ACCEPTANCE OF TERMS
Communication India is a division of (“Kaven Media, Inc., “we,” “our”, “us”) (“KMI”) provides access to and use of the Communication India Web sites, subject to these Terms of Service (“TOS”). Unless explicitly stated otherwise, any new features that augment or enhance the current Communication India shall be subject to this TOS.
PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE Communication India SITES CONSTITUTES ACCEPTANCE OF THE TOS. Communication India may amend this TOS at any time by posting the amended TOS to the Communication India, and you acknowledge and agree that your continued use of the Communication India Sites after any such change represents your agreement to the amended TOS.
YOUR REGISTRATION OBLIGATIONS
By registering for account access on the Communication India Sites, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Profile Data”) and maintain and promptly update the Profile Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Communication India has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Communication India may deny you access to areas requiring registration, at its sole discretion.
ACCOUNT PASSWORD AND SECURITY
The Communication India Sites contain some features that require registration (“Restricted Areas”). At the time of registration for online account access, you will be asked to choose a Username and Password. You are responsible for maintaining the confidentiality of the Password, and are fully responsible for all uses of your account, whether by you or others. You agree to (a) keep your Password confidential and not share it with anyone else; (b) immediately notify Communication India of any unauthorized use of your Password or account or any other breach of security; and (c) use only your Password to access the Communication India Sites’ Restricted Areas. Communication India cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, or from any unauthorized access to your personal information not directly due to the negligence of Communication India.
You acknowledge and agree that Communication India is authorized to act on instructions received through use of your Password. You further acknowledge and agree that Communication India may, but is not obligated to, deny access or block any transaction made through use of your Password, without prior notice to you, if we believe your Password is being used by someone other than you, or for any other reason.
As a result of your registration for the Communication India Sites, you may receive certain commercial communications from Communication India related to content found on the Communication India Sites. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by changing your account preferences.
DISCUSSION BOARD USER CONDUCT
Should you choose to use our Discussion Boards, it is your responsibility to know, understand and abide by the Communication India rules of use. These rules are not meant to be exhaustive, and Communication India reserves the right to determine what types of conduct it considers to be inappropriate use of the Communication India Sites. In the case of inappropriate use, Communication India may take such measures as it sees fit. Communication India reserves the right to add to or amend this list of rules at any time, and you are responsible for checking the TOS for any changes each time you log on.
You are fully responsible for what you post. You agree not to use the Communication India Sites to:
post, transmit, or otherwise make available content that harasses, abuses, or threatens other users, or that contains profanity, or obscene or otherwise objectionable content;
post, transmit, or otherwise make available content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
harm minors in any way;
impersonate any person or entity, including, but not limited to, an Communication India employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
post, transmit, or otherwise make available any material that contains software viruses or any other malware designed to damage or reduce the functionality of any computer software or hardware;
post, transmit, or otherwise make available unsolicited advertising, promotional materials, spam, pyramid schemes, chain letters, or other forms of unauthorized advertising.
Our Discussion Boards may be used for non-commercial purposes only. You agree not to post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity in our Discussion Boards. We do allow hyperlinks to web pages. We reserve the right to remove any post that, in our sole discretion, serves a commercial purpose.
Use of or reliance on information obtained through the Discussion Boards is at your own risk. Communication India provides these Discussion Boards for users to interact, but does not endorse any content nor vouch for its reliability. The content and views expressed on the Discussion Boards are strictly those of the originating author.
Do not post personal information about yourself. The Discussion Boards can be read by the public, and you should not post any private information unless you want it to be available publicly.
Violation of our rules regarding the content of posts may result in the removal of your post or the canceling of your account.
You understand that all materials submitted by users (“User Materials”), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Communication India, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Communication India Sites. Under no circumstances will Communication India be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Communication India Sites.
You acknowledge that Communication India may or may not pre-screen User Materials, but that Communication India and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Communication India Sites. Without limiting the foregoing, Communication India and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in Communication India sole discretion. You understand that by using the Communication India Sites, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Communication India Sites.
