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User
Agreement
These Terms of Use
govern your use of the websites, content and community services offered through
http://in.indiatimes.com
(“Site”). You (the user) agree to access "the site", subject to the
terms and conditions of use as set out
here.
TIL may add to or change
or update these Terms of Use, from time to time entirely at the its own
discretion. You are responsible for checking these Terms of Use periodically to
remain in compliance with these terms. Your use of a Site after any amendment
to the Terms of Use shall constitute your acceptance of these terms and you also
agree to be bound by any such
changes/revisions
.
Changes
TIL reserves the right to
suspend / cancel, or discontinue any or all channels, products or service at any
time without notice , make modifications and alterations in any or all of the
content, products and services contained on the site without prior notice. Such
changes will be posted to http://www.indiatimes.com/agree.html for your
reference and convenience so as to enable you to understand your responsibility
as a user.
Charges
TIL
reserves the right to charge subscription and / or membership fees from a user,
by giving reasonable prior notice, in respect of any product, service or any
other aspect of this Site.
Copyright
and Trademarks
Unless otherwise
stated, copyright and all intellectual property rights in all material presented
on the site (including but not limited to text, audio, video or graphical
images), trademarks and logos appearing on this site are the property of Times
Internet Limited, its parent, affiliates and associates and are protected under
applicable Indian laws. You agree not to use any framing techniques to enclose
any trademark or logo or other proprietary information of TIL.
Any infringement shall
be vigorously defended and pursued to the fullest extent permitted by
law.
Limited
Permission to Copy
TIL grants
you permission to only access and make personal use of the Site and You agree
not to download or modify/alter/change/amend/vary/transform/revise TIL’s
Site, or any portion of it, except with the express consent of TIL. You are
permitted to print or download extracts from these pages for your personal,
non-commercial use only. Any copies of these pages saved to disk or to any other
storage medium may only be used for subsequent viewing purposes or to print
extracts for personal use.
TIL
forbids you from any attempts to resell or put to commercial use any part of the
Site; any collection and use of any product listings, descriptions, or prices;
any derivative use of the Site or its contents; any downloading or copying of
account information for the benefit of any other merchant; or any data gathering
or extraction tools; or any use of meta tags. You may not (whether directly or
through the use of any software program) create a database in electronic or
structured manual form by regularly or systematically downloading and storing
all or any part of the pages from this site.
No part of the Site may be
reproduced or transmitted to or stored in any other web site, nor may any of its
pages or part thereof be disseminated in any electronic or non-electronic form,
nor included in any public or private electronic retrieval system or service
without prior written permission. Requests to republish TIL’s material for
distribution should be addressed to Times Syndication Services at E-Mail -
tss@timesgroup.com.
Individual
Registration, Access and Exchange of InformationFor certain services such as
email, personal web pages, contests and shopping, registration by the visitor is
required. To register for these services you have 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
also will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. By registering,
you agree to the following terms 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.
To
access these services, you will be asked to enter your individual User Name and
Password, as chosen by you during your registration. Therefore, we do 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
Indiatimes as users of the Site; or
• Access through a single
account and Password being made available to multiple users on a network.
If TIL reasonably believe that
an account and Password is being used / misused in any manner, TIL shall reserve
the right to cancel access rights immediately without notice, and block access
to all users from that IP
address.
Furthermore, you are
entirely responsible for any and all activities that occur under your account.
You agree to notify TIL immediately of any unauthorized use of your account or
any other breach of security. TIL 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 TIL or another party due to someone
else using your account or
password.
No unlawful
or prohibited use
As a
condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable,
overburden, or impair any TIL’s server, or the network(s) connected to any
TIL server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or to any of the Services, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through the
Services.
Material
Posted/transmitted at TIL’s
Site
All information, data,
text, software, music, sound, photographs, graphics, video, messages or other
materials (“Content”), whether publicly or privately transmitted /
posted, is the sole responsibility of the person from where such content is
originated (the Originator). By Posting any material which contain images,
photographs, pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that (a) you are the copyright owner of
such Images, or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of your use and as otherwise
permitted by these Terms of Use and the Services, (b) you have the rights
necessary to grant the licenses and sublicenses described in these Terms of Use,
and (c) that each person depicted in such Images, if any, has provided consent
to the use of the Images as set forth in these Terms of Use, including, by way
of limitation, the distribution, public display and reproduction of such Images.
You represent that you have
valid rights and title in any and all Content/Images that you submit on the
Site, that you have not infringed on any IPR belonging to any party and further
that you will indemnify TIL or its affiliates for all claims arising out of any
content that you post on the
Site.
