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Terms of use |
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AGREEMENT BETWEEN USER AND Toqsoft Technologies |
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The Toqsoft Technologies Web Site is comprised of various
Web pages operated by Toqsoft Technologies. |
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The Toqsoft Technologies Web Site is offered to you on your
unconditional acceptance of the same without modification of
any of the terms, conditions, and notices contained herein.
Your use of the Toqsoft Technologies Web Site constitutes
your unconditional and irrevocable agreement and acceptance
to all such terms, conditions, and notices. |
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MODIFICATION OF THESE TERMS OF USE |
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Toqsoft Technologies reserves the right to change the terms,
conditions, and notices under which the Toqsoft Technologies
Web Site is offered, including but not limited to the
charges associated with the use of the Toqsoft Technologies
Web Site. Toqsoft Technologies may at its discretion
(without in any manner being answerable and/or called upon
to justify) amend these Terms of Use at any time by updating
this page. Any changes to these Terms of Use shall also be
binding on you. You agree that your continued use of the
Toqsoft Technologies Web Sites or Toqsoft Technologies’
services shall constitute your agreement to such amendments
to these Terms of Use. |
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LINKS TO THIRD PARTY SITES |
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The Toqsoft Technologies Web Site may contain links to other
Web Sites including but not limited to links to third-party
web sites ("Linked Sites"). The Linked Sites are not under
the control or operation of Toqsoft Technologies and Toqsoft
Technologies 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. Toqsoft Technologies is not responsible for webcasting
or any other form of transmission received from any Linked
Site. Toqsoft Technologies is providing these links to you
only as a convenience, and the inclusion of any link does
not imply endorsement by Toqsoft Technologies of the site or
any association with its operators and is further not
responsible for the content or privacy policy or practices
of any linked site you may choose or visit. If you decide to
access a linked third-party web site, you do so at your own
risk. |
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NO UNLAWFUL OR PROHIBITED USE |
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As a condition of your use of the Toqsoft Technologies Web
Site, you covenant, undertake and warrant to Toqsoft
Technologies that you will not use the Toqsoft Technologies
Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the
Toqsoft Technologies Web Site in any manner which could
damage, disable, overburden, or impair the Toqsoft
Technologies Web Site or interfere with any other party's
use and enjoyment of the Toqsoft Technologies 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 Toqsoft Technologies
Web Sites. |
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You agree that you shall NOT do any of the following, nor
use the Toqsoft Technologies Web Sites to do any of the
following: |
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upload, post, email, transmit or otherwise make available
any information, material or other content (collectively
"Content") that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, indecent,
pornographic, libelous, invasive of another’s privacy,
false, inaccurate, misleading, incomplete, stale, hateful,
or racially, ethnically or otherwise objectionable,
offensive or inappropriate; |
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harm minors in any way; |
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impersonate any person or entity, including but not limited
to a Toqsoft Technologies employee, or falsely state or
otherwise misrepresent your affiliation with a person or
entity; |
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forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the Toqsoft Technologies Web Sites; |
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upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
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upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade
secret, copyright, or other proprietary rights, publicity
rights, privacy rights or other rights of Toqsoft
Technologies, or any third party; |
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upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising; |
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upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment; |
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interfere with or disrupt the Toqsoft Technologies Web Sites
or servers or networks connected to the Toqsoft Technologies
Web Sites, or disobey any requirements, procedures, policies
or regulations of networks connected to the Toqsoft
Technologies Web Sites; |
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provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of
material support or resources) to any organization(s)
designated by the Indian Government as a foreign terrorist
organization; |
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"stalk" or otherwise harass another user or third-party;
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collect or store personal data about other users or third
party; |
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send email in violation of any Indian Enactment or Statute
for the time being in force or any other applicable
anti-"spam" law to Toqsoft Technologies, or any third party;
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use any device, software or routine, including but not
limited to any viruses, spyware, malware, trojan horses,
worms, time bombs, cancel bots or denial-of-service attacks,
intended to damage or interfere with the proper working of
the Toqsoft Technologies Web Sites or any transaction being
conducted on our site, or to surreptitiously intercept or
expropriate any system, data or personal information from
the Toqsoft Technologies Web Sites; |
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"frame" or "mirror" the Toqsoft Technologies Web Sites or
any portion thereof; |
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take any action that imposes an unreasonable or
disproportionately large load on the Toqsoft Technologies
