to fulfill your order for our Advertising Products identified on the Order. This Agreement consists of the Order and these Terms and Conditions for Internet Advertising. Except as otherwise expressly provided in these Terms & Conditions, in the event of any conflict between the terms of the Order or of these Terms & Conditions, the Order shall control.

TERM:

The term of this Agreement commences on the date of execution by you (either in writing or by electronic signature, including recorded oral acceptance of this Agreement of an Order presented by us and shall (subject to our right hereunder to terminate or suspend our performance or remove Advertising Products under circumstances specified in this Agreement) continue until we have fulfilled the Advertising Products specified in the Order for the Initial Term specified in the Order.
Unless otherwise provided in the Order and except as provided below in these Terms & Conditions, upon expiration of the Initial Term, the term of this Agreement shall automatically renew for a "Renewal Term" unless you or we notify the other of its intent not to renew at least thirty days before expiration of the Initial Term.
All services provided during the Renewal Term will be subject to the then-current Terms and Conditions, pricing and other terms for Internet Advertising available on our Web site (such then current Ts&Cs being referred to herein as this Agreement). The Renewal Term will continue from expiration of the Initial Term until termination pursuant to this Agreement.
Unless otherwise provided in the Order, either you or we may terminate the Renewal Term, with or without cause, upon thirty days' prior written notice to the other. Neither of us may terminate this Agreement during the Initial Term, provided that we may terminate this Agreement at any time upon notice to you if you breach this Agreement. If you choose to have your Advertising Products removed from Sumonto.Com website or any of our sites and/or our services discontinued prior to the end of the Initial Term or Renewal Term, as the case may be, you shall notify us in writing and the unpaid balance for the entire Initial Term or Renewal Term will become immediately due and owing to us.

THIRD PARTIES:

You represent and acknowledge that you are entering into this Agreement to obtain the Advertising Products for your own benefit and not for the benefit or on behalf of any third party, including, but not limited to, any of your shareholders, partners, owners, employees, agents or affiliates. However, each of our distribution or fulfillment vendors or internet search engines on which we place your advertising (each, a "Distribution Site") is an intended third-party beneficiary of your obligations hereunder that relate to Advertising Products and may independently enforce each obligation directly against you.

RATES AND PAYMENTS:

Unless otherwise provided in the Order, we will bill you immediately upon your placement of an order for Advertising Products on our website via the web form and will continue to bill you during each applicable billing cycle thereafter during the term of this Agreement. The billing cycle will be thirty (365) days unless otherwise provided in the Order. We will bill you for Advertising Products for which no rate is specified in the Order at our standard rates for such Advertising Products at the time that we provide such Advertising Products. Any rates specified in the Order will apply during the Initial Term only. Unless you or we terminate this Agreement at the end of the Initial Term, you will be invoiced for each billing cycle of the Renewal Term at our standard rates during such billing cycle for such Advertising Products. Such standard rates may be higher than the rates set forth on the Order. Payments are due on the due date specified on the invoice or, if no payment date is specified, then seven days after the date of the invoice. We may not display or if already displayed remove, or (in the case of Advertising Products placed on Distribution Sites) cause to be removed, your Advertising Products and suspend our services hereunder if payment is not received by the due date. Your prompt payment of any costs that we incur to suspend services or remove or cause removal of Advertising Products, or to resume services or replace or cause replacement of Advertising Products, will be a condition to our resumption of services and the replacement of Advertising Product. You acknowledge that no such suspension or removal will extend the term of this Agreement and, therefore, that it will reduce the aggregate time that we fulfill your order. We may charge late payment fees that will accrue at our then-current standard rates or, if lower, the maximum rate permitted under applicable law. You agree to pay any attorneys' fees and costs that our agents or we incur in collecting any unpaid amount. You will pay any sales, use or other local, state, federal, foreign or other taxes or governmental fees arising out of or in connection with this Agreement, other than taxes based on our net income. In certain cases for reputed corporations or organisations, Sumonto.Com may choose to provide a business credit for such periods as Sumonto.Com think fit and proper and publish Advertisements or Listings even before the required payment is credited in our bank account.

DENIAL OF CREDIT:

In most cases we deny any requests for business credits and refuse to publish advertisement or Listing prior to payment of the amount, in accordance with our policies.