TIL accepts no
responsibility for the said Content / Images. However, you understand that all
Content / Images posted by you becomes the property of TIL and you agree to
grant/assign to TIL and its affiliates, a non-exclusive, royalty free,
perpetual, irrevocable and sub-licenseable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform and
display such Content / Images (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed
throughout the
world”.
Exchange of
Information qua CHAT & other Community Services
You represent that you are
a responsible adult (18
years or above)
and you shall be solely
responsible for all Content that you upload post or otherwise transmit.
TIL endeavours to provide a
web platform for various community interactions for persons to interact and
exchange views with each other. The content posted on such services is by
general public therefore the accuracy, integrity or quality of such content
cannot be guaranteed. You understand that by using such services, you may be
exposed to objectionable matter.
By
using the facility of chat and other community services you agree not to upload,
post, or otherwise transmit any matter or views, which are, defamatory, abusive,
pervasive, obscene, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable. You may also not indulge in cyber
stalking, become or create a nuisance for any visitor / user of the
Site.
You may not send, submit,
post, or otherwise transmit, material or messages that contain software virus,
or any other files that are designed to interrupt, destroy, and negatively
affect in any manner whatsoever, any electronic equipment in connection with the
use of this Site, or other user's ability to engage in real time
exchanges.
Limitations
of Liabilities
Any transactions
relating to sale/purchase of goods or services not directly offered by TIL are
to be settled inter-se between the parties to such transaction and all
warranties express or implied of any kind, regarding any matter pertaining
thereto, including without limitation the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement are disclaimed by TIL.
TIL merely endeavors to provide a platform where you and other party may
interact, exchange information or carry out sale/purchase transactions on such
terms and in the manner mutually agreed between you and the other party. TIL
does not have any involvement in the actual transactions between the buyers and
sellers in any way. It is only you, who is entirely responsible for all the
activities, arising out of the transactions of sale/purchase of goods or
services offered by any other party and not TIL. TIL will not be liable for any
loss that you may incur, while selling or purchasing goods /services of the
third party.
Under No
circumstances will TIL be held responsible or liable, in any way, for any
content which in Legal opinion is derogatory, threatening, defamatory, obscene
or offensive or offends public sensibilities or morals and shall also not assume
liability for any errors or omissions in any content, or for any loss or damage
of any kind incurred as a result of the use of any content posted or uploaded on
the Site, or any infringement of another's rights, including intellectual
property rights. You specifically agree that TIL is not responsible for any
content sent using and/or included in TIL’s site/service by any third
party.
Termination
of Account
TIL reserves its
right to refuse service, restrict, suspend,terminate your account; (Terminate
this Agreement; Terminate or suspend your access to the TIL’s Web Sites;
Refuse, move or remove for any reason any Content / Image that you submit on or
through the Services; Refuse, move, or remove any Content / Image that is
available on or through the Services; Deactivate or delete your accounts and all
related information and files in your account; Establish general practices and
limits concerning use of the Services) at any time and, remove or edit contents
or cancel orders (entered by you) in its sole discretion with or without cause,
and with or without any prior notice for any violation of the Terms of Use. Upon
such termination or suspension, your right to use the TIL’s Web Sites will
immediately cease.
You can also
terminate your account at any time but your information may remain stored in
archive on our servers even after the deletion or the termination of your
account.
User
Conduct and Obligations
You
agree to follow all applicable laws and regulations when using this website. You
agree to not use any product or the service available on a Site
to:
(a) Upload, post, email, transmit
or otherwise make available any content that is unlawful, illegal, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable. This includes text, graphics, video, programs or
audio.
(b) Upload, post, email,
transmit or otherwise make available any viruses, trojan horses, time bombs, or
any other harmful programs or
elements.
(c) Harm minors in any
way.
(d) Engage in antisocial,
disruptive, or destructive acts, including "flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly understood and used on
the Internet
(e) Impersonate any
person or entity, including, but not limited to, TIL’s official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or
entity.
(f) Forge headers or
otherwise manipulate identifiers in order to disguise the origin of any content
transmitted through the
Site.
(g) Disrupt, place unreasonable
burdens or excessive loads on, interfere with or attempt to gain unauthorized
access to any portion of our website, its computer systems, servers or
networks
(h) Upload, post, email,
transmit or otherwise make available any content that you do not have a right to
make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements).
(i) Upload, post, email,
transmit or otherwise make available any content with the intention of
committing or promoting an illegal act.
