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Eligibility for Site Registration and Account Security
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View India Times Content
The View India Times contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of View India Times (“View India Times Content”). View India Times Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and View India Times, View India Times owns and retains all rights in the View India Times Content and the View India Times. View India Times hereby grants you a limited, revocable, nonsublicensable license to access and display the View India Times Content (excluding any software code) solely for your personal, non – commercial use in connection with viewing the Site and using the View India Times. The View India Times may also contain Content of users and other View India Times licensors. Except as provided in this Agreement or as explicitly allowed on the View India Times, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the View India Times.
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Your Use of View India Times
The View India Times are ouization from View India Times. View India Times reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the View India Times (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the View India Times. You understand that View India Times does not control the User Content posted by users via the View India Times and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. View India Times assumes no responsibility or liability for this type of Content. If you become aware of misuse of the View India Times, please report this immediately to View India Times by emailing email@example.com, Subject: Misuse of View India Times. View India Times assumes no responsibility for monitoring the View India Times for inappropriate Content or conduct. If at any time, View India Times chooses in its sole discretion to monitor the View India Times, View India Times nonetheless assumes no responsibility for Content other than View India Times Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the View India Times to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
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– Exploit or endanger a minor;
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– Cover, remove, disable, block or obscure advertisements or other portions of the View India Times;
– Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the View India Times, or to circumvent or modify any security technology or software that is part of the View India Times;
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– Use the View India Times in a manner inconsistent with any and all Applicable Law;
– Attempt, facilitate or encourage others to do any of the foregoing.
View India Times reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by View India Times in its sole discretion. You acknowledge View India Times reserves the right to investigate and take appropriate legal action against anyone who, in View India Times’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that View India Times may access, preserve or disclose information you provide to the Site, including User Content, when View India Times has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of View India Times, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the View India Times or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Message Boards and Public Forums
The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and View India Times cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. View India Times is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. View India Times reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
View India Times does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the View India Times; provided, however, that User Content shall not include any Content posted by a user that is already owned by View India Times or any Affiliated Company. By posting any User Content on, through or in connection with the View India Times, you hereby grant to View India Times and our Affiliated Companies, licensees and authorized users, a perpetual, non – exclusive, fully – paid and royalty – free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, View India Times is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including View India Times. View India Times’ use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. View India Times reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the View India Times. You hereby appoint View India Times as your agent with full authority to execute any document or take any action, View India Times may consider appropriate in order to confirm the rights granted by you to View India Times in this Agreement.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the View India Times, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the View India Times and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the View India Times or Third Party Services. If you delete your User Content from any View India Times Service, View India Times’ license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in the View India Times back-up copies of the applicable View India Times Service, which are not publicly available. Furthermore, to the extent that View India Times made use of your User Content before you deleted it, View India Times will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from View India Times will not result in, and View India Times assumes no responsibility for, the deletion of such User Content by any third-parties who were provided with or had access to such User Content prior to your deleting it from View India Times, and (ii) termination of your account or your use of the View India Times will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Copyrights and Other Intellectual Property
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If you believe that any material residing on or linked to from the Site infringes your copyright, please send View India Times’ Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the View India Times (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. View India Times’ Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, View India Times, LLC, 1211 Avenue of the Americas, New York, New York 10036; Facsimile: (212)301 – 5785; Phone: (212)301 – 3000; Attn: Lesley West, Copyright Agent. View India Times’ Copyright Agent for notification of claimed infringement can also be reached electronically at firstname.lastname@example.org.
Third Party Links and Services
You are solely responsible for your interactions with other View India Times users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the View India Times. View India Times reserves the right, but has no obligation, to become involved in any way with these disputes.
