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| PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
This Terms of Use Agreement (the "Agreement") describes the
terms and conditions applicable to your use of the web site which is identified
by the uniform resource locator www.PakistaniYouth.com (the "Site"). This
Agreement is entered into between you as the user of the Site (the "User") and
PakistaniYouth.com
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| 1. |
Application of and Acceptance of Terms and Conditions. |
| 1.1 |
For purposes of this Agreement, a "User" is any person who
accesses the Site for whatever purpose, regardless of whether such User has
registered with PakistaniYouth.com as a registered user or whether such User is
a paying customer for a specific service provided by PakistaniYouth.com. A User
includes the person using this Site and any legal entity which may be
represented by such person under actual or apparent authority.
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| 1.2 |
By accessing or using the Site, you hereby agree to accept the
terms and conditions set forth in this Agreement as a User. You shall be bound
by the terms and conditions of this Agreement with respect to your access or
use of this Site and any further upgrade, modification, addition or change to
this Site. If you do not accept all of the terms and conditions of this
Agreement, please do not use this Site.
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| 1.3
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This Agreement applies to each Paid Service (as defined below)
in addition to any terms and conditions that may be applicable to such specific
Paid Service.
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| 1.4
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PakistaniYouth.com may amend this Agreement at any time by
posting the amended and restated Agreement on the Site. The amended and
restated Agreement shall be effective immediately upon posting. Posting by
PakistaniEYouth.com of the amended and restated Agreement and your continued
use of the Site shall be deemed to be acceptance of the amended terms. This
Agreement may not otherwise be modified, except in writing by an authorized
officer of PakistaniYouth.com.
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| 2.
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Charges and Fees; Paid Services
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| 2.1
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Access to the Site and certain of its features are provided to
all Users free of charge. However, PakistaniYouth.com reserves the right,
without prior notice, to charge each User fees for the use of or access to the
Site or its features.
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| 2.2
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PakistaniYouth.com provides certain services to Users who have
undergone a specific registration process and agreed to pay for such services
("Paid Services"). Access to and use of certain features and content of the
Site that are part of a Paid Service are governed by additional terms and
conditions under separate agreements in addition to this Agreement.
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| 2.3
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The following features of the Site, among other things, are part
of Paid Services
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Submit, edit and display of company information in a Company
Profile
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Submit, edit and display of product related information
(including product images) in a Product Catalog or Showroom
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Submit, edit and display of offers to sell products or
services or general advertising messages as Trade Leads
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Access to PakistaniYouth.com Global Buyer and sellers Database
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| 2.4
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PakistaniYouth.com reserves the right to deny Paid Services to
any User for whatever reason in order to protect PakistaniYouth.com interests.
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| 3.
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Users Generally.
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| 3.1
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Users may use this Site solely for their own personal or
internal purposes. Each User agrees that it shall not copy, reproduce or
download any information, text, images, video clips, directories, files,
databases or listings available on or through the Site (the "
PakistaniYouth.com Content") for the purpose of re-selling or re-distributing
the PakistaniYouth.com Content, mass mailing (via emails, wireless text
messages, physical mail or otherwise), operating a business that competes with
PakistaniYouth.com, or otherwise commercially exploiting the PakistaniYouth.com
Content.
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| 3.2
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Some of the PakistaniYouth.com Content displayed on this Site is
provided or posted by third parties ("Third Party Content"). Neither
PakistaniYouth.com nor any of our affiliates, directors, officers or employees
has entered into any sales agency relationship with such third party by virtue
of PakistaniYouth.com display of the Third Party Content on the Site. Any Third
Party Content is the sole responsibility of the party who provided the content.
PakistaniYouth.com is not responsible for the accuracy, propriety, lawfulness
or truthfulness of any Third Party Content, and shall not be liable to any User
in connection with such User's reliance of such Third Party Content. In
addition, PakistaniYouth.com is not responsible for the conduct of any User's
activities on the Site, and shall not be liable to any person in connection
with any damage suffered by any person as a result of such User's conduct.
