TERMS OF USE
 

ISYS Portal.com Terms of Use Agreement

March 7th , 2008
ISYS Portal,  (“ISYS Portal” or “we”) operates ISYS Portal.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. ISYS Portal can be contacted 314,Amar Arcade, 1-Manhar Plot, Rajkot, India. The services offered by ISYS Portal include any ISYS Portal branded URL (the "ISYS Portal Website"), the ISYS Portal instant messaging service, the ISYS Portal application developer service  and other features (for example, music and video embedded players), ISYS Portal mobile services, and any other features, content, or applications offered from time to time by ISYS Portal in connection with ISYS Portal’s business (collectively, the "ISYS Portal Services"). The ISYS Portal Services are hosted in the United States.


This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ISYS Portal Services. By using the ISYS Portal Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ISYS Portal Website, including through a mobile device or otherwise use the ISYS Portal Services without being registered) or you are a "Member" (which means that you have registered with ISYS Portal).  The term "User" refers to a Visitor or a Member. You are only authorized to use the ISYS Portal Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the ISYS Portal Website and discontinue use of the ISYS Portal Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the ISYS Portal Services, you must read this Agreement and indicate your acceptance during the Registration process. 

This Agreement includes ISYS Portal's policy for acceptable use of the ISYS Portal Services and Content (as defined in Section 6.1 (where is the section? ) below) posted on or through the ISYS Portal Services and your rights, obligations and restrictions regarding your use of the ISYS Portal Services and Content posted on or through the ISYS Portal Services.  In order to participate in certain ISYS Portal Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from ISYS Portal. Unless otherwise provided by the additional terms and conditions applicable to the ISYS Portal Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@ISYS Portal.com, Subject: Terms of Use Agreement. 


ISYS Portal may modify this Agreement from time to time and such modification shall be effective upon posting by ISYS Portal on the ISYS Portal Website.  Your continued use of the ISYS Portal Services after ISYS Portal posts a revised Agreement signifies your acceptance of the revised Agreement.  It is therefore important that you review this Agreement regularly to ensure you are updated as to

any changes.


Please choose carefully the information you post on or through the ISYS Portal Services and that you provide to other Users. Your ISYS Portal profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other ISYS Portal Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and ISYS Portal assumes no responsibility or liability for this material.  If you become aware of misuse of the ISYS Portal Services by any person, please click on the "Contact ISYS Portal” or the “Report Abuse” link at the bottom of the ISYS Portal Website pages.


ISYS Portal reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the ISYS Portal Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ISYS Portal expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the ISYS Portal Services if ISYS Portal determines, in its sole discretion, that you have violated this Agreement or pose a threat to ISYS Portal and/or its Users and/or violating any applicable law.


1.   Eligibility. Use of the ISYS Portal Services and registration to be a Member for the ISYS Portal Services (“Membership”) is void where prohibited.  By using the ISYS Portal Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the ISYS Portal Services does not violate any applicable law or regulation.  Your profile may be deleted and your Membership may be terminated without warning.


2.   Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the ISYS Portal Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. ISYS Portal may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3.   Fees. You acknowledge that ISYS Portal reserves the right to charge for any portion of the ISYS Portal Services and to change its fees (if any) from time to time in its discretion.  If ISYS Portal terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).


4.  Password.
When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify ISYS Portal immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.
 
5.   Use by Members. The ISYS Portal Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by ISYS Portal.  ISYS Portal reserves the right to remove commercial content in its sole discretion.  Illegal and/or unauthorized use of the ISYS Portal Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ISYS Portal Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges.  ISYS Portal reserves the right to take appropriate legal action for any illegal or unauthorized use of the ISYS Portal Services.
 
6.   Proprietary Rights in Content on ISYS Portal.


6.1     ISYS Portal does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the ISYS Portal Services.  After posting your Content to the ISYS Portal Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or publishing ("posting") any Content on or through the ISYS Portal Services, you hereby grant to ISYS Portal a limited license to use, modify, delete from, add to, publicly perform, publicly display, I reproduce, and distribute such Content solely on or through the ISYS Portal Services, including without limitation distributing part or all of the ISYS Portal Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the ISYS Portal Website.  This limited license does not grant ISYS Portal the right to sell or otherwise distribute your Content outside of the ISYS Portal Services.  After you remove your Content from the ISYS Portal Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.  If after we have distributed your Content outside the ISYS Portal Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the ISYS Portal Website as soon as practicable after you make the change.


