TERMS AND CONDITIONS
Dated 27 December 2021
This page contains the terms and conditions that shall govern your use of The avmagazine digital products including but not limited to avmagazine.com, epaper.avmagazine.com and mobile applications, offered by IE Online Media Services Pvt Ltd and its Affiliates (“IEO”, “us” or “we”):
Table of Contents:
1. User Agreement
2. Modifications & Changes
4. Limited License
5. Subscription Services
6. Intellectual Property
7. Termination of User Agreement
8. Restricted permission for printouts & copying
9. Prohibited Use
10. Third Party Content
11. Interaction between users
12. Representations & Warranties
15. Force Majeure
16. Sharing of Content of Sites
20. Disclaimer of warranties and liability
21. Governing law & Jurisdiction
1. USER AGREEMENT
You (“You” or “User”) can access to read digital products not limited to avmagazine.com, epaper.avmagazine.com, and mobile applications (“Sites” or “Services”) subject to the terms and conditions of use, as updated or modified from time to time, updated or modified entirely at the discretion of IEO as set out below. This Agreement is for terms of your subscription period, and you understand and agree that you shall be bound by such terms till such time you access the Sites. That if you access any of our other digital products not limited to RDF Site Summary (RSS) fees, APIs and Software, you agree to abide by all the Terms & Conditions contained herein. Being exposed to advertising, promotions or marketing communications is a condition of accessing the Sites.
Your access or use of the Sites or Services shall mean that you have read, understand and agree to be bound by these terms and conditions. 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 and/or any other person’s use of the Sites or Services. If you do not agree to the terms, you are not authorized to use the Sites or Services. You hereby represent and warrant to us 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 access and use the Sites, they shall do so only with the involvement & guidance of their parents and / or legal guardians. You agree to register prior to uploading any content and / or comment and / or any other use or Services of the Sites and provide your personal details including but not limited to complete name, age, email address, residential address, contact number etc.
2. MODIFICATIONS AND CHANGES
We reserve the right to add, remove, edit, update, change or modify these Terms & Conditions and the User Agreement including but not limited to suspend, cancel, or discontinue any or all Sites or Services or portions or sections thereof at any time without notice and to edit, remove, update, make modifications and alterations in any or all of the content, products and services of portions thereof without prior notice (“modifications and changes”). The modifications and changes shall be effective immediately upon posting on this page. It shall be your sole responsibility to review these Terms and Conditions prior to each use of the Sites. You shall be deemed to have accepted all such modifications and changes if you continue to access the Sites thereafter.
When you register, you are registering as a personal single user of the Sites. Access to registration areas is via your email address and password. We allow you access to the registration areas of the Sites subject to:
(i) Your email address and password are personal to you and may not be used by anyone else to access the Sites. You have completed 18 (eighteen) years of age. If not, your registration shall be subject to your Guardian’s approval for usage by you. The onus is on you to provide true age in case of a minor.
(ii) You will not do anything which may assist or enable anyone who is not a registered user to gain access to the Sites or part thereof or the Sites for which you are registered or epaper.avmagazine.com and in case it is discovered that you have enabled or allowed anyone else to access via your login credentials the Sites to access epaper.avmagazine.com, then you acknowledge and agree that we reserve the right in our sole discretion to revoke, suspend or terminate your access to the Sites or epaper.indianexrpess.com and block access to all users from that IP address and we shall have a right to collect damages from you. Further we shall have no liability towards you not limited to refund of your subscription amount which shall stand forfeited.
(iii) You do not create additional registration accounts for the purpose of abusing the functionality of the Sites, or other users; nor do you seek to pass yourself off as another user.
(iv) You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Sites.
(v) You shall comply with these terms and conditions. If we have reason to believe that you have not complied with these requirements, we may, at our sole discretion, cancel your access to the registration areas of epaper.avmagazine.com and without giving you any advance notice.
(vi) You authorise and expressly agree and grant your consent to us and our Affiliates to collect and store your personal data including as submitted by you during registration process or otherwise.
(vii) Registration through Facebook Connect: You may 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. The onus is on you to provide true age in case of a minor. 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. You shall be solely responsible for using this feature and any related compliances with terms of your Facebook account. 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.
