TERMS
OF USE
User Agreement
These Terms of Use govern your use of the websites, content
and community services offered through
http://in.indiatimes.com
(“Site”). You (the user) agree to access "the site", subject to
the terms and conditions of use as set out here.
TIL may add to or
change or update these Terms of Use, from time to time entirely at its own
discretion. You are responsible for checking these Terms of Use periodically to
remain in compliance with these terms. Your use of a Site after any amendment to
the Terms of Use shall constitute your acceptance of these terms and you also
agree to be bound by any such changes/revisions.
Changes
TIL
reserves the right to suspend / cancel, or discontinue any or all channels,
products or service at any time without notice , make modifications and
alterations in any or all of the content, products and services contained on the
site without prior notice. Such changes will be posted to
http://www.indiatimes.com/agree.html
for your reference and convenience so as to enable you to understand your
responsibility as a user.
Charges
TIL reserves the right to charge subscription and / or
membership fees from a user, by giving reasonable prior notice, in respect of
any product, service or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual
property rights in all material presented on the site (including but not limited
to text, audio, video or graphical images), trademarks and logos appearing on
this site are the property of Times Internet Limited, its parent, affiliates and
associates and are protected under applicable Indian laws. You agree not to use
any framing techniques to enclose any trademark or logo or other proprietary
information of TIL; or remove, conceal or obliterate any copyright or other
proprietary notice or any credit-line or date-line on other mark or source
identifier included on the Site / Service, including without limitation, the
size, color, location or style of all proprietary marks. Any infringement shall
be vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
TIL grants you permission to only access and make personal
use of the Site and You agree not to, directly or indirectly download or modify
/ alter / change / amend / vary / transform / revise / translate / copy /
publish / distribute or otherwise disseminate any content on TIL’s Site /
Service, or any portion of it; or delete or fail to display any promotional
taglines included in the Site / Service either directly or indirectly, except
with the express consent of TIL. However, you may print or download extracts
from these pages for your personal / individual, non-commercial use only. You
must not retain any copies of these pages saved to disk or to any other storage
medium except for the purposes of using the same for subsequent viewing purposes
or to print extracts for personal / individual use.
TIL forbids 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 (except for indiatimes.com
or you) 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.
No part of
the Site may be reproduced or transmitted to or stored in any other web site,
nor may any of its pages or part thereof be disseminated in any electronic or
non-electronic form, nor included in any public or private electronic retrieval
system or service without prior written permission. Requests to republish
TIL’s material for distribution should be addressed to Times Syndication
Services at E-Mail -
tss@timesgroup.com
.
Individual Registration,
Access and Exchange of Information
For certain services such
as email, personal web pages, contests and shopping, registration by the visitor
is required. To register for these services you have 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
also will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. By registering,
you agree to the following terms 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.
To access these services, you will be
asked to enter your individual User Name and Password, as chosen by you during
your registration. Therefore, we do not permit any of the following:-
• Any
other person sharing your account and Password;
• Any
part of the Site being cached in proxy servers and accessed by individuals who
have not registered with TIL as users of the Site; or
• Access
through a single account and Password being made available to multiple users on
a network.
If TIL reasonably believe that an account and Password
is being used / misused in any manner, TIL shall reserve the right to cancel
access rights immediately without notice, and block access to all users from
that IP address.
Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify TIL
immediately of any unauthorized use of your account or any other breach of
security. TIL 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 TIL or another party due to someone else using your
account or password.
No unlawful or
prohibited use
As a condition of your use of the Services,
you will not use the Services for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Services in any manner
that could damage, disable, overburden, or impair any TIL’s server, or the
network(s) connected to any TIL server, or interfere with any other party's use
and enjoyment of any Services. You may not attempt to gain unauthorized access
to any Services, other accounts, computer systems or to any of the Services,
through hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the Services.
Material Posted/transmitted at
TIL’s Site
All information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
(“Content”), whether publicly or privately transmitted / posted, is
the sole responsibility of the person from where such content is originated (the
Originator). By Posting any material which contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that the
copyright owner of such Images has granted you permission to use such Images or
any content and/or images contained in such Images consistent with the manner
and purpose of your use and as otherwise permitted by these Terms of Use and the
Services, (b) you have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of limitation, the distribution,
public display and reproduction of such Images.
You represent that
you have valid rights and title in any and all Content/Images that you submit on
the Site, that you have not infringed on any IPR belonging to any party and
further that you will indemnify TIL or its affiliates for all claims arising out
of any content that you post on the Site.
