2.1 By using the Portal, you represent that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Agreement; otherwise, please do not continue using the Portal.
2.2 Your permission to use the Portal, and the text, data, user interface, audio clips, video clips, editorial content, graphics, and the scripts and software used to implement the Portal and the Services (the “Materials”) contained therein and avail of the Services shall depend on whether or not you have registered yourself on the Portal and, if you are a registered user, which category of use you have opted for at the time of registration on the Portal as well as the specific Services subscribed for by you.
2.3 Subject to the other provisions of this Agreement, you are hereby permitted to access the Portal, avail of the Services, and read and, where the terms of the relevant Service availed of by you expressly permit you to do so, print and download the relevant Materials from the Portal provided that:
(a) The Company’s copyright notice identified below appear in the Materials;
(b) The use of such Materials is solely for personal, non-commercial and informational use and will not be shared, copied, broadcast or posted on any networked computer or in any other media; and
(c) No modification of any of the Materials is allowed.
2.4 You are responsible for maintaining the confidentiality of your account, profile and passwords, as applicable. You shall not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Portal registrations and passwords, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your account, profile, or passwords.
2.5 You agree not to make use of the data obtained from the Portal for the purpose of harassing, abusing, or harming another person, or for making unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to any other users of the Portal or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted).
2.6 Without prejudice to any other rights or remedies available to Us under law, any account you have created by registering on the Portal may be deleted without warning if We believe that any representation and warranty you make hereunder is breached or inaccurate.
2.7 While the Portal offers certain free Services which do not require you to register on the Portal and create an account thereon, you may not be able to access or avail of many other Services and/or functions which would have been available to you upon such registration and account creation. Additionally, the Portal offers certain paid Services which you would need to pay certain amounts to the Company prior to such Services being rendered to you.
2.8 You agree that you will pay for all Services that you purchase through the Portal, and that the Company may charge you for any Services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with usage of your Account. You are responsible for the timely payment of all fees and for providing the Company with a valid payment method for payment of all fees. Your total price will include the price of the Service plus any applicable taxes. Until a purchase is made, the Company reserves the right to change prices for the Services offered via the Portal at any time, and the Portal does not provide price protection or refunds in the event of a price reduction or promotional offering subsequent to purchase. If a Service becomes unavailable following a transaction but prior to availment thereof, your sole remedy is likely to be limited to a refund of the price paid for the unavailable Service. If technical problems prevent or unreasonably delay delivery of your Service, your exclusive and sole remedy is either replacement of the relevant Service or refund of the price paid, as determined by the Company.
- INTELLECTUAL PROPERTY RIGHTS
3.1 You agree that the Portal, the Services offered thereat and the Materials, contain proprietary information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Portal and the Services in compliance with this Agreement. No portion of the Portal, the Materials and/or the Services may be reproduced in any form or by any means, except as expressly permitted in this Agreement. The use of any part of the Portal, the Services and/or the Materials except for use thereof as expressly permitted in this Agreement is strictly prohibited, and such unauthorized use may infringe on the intellectual property rights of the Company or others and may subject you to civil and criminal penalties and actions, including possible monetary damages, for copyright infringement. Save as expressly provided in clause 2.3 above, nothing contained herein, shall be construed or interpreted as a transfer, assignment in your favour, of any intellectual property rights in respect of any Materials or as a grant of any license or right in your favour, by implication or otherwise, of any intellectual property rights in respect of any Materials, including, but not limited to, the trade marks or brand or company name, logos, and such intellectual property rights shall remain the sole and absolute property of the Company.
3.2 The Company and its licensors own and reserve all right, title, and interest in and to the Portal and the Materials. The Company hereby grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable permission to use the Portal in the manner specified in clause 2.3 above solely in accordance with this Agreement during the Term. Except as provided in clause 2.3 above, you obtain no rights under this Agreement from the Company in respect of the Materials and/or the Portal, including any related intellectual property rights.