4. Limited License
Subject to your compliance with the Terms herein, we hereby grant 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 Sites 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 us and cancellation of your membership. Use of Sites or the Services for any unauthorised purpose may result in severe civil and criminal penalties. We do 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.
5. SUBSCRIPTION CHARGES
As part of the Services, IEO may provide personal subscription services to its users including but not The avmagazine e-paper or premium content. When you subscribe to them, as part of services offered by IEO on Sites, you gain access to opinion pieces, comments and exclusive features specially chosen for you by the editors. The nature of content behind the paywall is subject to change at the sole discretion of IEO; the decision of IEO and/or its editors in this regard shall be final and binding on Users.
Any subscription paid is non-refundable except as provided in clause 7.1. We reserve the right to change subscription and / or membership fees and terms any time without prior notice to you.
Subscription based Service may differ from country to country and the device from which you subscribe. Subscription packages and price may also vary in time. The subscription prices shall be determined by IEO, in its sole discretion.
When you purchase a subscription, you must provide us with complete and accurate payment and other information as required. By submitting payment details, you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based Service or your entire access to Services on Sites. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties without any prior notice or intimation to you. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case, we will contact you on the registered contact detail available with us. We use third party payment gateway services for receiving payment from Users for its subscription-based Services and you agree to make payment using these third-party payment gateway for availing our subscription-based Services.
A. Subscription Contract: For our subscription-based Service, we shall endeavour to process your subscription promptly, but we don’t guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us, and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. We reserve the unfettered right to reject any offer made by its Users, at its discretion, for any or no reason.
B. Pricing: The subscription price for our subscription-based Services will be made clear to you on our sign-up pages or otherwise during the sign-up process on Sites and location of such details on Sites may vary from time to time, by region or by country. In order to avail our subscription-based Services, you hereby agree to pay the fees at the rates notified to you at the time you purchase your subscription. Subscription to premium Services on Sites is generally of monthly frequency. For certain subscription-based Services offered we may choose to offer fixed term or fixed payment frequency offers from time to time to Users. The currency in which your subscription is payable will be specified during the order process, depending on the Service and your country of residence. Eligibility for any discounts is ascertained at the time of your subscription and cannot be changed during the term and subsistence of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the revised price.
C. Taxes: Subscription and access to subscription-based Services fall under the purview of applicable Tax laws of India. Taxes are applicable for consumption of content on the Sites, websites and other Services for Users based in India and outside the country. Unless otherwise indicated, prices stated on Sites are inclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) or other applicable taxes.
D. Pricing errors: You hereby agree and acknowledge that contents on Sites may become subject to technical glitch and/or errors including but not limited to price list, subscription details etc. If we incorrectly or due to a technical glitch or error state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription-based Service without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices, then we may cancel your access to our subscription-based Services and will refund you any money you have paid us in full. We always endeavour to act in good faith in determining whether a genuine pricing error has occurred or not.
E. Other costs: In addition to any subscription fees, you pay for our subscription-based Services, you are responsible for paying any internet connection or other telecommunications charges that you may incur for accessing the Services and/or subscription-based Services. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
F. Term, renewal and cancellation: You can choose a subscription-based Services of the term and duration offered as listed on the Sites. Your subscription will renew automatically unless you cancel it before it renews in order to avoid billing of subscription fees for the renewal term. We will notify you through email on the registered email ID only prior to the renewal date. Subscription to the subscription-based Services commences immediately on the realisation of payment of the subscription fees from the Users and there can be no cancellation once a user’s account is active for the subscription-based Services. Your subscription commences immediately once free trial duration if any on your plan is over and on the realisation of payment of the subscription fees from the Users and there can be no cancellation once a user’s account is active for the subscription-based Services.
If you choose to pay annually, at least 15 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used.
You do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms). You may notify us of your wish to cancel your subscription by contacting our team at [email protected]. You must provide at least 5 business days advance notice for this to be implemented.
