Ownership of the Site and Protection of Our Intellectual Property Rights
The content of the Site is intended for the personal, noncommercial use of our users. The Site is a website of the owner/ holder/ person or entity in ultimate control of the Site (“the Owner”). All rights, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of the Owner, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly authorized by the Owner, you agree not to copy, modify, publish, transmit, reproduce, upload, post, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any software) available on or through the Site.
Changes To This Agreement
Any personal information identifying any visitor to the Site (“Personal Information”) if required is asked for explicitly in the relevant page on the Site. Personal Information is used to operate the India Site, and we may occasionally inform you of new features, services, and products from the Owner.
We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the Site.
If at any time you believe the Site has not adhered to these principles, please notify us at the contact address mentioned on the Site and we will use all commercially reasonable efforts to determine and correct the problem.
Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on the Site from time to time.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print and store, for personal use only, content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the India Site Services or remove or obscure the copyright notice or other notices displayed on the content. Without prejudice to the generality of the aforesaid restrictions, it is emphasized that you may not copy, publish, transmit, reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of the Owner.
You agree not to modify the India Site Services in any manner or form, or to use modified versions of the India Site Services, including (without limitation) for the purpose of obtaining unauthorized access to the India Site Services or portions thereof. You agree not to access the India Site Services by any means other than through the interface that is provided by the Owner for use in accessing the India Site Services.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of the Owner’s content or under any third party’s content.
If you choose to forward content from the Site via email through the India Site Services, you agree that you will only forward such content to willing recipients known to you and that you will not use the India Site Services for engaging in spam or other unauthorized conduct.
Except as otherwise provided herein, you shall be solely responsible for any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to the Owner through the India Site Services (each, a “Submission”) and the consequences of posting or publishing it. By submitting your Submission, you hereby grant the Owner and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, publish, reproduce, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known.
Any Submission will be deemed public information and not subject to any confidentiality obligation and the Owner shall have no obligation to maintain its confidentiality.
By making a Submission, you waive the right to make any claim against the Owner or any of its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, infringement of intellectual property, invasion of privacy, negligence, breach of contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, defamatory, libelous or scandalous, (b) shall not invade the privacy or violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for the Owner or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the India Site Services in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize the Owner to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
The Owner does not and cannot review all Submissions posted to or created by users accessing the India Site Services, and is not in any manner responsible for the content of these communications or the activities of these users.
The Owner shall use commercially reasonable endeavours to monitor the content on the Site and reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to the Owner in its sole discretion.
However, the Owner and its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate content and assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
In the event that you find any content on the Site that is inappropriate, you may intimate the Owner of the same at the contact address mentioned on the Site, provided however that the decision of the Owner as to the appropriateness of such content shall be final.
You agree not to use the Site to:
- Post any Submission that is false, unlawful, harmful, threatening, abusive, offensive, of a menacing character, harassing, tortuous, defamatory, vulgar, lascivious or that appeals to the prurient interest, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Post any Submission causing or likely to cause danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
- Harm or threaten to harm users in any way;
- “Stalk” or otherwise harass any other person or entity;
- Impersonate any person or entity (including an agent of the Owner, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by the Owner for such purpose;
- Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Gain unauthorized access or deny access to a person authorized to do so, to any computer database, computer software or hardware including (without limitation) with the intent to threaten the unity, integrity, security or sovereignty of India;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the India Site Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post 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.
Site with Registration
The Site may enable users to register to obtain certain of the India Site Services. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the registration form posted on the Site (the “Registration Information”) and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of the India Site Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or the Owner has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, the Owner has the right to suspend or terminate your access and refuse you any and all use of the Site.
Passwords and Security
Access to certain of the India Site Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify the Owner immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. The Owner cannot and will not be liable for any loss or damage arising from your failure to comply with this section or any unauthorised use of your account or other breach of security.
Links to Other Web Sites
A central part of the India Site Services includes links to other World Wide Web sites or resources. Because the Owner has no control over such sites and resources, you acknowledge and agree that the Owner is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You also acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which the Owner has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Except as otherwise expressly agreed by the Owner, your dealings with advertisers and third party vendors found on or through the India Site Services and any terms, conditions, warranties or representations associated with such dealings, are solely between the third party and you. The Owner does not make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that the Owner will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which the Owner has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site.
Modifications To The India Site Services
The Owner reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the India Site Services (or any part thereof) with or without notice for any reason. You agree that the Owner will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the India Site Services.
Termination of Your Access to the India Site Services
You agree that the Owner, in its sole discretion and without prior notice, may terminate your access to any of the India Site Services, and/or remove, discard or modify any Submission or content within the India Site Services, for any reason, including, without limitation, for lack of use or if the Owner believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that upon such termination, the Owner may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the India Site Services. If you use the Site in violation of this Agreement, the Owner may, in its sole discretion, retain all data collected from your use of the Site. You agree that the Owner shall not be liable to you or any third party for the discontinuation or termination of your access to the India Site Services, or such collection of information.
Information Disclaimer and Disclaimer of Warranties
By using the India Site Services you understand and agree that:
- No content on the Site is intended to constitute professional advice, whether medical, financial, legal or otherwise and the Owner is not responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based thereon.
- Your use of the India Site Services is at your sole risk. The India Site Services are provided on an “as is” and “as available” basis. The Owner expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non- infringement.
- The Owner makes no representation or warranty that the India Site Services will meet your requirements, that the India Site Services will be uninterrupted, secure, current or error-free, or that the results that may be obtained from the use of the India Site Services will be accurate, timely, useful or reliable.
- Any material obtained through the use of the India Site Services is done at your own discretion and risk, and you will be solely responsible for any damage to computer systems or for loss of data that results from the download or use of any such material.
- No advice or information, whether oral or written, obtained by you from our Site or through or from the India Site Services shall create any warranty not expressly stated in their terms.
Limitation of Liability
You understand and agree that the Owner is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, incidental, special, consequential, exemplary or punitive damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort or otherwise, resulting from: (1) the use of, or the inability to use, the India Site Services, (2) the cost of procurement of substitute services, goods or and web sites, (3) unauthorized access to or alteration of your transmissions or data, (4) the statements or conduct of any third party on the Site, (5) any content or postings on the Site, or (6) any other matter relating to the Site or the India Site Services. In no event will the Owner’s direct liability hereunder exceed Rs. 5000/- (Rupees Five Thousand Only).
Indemnification of the Owner
You agree to defend, indemnify and hold the Owner, its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, penalties, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) Submission or other content you submit or that is submitted from your account, (b) your use of or reliance on the India Site Services, (c) your connection to the Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
No Other Agreements Between Us
This Agreement constitutes the entire agreement between you and the Owner for governing your use of the Site and the India Site Services.
Law Applicable to Interpretations and Disputes
This Agreement and the legal relations thus created between the Owner and you (including, without limitation, any dispute between the Owner and you arising out of or related to this Agreement) shall be governed by and construed under and in accordance with the laws of India without reference to its principles of conflicts of laws. Any such dispute will be heard and determined exclusively in the courts in Delhi, and you submit yourself and your property to the exclusive jurisdiction of the foregoing courts with respect to such disputes. You waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of jurisdiction, inconvenient forum or otherwise as regards any dispute between the Owner and you arising out of or related to this Agreement.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that any delay or failure by the Owner to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.