Welcome to Pahiyo.com!! By using our website, you acknowledge, understand and agree to the following terms.
We may change or modify these Terms in future for any reason or none. Your continued use of our website constitutes your acceptance of the revised Terms. You are advised to review the Terms from time to time.
Pahiyo.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Pahiyo.com, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Pahiyo.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Pahiyo.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Pahiyo.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Please provide us with the following Notice:
a) Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
We will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) that impersonates any person or entity, including, but not limited to, a Pahiyo.com’s employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
g) that includes personal or identifying information about another person without that person’s explicit consent;
h) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
j) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
k) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the our website which are not designated for such purposes; or emailed to Pahiyo.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
l) that includes links to commercial services or web sites, except as allowed in “services”;
m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
n) 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;
o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
q) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
r) “stalk” or otherwise harass anyone;
s) collect personal data about other users for commercial or unlawful purposes;
t) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Pahiyo.com
u) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
v) post the same item or service in more than one classified category or in more than one metropolitan area;
w) attempt to gain unauthorized access to Pahiyo.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or our website; or
x) use any form of automated device or computer program that enables the submission of postings on Pahiyo.com without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by Pahiyo.com; or
y) use any form of automated device or computer program (“flagging tool”) that enables the use of Pahiyo.com’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
Pahiyo.com offers various parts of the Service in RSS format so that users can embed individual feeds into a website , or view postings through third party software news aggregators. Pahiyo.com permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘Pahiyo.com’ as the source, (c) your use or display does not suggest that Pahiyo.com promotes or endorses any third party causes, ideas, websites, products or services, and (d) your use does not overburden Pahiyo.com’s systems. Pahiyo.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Pahiyo.com immediately terminates said permission or license.
Although PAhiyo.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Pahiyo.com an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Pahiyo.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for us to pursue legal action to enforce these Terms, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of our damages for the specified breaches of these Terms:
a. If you post a listing and/or a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay us one lac Rupees (Rs 100,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If Pahiyo.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Pahiyo.com ten thousand Rupees (Rs 10,000) for each listing and/or message posted in excess of such limits or for each day on which you access Pahiyo.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Pahiyo.com’s email addresses or through Pahiyo.com computer systems, you agree to pay Pahiyo.com five thousand Rupees (Rs 5,000) for each such email.
d. If you post Content in violation of the Terms, other than as described above, you agree to pay Pahiyo.com ten thousand Rupees (Rs 10,000) for each Item of Content posted. In its sole discretion, Pahiyo.com may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay Pahiyo.com ten thousand Rupees (Rs !0,000) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay Pahiyo.com an additional ten thousand Rupees (Rs 10,000) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Pahiyo.com’s express written permission, you agree to pay Pahiyo.com fifty thousand Rupees (Rs 50,000) for each day on which you engage in such conduct.
g. If you collect personal data about other users for commercial or unlawful purposes, and/or if you make unsolicited contact with anyone for any commercial purpose in violation of these Terms without Pahiyo.com express written permission, you agree to pay Pahiyo.com fifty thousand Rupees (Rs 50,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Pahiyo.com’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Pahiyo.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Feedback: We welcome your questions and comments on this document.