DISCLAIMER AND TERMS OF USE
updainikbhaskar.com (“updainikbhaskar.com or “Site”) is owned and operated by Defacto Communication Private Ltd. and contains material which is derived in whole or in part from material supplied by the Company, various new agencies, syndication partners and other sources, and is protected by copyright and trademark laws. The restrictions on use of the material and content on this Site by you are specified below. Except where specifically authorized, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.
DISCLAIMER
By accessing updainikbhaskar.com, you (“you” or “your” or “User” or “Subscriber”) have read, understood and agree to be legally bound by the terms of the following disclaimer and user agreement:
INFORMATION ON THE SITE
The information contained in this website is for general information purposes only. While we endeavor to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE. You expressly agree that use of the website is at your sole risk. You understand that all information which you have access to as part of, or through your use of, the features on the Website (“Content”) is the sole responsibility of the third party/person from whom such content originates. You further understand that the Content and associated information, including but not limited to advertisements, and the rights therein may be owned by such third parties and we do not accept any liability in respect of any such content including advertisement. You undertake to not modify, reproduce, rent, lease, loan, sell, distribute display or create derivative works/adaptations based on the Content, either in whole or in part, unless you have received specific consent in writing to do so. updainikbhaskar.com makes no warranty that the site contents are Virus free or any thing else, which has destructive properties and shall have no liability in respect thereof.
REDIRECTIONS AND LINKS ON THE SITE
The links in this site will allow you to leave updainikbhaskar.com. The linked sites are not under the control of updainikbhaskar.com. updainikbhaskar.com has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by updainikbhaskar.com of the site. Every effort is made to keep the website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
TERMS OF USE OR USER AGREEMENT
The Company shall have the right at any time to change or modify the terms and conditions applicable to your use of the Defacto Communication Private Ltd. Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Defacto Communication Private Ltd. sites, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the Defacto Communication Private Ltd. Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. The term ‘updainikbhaskar.com’ is used through this entire Terms of Use document to refer to the website, its owners and the employees and associates of the owner. Associate/Group Sites are sites owned or operated by Defacto Communication Private Ltd. or any of its associate or group companies. “Associate Companies “or “Group Companies” shall mean companies that are subsidiaries or affiliates and assigns of Defacto Communication Private Ltd. including, without limitation, any legal entity that is directly or indirectly controlled by Defacto Communication Private Ltd..
By visiting our site you are agreeing to be bound by the following terms and conditions. We may change these terms and conditions at any time. Your continued use of updainikbhaskar.com means that you accept any new or modified terms and conditions that we come up with.
REGISTRATION
To sign in for Mail or to join contests, campaigns, gain access to and/or to log on to the exclusive content areas, guests of the Site are required to register with the Site. However, parents and guardians of children below age of 18 years are required to approve and accept the member registration of any such child who is below the age of 18 years before such child can enjoy the benefits of the Site. Any and all contests and campaigns hosted or conducted on the Site are subject to the terms and conditions as set out on the Site and you are requested to read the same before participating in the same.
By registering, you certify that all information you provide, now or in the future, is accurate. updainikbhaskar.com reserves the right, in its sole discretion, to deny you access to this website or any portion thereof without notice for the following reasons (a) immediately by updainikbhaskar.com for any unauthorized access or use by you (b) immediately by updainikbhaskar.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement.
LICENSE
updainikbhaskar.com hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access updainikbhaskar.com provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Terms of Use.
COPYRIGHT & NO RETRANSMISSION OF INFORMATION
updainikbhaskar.com as well as the design and information contained in this site is the valuable, exclusive property of updainikbhaskar.com, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
You may not resell, redistribute, broadcast or transfer information, software and applications or use the information, software and applications provided by updainikbhaskar.com in a searchable, machine-readable database unless separately and specifically authorized in writing by updainikbhaskar.com prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share updainikbhaskar.com, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by updainikbhaskar.com prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of updainikbhaskar.com without prior written authorization.
DELAYS IN SERVICES
Neither updainikbhaskar.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. updainikbhaskar.com shall have no responsibility to provide you access to updainikbhaskar.com while interruption of updainikbhaskar.com is due to any such cause shall continue.
THIRD PARTY WEBSITES
The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or
permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. The links in this site will allow you to leave updainikbhaskar.com. The linked sites are not under the control of updainikbhaskar.com. updainikbhaskar.com has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by updainikbhaskar.com of the site.
USER SUBMISSIONS AND CONDUCT
As an updainikbhaskar.com account holder you may submit textual content (“User Comments”). You understand that updainikbhaskar.com does not guarantee the publication of the User Comments. You further understand that whether or not such User Comments are published, updainikbhaskar.com does not guarantee any confidentiality with respect to any User Comments. You shall be solely responsible for your own User Comments and the consequences of posting or publishing them. In connection with User Comments, we prohibit posting of any rude or nasty comments, ethnic slurs, personal insults or abuses or personal details, or comments that are defamatory or infringe intellectual property rights or the rights of privacy or publicity or any other civil or personal or property right of any third party or which is lewd or is sexually explicit or is an aimed at creating an issue relating to caste, sex, ethnicity, religion, etc. We reserve the right to not publish the User Comments in case the same does not comply with the above condition.
USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS
This Site may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Posts or Forum, you shall not do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by updainikbhaskar.com, and such communications shall not be considered reviewed, screened, or approved by updainikbhaskar.com.
updainikbhaskar.com reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings. In no event shall the Site be held responsible for any Posts nor does the Company or Site represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Company be liable for any loss or damages resulting from their use and/or appearance on the Site.
By providing a Post to the Site, you undertake, represent and warrant to the Company that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, Intellectual Property Rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.
By submitting any Post, you grant the Company and its Associate Companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.
The Company/Site will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site generally, in any manner that the Company may determine, in its sole discretion, at any time. Although the Company endeavours to periodically monitor the content posted on this Site, the Site will not be responsible for the views or opinions expressed by third parties on the Site.
PROHIBITED ACTIVITIES
You agree that you will not use any Post and/or any part or all of our Site to:
EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access updainikbhaskar.com and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access updainikbhaskar.com.
LIABILITY DISCLAIMER
You expressly agree that use of the website is at your sole risk. The contents, information, software, products, features and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the contents herein. Updainikbhaskar.com and/or its respective suppliers may make improvements and/or changes in this web site at any time. This web site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Updainikbhaskar.com (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as associated entities hereafter) shall not be liable to user or member or any third party should updainikbhaskar.com exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on this website.
TERMINATION
This Terms of Use and the license rights granted hereunder shall be terminated or canceled for any of the following reasons: (a) immediately by updainikbhaskar.com for any unauthorized access or use by you (b) immediately by updainikbhaskar.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this Terms of Use . Termination or cancellation of shall not affect any right or relief to which updainikbhaskar.com may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to updainikbhaskar.com. Except as set forth herein, regardless of the reason for cancellation or termination of this Terms of Use, the fee charged if any for access to updainikbhaskar.com is non-refundable for any reason.
GENERAL
These Terms of Use or User Agreement contain the entire understanding between you and the Site and supersede all prior understanding of the user and the Company in respect of the User’s access or use of the Site. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by updainikbhaskar.com.
The Company makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India in all disputes arising out of or relating to the use of this website. This site is specifically for user in the territory of India. Although the assess to users outside India is not denied, Updainikbhaskar.com shall have no legal liabilities whatsoever in any law of any jurisdiction other then India.
We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time without any prior written or oral information to the user.
You agree that you will not seek any injunctive relief against Updainikbhaskar.com nor claim any damages from Defacto Communication Private Ltd. under any circumstance.