3.3 You shall not use the Portal or the Materials in any manner or for any purpose other than as expressly permitted by this Agreement. You shall not, and shall not attempt to:
- modify, adapt, translate, alter, tamper with, repair, or otherwise create derivative works of any software included in the Portal, the Services, any Third Party Content, and/or the Materials or any part thereof;
- merge the Portal, any Third Party Content, and/or the Materials or any part thereof with other software;
- reverse engineer, disassemble, or decompile the Portal, the Services, any Third Party Content and/or the Materials, or any part thereof, or apply any other process or procedure to derive the source code of any software included in the Portal, the Services, Third Party Content and/or the Materials;
- access or use the Portal, the Services, Third Party Content, and/or the Materials in a way intended to avoid incurring fees or exceeding usage limits or quotas;
- access all or any part of the Portal, the Services, Third Party Content, and/or Materials in order to build a product or service which competes with the business of the Company or the Portal;
- use the Portal, the Services, Third Party Content, and/or the Materials to provide services to third parties;
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Portal, the Services, Third Party Content and/or the Materials available to any third party;
- attempt to obtain, or assist third parties in obtaining access to the Portal, the Services, Third Party Content and/or the Materials;
- cover or obscure any banner advertisements on the Portal, or any page via HTML/CSS, scripting, or any other means;
- interfere with, disrupt, or create an undue burden on the Portal or the networks or services connected to the Portal;
- introduce software or automated agents to the Portal, the Services and/or the Materials, or access the Portal so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Portal;
- interfere with, disrupt, or modify any data or functionality of the Portal, the Services and/or the Materials;
- attempt to impersonate another user, entity or person, including any of Our employees, or otherwise provide false information in the course of registering on the Portal or creating an account thereon;
- refrain from using the Portal, the Services, Third Party Content and/or the Materials in a manner which would amount to a breach of any applicable laws and regulations.
3.4 We are committed to respecting intellectual property rights of all Our users and We ask Our users to do the same. We may, in Our sole discretion, terminate the access rights of users who infringe or violate intellectual property rights of others.
3.5 For the purpose of this Agreement, the term “Content” shall mean and refer to software (including machine images), data, text, audio, video, images or other content uploaded by any users to the Portal or otherwise transferred, processed, used or stored in connection with a user’s account through the Services. The term “Third Party Content” shall mean and refer to all Content belonging to a third party and displayed on, submitted to or uploaded on the Portal.
3.6 You hereby grant to the Company, an irrevocable, unconditional, perpetual royalty-free, license to copy, modify, and display on the Portal, the Content uploaded by you to the Portal.
3.7 The provisions of this clause 3 shall survive expiry or earlier termination of this Agreement and/or cancellation of your account.
- ACCEPTABLE USE
You agree to use the Portal and the Materials (whether provided by us or others), as well as any software provided in connection with the Portal, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to the Portal and/or the Materials and/or any software related thereto, nor will you use Portal and/or Materials and/or related software to upload, post, email, distribute, transmit, link, solicit or otherwise make available use the Materials and/or the Portal in any manner that:
(a) is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, anti-national, seditious, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libellous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
(b) infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights or in any manner, promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
(c) removes any proprietary notices or labels on the Materials;
(d) advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
(e) is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
(f) specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
(g) constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
(h) interferes with others using the Portals;
(i) contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
(j) contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
(k) disrupts, interferes or inhibits any other user from enjoying the Portal and/or the Materials, or other affiliated or linked portals, material, contents, products and/or services;
(l) uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
(m) creates a false identity for the purpose of misleading others;
(n) prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
(o) uses any of Our domain names as a pseudonymous return email address;
(p) contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
(q) attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Materials or the Portal;
(r) reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Portal or Materials, use of the Portal, or access to the Portal;
(s) publishes, publicly performs or displays, or distributes to any third party, any Materials, including reproduction on any computer network or broadcast or publications media;
(t) systematically collects and uses any Materials including the use of any data mining, or similar data gathering and extraction methods;
(u) makes derivative uses of the Portal or the Materials;
(v) uses, frames, or utilizes framing techniques to enclose any portion of the Portal (including the images found in the Portal or any text or the layout/design of any page or form contained on a page);
(w) modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Portal. For purposes of these terms, “reverse engineering” shall include the examination or analysis of the Portal to determine the source code, structure, organization, internal design, algorithms or encryption devices of Portal’s underlying technology;
(x) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and/or
(y) otherwise violates the terms of this Agreement or creates liability for Us.
- USER CONTENT AND SUBMISSIONS
5.2 You represent and warrant that: (a) you own the User Content posted by you on the Portal or otherwise have the right to grant the license set forth in this Agreement, (b) your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing or posting your User Content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, and (d) all information you provide in the course of registration on the Portal or in the course of availing of any services available to you in the course of your use of the Portal is true and accurate. Please make sure that you only provide information to the Portal that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non-disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law.
