“User” or “You”: means any person who access or avail this Website/Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Website/Site of the Company
By accessing the Website/Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the Website/Site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this Website/Site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Website/Site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website/Site or Services you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Site or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.
2. THE SERVICE REGISTRATION AND ACCESS TO USE
Registration: To register for the Services, you may (if applicable) be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e., above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard.
Facebook Connect: You may (if applicable) also register for the Services by using your Facebook username and password. If, however, you are under 18 years of age, you may log in to the Services using Facebook Connect and utilize the Services only under the supervision of your parent or legal guardian. Using Facebook Connect allows us to personalize and enhance your experience while using the Services, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Services (i.e. what you have read, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings. By registering through Facebook, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
- You may subscribe to the Services being offered on the Site from any part of the world, except the European Union, by paying a nominal subscription fee as charged by the Company from time to time. In case you are a subscriber located outside the territory of India then you can pay the said subscription fee in United States Dollar (USD) through a third-party payment gateway, and in Indian Rupee (INR) if you are a subscriber within the territory of India.
- You agree to pay the subscription fees and any other charges incurred in connection with your subscription to the Services (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, which will be separately disclosed on the Site by the Company.
- The Company reserves the right to change the amount we charge for such access or subscription that include authorization to access the Services at any time. In such an event, we shall notify you in advance, and give you an opportunity to continue your subscription or to un-subscribe to the Services.
- You will not be entitled to any refund of subscription fees once paid, even if you decide to cancel your subscription during the subscription period.
- As a paid subscriber, you shall be eligible for various third-party promotions and/or discounts if and when made available and accessible by the Company.
- Your subscription to the Services in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by the Company.
- You must be 18 years of age or older to purchase a subscription to the Services or any other content, product, or service offered by us through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf.
- You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service.
- From time to time we may offer free trials of our Services. A person who subscribes under a free trial offer will not be charged the subscription fee at the beginning of the subscription period. If at the end of the free trial period a subscriber has not cancelled their subscription they will be charged with the subscription fee. We can review and alter our prices for any subscription period at any time. Any changes to pricing for existing subscribers will take effect when your next subscription period starts. If the price for your next subscription period is to increase we will let you know before it changes.
Geographic Limitation: The Site and/or the Services are controlled and offered by Company from its facilities in the territory of India. Company makes no representations that the Site or Services are appropriate or available for use in other locations. If you are accessing or using the Site or Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Site or Services may contain or provide links to content hosted on website located outside of the India.
Access to use: To access the Services, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:-
- Any other person sharing your account and Password;
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network.
Your access to some of the Sites’s content, features, and services may be limited depending on whether you have purchased a subscription. You will only have access to the Services that you are subscribed to. A paying member shall have exclusive access to the subscriber-only section of the Services, whereas other users shall only have access to a limited number of Services and content. Subscribers must not reveal any username(s) or password(s) to any third party.
If the Company reasonably believes that an account and password is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Company reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Company’s sole discretion and without any liability to you. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address; Company reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party
Availability: The availability of content through the Services may change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
3. LINKS TO OTHER SITES
The Company is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site.
4. CONTENT OWNERSHIP AND LIMITED LICENSE
“Company Content” means Company proprietary content, including but not limited to, Company trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.
“Third Party Content” You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.
“User Submissions” means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that the Company allows its users to uploads, posts, flips, compiles or otherwise provided to Company via the Site and Services, as applicable.
Ownership: The Site, Services and the Company Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Site, Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Company Content. Company claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.
Limited License: Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or the Services and the Content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable copyright law. Any unauthorized use of the Contents or the Services will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or the Services for any unauthorised purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of Content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages against you for any such violation.
Interactions between Users: You are solely responsible for your interactions (including any disputes) with other users. You understand that Company does not in any way screen Company users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Company users. You agree to take reasonable precautions in all interactions with other Company users, particularly if you decide to communicate with Company user offline or meet them in person. Your use of the Site, Services, Company Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Company hereby disclaims any and all liability to you or any third party relating thereto. Company reserves the right to contact Company users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity via the Services.
By making available any User Submissions through the Site and Services, you hereby grant to Company and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Company does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You hereby acknowledge and agree that Company shall not be liable for any Uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that Company reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Company’s use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.
By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services.