We reserve the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without any further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. We may, in exceptional circumstances, cease to publish the Sites, the Sites content or cease to provide subscription-based Services. We will give you at least 15 days’ notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
G. Payment details: The current schedule of Subscription Fees is available at https://avmagazine.com/subscribe. We may revise the Subscription Fees from time to time and/or across geographies, Users are hereby requested to periodically review the pricing structure on the aforementioned link.
6. Intellectual Property
Unless otherwise stated, all Intellectual Property not limited to trademarks, service marks, copyright and all intellectual property rights in all material presented on the Sites (including but not limited to text, audio, video or graphical images), appearing on the Sites are our property or that of our Affiliate duly licensed to us, and such Intellectual Property is protected under applicable law. You agree that you shall have no right title or interest in the Intellectual Property and that you shall not now or in the future claim any right title or interest therein. Any infringement and/or passing off shall be vigorously prosecuted to the maximum extent permitted by law.
7. Termination of user agreement
7.1. We reserve 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 we may do so at our sole discretion. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and we suspend or discontinue the Services. we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if we terminate your account or suspend or discontinue 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. We may retain any information and associated records that are required to be retained or preserved under applicable laws including post termination of your account and irrespective of whether such information or content has been removed or access to it has been disabled.
7.2. In case we require, to bring the agreement to an end, we will inform you by email at the address you have registered stating that the agreement has terminated. The agreement will terminate with immediate effect and your email address and password will become invalid on the Sites or epaper.avmagazine.com immediately. Only if we terminate this agreement with you because we have discontinued or transferred the Sites, or due to changes in commercial or environmental conditions impacting costs, or provision of services are impacted by force majeure conditions which are temporary or permanent, will we refund your subscription amount pro rata.
7.3. We may at our sole discretion, terminate or suspend your access to all or part of the Sites for any reason, including without limitation, breach, or suspected breach of these Terms & Conditions.
8. RESTRICTED PERMISSION FOR PRINTOUT OR COPYING FOR PERSONAL USE ONLY
You are permitted to download extracts for exclusively for your personal and non-commercial use only on your personal device and personal printer from these Sites. Any copies from the Sites or parts thereof to disk or to any other storage medium is not permitted. You may not (whether directly or through the use of any software program) create a database in electronic and/or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the Sites or e-papers. You are not permitted to archive, store, transfer or cache the website (not limited to e-papers) or parts thereof. No part of the Sites may be reproduced, transmitted, edited, and/ or stored by in any other website, blog, curator or medium, or uploaded through YouTube, Facebook etc nor any of its pages or parts thereof or be disseminated in any electronic and/or non-electronic form, nor included in any public or private electronic retrieval system or services without our prior written permission and upon payment of requisite fees and subject always to the terms and conditions relating thereto.
Copying, curating, editing, or storing of content from the Sites for any non-personal or third-party use is strictly prohibited. At all times, any printouts, or downloads of copyrighted content from the Sites for non-personal and/ or non-commercial use shall be allowed only if such printouts or downloads have been permitted or approved by us in writing and shall always be subject to terms and conditions and acknowledgement of copyright and other notices contained therein.
9. Prohibited use:
You may not access, copy, edit, archive, use, take printouts, download, display, upload, store or attempt to do so, the Sites (including e-papers) or any content thereon or part thereof to take action which could harm us or the copyright owner, licensor thereof, our affiliates, subsidiaries, associate or any third Party. You may not use such in violation of applicable laws or in violation of our or any Party’s intellectual property or legal rights therein. You will not attempt or permit a third party to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Sites or any Part thereof. Should you do so, it may result in civil, criminal and/or administrative penalties against you and such User or those assisting. It is expressly clarified that display, uploading, copying, sharing, or use in any manner whatsoever of the Sites (including e-papers) or any part thereof for any subscription or other internet or digital based “teaching” or “discussion” activity is not permitted and shall be treated as infringement by you and person (s) with whom the infringed content is shared.
We forbid 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; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, 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.
10.Third Party Content
10.1. You may see and read advertorials, advertising, promotional or sponsored content, or links to third party websites, submitted by third parties on the Sites (“Third Party Promotional Content”). Individual advertisers and parties releasing are solely responsible for such Third-party Promotional content which may appear on the Sites or accessible at or through the Sites, including to ensure that it complies with relevant legislation, rules, and regulations and that it is not illegal, immoral or contrary to public policy. We accept no responsibility for the content of advertising or Third-Party Promotional Content or Third-Party websites, including, without limitation, any errors, omissions, or inaccuracies therein.