PERFORMANCE BASED ADVERTISEMENT PRODUCTS:

We or our vendor will fulfill your performance based Advertising Product including, but not limited to, Clicks! or Conversions!. For Clicks!, internet search engines determined by us, which may include affiliated or syndicated search engine network partners, will provide the contracted number of clicks. We may change search engines from time to time in our sole discretion. You agree that all placements on search engines shall conclusively be deemed to have been approved by you. We or our vendor will continue to fulfill your Advertising Product for the contracted number of clicks, calls, search or other actions (an "Action") or until your budget is exhausted. If the applicable number of Actions has not been delivered or disputed Actions have been credited by us in our sole discretion or your budget has not been exhausted during the Initial Term, we will continue to fulfill your Advertising Product at no additional charge until the applicable number of Actions has been delivered or your budget has been exhausted. Although we will invoice you in twelve installments for the contract amount, we do not guarantee that the Actions will be fulfilled within that time frame or otherwise during the term of this Agreement. We cannot provide you with (1) the names of the search engines and/or search engine networks to which your advertisements will be submitted and/or (2) the URL and IP address from which clicks or other Actions are made. Our only obligation is that the number of Actions identified in the Order will be provided. We do not guarantee that any clicks (1) will be from potential customers for you and/or (2) will be of any benefit or value to you. You acknowledge that the clicks may be: from adult sites, from adult-sounding URLs, from sites potentially offensive to you, the result of prohibited or improper purposes, and the result of spiders, robots and other automated or mechanical means. We will send or make available periodic reports from us or Distribution Sites regarding the number of Actions we deliver. You agree that such reports and the counts contained therein shall be the conclusive, definitive measurements of our performance, and that they shall determine your related obligations for all purposes of this Agreement. No other measurements or usage statistics from any source whatsoever shall be accepted by us or have any applicability to our obligations or your rights under this Agreement. Notwithstanding anything to the contrary in Section 2 of these Terms & Conditions, upon fulfillment of your performance based Advertising Product, we will terminate your performance based program unless you and we agree to renew it. If you cancel your performance based Advertising Product or disable your Web site or otherwise impair our ability to complete the Actions, we will invoice you for the remaining months of the Initial Term or retain the amount of any remaining budget as an early termination charge. We have no liability for any Actions you dispute. However, in our sole discretion, we may issue you a credit for additional Actions to be delivered.

PROHIBITIONS, CONTENT AND INTELLECTUAL PROPERTY RIGHTS:

The transmission of any unsolicited commercial e-mail messages through our services is strictly prohibited without the prior consent of the recipient. You acknowledge that neither we nor the Distribution Sites generate the content upon a site where your Advertising Product may be fulfilled and that neither we nor the Distribution Sites are responsible for such content. You acknowledge that it is not possible to avoid placing your advertisements on web sites that display adult content, have adult-oriented domain names, or that are primarily intended as gambling sites, you acknowledge that it is not possible to avoid all such placements, and that we shall in no event have any liability to you of any type or nature as a result of any such placement or any other such placement that may be offensive to you. We or any Distribution Site may refuse, remove and/or terminate Advertising Products and our services due to any content that we or a Distribution Site deem for any reason
(a) may subject us, a Distribution Site or another party to liability,
(b) includes obscene, profane, sexual, violent or other inappropriate content, or
(c) is otherwise unacceptable in our or the Distribution Site's sole discretion; provided that we have no obligation to review your advertisements and shall have no liability related to the content thereof. If this occurs, you will remain responsible for payment of all amounts to be invoiced for the then-current term and will not be entitled to any refund or abatement or any extension of the term of this Agreement.
Furthermore, you are making the following representations and both we and each Distribution Site are relying upon them:
(a) that you are authorized to advertise and display the requested business, product or service,
(b) you are a business, not a consumer,
(c) that the content of any advertisement is truthful and not misleading,
(d) that you are in compliance with all laws and licensing requirements relating in any manner to the goods or services displayed or to your advertisement, and
(e) that you have the right to use and publish any requested name, address, trade name, trademark, service mark, picture, likeness, reproduction, endorsement, copyrighted or copyrightable item or other content and that such use complies with all applicable laws, license agreements and other obligations. Without limiting any of our other rights or remedies, you agree to notify us immediately in writing at any time that you discover or suspect that any of these representations is not true and correct in all respects. You assume sole responsibility for the protection of any copyrights, trademarks, service marks, trade names and other intellectual property owned wholly or partially by you or which you are authorized to use or display. If we receive notice or documentation demonstrating that another person or entity contests your right to use or display a name, trademark, service mark or other content, we may reject or discontinue the Advertising Products and our services without liability to you until such time you have resolved that dispute with the other party to our satisfaction. As to Advertising Products we create for you, whether in whole or in part, and any derivative work that we create from your content, you acknowledge that we are an author and assign to us all rights in and to any independently copyrightable contribution you might have made to the advertising. You further acknowledge that we retain all right, title and interest, including the copyright, in such Advertising Products and that neither you nor we intend for such advertising to constitute a joint work. You grant us a nonexclusive license during the term of this Agreement, including the right to sublicense, to copy, distribute, create derivative works based upon, publicly display, publicly perform and otherwise use any trademark, service mark, graphics, text or other content you provide to us in connection with our performance of our obligations under this Agreement. Upon termination of this Agreement, we are not obligated to return any of these works to you.

