TERMS OF USE
This website and mobile application platform
(the “Site”) owned and managed by Times Internet Limited (hereinafter referred
to as 'TIL'.)
This document is an electronic record in terms of
Information Technology Act, 2000 and rules there under as applicable and the
amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000.
1. ACCEPTANCE OF TERMS OF USE
Please read the following terms and conditions
as these terms of use ( “Terms”) constitute a legally binding agreement between
you and the Company regarding your use of the Site and any services offered by
the Company including but not limited to delivery of specialised content via
the Site, any mobile or internet connected device or otherwise (the "the
Service").
“User” or “You”: means any person who access or
avail this site of the Company for the purpose of hosting, publishing, sharing,
transacting, displaying or uploading information or views and includes other
persons jointly participating in using the site of the Company
By accessing the Site or Service and/or by
clicking "I agree", you agree to be bound by these Terms. You hereby
represent and warrant to the Company 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 utilize the Service of the site, they
shall do so only with the involvement & guidance of their parents and/or
legal guardians, under such Parent /Legal guardian’s registered account. You
agree to register prior to uploading any content and/or comment and any other
use or services of this Site and provide your details including but not limited
to complete name, age, email address, residential address, contact number.
The Company reserves the right, at its
discretion, to change, modify, add, or remove portions of these Terms at any
time by posting the amended Terms. Please check these Terms periodically for
changes. Your continued use of the site or Services after the posting of
changes constitutes your binding acceptance of such changes. In addition, when
using any particular services, you may be subject to any posted guidelines,
rules, product requirements or sometimes additional terms applicable to such
services. All such guidelines, rules, product requirements or sometimes additional
terms are hereby incorporated by reference into the Terms.
YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL
MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. BY
ACCESSING OR USING ANY WEBSITE OR SERVICES 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 USE OF THE SITE OR SERVICES. IF YOU DO
NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR SERVICES.
2. CONTENT OWNERSHIP AND LIMITED LICENSE
• “Company
Content” means Company
proprietary content, including but not limited to, Company trademarks and logos
made available through the Site and Services, excluding Third Party Content and
User Submissions.
• “Third
Party Content” You may be able to
access, review, display or use third party services, resources, content or
information via the Site or the Services.
• “User
Submissions” means the text,
data, graphics, images, photos, video or audiovisual content, hypertext links
and any other content that the Company allows its users to uploads, posts,
flips, compiles or otherwise provided to Company via the Site and Services, as
applicable.
• Ownership: The Site, Services and the Company Content
are protected by copyright, trademark and other applicable laws. Except as
expressly provided in these Terms, Company and its licensors exclusively own
all right, title and interest in and to the Site, Services, and the Company
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 Site, Services
or Company Content. Company claims no ownership interest in any Third Party
Content and expressly disclaims any liability concerning those materials.
• Limited
License: Subject to
your compliance with the Terms herein, the Company hereby grants 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 Site 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 the
Company and cancellation of your membership. Use of Site or the Services for
any unauthorised purpose may result in severe civil and criminal penalties. The
Company does 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.
• Interactions
between Users: You are solely
responsible for your interactions (including any disputes) with other users.
You understand that Company does not in any way screen Company users. You are
solely responsible for, and will exercise caution, discretion, common sense and
judgment in, using the Site and Services and disclosing personal information to
other Company users. You agree to take reasonable precautions in all
interactions with other Company users, particularly if you decide to
communicate with Company user offline or meet them in person. Your use of the
Site, Services, Company Content, and any other content made available through
the Site or Services is at your sole risk and discretion, and Company hereby
disclaims any and all liability to you or any third party relating thereto.
Company reserves the right to contact Company users, in compliance with
applicable law, in order to evaluate compliance with the rules and policies in
this Terms You will cooperate fully with Company to investigate any suspected
unlawful, fraudulent or improper activity via the Services. Company shall not
be responsible to any third party or to the Users for any quality related issue
of the Services provided in the Site and shall not be a party to any dispute
between the Users or between Users and any third party regarding Services on
the Site. User shall be solely responsible for all aspects not limited to
quality as well as any dispute/issue arising out of the respective Service, it
provides in the Site. Users acknowledge that Users shall fully assume the risks
of purchase and sale transactions when using the Site to conduct transactions
and that User shall fully assume the risks of liability or harm of any kind in
connection with subsequent activity of any kind relating top products or
services that are the subject of transactions using the Site.