5. OTHER INFORMATION CONTENT PROVIDERS: NON-STAFF BLOGGERS, OTHER PROVIDER CONTENT
The Website is a distributor of content supplied by other information content providers such as non-staff bloggers, commenters and content owned by other providers that is published with their permission on the Website. The Website is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by the Company. The Company is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Company cannot and does not monitor all of the information posted to the Website and assumes no duty to monitor the Website for inappropriate or inaccurate content. The Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders 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. Notwithstanding the foregoing, the Company reserves the right to remove information provided by other information content providers at any time in its sole discretion.
6. ADVERTISING MATERIAL
Part of the Site or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
7. COLLECTION AND USE OF PERSONAL INFORMATION
8. YOUR OBLIGATIONS
You hereby agree and assure the Company that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services.
- either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by the Company;
- either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
- use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company’s server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party’s use and enjoyment of the Site or the Services;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;
- perform any activity which is likely to cause such harm;
- carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
- use the Site or the Services for illegal or unlawful purposes;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company’s customer;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
- attempt to gain unauthorized access to the Services, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;
- incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
- create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by the Company;
- use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Site or the Services in a manner that sends numerous automated requests to the Site’s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes;
- Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
- Impersonate or misrepresent your affiliation with any person or entity;
- Encourage or enable any other individual to do any of the foregoing.
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based, on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Site may permit you to post user submissions including but not limited to reviews of Content available through the Services, comments on such Content etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.
More specifically, when you review / rate any Content available on the Services (as per functionality made available on the Site), you give the Company express rights and consent to display your rating / review in relation to the relevant Content on the Site, including making it available to other members for viewing. If you do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features.
These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires or through postings to the Services / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Site, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User Submissions.
You shall be financially responsible for your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access of the Site under your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by you or members of your family for using the Services and accessing the Site, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
You agree that the Company may directly or through third party service providers send information to you about the various services offered by the Company from time to time.
9. PROHIBITED ACTIVITIES
You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- contain misleading information regarding the origin of the Content; or
- otherwise contains objectionable content.
You understand and agree that the Company may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.
10. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION OF THE SERVICE
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and the Company suspends or discontinues the Services, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
11. OFFERS AND PROMOTIONS
- Promotional codes, offers and coupons are valid for a limited time only. OMSR Media Pvt. Ltd reserves the right to modify or cancel such offers at any time. The offers shall only apply and be redeemable once the conditions for subscription or purchase as prescribed therein are met. Users are not bound in any way to participate in or avail the offers made. Any participation is voluntary, and the offers are being made purely on a best effort basis.
- You acknowledge that the offers and codes are fulfilled by third party partners and agents and are to be redeemed at such third party sites only. You further acknowledge and agree that OMSR Media Pvt. Ltdis not responsible or liable for: (a) the validityof such offers or codes; or (b) the successful redemptionof such offers on the third party websites or resources; or (c) any loss, injury or any other liability arising due to participation in or availingthe offers by any person.The Users also understand that OMSR Media Pvt. Ltdis not liable if the third party partners/agents refuse to or are unable to honour the promotional codes, offers or coupons. It is the sole liability of the third party agents/partners.
- Offers, codesand coupons offered in association with third party partners or agents do not imply any endorsement by OMSR Media Pvt. Ltdand its website www.nonnewz.com of the content, products or services available from such partners or agents. You acknowledge sole responsibility for and assume all risk arising from your use of any such partner’s or agent’s websites or resources or the content, products or services on or available from their websites or resources.
12. DISCLAIMER OF WARRANTIES AND LIABILITY
You understand and agree that the Company provides the Services on ‘as-is’ ‘with all faults’ and ‘as available’ basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware
The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.
In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
- any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
- your use or misuse of or access to the Site or the Services;
- your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
- any claim that you have caused damage to a third party.
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company’s defence of these claims.
14. GRIEVANCE REDRESSAL MACHENISM
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer via email signed with the electronic signature to email@example.com.
Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
15. GENERAL TERMS
Relationship: None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
Assignment: You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
Force Majeure: Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ‘Force Majeure Event’ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
Applicable Law: These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at Gurgaon, Haryana.
Arbitration: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by Arbitration in India, before a single arbitrator in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
Limited Time To Bring Your Claim: You and the Company agree that any cause of action arising out of or related to use of the Site or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Survival: Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Non Waiver: Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
Entire Agreement: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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Last updated on 19 February, 2020