6.2        The license you grant to ISYS Portal is non-exclusive (meaning you are free to license your Content to anyone else in addition to ISYS Portal), fully-paid and royalty-free (meaning that ISYS Portal is not required to pay you for the use on the ISYS Portal Services of the Content that you post), sublicensable (so that ISYS Portal is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the ISYS Portal Services), and worldwide (because the Internet and the ISYS Portal Services are global in reach).


6.3        You represent, warrant and covenant that: (i) you own the Content posted by you on or through the ISYS Portal Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the ISYS Portal Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the ISYS Portal Services.


6.4        The ISYS Portal Services contain Content of ISYS Portal ("ISYS Portal Content"). ISYS Portal Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and ISYS Portal owns and retains all rights in the ISYS Portal Content and the ISYS Portal Services. ISYS Portal hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ISYS Portal Content (excluding any software code) solely for your personal use in connection with viewing the ISYS Portal Website and using the ISYS Portal Services.


6.5        The ISYS Portal Services contain Content of Users and other ISYS Portal licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ISYS Portal Services.


6.6       
ISYS Portal performs technical functions necessary to offer the ISYS Portal Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ISYS Portal Services.


7.   Content Posted.
 
7.1       
ISYS Portal may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ISYS Portal violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ISYS Portal assumes no responsibility for monitoring the ISYS Portal Services for inappropriate Content or conduct. If at any time ISYS Portal chooses, in its sole discretion, to monitor the ISYS Portal Services, ISYS Portal nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.


7.2       
You are solely responsible for the Content that you post on or through any of the ISYS Portal Services, and any material or information that you transmit to other Members and for your interactions with other Users.


7.3       
You are solely responsible for ensuring that all Content that you post on or through any of the ISYS Portal Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through ISYS Portal.

8.    Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the ISYS Portal Services.  ISYS Portal reserves the right to investigate and take appropriate legal action against anyone who, in ISYS Portal's sole discretion, violates this provision, including without limitation, removing the offending Content from the ISYS Portal Services and terminating the Membership of such violators.  Prohibited Content includes, but is not limited to Content that, in the sole discretion of ISYS Portal:


8.1        is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;


8.2        harasses or advocates harassment of another person;


8.3        exploits people in a sexual or violent manner;


8.4        contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;


8.5        solicits personal information from anyone under 18;


8.6        publicly posts information that poses or creates a privacy or security risk to any person;


8.7        constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;


8.8        constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;


8.9        involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";


8.10    contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);


8.11    furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;


8.12    solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;


8.13    involves commercial activities and/or sales without prior written consent from ISYS Portal such as contests, sweepstakes, barter, advertising, or pyramid schemes;


8.14    includes a photograph or video of another person that you have posted without that person's consent;


8.15    for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;


8.16    violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or


8.17    promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.

The following are examples of the kind of activity that is illegal or prohibited on the ISYS Portal Website and through your use of the ISYS Portal Services. ISYS Portal reserves the right to investigate and take appropriate legal action against anyone who, in ISYS Portal's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:
8.18    criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;


8.19    advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the ISYS Portal Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, ISYS Portal reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ISYS Portal deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the ISYS Portal Services, you acknowledge that you will have caused substantial harm to ISYS Portal, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ISYS Portal USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the ISYS Portal Services;


8.20    circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the ISYS Portal Services;
8.21    activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.22    covering or obscuring the banner advertisements on your personal profile page, or any ISYS Portal page via HTML/CSS or any other means;


8.23    any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;


8.24    interfering with, disrupting, or creating an undue burden on the ISYS Portal Services or the networks or services connected to the ISYS Portal Services;


8.25    impersonating or attempting to impersonate another Member, person or entity;


8.26    for band, comedy, filmmaker and other profiles containing a ISYS Portal player, copying the code for your ISYS Portal Player and embedding it (or directing others to embed it) anywhere other than your band profile on ISYS Portal;


8.27    using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;


8.28    selling or otherwise transferring your profile;


8.29    using any information obtained from the ISYS Portal Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;


8.30    displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the ISYS Portal Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or


8.31    using the ISYS Portal Services in a manner inconsistent with any and all applicable laws and regulations.


9     Protecting Copyrights and Other Intellectual Property. ISYS Portal respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. ISYS Portal has the right to terminate the Membership of infringers.