By making available any User Submissions through
the Site and Services, you hereby grant to Company 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 Site 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. Company does 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 Company 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 Company reserves the right to not
to publish, display the User Submissions or modify, amend 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 Site 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 to Company 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 Company’s use of the User Submissions (or any portion
thereof) on, through or by means of the Site 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 Site and the Services.
By using the Site 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 Company disclaims 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 Company: (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 Site or the Services.
3. THE SERVICE REGISTRATION AND ACCESS TO USE (If
applicable)
• Registration: To register for the Services, you may be
required to open an account by completing the registration process (i.e. by
providing us with current, complete and accurate information as prompted by the
applicable registration form). You will also choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of your
password and account. In particular, as a parent or legal guardian, you
acknowledge and assume sole responsibility to ensure that content which is
meant for mature audiences (i.e, above the age of majority) is not accessed by
children. Hence, you may not share your log in credentials with your children.
You expressly agree to absolve the Company of any responsibility / liability in
this regard.
• Google,
Facebook Connect: You may also
register for the Services by using your Google or Facebook username and
password. If, however, you are under 18 years of age, you may log in to the
Services using Google or Facebook Connect and utilize the Services only under
the supervision of your parent or legal guardian. Using Google or 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 Google or Facebook account (which has been used to
log in) and made available to your friends on Google or Facebook. You may
control the information being shared through Google or Facebook Connect by
changing your account / privacy settings. By registering through Google or
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.
Company shall retain your registration
information after cancellation or withdrawal of your registration as required
under applicable law(s).
• Subscription: Your subscription to the Services in a
particular geographical territory shall be valid for that territory only and
shall not automatically entitle you to access your account from a different
geographical territory, unless specifically permitted by the Company.
• Geographic
Limitation: The Site
and/or the Services are controlled and offered by Company from its facilities
in the territory of India. Company makes no representations that the Site or
Services are appropriate or available for use in other locations. If you are
accessing or using the Site 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 Site or Services may contain or provide links to content
hosted on website located outside of the India.
• Access to
use: To access the
Services, you will be asked to enter your individual user name and password, as
chosen by you during your registration. Therefore, the Company does not permit
any of the following:-
o Any other person sharing your account and
Password;
o Any part of the Site being cached in proxy
servers and accessed by individuals who have not registered with the Company as
users of the Site; or
o Access through a single account and Password
being made available to multiple users on a network.
If the Company reasonably believes that an
account and password is being used / misused in any manner, the Company shall
reserve the right to cancel access rights immediately without notice, and block
access to all users from that IP address. Company reserves the right to reject
any user name 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 in
Company’s 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 the Company immediately of any unauthorized use of
your account or any other breach of security. The Company 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 the
Company 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; Company 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.
4. BILLING
(If Applicable)
By signing up for the Services, you are
expressly agreeing that the Company is authorized to charge you subscription
fee as per your selected plan, any other fees for additional services you may
purchase, and any applicable taxes in connection with your use of the Services
through the credit card or other payment method accepted by the Company (
" Payment Method") that you provided during registration. If you want to
use a different Payment Method than the one you signed up for during
registration, or if there is a change in your credit card validity or
expiration date, you may edit your Payment Method information by clicking on
your account. If your Payment Method expires and you do not edit your Payment
Method information or cancel your account, you authorize us to continue
billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, "billing"
shall indicate either a charge or debit, as applicable, against your Payment
Method. The subscription fee will be billed at the beginning of your subscription
and on each subsequent renewal (as per plan chosen by you) thereafter unless
and until you cancel your subscription or the account or service is otherwise
suspended or discontinued pursuant to these Terms. To see the commencement date
for your next renewal period, go to the billing information section on your
account page.
In order to sustain the Services, it is
important that you honor the payment obligations to which you have agreed.
Accordingly, the Company reserves the right to pursue any amounts you fail to
pay in connection with the Services. You will remain liable to the Company for
all such amounts and all costs incurred by the Company in connection with the
collection of these amounts, including, without limitation, collection agency
fees, reasonable attorneys´ fees, and arbitration or court costs.