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| 3.3
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PakistaniYouth.com may allow Users access to content, products
or services offered by third parties through hyperlinks (in the form of word
link, banners, channels or otherwise) to such third party's web site. User
acknowledges that PakistaniYouth.com has no control over such third party's web
site and PakistaniYouth.com shall not be responsible or liable to anyone for
such web site, or any content, products or services made available on such web
site.
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| 3.4
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Messages or information sent by a User through communication
systems provided by the Site, or through emails, fax or letters to addressees
obtained from the Site, shall not contain any of the materials described in the
provisions of Section 5.5 below.
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| 3.5
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PakistaniYouth.com reserves the right to limit, deny or create
different access to the Site and its features with respect to different Users,
or to change any of the features or introduce new features without prior
notice. Each User acknowledges that inability to use the Site wholly or
partially for whatever reason may have adverse effects on its business. Each
User hereby agrees that in no event shall PakistaniYouth.com be liable to the
User or any third parties for any inability to use the Site (whether due to
disruption, limited access, changes to or termination of any features on the
Site or otherwise), any delays, errors or omissions with respect to any
communications or transmission, or any damage (direct, indirect, consequential
or otherwise) arising from the use of or inability to use the Site or any of
its features.
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| 3.6
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No User shall undertake any scheme to undermine the integrity of
the computer systems or networks used by PakistaniYouth.com and/or any other
User and no User shall attempt to gain unauthorized access to such computer
systems or networks.
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| 3.7
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We urge that you read PakistaniYouth.com Privacy Policy [link]
which governs the protection and use of each User's information in
PakistaniYouth.com possession. Each User hereby accepts the Privacy Policy and
any updates and amendments thereto. Each User acknowledges that
PakistaniYouth.com may change the Privacy Policy from time to time provided
that PakistaniYouth.com shall make available the updated version of the Privacy
Policy on the Site at all times. Your continuation of use of the Site shall be
deemed to be your acceptance of the Privacy Policy which is then displayed on
the Site at the time of such use.
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| 4.
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Registered Users |
| 4.1
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Each User who has filled out an on-line registration form on the
Site by giving its information (such as name, address, telephone and fax
number, email address, details of its business, etc.) is a registered user of
PakistaniYouth.com (a "Registered User"). PakistaniYouth.com will establish an
account ("Account") for each Registered User and each Registered User is
assigned a user alias ("User ID") and password ("Password") for log-in access
to its own Account.
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| 4.2
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Registered Users shall not access or enjoy the benefits of any
Paid Services without payment for such services; provided, however, that
PakistaniYouth.com may permit such free access or enjoyment of Paid Services by
a Registered User on a case-by-case basis; provided, further, that
PakistaniYouth.com reserves the right at any time to deny access to any Paid
Service (including but not limited to termination of the Account of such
Registered User) if the Registered User has not paid PakistaniYouth.com the
relevant charges and fees under the terms of such Paid Service.
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| 4.3
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PakistaniYouth.com may suspend or terminate a Registered User's
Account at any time by giving no less than 24-hour notice to the Registered
User; provided, however, that notice is not required for such termination if,
in PakistaniYouth.com determination, there is any breach of the provisions of
this Agreement by the Registered User.
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| 4.4
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Notwithstanding Section 4.1 above, PakistaniYouth.com may refuse
registration and deny the issuance of an Account and associated User ID and
Password to any User for whatever reason.
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| 5. |
Users Who Post Information on PakistaniYouth.com
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| 5.1
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You must be a Registered User in order to post information on
the Site using the self-help submit and edit tools provided through the Site.
Your status as a Registered User is governed by the provisions of Section 4
above.
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| 5.2
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No sales agency relationship is created between any User and
PakistaniYouth.com, our affiliates, directors, officers or employees by virtue
of PakistaniYouth.com display of any of the User's information on the Site.
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5.3
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Each User hereby represents warrants and agrees to (a) provide
PakistaniYouth.com with true, accurate, current and complete information to be
displayed on the Site and (b) maintain and promptly amend all information to
keep it true, accurate, current and complete. Each User hereby grants an
irrevocable, perpetual, worldwide and royalty-free license to
PakistaniYouth.com to display and use all information provided by such User in
accordance with the purposes set forth in this Agreement. Each User further
agrees that by posting any material or information anywhere on the Site it
surrenders its copyright and any other proprietary right in the posted material
or information.
