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PATNADAILY.COM TERMS OF AGREEMENT
1. Definitions.
"PatnaDaily.Com" or “PD” is the on-line service
on the World Wide Web of the Internet,
consisting of information services and content
provided by affiliates and other third parties.
"Subscriber" means each person who establishes
or accesses a connection ("Account") to
PatnaDaily.Com.
2. General.
(A) This
Agreement, which incorporates by reference other
provisions applicable to use of PatnaDaily.Com
governing the use of certain specific material
contained in PatnaDaily.Com, sets forth the
terms and conditions that apply to use of
PatnaDaily.Com by Subscriber. By using
PatnaDaily.Com (other than to read this
Agreement for the first time), Subscriber agrees
to comply with all of the terms and conditions
hereof. The right to use PatnaDaily.Com is
personal to Subscriber and is not transferable
to any other person or entity. Subscriber is
responsible for all use of Subscriber's Account
(under any screen name or password) and for
ensuring that all use of Subscriber's Account
complies fully with the provisions of this
Agreement. Subscriber shall be responsible for
protecting the confidentiality of Subscriber's
password(s), if any.
(B)
PatnaDaily.Com shall have the right at any time
to change or discontinue any aspect or feature
of PatnaDaily.Com, including, but not limited
to, content, hours of availability, and
equipment needed for access or use.
3. Changed
Terms.
PatnaDaily.Com
shall have the right at any time to change or
modify the terms and conditions applicable to
Subscriber's use of PatnaDaily.Com, or any part
thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for
use. Such changes, modifications, additions or
deletions shall be effective immediately upon
notice thereof, which may be given by means
including, but not limited to, posting on
PatnaDaily.Com, or by electronic or conventional
mail, or by any other means by which Subscriber
obtains notice thereof. Any use of
PatnaDaily.Com by Subscriber after such notice
shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or
additions.
4. Equipment.
Subscriber
shall be responsible for obtaining and
maintaining all telephone, computer hardware and
other equipment needed for access to and use of
and all charges related thereto.
5. Subscriber
Conduct.
(A) Subscriber
shall use PatnaDaily.Com for lawful purposes
only. Subscriber shall not post or transmit
through PatnaDaily.Com any material which
violates or infringes in any way upon the rights
of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages
conduct that would constitute a criminal
offense, give rise to civil liability or
otherwise violate any law, or which, without
PatnaDaily.Com's express prior approval,
contains advertising or any solicitation with
respect to products or services. Any conduct by
a Subscriber that in PatnaDaily.Com's discretion
restricts or inhibits any other Subscriber from
using or enjoying PatnaDaily.Com will not be
permitted. Subscriber shall not use
PatnaDaily.Com to advertise or perform any
commercial solicitation, including, but not
limited to, the solicitation of users to become
subscribers of other on-line information
services competitive with PatnaDaily.Com.
(B)
PatnaDaily.Com contains copyrighted material,
trademarks and other proprietary information,
including, but not limited to, text, software,
photos, video, graphics, music and sound, and
the entire contents of PatnaDaily.Com are
copyrighted as a collective work under the
United States copyright laws. PatnaDaily.Com
owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as
well as in the content original to it.
Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create
derivative works, or in any way exploit, any of
the content, in whole or in part. Subscriber may
download copyrighted material for Subscriber's
personal use only. Except as otherwise expressly
permitted under copyright law, no copying,
redistribution, retransmission, publication or
commercial exploitation of downloaded material
will be permitted without the express permission
of PatnaDaily.Com and the copyright owner. In
the event of any permitted copying,
redistribution or publication of copyrighted
material, no changes in or deletion of author
attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges
that it does not acquire any ownership rights by
downloading copyrighted material.
(C) Subscriber
shall not upload, post or otherwise make
available on PatnaDaily.Com any material
protected by copyright, trademark or other
proprietary right without the express permission
of the owner of the copyright, trademark or
other proprietary right and the burden of
determining that any material is not protected
by copyright rests with Subscriber. Subscriber
shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a
submission. By submitting material to any public
area of PatnaDaily.Com, Subscriber automatically
grants, or warrants that the owner of such
material has expressly granted PatnaDaily.Com
the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part)
worldwide and/or to incorporate it in other
works in any form, media or technology now known
or hereafter developed for the full term of any
copyright that may exist in such material.
Subscriber also permits any other Subscriber to
access, view, store or reproduce the material
for that Subscriber's personal use. Subscriber
hereby grants PatnaDaily.Com the right to edit,
copy, publish and distribute any material made
available on PatnaDaily.Com by Subscriber.