10.2. You may see and read press releases, agency reports or content created by the copyright owner, licensor, contributor, or Third Parties (“Third Party content”) which have been licensed to us. Such party shall be solely responsible for such Third-Party content which may appear on the Sites or accessible or through the Sites including compliance with law.
10.3. We do not control, endorse, sponsor, recommend or otherwise accept any responsibility for such Third-Party Promotional Content. The User must make all necessary inquiries before entering into any transaction or remitting monies, data, personal information, etc or contracting with or accepting or acting on third party promotional content in any manner.
10.4. Ownership: The Sites, Services and the IEO content (means IEO’s content, including but not limited to, IEO trademarks and logos made available through the Sites and Services, excluding Third Party Content and User Submissions) are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, IEO and its licensors exclusively own all right, title and interest in and to the Sites, Services, and the IEO 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 Sites, Services or IEO Content. IEO claims no ownership interest in any Third-Party Content and expressly disclaims any liability concerning those materials.
11. Interaction between users
You are solely responsible for your interactions (including any disputes) with other users. You understand that we do not in any way screen users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Sites and Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to communicate with the user offline or meet them in person. Your use of the Sites, Services, Our Content, and any other content made available through the Sites or Services is at your sole risk and discretion, and we hereby disclaim any and all liability to you or any third party relating thereto. We reserve the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms. You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity via the Services.
By making available any User Submissions through the Sites and Services, you hereby grant us 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 Sites 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. We do 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 we 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 we reserve the right to not to publish, display the User Submissions 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 Sites 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 us 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 our use of the User Submissions (or any portion thereof) on, through or by means of the Sites 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 Sites and the Services.
By using the Sites 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 we disclaim 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 IEO: (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 Sites or the Services. All the contents of the Sites are only for general information. 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 the Sites.
We endeavour 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 the 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 matters.
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 or in violation of applicable law(s). You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Sites.
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 the Sites, or other user’s ability to engage in real time exchanges.
12. Representations & Warranties: You represent, warrant, covenant and agree in reference to our Sites as follows:
i. You shall not use, upload, post, email, transmit or otherwise make available any content or comment that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, and/or racially, ethnically or otherwise objectionable.
ii. You shall not impersonate any person or entity, including, us, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
iii. You shall not harm, influence or make inappropriate contact or seek to harm, influence or make inappropriate contact with minors or vulnerable persons in any way.
iv. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.
v. You shall not use, upload, post, email, transmit or otherwise make available any content or comment that infringes and/or passes off or harms or seeks to harm any patent, trademark, service mark, trade secret, brand, copyright or other proprietary rights or personal rights (“Rights”) of any party.
vi. You shall not 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, privileged and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
vii. You shall not use, upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, false or fraudulent advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
viii. You shall not use, upload, post, email, transmit or otherwise make available any content which contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
ix. You will not use, upload, post, email, transmit or otherwise make available any content which threatens the unity, integrity, defence, security and/or sovereignty of India or its borders, 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; or shows incorrect borders or territory of India.
xi. You shall not use, upload, post, email, transmit or otherwise make available any content to cache or archive content from the Sites or any Part thereof.
xii. You shall not use, upload, post, email, transmit or otherwise make available any content or device or software designed to or having the effect of circumventing any restriction, condition or technological control to the access of the Sites including overriding or by passing or compromising any security features, controls or limits.
13.1. All the contents of the Sites 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 or action. Any specific advice or replies to queries in any part of the Sites is/are the personal opinion of such experts/consultants/persons and are not subscribed to by the Sites. The information from or through this site is provided on an “AS IS” and “as available” basis, and we do not warrant that the Sites will operate error-free or that the Sites and its servers are free of computer viruses or other harmful mechanisms. If your use of the Sites or content therein results directly or indirectly in need for servicing or replacing equipment, software or data, we are not responsible for any such costs. Sites and content are provided on an “as is” basis without any warranties of any kind and to the maximum extent permitted in law all warranties, 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, and non-infringement are disclaimed and excluded. You should not rely on the content of the Sites as a substitute for, nor does it replace any medical, financial, tax, legal, educational or other professional advice. If you have any questions or inquiries about your health, you must seek the advice of your doctor. Prior to any sale or purchase of any product, real estate, securities or investment. you should consult your financial advisor. The use of the Sites is solely at your risk.