TIL accepts no
responsibility for the said Content / Images. However, you understand that all
Content / Images posted by you becomes the property of TIL and you agree to
grant/assign to TIL and its affiliates, a non-exclusive, royalty free,
perpetual, irrevocable and sub-licenseable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform and
display such Content / Images (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later developed
throughout the world”.
Exchange of Information qua CHAT
& other Community Services
You represent that you are a
responsible adult (18 years or above) and you shall be solely responsible for
all Content that you upload post or otherwise transmit.
TIL
endeavours 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 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 matter.
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. You may also not indulge in cyber
stalking, become or create a nuisance for any visitor / user of the Site.
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 this Site, or other user's
ability to engage in real time exchanges.
Prohibited
Activities
You shall not host, display, upload, modify,
publish, transmit, update or share any information on the Site, that
—
(a) belongs to another person and to which you do not have
any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever;
(c) harm minors in any way;
(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 such messages or communicates any information which is grossly
offensive or menacing in nature;
(g) impersonate another person;
(h)
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
resource;
(i) 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 any other
nation.
Any Content uploaded by you shall be subject to
relevant laws and may disabled, or and may be subject to investigation under
appropriate laws. Furthermore, if you are found to be in non-compliance with the
laws and regulations, these terms, or the privacy policy of the Site, we may
terminate your account/block your access to the Site and we reserve the right to
remove any non-compliant Content uploaded by
you.
Limitations
of Liabilities
Any transactions relating to sale/purchase of
goods or services not directly offered by TIL 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 TIL. TIL merely endeavors to provide a
platform where you and other party 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. TIL 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 TIL. TIL
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 TIL
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 Site,
or any infringement of another's rights, including intellectual property rights.
You specifically agree that TIL is not responsible for any content sent using
and/or included in TIL’s site/service by any third party.
Termination of Account
TIL reserves its right to refuse service, restrict,
suspend,terminate your account; (Terminate this Agreement; Terminate or suspend
your access to the TIL’s Web Sites; Refuse, move or remove for any reason
any Content / Image that you submit on or through the Services; Refuse, move, or
remove any Content / Image that is available on or through the Services;
Deactivate or delete your accounts and all related information and files in your
account; Establish general practices and limits concerning use of the Services)
at any time and, remove or edit contents or cancel orders (entered by you) in
its sole discretion with or without cause, and with or without any prior notice
for any violation of the Terms of Use. Upon such termination or suspension, your
right to use the TIL’s Web Sites will immediately cease.
You
can also terminate your account at any time but your information may remain
stored in archive on our servers even after the deletion or the termination of
your account.
User Conduct and
Obligations
You hereby agree and assure TIL that the
Site/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 will not, through Site/Service:
• post,
distribute, or otherwise make available or transmit any software or other
computer files that contain a virus trojan horses, time bombs, bots, botnets,
malicious content, content theft, data manipulation, threats or any other
harmful programs or elements or component;
• delete
from the Site any legal notices, disclaimers, or proprietary notices such as
copyright or trademark symbols, or modify any logos that you do not own or have
express permission to modify;
• not
use the Site / Service in any manner that could damage, disable, overburden, or
impair and not to undertake any action which is harmful or potentially harmful
to any TIL’s server, or the network(s), computer systems / resource
connected to any TIL server, or interfere with any other party's use and
enjoyment of the Site/Service;
• obtain
or attempt to obtain any materials or information through any means not
intentionally made available through the Site/Service;
• engage
in any activity that causes / may harm minors; or
• perform
any activity which is likely to cause such harm;
• impersonate
any person or entity, including, but not limited to, TIL’s official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
• take
any action which encourages or consists of any threat of harm of any kind to any
person or property;
• carry
out any "denial of service" (DoS, DDoS) or any other harmful attacks on
application or internet service or;
• make
any inappropriate, illegal or otherwise prohibited communication to any
Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
• use
the Site/Service for illegal purposes;
• disrupt,
place unreasonable burdens or excessive loads on, interfere with or attempt to
make or attempt any unauthorized access to any TIL website or the website of any
TIL’s customer;
• transmit
through the Site, any unlawful, harassing, libelous, abusive, threatening,
harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or
otherwise objectionable material of any kind or nature. This includes text,
graphics, video, programs or audio, etc.;
• collect
or attempt to collect personally identifiable information of any person or
entity without their express written consent and you shall maintain records of
any such written consent throughout the terms of this agreement and for a period
of 2 years thereafter;
• engage
in antisocial, disruptive, or destructive acts, including "flaming," "spamming,"
"flooding," "trolling," and "griefing" as those terms are commonly understood
and used on the Internet
• forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the Site.
• upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorised advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," duplicative messages or any other form of
solicitation.
