BIZ INDIA Terms of Service
1. GENERAL RULES AND DEFINITIONS
2. BIZINDIA.net CONTENT
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
5. REPRESENTATIONS AND WARRANTIES
6. REGISTRATION AND SECURITY
7. FEES AND PAYMENTS
8. COMMUNICATIONS BETWEEN BIZINDIA.net AND WEBSITE VISITORS
9. SOFTWARE LICENSES
10. TERMINATION
11. MISCELLANEOUS
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use BIZINDIA.net, or any of the features of this site, including but not limited to RSS, API, widget downloads (the “Service”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and BIZ INDIA PublicationS and its Internet service (the “Service”) on the Web (“BIZINDIA.net”),
1.2 BIZINDIA.net may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR MEMBERSHIP BY USING THE “CONTACT US” FORM (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 BIZINDIA.net may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. BIZINDIA.net may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2.1 The contents of the BIZINDIA.net sites are intended for your personal, noncommercial use. All materials published on BIZINDIA.net (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by BIZ INDIA Publications, BIZINDIA.net, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may NOT download or copy the Content and other downloadable items displayed on the Service. Copying or storing of any Content is expressly prohibited without prior written permission from the Publisher of BIZINDIA.net and BIZ INDIA Mgazine, BIZ INDIA Digital Edition at BIZ INDIA Publications, or the copyright holder identified in the copyright noticE contained in the Content.
2.4 The Content of the Service is owned or licensed to BIZINDIA.net. Certain Content is furnished by news and wire agencies which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
2.5 Podcasts. BIZINDIA.net’s podcasting service (the “Podcast Service”) consists of news and information files (the “Podcast Content”) that may be downloaded to your computer and/or transferred to your portable MP3 player.
The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by BIZINDIA.net.
Ownership: BIZINDIA.net’s Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. BIZ INDIA Publications owns all rights including copyright to the Podcast Content, and to BIZ INDIA Publications logos and trademarks used in connection with the Podcast Service.
Right to Discontinue Podcast Service: BIZINDIA.net reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of these Terms of Service.
BIZ INDIA Publications assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
3.1 (a) You shall not upload to, or distribute or otherwise publish on to the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.1 (b) Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
3.1 (c) Use respectful language. Like any community, the online conversation flourishes only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
3.1 (d) Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. BIZINDIA.net encourages active discussions and welcomes heated debate on the Service. But personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 The Service shall be used only in a noncommercial manner. You shall not, without the express approval of BIZ INDIA , distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, shared activities, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by BIZ INDIA Publications and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Service including shared activities, may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.4 You grant BIZ INDIA a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for BIZINDIA.net or any third party BIZ INDIA Publications designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to BIZINDIA.net or any other Web site owned by BIZ INDIA , including any Submission posted on BIZINDIA.net through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while BIZINDIA.net does not and cannot review every Submission and is not responsible for the content of these messages, BIZINDIA.net reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses. (Effective as of June 01, 2002).
3.7 Any person involved in or affiliated with the production of a work reviewed on BIZINDIA.net may not submit a Readers’ Review for that work or competing works.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 BIZINDIA.net contains links to other related World Wide Web Internet sites, resources, and sponsors of BIZINDIA.net. Since BIZINDIA.net is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless BIZ INDIA and BIZINDIA.net, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. BIZ INDIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Neither BIZ INDIA Publications nor BIZINDIA.net represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
6.1 As part of the registration process, you will select a password and a Member ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a Member ID of another person with the intent to impersonate that person; (ii) use a Member ID in which another person has rights without such person’s authorization; or (iii) use a Member ID that BIZINDIA.net, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of BIZINDIA.net.
6.2 (a) You shall notify BIZINDIA.net through the “Contact Us” form of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 13 years or older to subscribe to all parts of the Service.
6.4 You are responsible for all usage or activity on your BIZINDIA.net account, including use of the account by any third party authorized by you to use your Member ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at BIZINDIA.net’s sole discretion, and BIZINDIA.net may refer you to appropriate law enforcement agencies.
7.1. BIZINDIA.net reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time BIZINDIA.net requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), BIZINDIA.net will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the appropriate section of our website. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by BIZINDIA.net or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
8. COMMUNICATIONS BETWEEN BIZINDIA.net AND WEBSITE VISITORS
8.1 If you indicate on your registration form that you want to receive such information, BIZINDIA.net, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
8.2 BIZINDIA.net reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.3 BIZINDIA.net reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of BIZINDIA.net.
8.4 BIZINDIA.net may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form. (Effective as of June 01, 2002).
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). You may not sublicense, assign or transfer any licenses granted by BIZINDIA.net, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
10.1 You may terminate your account at any time by iforming us through the “Contact Us” form. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
10.2 BIZINDIA.net may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Service.
11.1 These Terms of Service have been made in and shall be construed and enforced in accordance with New Jersey law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in New Jersey.
11.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in BIZ INDIA Publications Privacy Policy.
11.3 Correspondence should be sent through the “Contact Us” form or mailed to BIZ INDIA publications at its current mailing address.
11.4 You agree to report any copyright violations of the Terms of Service to BIZ INDIA Publications as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the BIZINDIA.net service, please notify [email protected]. (Please direct all general questions through the “Contact Us’ form.
These Terms of Service were last updated on August 09, 2010.