DESIGN, PRODUCTS & SERVICES:

We and the Distribution Sites may redesign or modify the organisation, structure and/or "look-and-feel" of our respective Web sites, Advertising Products, and published set of headings and directories at any time and without notice; we may discontinue or add Distribution Sites at any time in our sole discretion. Although we assign each Advertising Product an internally generated point value and/or seniority date, such assignment is internal to us and does not confer any rights to you. We or any Distribution Site may position your advertisement on any page within the appropriate sites, in any position upon such page, in any sequence and in association with any classified heading or keyword(s) we or any Distribution Site deems appropriate unless otherwise specifically noted in the Order. Unless expressly provided on the Order, neither any Distribution Site nor we make any representation or warranty with respect to traffic or usage statistics regarding Actions on our site or on any Distribution Site or the levels of impressions, cost per click, or click-through rates or the quality or conversion rate for any advertisement. An "impression" means each occurrence of a display of an advertisement. Neither any Distribution Site nor we will have any liability to you and you will remain responsible for all moneys owed to us should there be an interruption in our Web site or any third party site or other interruption in our services hereunder for any period of time, although we may, in our sole discretion, issue credits or extend the term of this Agreement in the event of interruptions lasting several days or longer.

SPECIAL DISCLAIMER OF WARRANTIES:

EXCEPT AS EXPRESSLY PROVIDED IN THE ORDER, NEITHER WE NOR ANY DISTRIBUTION SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE), REGARDING THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF THE ADVERTISEMENTS OR ADVERTISING PRODUCTS, LINKED SITES, ANY SITE WE MAY CREATE FOR YOU, OR OTHERWISE UNDER OR RELATED TO THIS AGREEMENT.

ASSIGNMENT:

You may not resell, assign, transfer or delegate any of your rights, duties or obligations without our prior written consent, which we may grant or withhold in the exercise of our absolute and sole discretion; in the event we give such consent, the assignee must, without any reservation, assume all of your rights, duties and obligations. Any attempt to resell, assign, transfer or delegate such rights, duties or obligations without our prior written consent shall constitute a breach of this Agreement and shall be of no force or effect. We shall have the right to subcontract performance of our obligations hereunder or to assign or otherwise transfer this Agreement or any of our rights, obligations or duties hereunder to any person or entity at any time.

NOTICES:

All of our notices, demands and other communications must be in writing and will be deemed to have been given
(a) if mailed by certified mail, postage prepaid,
(b) if delivered by overnight courier,
(c) if sent by facsimile transmission and such transmission is confirmed as received, or
(d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice.
All of your notices, demands and other communications must be in writing and will be deemed to have been given
(a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: SUMONTO.COM, 34, Creek Row, 4th Floor, Kolkata:700014, West Bengal, India.

LIABILITY:

NEITHER WE NOR ANY DISTRIBUTION SITE NOR ANY OF OUR OTHER VENDORS SHALL HAVE ANY LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE ADVERTISING PRODUCTS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, THE REJECTION OR REMOVAL OF ANY ADVERTISING CONTENT, ANY DELAY IN DISPLAYING OR OUR FAILURE TO DISPLAY CONTENT, OR OUR FAILURE TO PERFORM SERVICES. WITHOUT LIMITING THE PROVISIONS CONTAINED HEREIN, IN NO EVENT SHALL OUR LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US FOR THE ADVERTISING PRODUCTS OR OTHER SERVICES WITH RESPECT TO WHICH SUCH LIABILITY AROSE. You acknowledge, accept and agree that the provisions of this Agreement that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement and are fundamental to the parties' understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions of this Agreement and shall be enforced regardless of any breach hereof or other occurrence or condition relating in any way to this Agreement or the Advertising Products. Without limiting the generality of the foregoing, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations contained in this Section apply regardless of the form of action, including actions in contract, tort (including negligence), and strict liability.

EXCLUSIVE REMEDIES:

If we breach our obligation hereunder to fulfill any Advertising Product or breach any other obligation hereunder, we will make commercially reasonable efforts to fulfill such Advertising Product at a later date on the same or substitute site or internet search engine or otherwise reasonably to cure such breach. THE FOREGOING CONSTITUTES OUR SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH BY US OF THIS AGREEMENT (EITHER DIRECTLY OR THROUGH A FAILURE OF PERFORMANCE BY ANY DISTRIBUTION SITE).