- YOUR INFORMATION
6.1 When you register with the Portal, you will be asked to create an account and provide the Portal with certain information including, without limitation, name, age, gender, address (including pin code), email address, phone numbers, occupation (if applicable), other demographic information and other non-public information (your “Information”). Any Information you submit must be accurate.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) Your use of the Portal, including any content or information contained within the Portal, any Service or software that is provided to you, is at your sole risk. The Portal, including any Material, Third Party Content, software or information contained on or in the Portal and any Service, is provided on an “as is” and “as available” basis. The Company and its licensors, and other related parties, and their respective officers, agents, representatives, and employees, expressly disclaim all representations, conditions and warranties of any kind, whether express, statutory or implied, including, but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy of data and non-infringement, and any warranties arising out of any course of dealing or usage of trade, and/or that the Services or content in the Portal would be uninterrupted or error free, or that any content, including the User Content and Third Party Content, will be secure or not otherwise lost or damaged.
(b) any Material and/or Third Party Content downloaded, uploaded or otherwise obtained through the use of the Portal or software is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of the Portal and/or the Materials.
(c) there are no warranties and/or representations by or from Us to you, in respect of any and all advice or information, whether oral or written, obtained by you, through or from the Portal and/or the Services. Advice or information received by means of the Portal and/or the Services should not be relied upon for any personal, business, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your particular situation.
(d) The content of the Portal should be treated as a guide only and should not be relied upon in making, or refraining from making any decision. You hereby agree that you alone shall bear full responsibility for the outcomes of all decisions that you make based on the recommendations generated or information provided by the Portal or any contributors, members or third party through the same.
(e) You are advised to check with certified experts before taking any decision based on any information displayed in the Portal or through the Services. The Company hereby expressly disclaims, to the maximum limit permissible by law, all warranties, guarantees, representations etc., whether express or implied, with respect to the completeness, accuracy, reliability, suitability of the information or materials on the Portal and/or provided through the Services, for any purpose. The Company shall not, in any way, be deemed to have guaranteed or warranted the accuracy, adequacy or completeness of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. You agree that the Company shall have no financial liability whatsoever to you on account of your use of the information provided on the Portal or through the Services.
(f) Your interactions with third parties that you are put in touch with through the Portal, such as other users, professionals and/or advisers, advertisers, 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 third parties. You agree that We are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of information about you. If there is a dispute between you and any third party (including any user), We are under no obligation to become involved; however, We reserve the right, but have no obligation, to monitor disputes between you and other users.
(g) Further, you expressly agree that your use of the Services is at your sole risk. The Company hereby disclaims any warranty, condition or representation that the Services, and any information, content, materials, products (including any software) or services included on or otherwise made available to you through the Portal, websites, its servers, or e-mail sent from the Company are free of viruses or other harmful components. The Company will not be liable for any damages of any kind arising from the use of the Services or the Portal or websites or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Services or the Portal, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. You further agree and acknowledge that the Company shall have no liability to you or any third party with respect to any acts or omissions of any users of the Portal or any third party with respect to any of your User Content, including without limitation, claims pertaining to infringement of your intellectual property rights therein, and any disputes or matters pertaining to the same should be taken up directly between yourself and the concerned user and/or third party.
(h) Notwithstanding any other provision of this Agreement, the Company and its licensors reserve the right to change, suspend, remove or disable access to the Portal and/or any Services, Materials, content etc., that are offered by the Company through the Portal, without notice. In no event will the Company and/or its licensors be liable for making these changes. The Company may also impose limits on the use of or access to certain features or portions of the Portal, the Services and/or the Materials, in any case and without notice or liability.
(i) The Company disclaims any responsibility for any decision(s) taken by you or any other person, or the consequences thereof, based on the information available or any contact made with any professionals or users or members of the Portal, in the course of availing of the Services. The Company makes no warranties or representations about the character, background or aptitude of any person whom you are put in touch with in the course of using the Services.
- DISCLAIMER OF CONSEQUENTIAL DAMAGES
To the fullest extent possible by law, in no event shall the Company, its suppliers, or any third parties mentioned on any Portals be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, damages resulting from lost data) resulting from the use or inability to use any Portal, the Services and/or the Materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not We are advised of the possibility of such damages.
- LIMITATION OF LIABILITY
9.1 In no event shall the Company, its employees, officers, representatives, service providers, suppliers, licensors, and agents be liable for any direct, special, indirect, incidental, special, exemplary, punitive or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with:
(i) the use or inability to use the Portal, the Services and/or the Materials, software, information or transactions provided on or through the Portal and/or the Services, or
(ii) any claim attributable to errors, omissions, or other inaccuracies in the Portal, the Services and/or the Materials, software, information, products, or services on or available through the Portal and/or the Services,
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Portal;
(v) the delay or failure in performance resulting from an act of force majeure, including without limitation, acts of god, natural disasters, communications failure, governmental actions, wars, strikes, labour disputes, riots, vandalism, terrorism, non-performance of third parties or any reasons beyond their reasonable control; or
(vi) Any other matter relating to the Portal, even if the Company or its authorized representatives have been advised of the possibility of such damages.
