The modified Agreement would be effective from the date of modification that is posted by the Company on the Website. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Website.
Terms of License. The Website is an online compilation of news and entertainment content the Content. The Company grants you a limited, non-exclusive and non-assignable license to access the Content subject to the terms and conditions set out herein. By accessing the Content, you agree to be bound by the terms set forth in this Agreement.
Proprietary Rights. The Company has proprietary rights in the Website and you may not copy or reproduce the Website or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the Website, including calls to action, text placement, images and other information.
II. PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the indigomusic.com NEWS Sites and all charges related thereto.
III. THE WEBSITE AND THE CONTENT
Content; Intellectual Property; Third Party Links. In addition to providing the Content as stated above, the Website may also offer other information directly or indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Website. The proprietary rights to all Content that is generated and /or edited by the Company and made available on the Website shall belong to the Company alone. Unauthorized use of any Content or material that is available on the Website may violate intellectual property rights of the Company and/or other parties. You shall use the content on this Website only for personal, non-commercial use. Any links to third-party websites that are provided on the Website are for convenience and does not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.
The Website shall not be used by you for any illegal or unlawful purpose. Your use of the Website shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Website by other Users, and you shall not engage in transmission of ‘spam’, chain letters, junk mail or any other type of unsolicited communication.
By using this Website, you are granted a limited, non-exclusive, non-transferable right to access the Content on the Website in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
Please note that the Company is only an ‘intermediary’ as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Website. The Company does not have the ability to control User-generated content on the Website. You are solely responsible for your interactions with other Users and any content you post. The Company may monitor interactions between Users and remove any content from the Website that it considers objectionable or inappropriate.
IV. RESTRICTIONS ON USE
You not host, display, upload, modify, publish, transmit, update or share any information that:
indigomusic.com NEWS Sites is provided on an ‘As Is’ basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Belongs to another person and to which you do not have any proprietary right;
Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The Company retains the right to remove from the Website any content that contravenes any of the above conditions.
V. DISCLAIMER OF WARRANTIES
Please note that your use of the Website and the Content shall be at your sole risk. The Company disclaims all warranties of any kind with respect to the Content, whether express or implied, including, but not limited to merchantability, accuracy, completeness, timely publication, fitness for a particular purpose and non-infringement of third party rights. You shall be solely responsible for assuming responsibility for implementing sufficient checks and procedures to satisfy your requirements for accuracy and suitability of the Content for a particular purpose.
Interruptions: The Company (including its directors, employees, agents and representatives) shall not be liable for any loss or liability resulting, directly or indirectly, from technical glitches or interruptions in the access of Content due to electronic or mechanical failures, defects, weather, strikes, acts of God, riots or other like causes.
Inaccuracies: The Contents published on the Website from time to time may include inaccuracies or human as well as mechanical errors, may be incomplete, and may be changed or updated from time to time at the sole discretion of the Company. The Company (including its directors, employees, agents and representatives) make no representations about the suitability or use of the Content and features of the website for any particular purpose.
No Endorsement: The Company does not endorse or recommend any product or service that is published or advertised on the Website.
Third Party Information. The Company makes no warranty that the third party information made available on the Website or the third party links made available on the Website are accurate, reliable or complete.
IN NO EVENT SHALL THE COMOANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE WEBSITE PLATFORM. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE WEBSITE.
VI. LIMITATION OF LIABILITY
The aggregate liability of the Company to a User with respect to the Website Content and for the services and/or for any breach of this Agreement is limited to a value of Rupees Ten Thousand Only (INR 10,000/-). The Company shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement.
You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Website content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Website.
If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Website. You shall notify the Company of any third party legal proceeding that is initiated in relation to the Website or the Services, to which legal proceeding you are a party.
IX. REDRESSAL OF GRIEVANCES
If you have any questions or grievances regarding the Website, or the contents thereof, you may reach out to the designated Grievance Officer of the Company at [email protected] (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.
X.USE OUTSIDE INDIA
Although the Website may be accessible worldwide, the Company makes no representation that materials on the Website are appropriate or available for access in locations outside India or that the Website complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Website from territories where the content is deemed illegal is prohibited. A User accessing the Content from outside India does so at his/her own initiative and is responsible for compliance with local laws.
XI. MISCELLANEOUS PROVISIONS
Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.
No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party: Notice to the Company:
India Radio Ventures Private Limited
N A Chambers,#3J, 7th C Main, 3rd Cross Koramangala, 3rd block, Bangalore 560 034, India
Email: [email protected]
Notice to User: At the email address provided by you at the time of registration on the Website.
Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:
The Indian Contract Act, 1872;
The (Indian) Information Technology Act, 2000;
The (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
This Website originates from the State of Karnataka in India. This Agreement will be governed by the laws that are applicable in the State of Karnataka. By using this Website, you consent to the jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Termination. The Company may terminate your access to the Website without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.