13.2. We shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, loss of savings, loss of revenue, loss or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Sites, or any of its contents, or from any act or omissions a result of using the Sites 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 Sites. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. We, our affiliates, directors, shareholders, employees, representatives, advertisers and content providers, shall not be liable to you or anyone else as a result of your access to the Sites for indirect, special, incidental, punitive or exemplary damages. In any event our liability if any shall not exceed a sum equivalent to the subscription amount paid by you for the period subscribed.
13.3. Certain links on the Sites lead to resources located on servers maintained by third parties over whom we have no control or connection, business or otherwise as these sites are external to us and you agree and understand that by visiting such sites you are beyond our Sites. We therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability 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 sites.
13.4. Whilst care is taken prior to acceptance of Third-Party Promotional Content, it is not possible to verify the same. Third Party Promotional Content relating to goods, services and/or financial services, crypto currencies, investment opportunities, IPOs, NFOs, data on the market, or articles containing opinions by various research analysts/ traders/ stock market advisors/ brokerage firms and marketing enthusiasts etc provide general advice or trading and investment options. The views and/or purchase or investment tips expressed are of the advertiser or analyst/advisor solely, and not that of the Sites or its management in any manner. We, therefore, advise you to check with certified experts before making any investment or purchase decision, before acting on the information provided in such Third-Party Promotional Content or articles. The Sites do not guarantee the accuracy, adequacy and completeness of any information provided therein. You understand clearly and acknowledge that financial services, crypto currencies, investment opportunities, IPO, NFOs, markets etc or investment or purchase advice for any goods or services may involve a high degree of risk.
We take no responsibility for any loss or damage incurred or suffered by any person(s) or entity (ies) acting on third party promotional content or any advice from articles referred to above, or entering into any agreements or otherwise, in any manner whatsoever, without having taken expert advice or making necessary inquiries. You assume complete and full responsibility and outcomes of your actions and decisions that you make based on any third-party promotional contents or advice.
User agrees to indemnify and hold IEO, its subsidiaries, affiliates, their directors, shareholders, officers, employees and representatives, harmless from any claim, demand, loss, cost, liability, expenses or damage, including reasonable attorney’s fees and cost of litigation, asserted by any third party due to and/or arising out and/or connected with your use of or conduct on the Sites in breach of these terms and conditions. This clause along with your representations, warranties and undertakings shall survive the expiry or termination of the User Agreement.
We reserve the right to disclose any personal information about you and your use of the Sites including its contents, without your express prior permission, if we have good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process;
(b) protect and defend our rights or property(ies);
(c) enforce these Terms & Conditions;
(d) to protect the rights and interests of minors and members of the public, third parties or others.
15. Force Majeure
Although we will endeavour to provide constant, uninterrupted access to the Sites, we do not guarantee it. We accept no responsibility or liability for any interruption, delay or disconnection due to force majeure or acts of God.
16. Sharing of content of the Sites
The contents of the Sites are proprietary in nature and should not be shared with anyone. This condition shall not apply to our sharing individual articles on social media websites for the purpose of initiating discussions and expressing opinions.