9.2 Your sole remedy for dissatisfaction with the Portal and/or Services is to stop using the Portal and/or those Services.
- LINKS TO OTHER SITES
Materials from other users, advertisers and other third parties may be made available to you in the course of your use of the Portal or availing of any Services. Such third party materials have not been independently authenticated in whole or in part by Us and as such you are advised to verify the same on your own. We do not assume any responsibility whatsoever for any materials posted on the Portal by users or any other third party or that which is provided or shared between users of the Portal. Without prejudice to the foregoing, you acknowledge that since We do not control materials received from such third parties, (a) you agree that We are not responsible for any such materials and (b) We make no guarantees about the accuracy, currency, suitability, or quality of the information in such materials, and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful materials made available by such third parties.
- NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under this Agreement. You also agree not to make any unauthorized commercial use of the Portal, the Materials, Third Party Content and/or the Services.
You agree to defend, indemnify, and hold harmless the Company, its licensors, and their respective affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
(i) the usage of any User Content or other material you may have provided to the Portal; and
(ii) Your use of the Portal, the Services, any Third Party Content and/or any Materials; and
(iii) Your breach of any of the terms and conditions contained herein or of any applicable law.
- APPLICABLE LAW & ARBITRATION
(i) This Agreement shall be governed by the laws of India.
(ii) All disputes arising out of this Agreement, which cannot be settled through mutual discussion shall be referred to and decided finally by arbitration held at Bangalore, under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The courts at Bangalore shall have exclusive jurisdiction with regard to any matters relating to such arbitration.
- REPORTING ABUSE
If you have reason to believe that any materials and/or content on the Portal violates the provisions of clause 4 above (Acceptable Use) or your copyrighted work has been uploaded, posted or copied to the Portal (“Abuse”) and is accessible on the Portal in a way that constitutes copyright or trademark infringement or any other grievance regarding the Portal, please contact our grievance officer, Mr./Ms.______________ by email at ________________ or by regular mail at:
__________ Private Limited
Bangalore – _________
We treat all Abuse reports concerning Portal seriously and are dedicated to investigating all violations submitted to us. The Abuse report submitted by you will need to contain the following information: –
- Your email address:
- Specific details about your grievance:
- Your contact details (Address, telephone number, etc.):
The process followed by Us upon receiving an Abuse report is as follows:
- Once the your grievance report is received by Us, one of Our staff shall proceed to investigate the same;
- Upon completion of the investigation process, We will forward a copy of your grievance report to the concerned user of the Portal;
- If the Company is satisfied that the complaint contained in the grievance report is genuine, the Company shall take the necessary actions to redress your grievance.
Please note, however, that the Company alone shall take all decisions regarding whether the or not the grievance complained of in the grievance report actually constitutes a valid grievance. Further, you acknowledge that it is within the Company’s sole discretion whether to enforce the Company’s terms of service in response to any particular complaint. If the Company does not act, it is not considered a waiver of any right to do so in the future. Please note, the information provided here does not represent legal advice and is for informational purposes only. You may need to obtain professional legal advice for certain types of complaints.
- CANCELLATION OF ACCOUNT AND RETENTION OF INFORMATION
18.1 Where you have created an account for yourself and registered on the Portal, you acknowledge that your account and the rights associated therewith can be cancelled under the following circumstances:
- Where you opt to delete your account by clicking on the “Delete Account” button located in the “Manage My Account” tab;
- Where We reasonably suspect you of violating any provisions of this Agreement; or
- Where your account has not been used or logged into for a significant duration of time;
18.2 Upon cancellation of your account for any reason whatsoever, all rights and licenses granted to you will immediately and automatically terminate and you may not be able to use the services and facilities that were available to you during the time your account was still active. You acknowledge, however, that cancellation of your account shall not prejudice any rights or remedies available to the Company against you under law or this Agreement.
18.3 You acknowledge that immediately within 15 days from the date of cancellation of Your account, the Company shall be entitled to delete from its systems, the User Content, after having provided notice to you regarding the same. You agree and acknowledge that you shall be solely responsible for copying your User Content from the Company’s systems to your own systems, before the Company undertakes such deletion.