• encumber
or suffer to exist any lien or security interest on the subject matter of this
Agreement; or
• make
any representation or warranty on behalf of TIL.
You agree not to post, distribute, transmit or
otherwise make available any data, text, message, computer file, or other
material that infringes and/or violates any right of a third party or any
domestic or international law, rule, or regulation, including but not limited
to:
• infringement
of any copyright, trademark, patent, trade secret, or other proprietary rights
of any third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized transmittal
of copyrighted software;
• right
of privacy (specifically, you must not distribute another person's personal
information of any kind without their express permission) or publicity;
• any
confidentiality obligation.
Unless otherwise permitted, you will: (i) display the
Service on your Site in the exact form received by you, and not modify or edit
any of the foregoing without TIL’s prior written consent; (ii) ensure that
the fundamental meaning of the Service is not changed or distorted; (iii) comply
with all applicable laws and all limitations and restrictions (if any) placed by
TIL on the use, display or distribution of any Service and (iv) not archive any
of the Service for access by users at any future date after the Service has been
removed from your Web site. You acknowledge that the service must link and
redirect to the appropriate TIL’s Web page when a user clicks on the
Service (e.g. a headline). You shall not display the Service in such a manner
that does not allow for successful linking and redirection to, and delivery of,
TIL’s Web page, nor may you frame any TIL’s Web page.
No Controlling Spam Policy or
Unsolicited E-mails
You will not use any communication tool
or other means available on the Site to transmit, directly or indirectly, any
unsolicited bulk communications (including emails and instant messages). TIL
will not sell, lease or rent its e-mail subscriber lists to third parties. You
may not harvest information about users of TIL for the purpose of sending or to
facilitate the sending of unsolicited bulk communications. We may terminate your
access or use of the Site immediately, with or without any notice, and take any
other legal action if you, or anyone using your access details to the Site,
violates these terms. We may adopt any technical remedy (including any filtering
technology or other measures) to prevent unsolicited bulk communications from
entering, utilizing or remaining within our computer or communication networks.
Such filtering technology or other measures may block, either temporarily or
permanently, some e-mail sent to you through the TIL’s Web Sites.
Terms of Use for Indiatimes mail
Indiatimes Mail is designed to not let your mails bounce on
account of space. However, your mails may bounce on account of other reasons
like wrong or mispelt recipient name, size of e-mail, size /number of
attachments, overall attachment limit, mail/attachment containing
viruses/sinister code, server fault from the senders end, internet link failure
etc, for which Indiatimes has no control and responsibility.
The
size of the mail/size of attachments, etc. should be in accordance to the
guidelines of Indiatimes e-mail:
7 Megabyte (MB) for Incoming Mail
20 MB for Outgoing Mail
Unlimited storage space is an offer
valid only for a limited period of time and it can be withdrawn/extended by
Indiatimes at any given point of time. The offer is valid only to those users
meeting all the registration criterion and adhering to the usage policy defined
below. (TIL reserves the right to withdraw this offer at any given point of time
at its discretion)
Usage policy of
Indiatimes Mail
If the user does not access/log in into his
mailbox at least once in three months (90 days) period, then the user account
will be terminated and the user will no longer have access to the same. The
users are subject to all other terms and conditions as listed in
http://info.indiatimes.com/terms/tou.html , terms of use.
Disclaimer of Warranties and
Liability
limitation, the implied warranties of
merchantability, fitness for a particular purpose, workmanlike effort, title and
non-infringement are disclaimed and excluded.
TIL and its parent,
affiliates and associates shall not be liable, at any time for any, direct,
indirect, punitive, incidental, special, consequential, damages (including,
without limitation, damages for loss of business projects, damage to your
computer system or damages for loss of profits, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of
the TIL’s sites/services, with the delay or inability to use the
TIL’s sites/services or related services, the provision of or failure to
provide services, or for any information, software, products, services and
related graphics obtained through the TIL sites/services, or otherwise arising
out of the use of the TIL sites/services) arising in contract, tort or otherwise
from the use of or inability to use the Site, or any of its contents, or from
any act or omissions a result of using the Site 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 site. No representations, warranties or guarantees whatsoever
are made by TIL 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 products, services, content, information, or other material
purchased or obtained from the website will meet your expectations or
requirements; or (d) any errors in the website will be corrected.