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5.4
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Each User hereby represents, warrants and agrees that it has
obtained all necessary third party copyright or trademark licenses and
permissions and shall be solely responsible for ensuring that any material or
information it posts on the Site or provides to PakistaniYouth.com or
authorizes PakistaniYouth.com to display does not violate the copyright,
trademark, trade secret or any other personal or proprietary rights of any
third party or is posted with the permission of the owner(s) of such rights.
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5.5
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Each User hereby represents warrants and agrees that information
submitted to PakistaniYouth.com for display on the Site shall not:
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Contain fraudulent information or make fraudulent offers of
items or involve the sale or attempted sale of counterfeit or stolen items or
items whose sales and/or marketing is prohibited by applicable law, or
otherwise promote other illegal activities;
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Be part of a scheme to defraud other Users of the Site or
for any other unlawful purpose;
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Relate to sale of products or services that infringe or
otherwise abet or encourage the infringement or violation of any third party's
copyright, patent, trademarks, trade secret or other proprietary right or
rights;
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Violate any applicable law, statute, ordinance or
regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising);
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Be defamatory, libelous, unlawfully threatening or
unlawfully harassing;
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Be obscene or contain or infer any pornography or
sex-related merchandising or any other content or otherwise promotes sexually
explicit materials or is otherwise harmful to minors;
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Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
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Contain any material that constitutes unauthorized
advertising or harassment (including but not limited to spamming), invades
anyone's privacy or encourages conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise violate any law or
regulation;
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Solicit business from any Users in connection with a
commercial activity that competes with PakistaniYouth.com; or
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Contain any computer viruses or other destructive devices
and codes that have the effect of damaging, interfering with, intercepting or
expropriating any software or hardware system, data or personal information.
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| 5.6
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PakistaniYouth.com reserves the right in it sole discretion to
remove any material displayed on the Site which it reasonably believes is
unlawful, could subject PakistaniYouth.com to liability, violates this
Agreement or is otherwise found inappropriate in PakistaniYouth.com opinion.
PakistaniYouth.com reserves the right to cooperate fully with governmental
authorities, private investigators and/or injured third parties in the
investigation of any suspected criminal or civil wrongdoing. In connection with
any of the foregoing, PakistaniYouth.com may suspend or terminate the Account
of any User as PakistaniYouth.com deems appropriate in its sole discretion.
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| 6.
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Transactions between Buyers and Suppliers
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| 6.1
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Through the Site, PakistaniYouth.com provides an electronic
web-based platform for exchanging information between buyers and suppliers of
products and services. PakistaniYouth.com does not represent the seller or the
buyer in specific transactions and does not charge any commissions from
completing any transactions. As a result, PakistaniYouth.com does not control
and is not liable to or responsible for the quality, safety, lawfulness or
availability of the products or services offered for sale on the Site or the
ability of the suppliers to complete a sale or the ability of buyers to
complete a purchase.
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6.2
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Each User acknowledges that it is fully assuming the risks of
purchase and sale transactions when using the Site to conduct transactions,
such risks shall include, but not limited to, mis-representation of products
and services, fraudulent schemes, unsatisfactory quality, failure to meet
specifications, defective products, delay or default in delivery or payment,
cost mis-calculations, breach of warranty, breach of contract and
transportation accidents ("Transaction Risks"). Each User agrees that
PakistaniYouth.com shall not be liable or responsible for any damages that may
arise a result of or in connection with any Transaction Risks.
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6.3
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Users are solely responsible for all of the terms and conditions
of the transactions conducted on, through or as a result of use of the Site,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
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6.4
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In the event that any User has a dispute with any party to a
transaction, such User agrees to release and indemnify PakistaniYouth.com (and
our agents, affiliates, directors, officers and employees) from all claims,
demands, actions, proceedings, costs, expenses and damages (including without
limitation any actual, special, incidental or consequential damages) arising
out of or in connection with such transaction.
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| 7.
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Limitation of Liability
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| 7.1
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THE FEATURES AND SERVICES ON THE PakistaniYouth.COM SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, AND PakistaniYouth.COM HEREBY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH
WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED.