The View India Times are provided “AS – IS” and “as available” and View India Times does not guarantee or promise any specific results from use of the View India Times. View India Times expressly disclaims any warranties and conditions 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. In particular, View India Times makes no warranty that your use of the View India Times will be uninterrupted, timely, secure or error – free or that any information obtained by you on, through or in connection with the View India Times or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will View India Times be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the View India Times, problems or technical malfunction in connection with use of the View India Times, attendance at a View India Times event, any material downloaded or otherwise obtained in connection with the View India Times, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the View India Times, or the conduct of any users of the View India Times, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of View India Times.
Limitation on Liability
IN NO EVENT WILL View India Times BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE View India Times, EVEN IF View India Times HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, View India Times’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO View India Times FOR THE View India Times DURING THE TERM OF YOUR USE OF THE View India Times. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF View India Times’ ACTS OR OMISSIONS OR YOUR USE OF View India Times ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE View India Times.
Software available in connection with the View India Times (the “Software”) is further subject to Indian export controls. No Software may be downloaded from the View India Times or otherwise exported or re – exported in violation of Indian export laws. Downloading or using the Software is at your sole risk.
(1) View India Times, including its View India Times Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any and all disputes and claims that each of you and View India Times may have against the other that arise out of or relate to the View India Times and your use of them, including the breach, termination, enforcement, interpretation or validity of this Agreement, including the agreement to arbitrate (the “Arbitration Agreement”) and the scope or applicability of this Arbitration Agreement (collectively, “Disputes”), including but not limited to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Arbitration Agreement became effective, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Each of you and View India Times agrees to give up the right to sue in court. Each of you and View India Times also agrees to give up the right to have Disputes heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and View India Times (see paragraph 9 of this Arbitration Agreement below). The only exceptions to this Arbitration Agreement are that (i) each of you and View India Times retains the right to sue in small claims court and (ii) each of you and View India Times may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.
(2) This Agreement evidences a transaction in interstate commerce. This Arbitration Agreement shall survive termination of this Agreement.
(3) Any arbitration between you and View India Times will be conducted by Indian authorities and shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Agreement.
(4) If either you or View India Times wants to arbitrate a Dispute, you or View India Times must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the View India Times Service to which the Notice relates, and the relief requested. Your Notice to View India Times must be sent by mail to Arbitration Notice of Dispute, at Kanpur. View India Times will send any Notice to you at the contact information we have for you or that you provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute. If you and we do not resolve the Dispute within those first 45 days, either you or we may initiate arbitration in accordance with the rules and procedures. You must send a copy of this completed Arbitration Form to the View India Times at the address listed above to which you sent your Notice of Dispute.
(5) Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(6) Each of you and View India Times may incur attorneys’ fees during the arbitration. In addition to whatever rights you may have to recover your attorneys’ fees under Applicable Law, if you prevail in the arbitration, and if View India Times failed to make a settlement offer to you before the arbitration or the amount you win is at least 25% greater than View India Times’ highest settlement offer to resolve the Dispute, then View India Times will pay your reasonable attorneys’ fees in addition to the amount the arbitrator awarded. If View India Times wins the arbitration, you will be responsible for your own attorneys’ fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a Dispute or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides’ arbitration fees and may order the losing party to pay the winning party&rsquo’s reasonable attorneys’ fees, unless such an award of fees is prohibited by Applicable Law.
(7) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order View India Times to pay any monies to or take any actions with respect to persons other than you, unless View India Times explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. YOU AND View India Times AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless View India Times agrees, the arbitrator may not consolidate other persons’ claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, but the rest of this Agreement, including the provisions governing where actions against View India Times must be pursued, will remain in effect.
(10) You and View India Times agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and View India Times agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of this Agreement or the View India Times. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS – CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE View India Times MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold View India Times, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the View India Times, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the View India Times.
View India Times does not knowingly accept, via the View India Times or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. View India Times’ policy is to simply delete any such submission without reading it or forwarding it to other View India Times staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any View India Times or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to View India Times via the View India Times (including but not limited to any public forum), however, such submissions and copyright become the property of View India Times and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as View India Times sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against View India Times or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
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