You also understand and acknowledge that the
Company only facilitates the third party payment gateway for processing of
payment. This facility is managed by the third party payment gateway provider
and you are required to follow all the terms and conditions of such third party
payment gateway provider. You are responsible for the accuracy and authenticity
of the information provided by you, including the bank account number/credit
card details and the like. You agree and acknowledge that the Company shall not
be liable and in no way be held responsible for any losses whatsoever, whether
direct, indirect, incidental or consequential, including without limitation any
losses due to delay in processing of payment instruction or any credit card
fraud.
You can file any complaint related to payment
transfer at Site and the same shall be forwarded to the concerned third party
payment gateway provider for redressal.
Free Trials: You may be offered a free trial period at the start of
your membership of the Services, solely at the discretion of the Company. The
duration and the terms of the free trial period shall be at the discretion of
the Company and shall be specified during sign up. Free trials may not be
combined with any other offer(s). Free trials will not be given in cases of
renewal of membership or activation of another account from a physical address
and/or email address and/or device which is linked to an already existing
account, etc. Billing may automatically commence at the end the free trial
period, without prior notice, as per the subscription plan chosen by you,
unless you cancel your membership prior to the expiry of the free trial period.
It is hence recommended that you keep track of your account, including the date
when the free trial period ends.
Once billing commences, we will continue to bill
your Payment Method for your membership fee until you cancel. You may cancel
your membership at anytime; however, there are no refunds or credits for
partially used periods.
5. LINKS TO OTHER SITES
The Site or the Services may contain the links
or pointers to other websites but you should not infer or assume that the
Company operates, controls, or is otherwise connected with these other websites.
When you click on a link within the Site, the Company may not warn you that you
have left the Site and are subject to the terms and conditions (including
privacy policies) of another website. Please be careful to read the terms of
use and privacy policy of any other website before you provide any
confidential information or engage in any transactions. You should not rely on
these Terms to govern your use of another website.
The Company is not responsible for the content
or practices of any other website even if it links to the Site and even if the
website is operated by a company affiliated or otherwise connected with the
Company. You acknowledge and agree that the Company is not responsible or
liable to you for any content or other materials hosted and served from any
website other than the Site.
6. ADVERTISING MATERIAL
Part of the Site or the Services may contain
advertising information or promotion material or other material submitted to
the Company by third parties. Responsibility for ensuring that material
submitted for inclusion on the Site complies with applicable international and
national law is exclusively on the party providing the information/material.
Your correspondence or business dealings with, or participation in promotions
of advertisers 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. Before relying on any
advertising material, you should independently verify its relevance for your
purpose, and should obtain appropriate professional advice. The Company shall
not be responsible nor liable for any loss or claim that you may have against
an advertiser or any consequential damages arising on account of your relying
on the contents of the advertisement.
7. COLLECTION AND USE OF PERSONAL INFORMATION
For information about the Company´s policies and
practices regarding the collection and use of your personally identifiable
information, please read the Privacy Policy as available on the Site. The
Privacy Policy is incorporated by reference and made part of these Terms. Thus,
by agreeing to these Terms, you agree that your presence on the Site and use of
the Services are governed by the Company’s Privacy Policy in effect at the time
of your use. The Company reserves the right to disclose any information that is
required to be shared, disclosed or made available to any governmental,
administrative, regulatory or judicial authority under any law or regulation
applicable to the Company. The Company can further disclose your name, street
address, city, state, zip code, country, phone number, email, as it in its sole
discretion believes necessary or appropriate in connection with an
investigation of fraud, intellectual property infringement, piracy, or other
unlawful activity.
8. YOUR OBLIGATIONS
You hereby agree and assure the Company 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 further concur that you shall not:
• circumvent, remove, alter, deactivate, degrade
or thwart any of the content protections in the Site or the Services.
