Terms & Conditions
These Service Terms and all other additional terms and information that may be provided within the Service (collectively “Terms”) govern your use of the service, site, content and software (collectively the “Service”). By registering for or using the Service or any portion of it you accept the Terms.
The Terms constitute an agreement between you and Commcaster Media Pvt. Ltd. including its affiliates and suppliers (collectively “CMPL”), defining your and CMPL’s rights and responsibilities with respect to the Service.
2.Registration and Termination
To use a Service you may need to register and create an account with a username and a password. You may need to provide us with certain personal and other information. CMPL may verify your email address before your account can be used.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify CMPL about any misuse. You are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. CMPL may terminate your registration or restrict your access to certain parts of the Service if CMPL reasonably believes that you have breached the Terms.
CMPL grants you a non-exclusive, non-transferable license, revocable at any time at CMPL’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
As part of the Service, CMPL may provide you with content developed by CMPL or its licensors (“Content”). CMPL grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.
As part of the Service, CMPL may provide you with certain software developed by CMPL or, its licensors (“Software”). Your use of Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: CMPL grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your computer and/or mobile device. You may not copy the Software, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software. For open source licensed software, applicable open source license terms apply.
You may be able to submit information or content (“Material”) to the Service. CMPL does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to CMPL. CMPL is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant CMPL a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for CMPL to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.
You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, CMPL may permanently delete your data. CMPL has no obligation to return data to you after the Service is discontinued or canceled.
CMPL 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.
5. User Conduct and Obligations
You hereby agree and assure CMPL 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:
You agree to:
- Comply with applicable laws, the Terms and good manners;
- Use the Service only for your personal, non-commercial purposes;
- Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, pedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.
- Not to upload or share any information that impersonates another person, threatens the unity, integrity, defence, security or sovereignty of India.
- 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 CMPL’s server, or the network(s), computer systems / resource connected to any CMPL 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, CMPL’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 CMPL website or the website of any CMPL’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 unauthorized 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 CMPL. 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 CMPL’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 CMPL 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 CMPL’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, CMPL’s Web page, nor may you frame any CMPL’s Web page.
To report any abuse of the above terms firstname.lastname@example.org .
CMPL may but has no obligation to:
- Monitor or moderate any Content or Material;
- Remove any Material from the Service; and
- Restrict access to any part of the Service at any time in its sole discretion.
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. CMPL shall not be responsible for any claims or offense caused or suffered by you accessing such Content. You agree:
- To use the Content only for your personal, non-commercial purposes;
- To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
- Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise CMPL promptly of any such unauthorized use;
- Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
- Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
- Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.
The Content is owned and/or controlled by CMPL and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, CMPL reserves the right to enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. CMPL may be acting as an agent for third party Content provider in providing the Content to you. CMPL is not a party to the transaction between you and the third party Content provider for such Content.
CMPL may post notices within the Service. CMPL may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from CMPL sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
CMPL 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.Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.
CMPL assumes no responsibility for the payment of any charges of your service providers.
9.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 CMPL’s-logo, please understand that it is independent from CMPL, over whom CMPL has no control or connection, business or otherwise as these sites are external to CMPL. You agree and understand that by visiting such sites you are beyond the CMPL’s website. CMPL, 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. CMPL gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. CMPL 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.
10.Material Submitted by Users
Certain elements of the Site will contain material submitted by users. CMPL accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless CMPL against all third party claims, demands and actions brought against CMPL which arises from or relates to the material submitted by you.
Part of the Site contains advertising information or promotion material or other material submitted to CMPL 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 CMPL 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. CMPL 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- CMPL advertisers on the Website. CMPL 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.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and CMPL and you shall have no authority to bind CMPL in any manner, whatsoever.
CMPL 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 Aurangabad, Maharashtra, 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.
16.Limited time to bring your claim
You and CMPL agree that any cause of action arising out of or related to the CMPL’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 CMPL’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 CMPL 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.
This disclaimer/terms of service notification is subject to change without notice.
Commcaster Media Pvt. Ltd