REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, photos, videos, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Himsagar and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Himsagar may choose to provide attribution of your comments or reviews at our discretion. You further grant Himsagar the right to pursue at law any person or entity that violates your or Himsagar's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If Himsagar provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, videos, graphics, code or any other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent (including nudity), lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over);
c. Content that would constitute, encourage or provide instructions for a criminal offense (in particular, hacking, cracking or phreaking), violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations or any rules;
d. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; including any copyrighted software that is distributed illegally and "mp3" files;
e. Content that impersonates any person or entity or otherwise misrepresents or falsely states your affiliation with a person or entity, including Himsagar;
f. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
g. Solicitation for other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
h. Commentary of a purely political or religious nature or designed to further ones political or religious view over another;
i. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
j. Viruses, corrupted data or other harmful, disruptive or destructive files;
k. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
l. Content or links to content that, in the sole judgment of Himsagar, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Himsagar or its affiliates or its users to any harm or liability of any type.
Himsagar takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is HImsagar liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Himsagar is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Himsagar has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Himsagar reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Himsagar or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Himsagar, and its licensees, successors and assigns, from any claims that you could otherwise assert against Himsagar by virtue of any such moral rights.