(j) Upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright, privacy rights, rights of publicity, or other proprietary
rights ("Rights") of any
party.
(k) Upload, post, email,
transmit or otherwise make available any unsolicited or unauthorised
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," duplicative messages or any other form of
solicitation.
No Controlling
Spam Policy or Unsolicited
E-mails
You will not use any
communication tool or other means available on the Site to transmit, directly or
indirectly, any unsolicited bulk communications (including emails and instant
messages). TIL will not sell, lease or rent its e-mail subscriber lists to third
parties. You may not harvest information about users of TIL for the purpose of
sending or to facilitate the sending of unsolicited bulk communications. We may
terminate your access or use of the Site immediately, with or without any
notice, and take any other legal action if you, or anyone using your access
details to the Site, violates these terms. We may adopt any technical remedy
(including any filtering technology or other measures) to prevent unsolicited
bulk communications from entering, utilizing or remaining within our computer or
communication networks. Such filtering technology or other measures may block,
either temporarily or permanently, some e-mail sent to you through the
TIL’s Web
Sites.
Terms
of Use for Indiatimes
mail
Indiatimes Mail is
designed to not let your mails bounce on account of space. However, your mails
may bounce on account of other reasons like wrong or mispelt recipient name,
size of e-mail, size /number of attachments, overall attachment limit,
mail/attachment containing viruses/sinister code, server fault from the senders
end, internet link failure etc, for which Indiatimes has no control and
responsibility.
The size of
the mail/size of attachments, etc. should be in accordance to the guidelines of
Indiatimes e-mail:
7 Megabyte (MB) for Incoming
Mail
20 MB for Outgoing Mail
Unlimited storage space is an
offer valid only for a limited period of time and it can be withdrawn/extended
by Indiatimes at any given point of time. The offer is valid only to those users
meeting all the registration criterion and adhering to the usage policy defined
below. (TIL reserves the right to withdraw this offer at any given point of time
at its discretion)
Usage
policy of Indiatimes Mail
If
the user does not access/log in into his mailbox at least once in three months
(90 days) period, then the user account will be terminated and the user will no
longer have access to the same. The users are subject to all other terms and
conditions as listed in http://info.indiatimes.com/terms/tou.html , terms of
use.
Disclaimer
of Warranties and Liability
All
the contents of this Site are only for general information or use. They do not
constitute advice and should not be relied upon in making (or refraining from
making) any decision. Any specific advice or replies to queries in any part of
the Site is/are the personal opinion of such experts/consultants/persons and are
not subscribed to by this Site. The information from or through this site is
provided on "AS IS" basis, and all warranties and conditions, expressed or
implied of any kind, regarding any matter pertaining to any goods, service or
channel, including without limitation, the implied warranties of
merchantability, fitness for a particular purpose, workmanlike effort, title and
non-infringement are disclaimed and
excluded.
TIL and its parent,
affiliates and associates shall not be liable, at any time for any, direct,
indirect, punitive, incidental, special, consequential, damages (including,
without limitation, damages for loss of business projects, damage to your
computer system or damages for loss of profits, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of
the TIL’s sites/services, with the delay or inability to use the
TIL’s sites/services or related services, the provision of or failure to
provide services, or for any information, software, products, services and
related graphics obtained through the TIL sites/services, or otherwise arising
out of the use of the TIL sites/services) arising in contract, tort or otherwise
from the use of or inability to use the Site, or any of its contents, or from
any act or omissions a result of using the Site or any such contents or for any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communications line failure, theft
or destruction or unauthorised access to, alteration of, or use of information
contained on the site. No representations, warranties or guarantees whatsoever
are made by TIL 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 products, services, content, information, or other material
purchased or obtained from the website will meet your expectations or
requirements; or (d) any errors in the website will be
corrected.
Links
to Other Sites
Certain links on
the Site lead to resources located on servers maintained by third parties, these
sites of third party(s) may contain TIL’s-logo, please understand that it
is independent from TIL, over whom TIL has no control or connection, business or
otherwise as these sites are external to TIL. You agree and understand that by
visiting such sites you are beyond the TIL’s website. TIL, therefore
neither endorses nor offers any judgement or warranty and accepts no
responsibility or liability for the authenticity, availability, suitability,
reliability, accuracy of the information, software, products, services and
related graphics contained, of any of the goods/services/or for any damage, loss
or harm, direct or consequential or any violation of local or international laws
that may be incurred by your visit and/or transaction/s on these site(s), as the
same is provided on "as is" without warranty of any kind. TIL gives no warranty
and makes no representation whether expressed or implied, that the information
contained in this site is error free. TIL shall not be responsible nor liable
for any consequential damages arising on account of your relying on the contents
of the advertisement. Before relying on the material, users should independently
verify its relevance for their purposes, and should obtain any appropriate
professional
advice.