(D) The
foregoing provisions of Section 5 are for the
benefit of PatnaDaily.Com, its subsidiaries,
affiliates and its third party content providers
and licensors and each shall have the right to
assert and enforce such provisions directly or
on its own behalf.
6. Disclaimer
of Warranty; Limitation of Liability.
(A) SUBSCRIBER
EXPRESSLY AGREES THAT USE OF PATNADAILY.COM IS
AT SUBSCRIBER'S SOLE RISK. NEITHER
PATNADAILY.COM, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT
PATNADAILY.COM WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF
PATNADAILY.COM, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH
PATNADAILY.COM.
(B)
PATNADAILY.COM 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.
(C) THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY
ACKNOWLEDGES THAT PATNADAILY.COM IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT
WILL PATNADAILY.COM, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
PATNADAILY.COM OR THE PATNADAILY.COM SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE
PATNADAILY.COM. SUBSCRIBER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON PATNADAILY.COM.
(E) IN ADDITION
TO THE TERMS SET FORTH ABOVE NEITHER,
PATNADAILY.COM, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER
DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN
PATNADAILY.COM, OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT
NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. PATNADAILY.COM, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, PATNADAILY.COM, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
7. Monitoring.
PatnaDaily.Com
shall have the right, but not the obligation, to
monitor the content of PatnaDaily.Com, including
chat rooms and forums, to determine compliance
with this Agreement and any operating rules
established by PatnaDaily.Com and to satisfy any
law, regulation or authorized government
request. PatnaDaily.Com shall have the right in
its sole discretion to edit, refuse to post or
remove any material submitted to or posted on
PatnaDaily.Com. Without limiting the foregoing,
PatnaDaily.Com shall have the right to remove
any material that PatnaDaily.Com, in its sole
discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
8.
Indemnification.
Subscriber
agrees to defend, indemnify and hold harmless
PatnaDaily.Com, its affiliates and their
respective directors, officers, employees and
agents from and against all claims and expenses,
including attorneys' fees, arising out of the
use of PatnaDaily.Com by Subscriber or
Subscriber's Account.
9. Termination.
Either
PatnaDaily.Com or Subscriber may terminate this
Agreement at any time. Without limiting the
foregoing, PatnaDaily.Com shall have the right
to immediately terminate Subscriber's Account in
the event of any conduct by Subscriber which
PatnaDaily.Com, in its sole discretion,
considers to be unacceptable, or in the event of
any breach by Subscriber of this Agreement. The
provisions of Sections 5(B), 5(C), 5(D), 6, 8,
10 and this Section 9 shall survive termination
of this Agreement.
10. Trademarks.
PATNADAILY.COM
, PatnaDaily.Com and each of their logos are
trademarks of PatnaDaily.Com. All rights
reserved. All other trademarks appearing on
PatnaDaily.Com are the property of their
respective owners.
11. Third Party
Content.
Any opinions,
advice, statements, services, offers, or other
information or content expressed or made
available by third parties, including
information providers, Subscribers or any other
user of PatnaDaily.Com, are those of the
respective author(s) or distributor(s) and not
of PatnaDaily.Com. PatnaDaily.Com does not
guarantees the accuracy, completeness, or
usefulness of any content, nor its
merchantability or fitness for any particular
purpose. (Refer to Section 6 above for the
complete provisions governing limitation of
liabilities and disclaimers of warranty.)
In many
instances, the content available through
PatnaDaily.Com represents the opinions and
judgments of the respective information
provider, Subscriber, or other user not under
contract with PatnaDaily.Com. PatnaDaily.Com
neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice
or statement made on PatnaDaily.Com by anyone
other than authorized PatnaDaily.Com employee
spokespersons while acting in their official
capacities. Under no circumstances will
PatnaDaily.Com be liable for any loss or damage
caused by a Subscriber's reliance on information
obtained through PatnaDaily.Com. It is the
responsibility of Subscriber to evaluate the
accuracy, completeness or usefulness of any
information, opinion, advice or other content
available through PatnaDaily.Com. Please seek
the advice of professionals, as appropriate,
regarding the evaluation of any specific
information, opinion, advice or other content.
12.
Miscellaneous.
This Agreement
and any operating rules for PatnaDaily.Com
established by PatnaDaily.Com constitute the
entire agreement of the parties with respect to
the subject matter hereof, and supersede all
previous written or oral agreements between the
parties with respect to such subject matter. The
Agreement shall be governed by the Laws of
India. The Courts of law at New Delhi shall have
exclusive jurisdiction over any disputes arising
under this agreement. No waiver by either party
of any breach or default hereunder shall be
deemed to be a waiver of any preceding or
subsequent breach or default. The section
headings used herein are for convenience only
and shall not be given any legal import.
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