FORCE MAJEURE:

In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.

INDEMNIFICATION:

You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with this Agreement or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features.

ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, this Agreement may not be modified except by writing signed by you and us; provided, however, we may change these Terms & Conditions from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Web site.
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Adopted Policies

In the Shopping Links section of Sumonto.com, we provide a platform for individuals, organizations and corporate bodies to group, categorize, publish and update business/product listings related to promoting business from thousands of International Organizations and businesses, so that our users (both national and international) are able to easily locate and browse the best items and listings.

The Adopted Policies applicable to the Shopping Links Section:

Membership:

* In the Shopping Links section, Membership is only open through invitation by the Management of Sumonto.com. Invited individuals and/or corporate bodies and organisations are required to agree to our Terms & Conditions and Adopted Policies stated in the Shopping Links Section of this website.

* Standard Membership is the basic membership category which is allotted through invitation only, to all Registered Members who choose to apply for and sign up the Registration Form available at the Shopping Links Section of Sumonto.Com

* Privileged Membership may be granted to Content Item Providers. This membership is also available only through invitation by the Administrator at Sumonto.Com.

* Other Special Memberships under various types may be granted through invitation by the Administrator at Sumonto.Com

Content:

* In the Shopping Links Section of Sumonto.Com content is collected from individuals, organisations and businesses (both corporate and non corporate).

* Generally, Standard Members are providers of content and listings.

* No content other than image and/or text banner advertisements are accepted from unregistered Users.

* We also publish links and listings from our business affiliates.

Duration of Content Display:

* Subject to our Terms & Conditions content items shall be published and displayed for 12 months which may be extended by the Administrator at Sumonto.Com

Listings:

* Listings may be provided under several types such as Free Listings, Premium Listings, Hot Deals & Packages etc etc.

* Subject to our Terms & Conditions items under the "Premium Listings" will be published only after the required payments are made to us by the submitter.

* Subject to our Terms & Conditions items under the "Hot Deals & Packages" will be published only after the required payments are made to us by the submitter.

* Subject to our Terms & Conditions items under the "Free Listings" will be published free of cost.

Ranking:

* For listed items under Tourism Listings items will be listed randomly for the selected category and state in the following manner. First, all items in a particular category under Premium Listings and a selected State will be listed randomly followed by all items under the Hot Deals & Packages Listings listed randomly. Finally all items under the Free Listings will be displayed randomly for a given category and a given location.

* For listed items under Premium Listings items will be listed randomly for the selected category and state.

* For listed items under Hot Deals & Packages Listings items will be listed randomly for the selected category and state.

* For listed items under Banner Ads, Affiliate Links and Affiliate Hot Deals & Packages items will be listed or placed in a manner thought fit and proper by the Website Administrator at its absolute discretion.

No Endorsement:

* Sumonto.Com Tourism, does not necessarily endorse any content or listing in any manner, in any articles or other contents and listings presented in this website. We also do not endorse any product or services provided by our advertisers, affiliates and/or members. Please read our disclaimer statement for more information.

Sales:

* All sales are conducted by Third Parties (Vendors). We DO NOT sell any product from our website.

* Terms & Conditions, Privacy Statement and Disclaimers stated in the Third Party (Vendor) websites are applicable for all purchases.

Browsing:

* Browsing the Shopping Links section shall be free of charges.

* Both Registered Members as well as Guests/Anonymous users shall be allowed to browse the published Items.

* Certain sections shall be accessible only by the Website Administrator.

* Access to certain pages/sections of the website may be restricted to Registered Members (all Types excluding Site Administrator) as well as Guests/Anonymous Users

Advertisements:

* Sumonto.Com may contain advertisements from advertisers and/or ad agencies for such duration as would be agreed upon between the advertisers and the Administrator at Sumonto.Com website.

Modifications to Policies:

* Sumonto.Com may modify its Policies and/or Terms & Conditions at any time.

* No individual or collective notifications will be issued by Sumonto.Com to inform users of any changes to its Policies or Terms & Conditions

* Please check the current policies and Terms & Conditions every time you browse this website.

Mandatory Acceptance:

* Acceptance of the Terms & Conditions and our Adopted Policies are mandatory for every user of this website or any portion thereof.

* It is your responsibility to check the current Policies and Terms & Conditions every time you browse this website.

Prohibition:

* Unlawful or illegal use of Sumonto.Com is strictly prohibited.
* Submission of listings by members on behalf of third parties or affiliates are strictly prohibited.
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