AGREEMENT BETWEEN USER AND Duesta Technologies, owners of www.swineflu-india.org

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. The Swine Flu India Web Site is comprised of various Web pages operated by Duesta Technologies.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

Introduction. This agreement ("Agreement") between You and Duesta Technologies. ("Duesta") consists of these Duesta Website Solutions Online Program (the "Program") Standard Terms and Conditions ("Terms and Conditions"). "You" or "User" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

The Swine Flu India Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Swine Flu India Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Swine Flu India reserves the right to change the terms, conditions, and notices under which the Swine Flu India Web Site is offered, including but not limited to the charges associated with the use of the Swine Flu India Web Site.

LINKS TO THIRD PARTY SITES

The Swine Flu India Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Swine Flu India and Swine Flu India is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Swine Flu India is not responsible for webcasting or any other form of transmission received from any Linked Site. Swine Flu India is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Swine Flu India of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Swine Flu India Web Site, you warrant to Swine Flu India that you will not use the Swine Flu India Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Swine Flu India Web Site in any manner which could damage, disable, overburden, or impair the Swine Flu India Web Site or interfere with any other party's use and enjoyment of the Swine Flu India Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Swine Flu India Web Sites.

USE OF COMMUNICATION SERVICES

The Swine Flu India Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and 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:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • 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, without their consent.

  • Violate any applicable laws or regulations.
Swine Flu India has no obligation to monitor the Communication Services. However, Swine Flu India reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Swine Flu India reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Swine Flu India reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Swine Flu India's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Swine Flu India does not control or endorse the content, messages or information found in any Communication Service and, therefore, Swine Flu India specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Swine Flu India spokespersons, and their views do not necessarily reflect those of Swine Flu India.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Swine Flu India OR POSTED AT ANY Swine Flu India WEB SITE

Swine Flu India does not claim ownership of the materials you provide to Swine Flu India (including feedback and suggestions) or post, upload, input or submit to any Swine Flu India Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Swine Flu India, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Swine Flu India is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Swine Flu India's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Swine Flu India WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Swine Flu India AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Swine Flu India WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Swine Flu India WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Swine Flu India AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Swine Flu India WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Swine Flu India AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Swine Flu India AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Swine Flu India WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Swine Flu India WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Swine Flu India WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Swine Flu India WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Swine Flu India OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Swine Flu India WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Swine Flu India WEB SITE.

SERVICE CONTACT : admin@www.swineflu-india.org

TERMINATION/ACCESS RESTRICTION

Swine Flu India reserves the right, in its sole discretion, to terminate your access to the Swine Flu India Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Swine Flu India Web Site. Use of the Swine Flu India Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swine Flu India as a result of this agreement or use of the Swine Flu India Web Site. Swine Flu India's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Swine Flu India's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Swine Flu India Web Site or information provided to or gathered by Swine Flu India with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Swine Flu India with respect to the Fit And Glow Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swine Flu India with respect to the Swine Flu India Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Swine Flu India Web Site are: Copyright 2009 by Duesta Technonlogies and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

INDEMNITY.

You agree to defend, indemnify, and hold Duesta, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL.

Duesta is based in Bangalore, in India. Duesta makes no claims that the Content are appropriate or may be downloaded outside India. Access to the Content may not be legal by certain persons or in certain countries. If you access the Duesta Site from outside India, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.

We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to us for the reconstruction of any lost data.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice. Because of the designated purpose of this site and the services it provides, you agree that we do not constitute a service that targets any one community, user group, business or industry. Because the site is designed for educational purposes, you also agree that it does not constitute "doing business" in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or our parent company or establishing "minimum contacts" with any jurisdiction outside of the Republic of India.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with Duesta, or in any way relating to your use of the Duesta Site, resides in the courts of the State of Karnataka, India and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Karnataka, India in connection with any such dispute including any claim involving Duesta or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the Republic of India, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.