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| 7.2
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PakistaniYouth.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. |
| 7.3
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Any material downloaded or otherwise obtained through the Site is done at each
User's sole discretion and risk and each User is solely responsible for any
damage to its computer system or loss of data that may result from the download
of any such material. No advice or information, whether oral or written,
obtained by any User from PakistaniYouth.com or through or from the Site shall
create any warranty not expressly stated herein.
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| 7.4
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Under no circumstances shall PakistaniYouth.com be held liable for an delay or
failure or disruption of the content or services delivered through the Site
resulting directly or indirectly from acts of nature, forces or causes beyond
its reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power
failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, flood, storms, explosions, Acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
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| 7.5
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Each User hereby agrees to indemnify and save PakistaniYouth.com, its
affiliates, directors, officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from such User's use of the Site (including but not limited to
the display of such User's information on the Site) or from its breach of any
of the terms and conditions of this Agreement. Each User further agrees that
PakistaniYouth.com is not responsible and shall have no liability to it, for
any material posted by others; including defamatory, offensive or illicit
material and that the risk of damages from such material rests entirely with
each User.
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PakistaniYouth.com shall not be liable for any special, direct, indirect,
punitive, incidental or consequential damages or any damages whatsoever
(including but not limited to damages for loss of profits or savings, business
interruption, loss of information), whether in contract, negligence, tort or
otherwise or any other damages resulting from any of the following:
- The use or the inability to use the Site;
- Any defect in goods, samples, data, information or services
purchased or obtained from a User or a third-party service provider through the
Site;
- Unauthorized access by third parties to data or private
information of any User;
- Statements or conduct of any User of the Site; or
- Any matters relating to Paid Services however arising,
including negligence.
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| 8.
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Intellectual Property Rights |
| 8.1
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PakistaniYouth.com is the sole owner or lawful licensee of all the rights to
the Site and the PakistaniYouth.com Content. The Site and PakistaniYouth.com
Content embody trade secrets and intellectual property rights protected under
worldwide copyright and other laws. All title, ownership and intellectual
property rights in the Site and PakistaniYouth.com Content shall remain with
PakistaniYouth.com, its affiliates or licensors of the PakistaniYouth.com
Content, as the case may be. All rights not otherwise claimed under this
Agreement or by PakistaniYouth.com are hereby reserved. |
| 8.2
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"PakistaniYouth.COM" and related icons and logos are registered trademarks or
trademarks or service marks of PakistaniYouth.com in various jurisdictions and
are protected under applicable copyright, trademark and other proprietary
rights laws. The unauthorized copying, modification, use or publication of
these marks is strictly prohibited.
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| 9.
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Notices
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| 9.1
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All notices or demands to or upon PakistaniYouth.com shall be effective if in
writing and shall be duly made when sent to PakistaniYouth.com in the following
manner: 66C. 3rd Floor, Commercial Area , Phase II DHA, Karachi,
Pakistan-75500, 9.2 All notices or demands to or upon a User shall be effective
if either delivered personally, sent by courier, certified mail, by facsimile
or email to the last-known correspondence, fax or email address provided by the
User to PakistaniYouth.com. Notice to a User shall be deemed to be received by
such User if and when:
- PakistaniYouth.com is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such
User, or
- Immediately upon PakistaniYouth.com posting such notice on an area
of the Site that is publicly accessible without charge.
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10.
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General
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10.1
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Subject to any additional agreements relating to Paid Services,
this Agreement and the Privacy Policy constitute the entire agreement between
the User and PakistaniYouth.com with respect to access to and use of the Site,
superseding any prior written or oral agreements in relation to the same
subject matter herein.
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10.2
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If any provision herein is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
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10.3
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Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
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10.4 PakistaniYouth.com failure to enforce any right or failure
to act with respect to any breach by a User under these terms and conditions
will not waive that right nor waives PakistaniYouth.com right to act with
respect with subsequent or similar breaches.
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10.5
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PakistaniYouth.com shall have the right to assign its
obligations and duties in this Agreement and in any agreement relating to Paid
Services to any person or entity.
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10.6
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This Agreement shall be governed by the laws of the Islamic
Republic of Pakistan without regard to its conflict of law provisions.
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