If you believe your work has been copied and posted on or through the ISYS Portal Services in a way that constitutes copyright infringement, please send ISYS Portal's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the ISYS Portal Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.  ISYS Portal's Copyright Agent for notification of claimed infringement can be reached as follows:  314, Amar Arcade, 1- Manhar Plot, Rajkot – India.  ISYS Portal provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.

10. Member Disputes.
You are solely responsible for your interactions with other ISYS Portal Members.  ISYS Portal reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

11. Privacy.
Use of the ISYS Portal Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 

12. Disclaimers.
ISYS Portal is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the ISYS Portal Services, whether caused by Users of the ISYS Portal Services or by any of the equipment or programming associated with or utilized in the ISYS Portal Services and such User Content does not necessarily reflect the opinions or policies of ISYS Portal.  Profiles and third party applications created and posted by Members on the ISYS Portal Website may contain links to other websites.  ISYS Portal is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by ISYS Portal.  Inclusion of any linked website on the ISYS Portal Services does not imply approval or endorsement of the linked website by ISYS Portal.  When you access these third-party sites, you do so at your own risk.  ISYS Portal takes no responsibility for third party advertisements or third party applications that are posted on or through the ISYS Portal Services, nor does it take any responsibility for the goods or services provided by its advertisers. ISYS Portal is not responsible for the conduct, whether online or offline, of any User of the ISYS Portal Services. ISYS Portal assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ISYS Portal is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ISYS Portal Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ISYS Portal Services. Under no circumstances shall ISYS Portal be responsible for any loss or damage, including personal injury or death, resulting from use of the ISYS Portal Services, attendance at a ISYS Portal event, from any User Content posted on or through the ISYS Portal Services, or from the conduct of any Users of the ISYS Portal Services, whether online or offline. The ISYS Portal Services are provided "AS-IS" and as available and ISYS Portal expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ISYS Portal cannot guarantee and does not promise any specific results from use of the ISYS Portal Services.

13. Limitation on Liability.
In No Event Shall Isys Portal Be Liable To You Or Any Third Party For Any Indirect, Consequential, Exemplary, Incidental, Special Or Punitive Damages, Including Lost Profit Damages Arising From Your Use Of The Isys Portal Services, Even If Isys Portal Has Been Advised Of The Possibility Of Such Damages. Notwithstanding Anything To The Contrary Contained Herein, Isys Portal's Liability To You For Any Cause Whatsoever And Regardless Of The Form Of The Action, Will At All Times Be Limited To The Amount Paid, If Any, By You To Isys Portal For The Isys Portal Services During The Term Of Membership. 


14.
Downloading or using the Software is at your sole risk.

15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Gujarat-India, without regard to its conflict of law provisions.  You and ISYS Portal agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the ISYS Portal Services. Each Of The Parties Hereby Knowingly, Voluntarily And Intentionally Waives Any Right It May Have To A Trial By Jury In Respect Of Any Litigation (Including But Not Limited To Any Claims, Counterclaims, Cross-Claims, Or Third Party Claims) Arising Out Of, Under Or In Connection With This Agreement. Further, Each Party Hereto Certifies That No Representative Or Agent Of Either Party Has Represented, Expressly Or Otherwise, That Such Party Would Not In The Event Of Such Litigation, Seek To Enforce This Waiver Of Right To Jury Trial Provision. Each Of The Parties Acknowledges That This Section Is A Material Inducement For The Other Party Entering Into This Agreement.


16. Indemnity. You agree to indemnify and hold ISYS Portal, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ISYS Portal Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the ISYS Portal Services causes ISYS Portal to be liable to another.

17. Other. This Agreement is accepted upon your use of the ISYS Portal Website or any of the ISYS Portal Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ISYS Portal regarding the use of the ISYS Portal Services. The failure of ISYS Portal to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ISYS Portal is a trademark of ISYS Portal, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at:
Contact ISYS Portal with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
 
 
 
 
Mailbox - History - Profile - Events - TO DO - Friends - People - Invite
Poem - Shayari - Jokes - SMS - Articles - Forum - Questioning - Poll - Quote - Biographies
Blogs - Clubs - Video - Music - Facewall - Confess - Photo Album - - Love
Daily Updates
© 2008-.ISYSPortal.com   Read the Terms of use and Privacy Policy Contact Us