TOU

TERMS OF USE OF www.globalindianheritage.com

 

1.   ACCEPTANCE OF TERMS

www.globalindianheritage.com (which will may also be referred as The Site) welcomes you. The Site provides its services to you subject to the following Terms of Use ("TOU"), which may be updated by it from time to time without notice to you. In addition, when using the services owned or operated by The Site, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. The Site may also offer other services that are governed by different Terms of Use.

 

2.   DESCRIPTION OF SERVICE

www.globalindianheritage.com is a collaborative site which is trying to document all information and images about India, Indians and Indian culture through the world through collaborative efforts of its users. The information available on this site can be accessed free of cost and can be made use of according to the terms and conditions laid down in The Site’s Copyright Policy.

 

3.   YOUR REGISTRATION OBLIGATIONS

In consideration of your use of The Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by The Site's Registration Form and (b) maintain and promptly update it to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Site has reasonable grounds to suspect that such information is untrue,  inaccurate, not current or incomplete, The Site has the right to  suspend or terminate your account and refuse any and all its current or future use.

 

4.   THE SITE’S PRIVACY POLICY

The information provided by you in the Registration Form and certain other information about you is subject to our Privacy Policy. You understand that through your use of The Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to any country for storage, processing and use by The Site and its affiliates.

 

5.   MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing The Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. The Site cannot and will not be liable for any loss or damage  arising from your failure to comply with this Section.

 

6.   MEMBER CONDUCT

You understand that all Content including information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, posted on The Site are the sole responsibility of  the person from whom such Content originated. This means that you, and not The Site, are entirely responsible for all Content that you  upload, post, email, transmit or otherwise make available via the The Site. The Site does not guarantee the accuracy, integrity or quality of such Content. You understand that by using The Site, you may be exposed to Content that is offensive, indecent or objectionable in any manner. Under no circumstances will The Site be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via The Site.

You agree to not use The Site to:

 

a.   upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b.   harm minors in any way;

c.   impersonate any person or entity, including, but not limited to any of The Site official.

d.   upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

e.   upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights  of any party;

f.     upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

g.   interfere with or disrupt The Site or servers or networks connected to The Site, or disobey any requirements, procedures, policies or regulations of networks connected to The Site.

h.   intentionally or unintentionally violate any applicable local, state, national or international law.

 

You acknowledge that The Site may or may not pre-screen Content, but that The Site and its designees shall have the right (but not the  obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via The Site. Without limiting the  foregoing, The Site and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Site or submitted to The Site.

 

You acknowledge, consent and agree that The Site may access,  preserve and disclose your account information and Content if required to do so by law or in a good faith and belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of The Site, its users and the public.  

 

7.   CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SITE

The Site does not claim ownership of the Content you submit or make  available for inclusion on The Site. However, with respect to Content  you submit, you grant The Site the following worldwide, royalty-free and non-exclusive license(s), as applicable:

o    With respect to Content you submit or make available for inclusion on publicly accessible areas of The Site, the license to  use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on The Site and its affiliates like but not limited to newsletter and other publicity material solely for the purposes of providing and promoting The Site.

o    With respect to photos and graphics you submit or make available for inclusion on publicly accessible areas of The Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on The Site

                 

                       SUGGESTIONS TO THE SITE

By submitting ideas, suggestions, documents, and/or proposals to The Site through its Suggest page or any other means, you acknowledge and agree that: (a) your suggestions do not contain confidential or proprietary  information; (b) The Site is not under any obligation of confidentiality,  express or implied, with respect to the suggestions; (c) The Site shall be entitled to use or disclose (or choose not to use or disclose) such suggestions for any purpose, in any way, in any media worldwide; (d)  The Site may have something similar to the suggestions already under consideration or in development; (e) your suggestions  automatically become the property of The Site without any obligation  of The Site to you; and (f) you are not entitled to any compensation or  reimbursement of any kind from The Site under any circumstances.

 

NEWSLETTER AND OCCASIONAL E – MAILS FROM THE SITE

You expressly agree to receive occasional e-mails and Newsletters from the site. The frequency of the Newsletters and emails will be decided by The Site. You, however, can request The Site to discontinue the Newsletters or the e – mails by sending e-mail to info@globalindianheritage.com. You understand that such discontinuation may take effect within a period of 90 days from the date of the receipt of such a request.

 

                       INDEMNITY

You agree to indemnify and hold The Site and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through The Site, your use of The Site, your connection to The Site, your violation of the TOU, or your violation of any rights of another.

 

                        MODIFICATIONS TO THE SITE

The Site reserves the right at any time and from time to time to  modify or discontinue, temporarily or permanently, The Site (or any  part thereof) with or without notice. You agree that The Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of The Site.

 

                     TERMINATION

You agree that The Site on its own discretion may, and without prior notice, immediately terminate your account, any associated email  address, and access to The Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to The Site (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and (g) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations for cause shall be made in  The Site’s sole discretion and that The Site shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

 

                        LINKS

The Site may provide, or third parties may provide, links to other  World Wide Web sites or resources. Because The Site has no control over such sites and resources, you acknowledge and agree that The  Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree  that The Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

                     THE SITE’S PROPRIETARY RIGHTS

You acknowledge and agree that The Site and any necessary Software used in connection with The Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information  presented to you through The Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Site or  advertisers, you agree not to modify, rent, lease, loan, sell, distribute  or create derivative works based on The Site or the Software, in whole or in part. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to The Site.

 

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

 .     Your use of The Site is at your sole risk. The Site and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

a.   The Site and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) The   Site will meet your requirements; (ii) The Site will be uninterrupted, timely, secure or error-free; (iii) the results that  may be obtained from the use of The Site will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through The Site  will meet your expectations; and (v) any errors in the software will be corrected.

b.   Any material downloaded or otherwise obtained through the  use of The Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

c.   No advice or information, whether oral or written, obtained by   you from The Site or through or from The Site shall create any warranty not expressly stated in the TOU.

                 

                       LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN  IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY  TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.  

 

                      NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

 

                       NOTICE

The Site may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on The Site’s Blog.

 

GENERAL INFORMATION

Entire Agreement. The TOU constitutes the entire agreement  between you and The Site and governs your use of The Site, superseding any prior agreements between you and The Site with   respect to The Site. The TOU and the relationship between you and  The Site shall be governed by the laws of the state of UTTAR PRADESH of INDIA without regard to its conflict of law provisions. You and The Site agree to submit to the personal and exclusive jurisdiction o f the courts UTTAR PRADESH of INDIA.  

Waiver and Severability of Terms. The failure of The Site to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. (The End)