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Bharat Vichar Manch™ TERMS OF USE


Last Updated: Jan 1, 2014

 

bharatvicharmanch.com is a web site (together with all tools, products and services provided on or related to the web site, the “Site”) owned by Infogird Solution. You are invited to submit articles, post comments, sign up to receive newsletters, RSS feeds and other information, and visit the Site. By using the Site, or by clicking on or pressing “I accept”, “I agree” or similar verbiage during any Site registration or signup progress, you expressly acknowledge and agree that any use of the Site will be in accordance with these Terms of Use, our Privacy Policy [make this term a link] and any other operating policies, disclaimers and community guidelines that may be posted on the Site from time to time, which together form a legally binding agreement between you and Bharat Vichar Manch (the “Agreement”).

 

If you do not agree to be bound by these Terms of Use and the other terms of the Agreement, you may not use the Site. The Site reserves the right to modify these Terms of Use and the other terms of the Agreement at any time by posting amended versions on the Site. It is your responsibility to check the Agreement periodically for changes, and you should check the “Last Updated” dates at the top of these Terms of Use, our Privacy Policy and other site documents to familiarize yourself with the latest version of this Agreement. By continuing to access the Site after such modifications have been posted, you signify your agreement to be bound by them.

 

If you are using the Site on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement. The Site is intended to be used only by individuals who are at least 13 years old. If you are under 13 years of age, you may not use the Site.

Violations If you believe that any content on the Site violates these Terms of Use, please notify the Site by sending an email to [insert e-mail address]. We do not guarantee that any action will be taken as a result of your email.

 

Our Facts, Opinions, Analyses, or Predictions May Be Wrong

 

The content of the Site is offered for general information, discussion, and entertainment purposes only. Some of the content is unmoderated by Bharat Vichar Manch and reflects the personal opinions of the posters. You should be skeptical about any information on the Site because the information may be offensive, harmful, and/or wrong.

 

Do Not Violate Posting or Commenting Rules; Responsibility for Your Content

 

You are responsible for your own postings and agree to access and use the Site at your own risk on an “AS-IS” basis. Your postings should be truthful and accurate. You represent, warrant and covenant that you will NOT make postings that involve the following: • Securities for sale, barter, or exchange • Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others • Illegal activities • Impersonation of any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity • Infringement of another’s intellectual property of any type, including, but not limited to, trade secrets, trademarks, copyrights, patents and design rights • Obscene, vulgar, bigoted, hateful, or racially offensive language or images • Commercial advertising • Gambling, contests, chain letters, “pyramid schemes,” or “multi-level marketing” schemes • Violations of any applicable local, state, national, or international law, regulation, rule, ordinance, decree, directive or other governmental requirement in connection with your use of the Site. (This includes securities laws and regulations.) • Comments personally attacking the author of a post. • Images or other material that violate the privacy or publicity rights of a third party (for example, posting a photograph, video or recording of another individual, or using another individual’s name, likeness or voice, without his or her written consent)

Furthermore, you agree that, if a third party claims that any material you have contributed to the Site is unlawful or violates his or her rights in any way, you will bear the full burden of establishing that the material complies with all applicable laws.

 

You are solely responsible for any content attributable to your activities and for any harm resulting therefrom. We do not approve or endorse any of your content, and we do not control the quality of user content. We do not have any responsibility for the availability, accuracy, correctness, completeness, usefulness, reliability or timeliness of user content, and we may choose to post, refuse to post, delete, remove or modify user content at our sole discretion, without prior notice. IN ADDITION, WHILE WE MAY MONITOR AND/OR MODERATE POSTINGS AND OTHER USER CONTENT FROM TIME TO TIME, WE HAVE NO OBLIGATION TO DO SO.

 

WE DO NOT CLAIM OWNERSHIP OF USER CONTENT. However, by providing content to the Site through any means, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully-paid, transferable and sublicensable right and license to use, copy, reproduce, display, publicly perform, edit, modify, adapt, publish, transmit, transfer, create hypertext links to, broadcast and distribute the content in any form, in all media (whether now or hereafter existing), for purposes of providing, operating, modifying, maintaining, referencing, featuring, advertising and/or promoting the Site and for our internal research purposes.

 

You represent and warrant to us that you either own all rights in, to and relating to all user content attributable to your activities or otherwise have the right and ability to use the content for your intended purposes and to grant the licenses in such content described above. You may not post, upload, import, submit, publish, export, distribute, display, store, share or otherwise disseminate on or through the Site any content where the foregoing representation and warranty is not true. This includes, without limitation, any content which is or contains the copyrighted material, trademarks, service marks or other intellectual property of another party, or which features an image or likeness of a person from whom you have not obtained the necessary consent in writing. If your employer or another third party has rights to content you create or make available using the Site, you represent and warrant that you have either (i) received permission from your employer to post or make available the content; or (ii) secured from your employer a waiver as to all rights in or to the content.