Links to Other Sites
All the contents of this Site 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. 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 this Site. The
information from or through this site is provided on "AS IS" basis, and all
warranties and conditions, expressed or implied of any kind, regarding any
matter pertaining to any goods, service or channel, including without Certain
links on the Site lead to resources located on servers maintained by third
parties, these sites of third party(s) may contain TIL’s-logo, please
understand that it is independent from TIL, over whom TIL has no control or
connection, business or otherwise as these sites are external to TIL. You agree
and understand that by visiting such sites you are beyond the TIL’s
website. TIL, therefore neither endorses nor offers any judgement or warranty
and accepts no responsibility or liability for the authenticity, availability,
suitability, reliability, accuracy of the information, software, products,
services and related graphics contained, 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 site(s), as the same is provided on "as is" without warranty of any kind.
TIL gives no warranty and makes no representation whether expressed or implied,
that the information contained in this site is error free. TIL shall not be
responsible nor liable for any consequential damages arising on account of your
relying on the contents of the advertisement. Before relying on the material,
users should independently verify its relevance for their purposes, and should
obtain any appropriate professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted
by users. TIL accepts no responsibility for the content, accuracy, conformity to
applicable laws of such material. You will indemnify and hold harmless TIL
against all third party claims, demands and actions brought against TIL which
arises from or relates to the material submitted by you.
Advertising Material
Part of the Site contains advertising information or
promotion material or other material submitted to TIL by third parties.
Responsibility for ensuring that material submitted for inclusion on 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 other than TIL
found on or through the Website, 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. TIL
will not be responsible or liable for any claim, error, omission, inaccuracy in
advertising material or any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such non-TIL advertisers
on the Website. TIL reserves the right to omit, suspend or change the position
of any advertising material submitted for insertion. Acceptance of
advertisements on the Site will be subject to these terms and conditions.
Data Protection
TIL may send information and offer products and services to
you from time to time. For further details relating to our policy relating to
such offer please refer to our privacy statement. Notwithstanding the foregoing,
TIL reserves the right to disclose any information in response to / that it is
required to be shared, disclosed or make made available to any governmental,
administrative, regulatory or judicial authority under any law or regulation
applicable to TIL.
Further, TIL can (and you authorize TIL to)
disclose your name, street address, city, state, zip code, country, phone
number, email, and company name to Intellectual Property right's owners, as we
in our sole discretion believe necessary or appropriate in connection with an
investigation of fraud, intellectual property infringement, piracy, or other
unlawful activity.
Relationship
None of the provisions of the User Agreement shall be deemed
to constitute a partnership or agency between you and TIL and you shall have no
authority to bind TIL in any manner, whatsoever.
Force Majeure
TIL shall have no liability to you for any interruption or
delay, to access the Site irrespective of the cause.
Indian Law
The
Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New
Delhi shall have exclusive jurisdiction over any disputes arising under this
agreement.
Entire Agreement
These Terms of Service 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.
Limited time to bring
your claim
You and TIL agree that any cause of action arising
out of or related to the TIL’s web sites, only, must commence within one
(1) year after the cause of action accrues otherwise, such cause of action will
be permanently barred.
Acceptance
of Privacy Policy
By using TIL’s sites and services,
you signify your acceptance of this Privacy Statement. If you do not agree or
are not comfortable with any policy described in this Privacy statement, your
only remedy is to discontinue use of TIL sites. We reserve the right, to modify
this Privacy Statement at any time.
General Terms
Rights and obligations under the Terms which by their nature
should survive will remain in full effect after termination or expiration of the
Terms.
Any express waiver or failure to exercise promptly any right
under the Terms will not create a continuing waiver or any expectation of
non-enforcement.
If any provision of the Terms is held invalid by
any law or regulation of any government, or by any court or arbitrator, the
parties agree that such provision will be replaced with a new provision that
accomplishes the original business purpose, and the other provisions of the
Terms will remain in full force and effect.
Notice of Copyright Infringement
TIL is not liable for any infringement of copyright arising
out of materials posted on or transmitted through the site, or items advertised
on the site, by end users or any other third parties. In the event you have any
grievance in relation to any Content uploaded on the Site, you may contact our
Grievance Officer, at
copyright.infringement@indiatimes.co.in
;
or write at the following address:
Times Internet Limited
4th
Floor, ‘I’ World Tower,
DLF City Phase V, Opposite DLF Golf
Course
Gurgaon, Haryana 122002
India
Ph: 0124-4187000
We request you to please provide the following information
in your complaint:-
(a) A physical or electronic signature of a person
authorized to act on behalf of the copyright owner for the purposes of the
complaint.
(b) Identification of the copyrighted work claimed to have been
infringed.
(c) Identification of the material on our website that is
claimed to be infringing or to be the subject of infringing activity.
(d)
The address, telephone number or e-mail address of the complaining party.
(e) 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.
(f) 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.
Copyright Notice
Copyright ©2008 Times Internet Limited. All rights reserved.
This disclaimer/terms of service notification is subject to change without
notice.