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These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and GLOSSAREAD. In this Agreement, the term “Site” includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or back websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services including but not limited to the Publishing Agreement, which governs the “Content” as defined therein and User Submission Agreement, which governs your submission or “User Content” (“Additional Agreements”).
The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and we reserve the right, at any time and from time to time, at our sole discretion, to change the terms of this Agreement. We will post notice of such changes to this Agreement and Additional Agreements on the Site. If you object to any such changes, your sole recourse shall be to stop using the Site. Your continued use of the Site following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
“User Content” means and refers to any and all content, media and materials you submit for posting on the Site using the User Submission features, including, without limitation, articles, writings, spoken statements, music, audio, video, video recordings, computer graphics, visual effects, advertisement content, as well as any accompanying documentation, packaging or other materials, tangible and intangible and to all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, characters, real or imaginary, in any part of the world.
“Post” or “Posting” means and refers to any and all the information, ideas, opinions, messages, comments, suggestions and /or other information that you submit, post, display, transmit and /or exchange using the opportunity and means provided by this Site, to participate in forum services, blogs, web communities and other messages and communication facilities. User Content is also considered a “Posting”, and therefore, all terms and conditions contained herein shall apply to all terms and conditions contained within this Agreement. You are solely and entirely responsible for the consequences of all Postings that you upload and otherwise make available on the Site. Postings are not reflective of the Site, GLOSSAREAD or it’s Affiliates and are solely the user’s views, ideas, opinions, or other information.
1. User Registration
2 Your Responsibilities
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsibilities for all acts and omissions that occur in, from, through or under your user name or password you shall not use, allow, or enable others to use the Site, to:
- Violate any local, state, national, or international law or regulation, judicial or governmental order, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or any other person; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- Affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise unlawful or objectionable
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, or so-called “spamming” or “phishing”, chain letters, pyramid schemes, or any other form of solicitation;
- Transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files of programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Stalk, harass, or harm another individual, including by revealing the real name of any fellow user that has chosen to use an alias on the Site;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Use any ‘robot’, ‘spider’, ‘rover’, ‘scraper’ or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Site, our network or databases;
- Interfere with or disrupt the Site or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
Further you represent and warrant that:
- the Posting does and will not, in any way, violate or breach any terms of this Agreement;
- we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting, unless specifically so stated in any Additional Agreement(s);
- your User Content and our authorized use of the same do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights); and
- you have the right to grant the Site, GLOSSAREAD and their Affiliates the right to use all such names, logos, brands, service or trade mark, sound, likeness or image of any person, firm or enterprise that are incorporated in your Postings;
Postings do not reflect the views of the Site or GLOSSAREAD or their Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgement, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to a) refuse to allow you to Post; b) remove and delete Postings; c) revoke your right to use the Site; and/or d) use any technological, legal, operation or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
4 Ownership of Intellectual Property
The contents of this Site, including all Site databases, proprietary information, articles, software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, arrangements, sequence and ‘look and feel’ and all trade marks, service marks and trade names; patents, designs, algorithms and other industrial property rights including “logos”, “rental” rights and rights to remuneration, whether arising by operation of law, contract, license or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues here now or hereinafter in force (including any rights in any of the foregoing) (individually and / or collectively “Material”), are the property of GLOSSAREAD and their Affiliates, and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers and operational service providers and are legally protected, under India and foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly state so in writing, the term “Site” includes “Materials” as well.
Further, we own all the rights, title and interests in any compilation, collective work or other derivative work created by using or incorporating your content (excluding your original content / User Content). You grant us and our users an irrevocable, non-exclusive, royalty free or fully paid (as applicable), perpetual right and license to distribute User Content, directly and through third party distributors, in all digital formats by all digital distribution means available.