infrastructure, including but not limited to "spam" or other
such unsolicited mass emailing techniques; |
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use the Toqsoft Technologies Web Sites in any manner if you
are a competitor of Toqsoft Technologies, including without
limitation soliciting Professional / Candidates, or
Employees of Toqsoft Technologies for any purpose
whatsoever; |
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resell or make available to any non-user any of the Toqsoft
Technologies’ services, the Toqsoft Technologies Web Sites
or any content on the Toqsoft Technologies Web Sites, or use
the Toqsoft Technologies Web Sites for any unlawful,
commercial, research or information gathering purposes; or
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delete or revise any material posted by another User on the
Toqsoft Technologies Web Sites, access data not intended for
you on the Toqsoft Technologies Web Sites, or log into an
account which you are not authorized to access. |
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Please report any prohibited conduct by other Users to
info@toqsoft.com |
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Toqsoft Technologies is under no obligation to monitor the
conduct of Users on the Toqsoft Technologies Web Sites or
any materials posted thereon, but it may respond when
violations are reported. You acknowledge and agree that
Company has the right (but not the obligation) to monitor
the Toqsoft Technologies Web Sites including without
limitation all postings by various Users. Without Prejudice
to the Toqsoft Technologies’ other rights as set forth in
these Terms of Use, Toqsoft Technologies reserves its right,
with or without notice to the applicable User, to remove
content posted by a User on the Toqsoft Technologies Web
Sites, remove any User from the Toqsoft Technologies Web
Sites, and/or take any other technical or legal action
Toqsoft Technologies deems necessary in the event that
Toqsoft Technologies believes, in its sole discretion, that
the User is creating problems, possible legal liabilities,
violating these Terms of Use, or otherwise acting
inconsistently with the letter or spirit of Toqsoft
Technologies’ policies. Toqsoft Technologies also reserves
its right to report any wrongdoing of which Toqsoft
Technologies becomes aware to the applicable government or
law enforcement agencies or otherwise. |
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USE OF COMMUNICATION SERVICES |
The Toqsoft Technologies 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.
Toqsoft Technologies has no obligation to monitor the
Communication Services. However, Toqsoft Technologies
reserves the right to review materials posted to a
Communication Service and to remove any materials in its
sole discretion. Toqsoft Technologies reserves the right to
terminate your access to any or all of the Communication
Services at any time without notice for any reason
whatsoever.
Toqsoft Technologies 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 Toqsoft
Technologies' sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in
any Communication Service. Toqsoft Technologies does not
control or endorse the content, messages or information
found in any Communication Service and, therefore, Toqsoft
Technologies 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 Toqsoft
Technologies spokespersons, and their views do not
necessarily reflect those of Toqsoft Technologies.
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. |
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MATERIALS PROVIDED TO Toqsoft Technologies OR POSTED AT ANY
Toqsoft Technologies WEB SITE |
Toqsoft Technologies does not claim ownership of the
materials you provide to Toqsoft Technologies (including
feedback and suggestions) or post, upload, input or submit
to any Toqsoft Technologies Web Site or its associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your
Submission you are granting Toqsoft Technologies, its
affiliated companies and necessary sub-licensees 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. Toqsoft Technologies is
under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Toqsoft
Technologies' sole discretion.
However, you hereby grant a non-exclusive, worldwide,
perpetual, royalty-free, irrevocable right and license to
use, distribute, disclose, reproduce and display any
information, materials or content you post on the Toqsoft
Technologies Web Sites or otherwise provide to Toqsoft
Technologies, and to exercise all copyright and publicity
rights with respect thereto, subject to the Toqsoft
Technologies Privacy Policy. Without limiting the generality
of the foregoing, you authorize Toqsoft Technologies to
disclose your information to other Users as described in
these Terms of Use and elsewhere on the Toqsoft Technologies
Web Sites, subject to the Toqsoft Technologies Privacy
Policy. In addition, you hereby grant Toqsoft Technologies
permission to display your logo, trademarks and company name
on the Toqsoft Technologies Web Sites and in press or other
public releases or filings. By submitting any information,
materials or content on the Toqsoft Technologies Web Sites
or otherwise to Toqsoft Technologies, you acknowledge,
represent and warrant that you have all right and authority
to grant such rights to Toqsoft Technologies.
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 |
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LIABILITY DISCLAIMER |
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Toqsoft Technologies WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Toqsoft
Technologies AND/OR ITS AUTHORIZED SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Toqsoft Technologies WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE Toqsoft
Technologies 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.
Toqsoft Technologies 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 Toqsoft Technologies 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. Toqsoft Technologies 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 Toqsoft Technologies 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 Toqsoft Technologies WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE Toqsoft Technologies
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
Toqsoft Technologies WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE Toqsoft Technologies WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Toqsoft Technologies 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 Toqsoft
Technologies WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Toqsoft Technologies WEB SITE.
