As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, multimedia files, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on or through the Site.
BMPL reserves the right to suspend / cancel, or discontinue any or all products or services 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 on the Site for your reference and convenience so as to enable you to understand your responsibility as a user.
BMPL reserves the right to charge subscription and/ or membership fees from a user in respect of any product, service or any other aspect of this Site.
BMPL 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 BMPL'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 BMPL. 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. BMPL 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 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.
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 BMPL, 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 BMPL; 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.
REGISTRATION, ACCESS AND EXCHANGE OF INFORMATION
For subscription services, registration by the user is required. To register 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 username and password. 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 fortuneindia.com as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network.
If BMPL reasonably believes that an account and Password is being misused in any manner, BMPL 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 BMPL immediately of any unauthorised use of your account or any other breach of security. BMPL 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 BMPL or another party due to someone else using your account or password.
NO UNLAWFUL OR PROHIBITED USED
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 BMPL's server, or the network(s) connected to any BMPL's server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorised 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 ON THE SITE BY THE USER AND / OR ANY THIRD PARTY:
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. 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 and Conditions and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms and Conditions, 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 and Conditions, 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 BMPL or its affiliates for all claims arising out of any content that you post on the Site. BMPL accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of BMPL and you agree to grant / assign to BMPL and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable 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.
LIMITATIONS OF LIABILITIES
Any transactions relating to sale/purchase of goods or services not directly offered by BMPL 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 BMPL. Under no circumstances will BMPL 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 BMPL is not responsible for any content sent using and/or included in BMPL's site/service by any third party.
TERMINATION OF ACCOUNT
USER CONDUCT AND OBLIGATIONS
You hereby agree and assure BMPL 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 BMPL's server, or the network(s), computer systems / resource connected to any BMPL 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, BMPL'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 unauthorised access to any BMPL website or the website of any BMPL'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, 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 BMPL.
- 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 unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised 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 BMPL’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 BMPL 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 BMPL'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, BMPL's Web page, nor may you frame any BMPL'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). You may not harvest information about users of BMPL 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, 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 BMPL's sites.
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. BMPL 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 BMPL's sites/services, with the delay or inability to use the BMPL'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 BMPL sites/services, or otherwise arising out of the use of the BMPL 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 BMPL 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 BMPL's logo, please understand that it is independent from BMPL., over whom BMPL has no control or connection, business or otherwise as these sites are external to BMPL. You agree and understand that by visiting such sites you are beyond the BMPL's website. BMPL, 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, or 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. BMPL gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. BMPL 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. BMPL accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless BMPL against all third party claims, demands and actions brought against BMPL which arises from or relates to the material submitted by you.
Part of the Site contains advertising information or promotional material or other material submitted to BMPL 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 BMPL 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. BMPL 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-BMPL advertisers on the Site. BMPL 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.
BMPL may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offers please refer to our privacy statement. Notwithstanding the foregoing, BMPL 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 BMPL. Further, BMPL can (and you authorise BMPL to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights 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.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and BMPL and you shall have no authority to bind BMPL in any manner, whatsoever.
BMPL shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
The Agreement shall be governed by the Laws of India. The Courts of law at Kolkata, West Bengal, India shall have exclusive jurisdiction over any disputes arising under this 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.
RIGHT TO REMOVE INAPPROPRIATE MESSAGE
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilised and respect the rights of others.
LIMITED TIME TO BRING YOUR CLAIM
You and BMPL agree that any cause of action arising out of or related to BMPL'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.
By using BMPL'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 BMPL sites. We reserve the right, to modify this Privacy Statement at any time.
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
BMPL 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. 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 your 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 authorised 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 authorised 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 authorised to act on behalf of the owner of the right that is allegedly infringed.
ALL NOTICES OF COPYRIGHT INFRINGEMENT SHOULD BE SENT TO:
LEGAL DEPARTMENT BUSINESS MEDIA PRIVATE LIMITED 6, Prafulla Sarkar St. Kolkata-700001 West Bengal, India
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