• 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, translate, broadcast, perform, display, sell, transmit or
retransmit the Content unless expressly permitted by the Company;
• 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
• use the Site 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 the Company´s server, or
the network(s), computer systems / resource connected to any the Company
server, or interfere with any other party´s use and enjoyment of the Site or
the Services;
• obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Site/Services;
• perform any activity which is likely to cause
such harm;
• carry out any "denial of service"
(DoS, DDoS) or any other harmful attacks on application or internet service or;
• use the Site or the Services for illegal or
unlawful purposes;
• disrupt, place unreasonable burdens or
excessive loads on, interfere with or attempt to make or attempt any
unauthorized access to any the Company website or the website of any the
Company´s customer;
• forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted through
the Site or the Services;
• 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 Site
or the Services;
• incorporate the Site 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 the Company in writing;
• create, recreate, distribute or advertise an
index of any significant portion of the Site or Services unless authorized by
the Company;
• use or launch any "robots",
"spiders", "offline readers" etc. or any other automated
system, that accesses the Site or the Services in a manner that sends numerous
automated requests to the Site´s 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;
• 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;
• Use the Site, Services or Company Content for
any commercial purpose or the benefit of any third party or in any manner not
permitted by these Terms of Use;
• Impersonate or misrepresent your affiliation
with any person or entity;
• 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 the Company in writing. This prohibition applies even if
you intend to give away the derivative materials free of charge.
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
Site), you give the Company express rights and consent to display your rating /
review in relation to the relevant Content on the Site, 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.
The Company is 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
Site 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 Site, you grant the Company a perpetual, worldwide,
non-exclusive, royalty-free irrevocable, sub-licensable license and right in
such User Feedback / User Submission to the Company, 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 Site
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, in our sole
discretion. You agree not to collect or harvest any personally identifiable
information, including account names, from the Site, nor to use the communication
systems provided by the Site for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Site 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 Site under your name or
account and absolve the Company 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 Site, 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
Site 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 the Company may directly or
through third party service providers send information to you about the various
services offered by the Company from time to time.
You agree that Company will have the right to
investigate and take all appropriate legal action to prevent, stop or deter
violations of any of the above, including infringement of intellectual property
rights and Site and Services security issues. Company may involve and cooperate
with law enforcement authorities in prosecuting users who violate these Terms
of Use or the rights of any third party.
You acknowledge that Company has no obligation
to monitor your access to or use of the Site, Services or Company Content or to
review or edit any User Submissions or Third Party Materials, but has the right
to do so for the purpose of operating the Site and Services, to ensure your
compliance with these Terms of Use, or to comply with applicable law or the
order or requirement of a court, administrative agency or other governmental
body. Company reserves the right, at any time and without prior notice, to
remove or disable access to any Company Content, Third Party Materials, and any
User Submissions, that Company, in its sole discretion, considers to be in
violation of these Terms or otherwise harmful to the Site or Services.
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.
TIL 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.
9. PROHIBITED ACTIVITIES
You agree not to host, display, upload, modify,
publish, transmit, store, update or share any information or User Submissions
which
(i) belongs to another person and to which the
user does not have any right;
(ii) 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;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright
or other proprietary rights;
(v) violates any law for the time being in
force;
(vi) 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;
(vii) impersonates another person;
(viii) 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;
(ix) contains software virus or any other
computer code, file or program designed to interrupt, destroy or limit the
functionality of any computer resource;
(x) 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
You understand and agree that the Company 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.Additionally, unlawful content will be removed on
being notified by a government agency or by an order of any court or as
required under applicable laws.
If you are found to be in non-compliance with
the laws and regulations, these terms, or the privacy policy of the Site, the
Company shall have the right to immediately terminate/block your access and
usage of the Site and the Company shall have the right to immediately remove
any non-compliant Content and or comment, uploaded by you and subject to
retaining such information as required under applicable laws, shall further
have the right to take recourse to such remedies as would be available to the
Company under the applicable laws.
Company reserves the right to preserve records
of content transmitted by it as required under applicable laws.
10. TERMINATION OF ACCOUNT, SUSPENSION OR DISCONTINUATION
OF THE SERVICE
The Company reserves 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 the Company may do so in its sole discretion. You also agree
that the Company will not be liable to you for any modification, suspension, or
discontinuance of the Services, although if you are a paid subscriber and the
Company suspends or discontinues the Services, the Company may, in its sole
discretion, provide you with a credit, refund, discount or other form of
consideration (for example, the Company may credit additional days of service
to your account). However, if the Company terminates your account or suspends
or discontinues 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.
TIL 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.