With respect to User Materials you submit or make available for inclusion on the Discussion Boards or other publicly accessible areas of the Communication India Sites, you grant Communication India an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMMUNICATION INDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE COMMUNICATION INDIA SITES, YOUR CONNECTION TO THE COMMUNICATION INDIA SITES, YOUR VIOLATION OF THIS TOS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER MATERIALS TO THE COMMUNICATION INDIA SITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
MODIFICATIONS TO SERVICE
Communication India reserves the right at any time to modify or discontinue, temporarily or permanently, the Communication India Sites (or any part thereof), including the Restricted Areas, with or without notice. You agree that Communication India shall not be liable to you or any third party for any modification, suspension or discontinuance of the Communication India Sites.
TERMINATION
You agree that Communication India may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Communication India Sites (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your account(s) may include (a) removal of access to all offerings within the Communication India Sites’s Restricted Areas, (b) at Communication India’s sole discretion, the deletion of all of your Communication India Sites account information, User Materials, and other content associated with your Communication India Sites account (or any part thereof), and (c) barring further use of the Communication India Sites’s Restricted Areas.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Communication India Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMMUNICATION INDIA (A DIVISION OF KAVEN MEDIA, INC.) AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE COMMUNICATION INDIA SITES, YOUR CONNECTION TO THE COMMUNICATION INDIA SITES, YOUR VIOLATION OF THIS TOS, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER MATERIALS TO THE COMMUNICATION INDIA SITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
LINKS
The Communication India Sites may provide links to other World Wide Web sites or resources. Because Communication India has no control over such sites and resources, you acknowledge and agree that Communication India is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMMUNICATION INDIA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Communication India Sites are owned by Communication India (A DIVISION OF KAVEN MEDIA, INC.) or its licensors. You acknowledge and agree that the Communication India Sites contain information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Communication India, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Communication India Sites, in whole or in part.
By accessing the Communication India Sites, you agree that you may only download and display the content for educational purposes or your own personal non-commercial use.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE COMMUNICATION INDIA SITES IS AT YOUR SOLE RISK. THE COMMUNICATION INDIA SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMUNICATION INDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. COMMUNICATION INDIA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE COMMUNICATION INDIA SITES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMUNICATION INDIA OR THROUGH OR FROM THE COMMUNICATION INDIA SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT COMMUNICATION INDIA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMMUNICATION INDIA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE COMMUNICATION INDIA SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMMUNICATION INDIA SITES; OR (v) ANY OTHER MATTER RELATING TO THE COMMUNICATION INDIA SITES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
NOTICE
Communication India shall not intimate you any changes to the TOS, by either email, regular mail, or postings. Please visit regularly and check the TOS before you use this Communication India Sites. We reserve the rights to change or modify TOS without any prior notice to any one.
TRADEMARK INFORMATION
Communication India, the names of the Communication India Sites, and other names of Communication India properties referenced herein (the “Communication India Marks ” – A DIVISION OF KAVEN MEDIA, INC.) are service marks, trademarks or registered trademarks of Communication India, (A DIVISION OF KAVEN MEDIA, INC.). Other service marks, trademarks and registered trademarks and/or logos are the property of their respective owners. You agree that you will not display the Communication India Marks, or use the Communication India Marks in any manner, without the prior written permission of Communication India or from Kaven Media, Inc.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Communication India may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Communication India’s Copyright Agent a Notice containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Communication India’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mailing Address
Attn: Publishing Group
Use Contact Form
JURISDICTIONAL STATEMENT
This TOS and the use of the Communication India Sites are governed by the particular territory of Govt. of India or State Government of India without regard to its conflict of law provisions. Any claim related to the Communication India Sites or this TOS shall be brought in a state court in New Delhi City, India, within one year after the claim arises. You consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this policy.
Communication India controls the Communication India Sites from its offices within the India, and the Communication India Sites is intended for use only in the India. Communication India does not represent that the materials on this Communication India Sites are appropriate or made available for use outside of the India. You acknowledge and agree that you access the Communication India Sites of your own volition and are responsible for compliance with applicable local laws.
GENERAL INFORMATION
Entire Agreement. This TOS, in conjunction with our Privacy Policy constitutes the entire agreement between you and Communication India with respect to the Communication India Sites and supersedes any prior agreements, oral or written, between you and Communication India.
Waiver and Severability of Terms. The failure of Communication India to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Communication India Sites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
You agree that you will report any violations of the TOS to:
Attn: Reader Services
Communication India,
(A division of Kaven Media, Inc.)
New Delhi – India
Email: info@communicationindia.com
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. This material may not be published, broadcast, rewritten, or redistributed. |