Material
Submitted by Users
Certain
elements of the Site will contain material submitted by users. TIL accepts no
responsibility for the content, accuracy, conformity to applicable laws of such
material. You will indemnify and hold harmless TIL against all third party
claims, demands and actions brought against TIL which arises from or relates to
the material submitted by
you.
Advertising
Material
Part of the Site
contains advertising information or promotion material or other material
submitted to TIL by third parties. Responsibility for ensuring that material
submitted for inclusion on 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 other than TIL found on or through the Website, 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. TIL will not be responsible or liable
for any claim, error, omission, inaccuracy in advertising material or any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such non-TIL advertisers on the Website. TIL reserves
the right to omit, suspend or change the position of any advertising material
submitted for insertion. Acceptance of advertisements on the Site will be
subject to these terms and conditions.
Data
Protection
TIL may send
information and offer products and services to you from time to time. For
further details relating to our policy relating to such offer please refer to
our privacy statement. Notwithstanding the foregoing, TIL reserves the right to
disclose any information in response to / that it is required to be shared,
disclosed or make made available to any governmental, administrative, regulatory
or judicial authority under any law or regulation applicable to
TIL.
Further, TIL can (and you
authorize TIL to) disclose your name, street address, city, state, zip code,
country, phone number, email, and company name to Intellectual Property right's
owners, as we in our sole discretion believe necessary or appropriate in
connection with an investigation of fraud, intellectual property infringement,
piracy, or other unlawful
activity.
Relationship
None of the provisions of the
User Agreement shall be deemed to constitute a partnership or agency between you
and TIL and you shall have no authority to bind TIL in any manner, whatsoever.
Force
Majeure
TIL shall have no
liability to you for any interruption or delay, to access the Site irrespective
of the cause.
Indian
Law
The Agreement shall be
governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have
exclusive jurisdiction over any disputes arising under this
agreement.
Entire
Agreement
These Terms of
Service 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.
Right
to remove inappropriate
messages
We reserve the right
to remove any messages we deem to be inappropriate, i.e, racist, sexist or
threatening. Messages using inappropriate language will also be removed. We do
not wish to be censors, but our forums must remain civilized and respect the
rights of
others.
Limited
time to bring your claim
You
and TIL agree that any cause of action arising out of or related to the
TIL’s web sites, only, must commence within one (1) year after the cause
of action accrues otherwise, such cause of action will be permanently barred.
Acceptance
of Privacy Policy
By using
TIL’s sites and services, you signify your acceptance of this Privacy
Statement. If you do not agree or are not comfortable with any policy described
in this Privacy statement, your only remedy is to discontinue use of TIL sites.
We reserve the right, to modify this Privacy Statement at any
time.
General
Terms
Rights and obligations
under the Terms which by their nature should survive will remain in full effect
after termination or expiration of the
Terms.
Any express waiver or
failure to exercise promptly any right under the Terms will not create a
continuing waiver or any expectation of non-enforcement.
If any provision of the Terms
is held invalid by any law or regulation of any government, or by any court or
arbitrator, the parties agree that such provision will be replaced with a new
provision that accomplishes the original business purpose, and the other
provisions of the Terms will remain in full force and
effect.
Notice
of Copyright Infringement
TIL
is not liable for any infringement of copyright arising out of materials posted
on or transmitted through the site, or items advertised on the site, by end
users or any other third parties. 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 your 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) A physical or
electronic signature of a person authorized to act on behalf of the copyright
owner for the purposes of the complaint.
(b) Identification of the
copyrighted work claimed to have been infringed.
(c) Identification of the material
on our website that is claimed to be infringing or to be the subject of
infringing activity.
(d) The
address, telephone number or e-mail address of the complaining party.
(e) 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.
(f) 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.
All notices
of copyright infringement should be sent
to:
infringement.notice@indiatimes.com
Legal
Head
Times Internet
Limited
4th Floor, ‘I’
World Tower,
DLF City Phase V,
Opposite DLF Golf Course
Gurgaon,
Haryana
122002
India
Ph:
0124-4187000
Copyright
©2008 Times Internet Limited. All rights reserved.
This disclaimer/terms of service
notification is subject to change without notice.
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