17. Your Obligations
You hereby agree and assure IEO 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 specifically agree to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Site. You further concur that you shall not:
a. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Sites or the Services.
b. 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, transform, publish translate, broadcast, perform, display, sell, transmit, disseminate or retransmit the content or any portion thereof or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly unless expressly permitted by us;
c. 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;
d. use the Sites 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 IEO server, or the network(s), computer systems / resource connected to any IEO server, or interfere with any other party’s use and enjoyment of the Sites or the Services;
e. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites/Services;
f. perform any activity which is likely to cause such harm;
g. carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on Sites or internet service or;
h. use the Sites or the Services for illegal or unlawful purposes;
i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to Sites or any other website of ours or the website of any of our customer;
j. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Sites or the Services;
k. 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 Sites or the Services;
l. incorporate the Sites 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 us in writing;
m. create, recreate, distribute or advertise an index of any significant portion of the Sites or Services unless authorized by us;
n. use or launch any “robots”, “spiders”, “offline readers” etc. or any other automated system, that accesses the Sites or the Services in a manner that sends numerous automated requests to the Sites’ 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;
o. 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;
q. impersonate or misrepresent your affiliation with any person or entity;
r. 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 IEO in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
If you are a publisher of news and current affairs content, then in addition to compliance with other terms mentioned herein, you shall also furnish details of your user accounts on our Services to the Ministry of Information and Broadcasting as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) and you shall comply with all applicable laws including said Rules. IEO may, at its discretion, provide such publishers who have provided information under said Rules to the Ministry of Information and Broadcasting, a demonstrable and visible mark of verification as being publishers, which may be visible to all users of the service.
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 Sites), you give IEO express rights and consent to display your rating / review in relation to the relevant Content on the Sites, 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.
We are 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 Sites 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 Sites, you grant IEO a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to IEO, 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 Sites 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, at our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites 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 Sites under your name or account and absolve IEO 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 Sites, 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 Sites 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 we may directly or through third party service providers send information to you about the various services offered by IEO from time to time.
18. Prohibited activities
You agree not to host, display, upload, modify, publish, transmit, store, update or share any information or User Submissions which
a. belongs to another person and to which you do not have any right;
b. is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to child;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. impersonates another person;
h. 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 other nation;
i. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
j. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
k. threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder;
l. threatens critical information infrastructure;
m. contain misleading information regarding the origin of the content; or
n. otherwise contains objectionable content.
You understand and agree that IEO 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.
IEO reserves the right to preserve records of content transmitted by it as required under applicable laws.
19. General Terms
Relationship: None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and IEO and you shall have no authority to bind IEO in any manner, whatsoever. This agreement is solely for your and the IEO’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. IEO may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
Geographic Limitation: The Sites and/or the Services are controlled and offered by IEO from its facilities in the territory of India. IEO makes no representations that the Sites or Services are appropriate or available for use in other locations. If you are accessing or using the Sites 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 Sites or Services may contain or provide links to content hosted on websites located outside of India.
Access to use: To access the Services, you will be asked to enter your individual username and password, as chosen by you during your registration. Therefore, IEO does not permit any of the following:
1. Any other person sharing your account and Password;
2. Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with IEO as users of the Site; or
3. Access through a single account and Password being made available to multiple users on a network.
If IEO reasonably believes that an account and password is being used / misused in any manner, IEO shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. IEO reserves the right to reject any username 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 at our 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 IEO immediately of any unauthorized use of your account or any other breach of security. IEO 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 IEO 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; IEO 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.
Limited time to bring your claim: You agree that any cause of action arising out of or related to use of the Sites 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.
20. Disclaimer of warranties and liability
You understand and agree that IEO provides the Services on ´as-is´ ´with all faults´ and ´as available´ basis. You agree that use of the Sites 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 IEO 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 Sites will meet your expectations or requirements; (d) any errors in the Sites 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 IEO, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
IEO 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.
Any transactions relating to sale/purchase of goods or services not directly offered by IEO 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 IEO. IEO merely endeavours to provide a platform where you and other parties 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. IEO 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 IEO. IEO 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 IEO 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 Sites, or any infringement of another’s rights, including intellectual property rights. You specifically agree that IEO is not responsible for any content sent using and/or included in IEO’s Sites/Services by any third party.
IEO, 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 Sites or the Services, whether based in contract, tort, strict liability, or other theory, even if IEO have been advised of the possibility of damages.
In the event any exclusion contained herein be held to be invalid for any reason and IEO or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of IEO or any of its affiliate entities, officers, directors or employees shall be limited to subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
21. Governing law and jurisdiction
This agreement shall be governed by the Indian Laws. The courts at New Delhi shall have exclusive jurisdiction over any disputes arising out or relating to this agreement.