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COPYRIGHT & NO RE-TRANSMISSION OF INFORMATION
TwinklePost.com as well as the design and information contained in this site is the valuable, exclusive property of TwinklePost.com, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All stock call information on TwinklePost.com is the proprietary, confidential property of TwinklePost.com and cannot be repeated for any reason outside the TwinklePost.com . You agree not to repeat or rebroadcast in any way any of the stock call information made on TwinklePost.com for any reason whatsoever. You agree that if you do repeat or re-post any of TwinklePost.com calls by any mean, you will be liable for actual and punitive damages as determined by TwinklePost.com and additional damages to be determined by a Indian court of Law
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DELAYS IN SERVICES
Neither TwinklePost.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. TwinklePost.com shall have no responsibility to provide you access to TwinklePost.com while interruption of TwinklePost.com is due to any such cause shall continue.
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THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. TwinklePost.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. TwinklePost.com (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES HEREAFTER) SHALL NOT BE LIABLE TO USER OR MEMBER OR ANY THIRD PARTY SHOULD TwinklePost.com EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE.
TwinklePost.com AND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TwinklePost.com AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.
IN NO EVENT SHALL TwinklePost.com AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TwinklePost.com OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS
If this Web site contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful 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
Conduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
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You shall provide and maintain all telephone/internet and other equipment necessary to access TwinklePost.com, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access TwinklePost.com
You acknowledge that the information provided through TwinklePost.com is compiled from sources, which are beyond the control of TwinklePost.com Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and TwinklePost.com does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, YOU ACKNOWLEDGE THAT TwinklePost.com IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. TwinklePost.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN ADDITION, TwinklePost.com, IN PROVIDING THE INFORMATION MAKES NO ENDORSEMENT OF ANY PARTICULAR SECURITY, MARKET PARTICIPANT, OR BROKERAGE. FURTHER, TwinklePost.com DOES NOT REPRESENT OR WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.
Under this User Agreement, you assume all risk of errors and/or omissions in TwinklePost.com, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of TwinklePost.com, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
YOU AGREE THAT TwinklePost.com (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE TwinklePost.com FOR ANY PURPOSE WHATSOEVER. TwinklePost.com AND IT’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD PARTY.
LINKS TO THIRD PARTY SITES
The links in this site will allow you to leave TwinklePost.com. The linked sites are not under the control of TwinklePost.com. TwinklePost.com has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by TwinklePost.com of the site. Third party links to TwinklePost.com shall be governed by a separate agreement.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS TwinklePost.com (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of TwinklePost.com (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severeable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by TwinklePost.com
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of TwinklePost.com.
If mcd takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including collection of any amounts due here under, mcd shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and TwinklePost.com. By using the Information on TwinklePost.com, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. TwinklePost.com does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, TwinklePost.com or other of the purchase or sale of securities.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, TwinklePost.com DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY 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, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER TwinklePost.com NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF TwinklePost.com, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW. FURTHER, YOU AGREE AND UNDERSTAND THAT ALL SERVICES PROVIDED ARE NON-REFUNDABLE AND THAT YOU SHOULD CAREFULLY CONSIDER WHETHER OUR SERVICES ARE ABLE TO MEET YOUR NEEDS.
This User Agreement and the license rights granted here under shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by TwinklePost.com for any unauthorized access or use by you (b) immediately by TwinklePost.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not effect any right or relief to which TwinklePost.com may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to TwinklePost.com. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to TwinklePost.com is non-refundable for any reason.
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
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