11. DISCLAIMER OF WARRANTIES AND LIABILITY
You understand and agree that the Company
provides the Services on ´as-is´ ´with all faults´ and ´as available´ basis.
You agree that use of the Site 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 the Company 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 website will meet your expectations or requirements;
(d) any errors in the Site 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 the Company, its officers, directors, employees, affiliates,
agents, licensors, or suppliers.
The Company 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.
The Company, 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 Site or the Services, whether based in contract,
tort, strict liability, or other theory, even if the Company have been advised
of the possibility of damages.
In the event any exclusion contained herein be
held to be invalid for any reason and the Company or any of its affiliate
entities, officers, directors or employees become liable for loss or damage,
then, any such liability of the Company or any of its affiliate entities,
officers, directors or employees shall be limited to not exceeding subscription
charges paid by you in the month preceding the date of your claim for the
particular subscription in question chosen by you.
12. INDEMNIFICATION
You agree to indemnify, defend and hold
harmless, the Company, its affiliates, successors, and assigns, and each of
their respective investors, directors, officers, employees, agents, and
suppliers (including distributors and content licensors) from and against any
losses, claims, damages, liabilities, including legal fees and expenses,
arising out of:
• any claim due to or arising out of your
violation of these Terms, including but not limited to a claim arising out of a
breach of your representations or warranties made hereunder;
• your use or misuse of or access to the Site or
the Services;
• your violation of any law, regulation or third
party right, including without limitation any copyright, property, or privacy
right; or
• any claim that you have caused damage to a
third party.
The Company reserves the right, at its own
expense, to employ separate counsel and assume the exclusive defence and
control of any matter otherwise subject to indemnification by you, and you
agree to cooperate with the Company´s defence of these claims.
13. GRIEVANCE REDRESSAL MACHENISM
Redressal Mechanism: Any complaints or concerns
with regards to content and or comment or breach of these terms shall be taken
up with the designated Grievance Officer as mentioned below via in writing or
through email signed with the electronic signature to
smita.mishra@timesinternet.in (“Grievance Officer”)
Ms. Smita Mishra
Grievance Officer
Times Internet Limited
Plot No. 391, Udyog Vihar, Phase-III,
Gurgaon-122016, Haryana, India
Ph: 0124-4187000
Notice of Copyright Infringement: Our policy is to comply with all
Intellectual Property Laws and to act expeditiously upon receiving any notice
of claimed infringement. If you believe that any work has been reproduced on
this website in a manner that constitutes copyright infringement, please
provide a notice of copyright infringement containing all of the following
information:
• A physical or electronic signature of a person
authorized to act on behalf of the copyright owner for the purposes of the
complaint.
• Identification of the copyrighted work claimed
to have been infringed.
• Identification of the material on our website
that is claimed to be infringing or to be the subject of infringing activity.
• The address, telephone number or e-mail
address of the complaining party.
• A statement that the complaining party has a
good-faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that
the information in the notice of copyright infringement is accurate, and that
the complaining party is authorized to act on behalf of the owner of the right
that is allegedly infringed.
14. GENERAL TERMS
• Relationship
None of the provisions of the Terms shall be
deemed to constitute a partnership or agency between you and the Company and
you shall have no authority to bind the Company in any manner, whatsoever. This
agreement is solely for your and the Company’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. The Company may assign,
transfer, delegate and/or grant all or any part of its rights, privileges and
properties hereunder to any person or entity.
• Force
Majeure
Neither Party shall have any liability for any
interruption or delay, to access the Site due to Force Majeure Event. For the
purposes of this clause, ´Force Majeure Event´ means any event or circumstance
or combination of events and circumstances which is reasonably beyond the
control of the party affected thereby and which causes or results in default or
delay in performance by such affected party of any of its obligations under this
agreement and includes an act of God, war, hostilities, civil commotion,
strikes, lockouts and other industrial disputes.
• Applicable
Law
These Terms are governed by and construed in
accordance with, the laws of India without giving effect to principles of
conflict of law. In the event of any dispute or claim by you against the
Company, you agree to submit to the exclusive jurisdiction of courts at New
Delhi.
• Limited
Time To Bring Your Claim
You and the Company agree that any cause of
action arising out of or related to use of the Site 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.