 

Disclosure Policy: Content Removal

 

The Site reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Bharat Vichar Manch may also edit, refuse to post, or remove any posting or other user content at our sole discretion. We also reserve the right to restrict access by any users whom we believe, in our sole discretion, are engaged in inappropriate, unprofessional, or unlawful conduct.

 

We reserve the right to remove content which, in its sole discretion, violates any of the rules set forth in these Terms of Use or elsewhere in the Agreement of which we become aware, but we are under no obligation to do so. If you are offended by any content of the Site, stop using the Site.


Disclaimer: Site Provided from United States The Site includes unmoderated information containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Site or any or any Bharat Vichar Manch-affiliated person or entity.

 

Neither the content of the Site, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by the Site or any Bharat Vichar Manch-affiliated person or entity.

 

The Site and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, security, freedom from viruses or noninfringement.

 

Bharat Vichar Manch does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk.

 

Bharat Vichar Manch is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Site or any links; your placement of content on the Site; or your reliance upon information obtained from or through the Site or through links contained on the Site.

 

The Site is not an intermediary, broker/dealer, investment advisor, or exchange and does not provide services as such.

 

The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

The Site and the products and services offered thereon are controlled and offered by Bharat Vichar Manch from its facilities in the United States of America. Bharat Vichar Manch makes no representations that the Site or services are appropriate or available for use in other locations. Those who access or use the Site or services from other jurisdictions do so at their own volition and are responsible for compliance with all local laws, statutes, rules, regulations and codes.

 

Licenses and Intellectual Property Rights In consideration for your agreement to these Terms of Use, Bharat Vichar Manch grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the content and services on the Site only for your own personal, non-commercial use. The burden of determining that use of any information obtained from the Site is permissible rests with you. The Site, including all software, Bharat Vichar Manch content, Bharat Vichar Manch inventions, technology, products, services and data provided or promoted on or through the Site, are protected under United States and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of Bharat Vichar Manch. Accordingly, except as expressly permitted in the Agreement, you may NOT

(i) modify or create any derivative works based on the Site or our products or services, including customization, translation, or localization

(ii) except as expressly allowed in these Terms of Use, copy, reproduce, reuse in another product or service (or merge with another product or service), modify, alter, or display in any manner any software, content or files, or parts thereof, included as part of the Site or our products or services

(iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Site, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Site, or the underlying ideas or algorithms of the Site

(iv) attempt to gain unauthorized access to the Site or to any account, application, platform, computer system or network associated with the Site. Your compliance with the requirements in this paragraph is a condition to, and material consideration for, our granting you the right to use the Site and our products and services. This Agreement does not transfer from Bharat Vichar Manch to you any Bharat Vichar Manch or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bharat Vichar Manch or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to Bharat Vichar Manch. Bharat Vichar Manch, bharatvicharmanch.com, the Bharat Vichar Manch logo, and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Bharat Vichar Manch or Bharat Vichar Manch’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Bharat Vichar Manch or third-party trademarks.

 

Choice of Law and Forum; Attorneys’ Fees You agree that any dispute arising out of or relating to the Agreement or any content posted to the Site, including copies and/or republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the United States of America and the State of Delaware, excluding its conflicts of law provisions. If Bharat Vichar Manch prevails in any action or proceeding to enforce this Agreement or arising out of this Agreement or your access to or use of the Site, it shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including reasonable attorneys’ fees.

 

Copyright Policy As Bharat Vichar Manch asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; · Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site or available through our services are covered by a single notification, a representative list of such works at those locations; · Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Bharat Vichar Manch to locate the material; · Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; · A statement that you have 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; and · A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Unauthorized Use You may NOT:

(i) solicit for commercial purposes other users of the Site

(ii) use the Site to distribute or post solicitations, promotional materials, spam, junk mail or chain letters

(iii) use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks

(iv) distribute or upload viruses, spyware, adware or any other code, programs or technologies that may harm the Site, or the interests, data or property of users of the Site or any other website or Internet property

(v) harvest or otherwise collect personal information about users, including e-mail addresses, without their consent

(vi) use any robot, spider, crawler, scraper or other automated means to access the Site for any purpose without our express written permission

(vii) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure

(viii) bypass any measures we may use to prevent or restrict access to the Site or certain areas of the Site.


Termination Bharat Vichar Manch may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so. If your Site or account access is cancelled or terminated for any reason, you may no longer be able to access any profile or other user content you have posted to the Site.

 

Indemnification You agree to indemnify and hold Bharat Vichar Manch and any Bharat Vichar Manch-affiliated person or entity harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use or any other provisions of the Agreement, your use of the Site or your user content, and to fully cooperate in Bharat Vichar Manch’s or any Site-affiliated person’s or entity’s defense against any such claims.

 

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