SERVICE CONTACT: info@toqsoft.com |
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OWNERSHIP |
The Toqsoft Technologies’ Services, Toqsoft Technologies Web
Sites (including all content thereon) and all intellectual
property rights in or related to the Toqsoft Technologies
Web Sites, including but not limited to copyrights, patents,
trademarks, service marks and any feedback left by Users on
the Toqsoft Technologies Web Sites, are owned and/or
licensed by Toqsoft Technologies, and all right, title and
interest in the Toqsoft Technologies Web Sites, the Toqsoft
Technologies’ related services and the related intellectual
property rights, are and shall remain Toqsoft Technologies’
sole property. This includes, without limitation, the
"toqsoft.com" URL, toqsoft.com design logo, and certain
other names and logos used by Toqsoft Technologies, all of
which are service marks or trade marks of Toqsoft
Technologies. This also includes, without limitation, the
"look and feel" of the Toqsoft Technologies Web Sites
(including design, layout, color combinations, button shapes
and other graphical elements), which is protected by Toqsoft
Technologies’ service marks, trade marks and copyrights.
You may not reproduce, reverse engineer, decompile,
disassemble, modify or create derivative works of or with
respect to the Toqsoft Technologies related services,
Toqsoft Technologies Web Sites or the related intellectual
property, and these Terms of Use do not grant you permission
to do so. You may not reproduce, modify, display, sell or
distribute the content on the Toqsoft Technologies Web Sites
or use it in any other way for public or commercial purpose.
Toqsoft Technologies authorizes you to view and download a
single copy of the content on the Toqsoft Technologies Web
Sites solely for your personal, noncommercial use. Certain
content on the Toqsoft Technologies Web Sites may be
licensed from third parties. All such third party content
and all intellectual property rights related to that content
belong to the respective third parties. You may not remove
any copyright, trademark, or other intellectual property or
proprietary notice or legend contained in the Toqsoft
Technologies Web Sites, including any Toqsoft Technologies
Web Sites content.
Without limiting any other rights or remedies Toqsoft
Technologies may have under these Terms of Use or otherwise,
Toqsoft Technologies may limit, suspend, or terminate the
Toqsoft Technologies’ related services, limit or prohibit
access to the Toqsoft Technologies Web Sites, modify or
remove content on the Toqsoft Technologies Web Sites,
including without limitation eliminating or discontinuing
any content or feature thereon or thereof, or restrict the
hours of availability of the Toqsoft Technologies Web Sites.
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INDEMNIFICATION |
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You agree to indemnify, defend, and hold harmless Toqsoft
Technologies and its affiliates, officers, directors,
employees and agents from and against any and all claims,
demands, actions, losses, costs, expenses (including without
limitation reasonable attorneys’ and Professional /
Candidates’ and consultants’ fees), damages or other
liabilities, of any kind or nature, (collectively
"Liabilities") which arise out of, result from, allege, or
otherwise relate to: (i) your use of the Toqsoft
Technologies Web Sites or the Toqsoft Technologies’ related
services, (ii) any information, materials or content you
post on the Toqsoft Technologies Web Sites or otherwise
provide to Toqsoft Technologies or another User, (iii) your
breach of these Terms of Use, or (iv) any other act of
commission and/or omission by you. |
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TERMINATION/ACCESS RESTRICTION |
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Toqsoft Technologies reserves the right, in its sole
discretion, to terminate your access to the Toqsoft
Technologies Web Site and the related services or any
portion thereof at any time, without notice. |
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Use of the Toqsoft Technologies 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 Toqsoft Technologies as a result of this
agreement or use of the Toqsoft Technologies Web Site.
Toqsoft Technologies' performance of this agreement is
subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Toqsoft
Technologies' right to comply with governmental, court and
law enforcement requests or requirements relating to your
use of the Toqsoft Technologies Web Site or information
provided to or gathered by Toqsoft Technologies 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 Toqsoft Technologies with
respect to the Toqsoft Technologies Web Site and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the
user and Toqsoft Technologies with respect to the Toqsoft
Technologies 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. |
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COPYRIGHT AND TRADEMARK NOTICES: |
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Content on the site is for personal use only and may be
downloaded provided the material is kept intact and there is
no violation of the copyrights, trademarks, and other
proprietary rights. Any alteration of the material or use of
the material contained in the site for any other purpose is
a violation of the copyright of Toqsoft Technologies and /
or its affiliates or associates or of its third-party
information providers. This material cannot be copied,
reproduced, republished, uploaded, posted, transmitted or
distributed in any way for non-personal use without
obtaining the prior written permission from Toqsoft
Technologies. All rights not expressly granted herein are
reserved. Toqsoft Technologies may monitor access to the
Site. Toqsoft Technologies reserves the right to modify the
terms of use of any service without any liability. Toqsoft
Technologies reserves the right to take all measures
necessary to prevent access to any service or termination of
service if the terms of use are not complied with or are
contravened or there is any violation of copyright,
trademark or other proprietary right. |
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NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT |
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Notices: Any notice required or permitted to be given
hereunder shall be in writing and sent by prepaid registered
mail or by a courier service, in the manner as elected by
the Party giving such notice to the designated address of
the Toqsoft Technologies - kindly refer “Contact Us” link as
available on the website. |
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