We respect and protect intellectual property rights, both our own and others. Accordingly, we employ multiple measures to prevent intellectual property infringement over this Site and to promptly end any infringement that might occur. We have a policy of removing User Content that violates any intellectual property right; suspend access and/or terminate the account of any user who uses to the Services and/or the Site to violate any intellectual property rights. If you believe that the Site contains elements that infringe your intellectual property rights, please send a written notice containing a statement of the alleged infringement to our agent listed here: [email protected]
Your written notice must: a) contain your physical or electronic signature; b) contain a statement, under penalty of perjury, that you are the owner or the authorized signatory of the owner and believe that the Material on our Site is infringing in nature; c) contain a statement that the information contained in the written notice is accurate; d) identify the original intellectual property or rights thereto, claimed to be infringed; c) identify the allegedly infringing Material to enable us to locate the Material; and e) contain adequate information by which we can contact you (including postal address, telephone number and email address).
If you are a user whose Post was removed or access to it disabled, and you believe that the same was removed owing to a mistake or a misidentification, then please send us a notice to the aforementioned address. Your notice may contain the same information as is required in items a) and e) above in addition to i) identification of the Material that has been removed or disabled along with it’s location on the Site and ii) a statement, under penalty of perjury, that the Material has been removed owing to a mistake or a misidentification.
5 Commercial Use
You may not copy, make derivative works, resell, distribute, or make any commercial use or (other than to keep and share information for your own non-commercial purpose) any User Content, content, articles, databases or materials available through our Services or Site. You may not copy or download, without authorization, sell, sub-license or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted) or the communications protocol for accessing the Services, the Site or other Material on the Site. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
6 Disclaimer and Limitation Of Liability
THIS SITE, MATERIALS, SERVICES, USER CONTENTS AND POSTINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILBLE” BASIS AND YOU EXPRESSLY AGREE THAT USE OF SAME IS AT YOUR SOLE RISK. THE SITE, GLOSSAREAD OR IT’S AFFIALIATES DO NOT DO NOT MAKE ANY REPRESETNATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE STIE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, OR OPERATIONS WILL BE AVILABLE OR UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, OR AS TO THE FITNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR THROUGH THE SERVICES OR SITE SHALL CREAT ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, WILL WE, OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGILE LOSSES, RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE SERVICE OR THE SITE. FURHTER, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVEN SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID OR DUE TO US (IF APPLICABLE) FOR A PERIOD OF SIX MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
In those jurisdictions that do not permit exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, our liability shall be the minimum permitted under such applicable law in such jurisdictions.
You agree to indemnify, defend and hold the Site, GLOSSAREAD, it’s officers, directors, employees, licensors, Affiliates, subcontractors, successors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) breach or violation of this Agreement or public posting of your Postings. We reserve the right, at our expense, to assume the exclusive defense and control of any matter and all negotiations for settlement or compromise, including those otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
Neither party shall be deemed an employee, agent, partner or legal representative of the other for any purpose, and neither shall have or represent that it has any right, power or authority to bind the other or to assume or create any obligation or responsibility under law expressed or implied on behalf of the other or in the name of the other unless provided in this Agreement or Additional Agreements.
You agree to communicate with us electronically. Your affirmative act of registering, using or logging into the Services and the Site constitutes your acceptance to this Agreement. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY, AT OUR DISCRETION, EITHER I) VIA EMAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS; OR 2) BY POSTING THE NOTICE ON THIS SITE. The delivery of any Notice is effectively when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Services and the Site. In case you wish to send us a notice, you may communicate electronically at the mentioned email address: [email protected]
11 Governing Law and Jurisdiction
This Agreement together with the Additional Agreement constitute the entire and exclusive and final statement of the agreement between you and us regarding use of and govern your use of the Services and the Site, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between this Agreement and any other agreement, this Agreement shall govern.
This Agreement and your use of the Services and the Site shall be construed and enforced in accordance with the laws of India, without regard to its conflict of laws principles. You specifically agree to submit to the exclusive jurisdiction and venue of New Delhi and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. Our failure to exercise or enforce any right or provision of this Agreement or Additional Agreements shall not constitute a waiver of such right or provision.
You further agree that all disputes, arising out of or in connection with this Agreement and /or your use of the Services and/or the Site, shall be finally settled under the Rules of [Arbitration of the International Chamber of Commerce] by a sole arbitrator appointed in accordance with the said Rules. Arbitral proceedings shall be held at New Delhi. Language of Arbitration proceedings shall be English. Both the parties shall bear their respective costs.