- 1 GENERAL CONDITIONS OF USE FOR PORTAL USERS
- 2 Restrictions on use
- 3 Changed Terms
- 4 Equipment
- 5 Subscriber Conduct
- 6 Communications made by Authorized Users/Subscriber through the Portal
- 7 Disclaimer of Warranty: Limitation of Liability
- 8 ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION
- 9 Monitoring
- 10 Indemnification
- 11 Termination
- 12 Third Party Content
- 13 Miscellaneous
- 14 Disclaimer
- 15 Bulletin Boards / Message Boards
GENERAL CONDITIONS OF USE FOR PORTAL USERS
These General Conditions of Use for Portal Users sets forth the terms and conditions on which a subscriber, “Subscriber”, may access and use the portal http://www.fresherstimes.com and www.fresherstimes.com and all sub sites that reside under the Portal,collectively called, Digital Dyn Sites provided by Digital Dyn PVT LTD. a company within the meaning and provisions of the Companies Act, 2013 having Corporate Identification No. _________________ ,(“the Company”). The term Subscriber means and includes each person who establishes or accesses a connection (“Account”) for access to and use of the Digital Dyn Sites.
THESE GENERAL CONDITIONS OF USE FOR PORTAL USERS ARE LEGALLY BINDING ON ALL SUBSCRIBERS/USERS OF THE PORTAL. PLEASE CHECK THE ‘I AGREE’ BOX TO CONFIRM YOUR ACCEPTANCE OF THEM. You will not be able to proceed to the portal unless you agree to be bound by these General Conditions of Use.
Restrictions on use
The Digital Dyn Sites are owned and operated by the Company, and contains material which is derived in whole or in part from material supplied by the Company, various news agencies and other sources (including content partners), and is protected by international copyright and trademark laws. The restrictions on use of the material and content on the Digital Dyn Sites by the Subscriber are specified below. Except where specifically authorised, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Digital Dyn Sites including code and software.
By using the Digital Dyn Sites, the Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the Digital Dyn Sites is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
The Company shall have the right at any time to change or discontinue any aspect or feature of Digital Dyn Sites, including, but not limited to, content, hours of availability and equipment needed for access or use.
The Company shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of the Digital Dyn Sites, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Digital Dyn Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the Digital Dyn Site by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Digital Dyn Sites and all charges related thereto.
Subscriber shall use the Digital Dyn Sites for lawful purposes only. Subscriber shall not post or transmit through the Digital Dyn Sites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the Company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the Company’s discretion restricts or inhibits any other Subscriber from using or enjoying Digital Dyn Sites will not be permitted. Subscriber shall not use Digital Dyn Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Digital Dyn Sites. Digital Dyn Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of Digital Dyn Sites are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Subscriber shall not upload, post or otherwise make available on the Digital Dyn Sites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Digital Dyn Sites, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants the Company the right to edit, copy, publish and distribute any material made available on Digital Dyn Sites by Subscriber.
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Communications made by Authorized Users/Subscriber through the Portal
The Subscriber agree that the Company is entitled to rely on the use of the Identification Details as adequate identification of the Subscriber or persons authorized to use the Portal on behalf of the Subscriber.
The Company is entitled to act or refrain from acting in reliance on electronic messages given using the Portal in conjunction with the Identification Details without obtaining any further written or other confirmation, even if those messages are not actually given or authorized by the Subscriber, and shall have no liability for so acting or refraining to act.
The Company shall take reasonable steps to ensure that Communications are secure, including the use of encryption and compliance with the software security rules.
Disclaimer of Warranty: Limitation of Liability
Subscriber expressly agrees that use of Digital Dyn Sites are at Subscriber’s sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Digital Dyn Sites will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Digital Dyn Sites, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Digital Dyn Sites.
Digital Dyn Sites is provided on an “As Is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties in cases including but not limited to any interactive communication on or through the sites and that the risk of injury from the foregoing rests entirely with subscriber(s).
In no event will the Company, or any person or entity involved in creating, producing or distributing Digital Dyn Sites or the Digital Dyn Sites software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Digital Dyn Sites. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on Digital Dyn Sites.
In addition to the terms set forth above neither, the Company, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Digital Dyn Sites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a stock trade, subscribers are advised to consult with your broker or other financial representative to verify pricing or other information. The Company, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, the Company, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION
The Company shall have the right, but not the obligation, to monitor the content of Digital Dyn Sites, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Digital Dyn Sites. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of Digital Dyn Sites by Subscriber or Subscriber’s Account.
Either the Company or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
Third Party Content
The Company is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Digital Dyn Sites, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Digital Dyn Sites represents the opinions and judgements of the respective information provider, Subscriber, or other user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Digital Dyn Sites by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through the Digital Dyn Sites. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Digital DynSites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for Digital Dyn Sites established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Delhi shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
The Company has provided or may provide links and pointers to Internet sites maintained by third parties. Neither the Company, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in the Digital Dyn Sites and the third-party sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including Bulletin Boards, or the server that makes it available, are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials in the Digital Dyn Sites or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Subscriber (and not the Company) assume the entire cost of all necessary maintenance, repair or correction.
Bulletin Boards / Message Boards
This service may include bulletin boards and chat rooms (“bulletin boards”) which allow feedback to the Company and real-time interaction between users. The Company does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and the Digital Dyn Sites that you do not: restrict or inhibit any other user from using and enjoying the bulletin boards. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law. post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. post or transmit any information, software or other material which contains a virus or other harmful component. post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.