digitalreview.co.in
Web Site Agreement
THE DIGITAL REVIEW WEB SITE (THE “SITE”)
IS AN ONLINE INFORMATION SERVICE PROVIDED BY DIGITAL REVIEW (“DIGITAL REVIEW “), SUBJECT TO
YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE THE SITE. DIGITAL REVIEW MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.Copyright,
Licenses and Idea Submissions.
THE ENTIRE CONTENTS OF THE SITE
ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. THE OWNER OF THE
COPYRIGHTS AND TRADEMARKS ARE DIGITAL REVIEW, ITS AFFILIATES OR OTHER THIRD PARTY
LICENSORS. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. YOU MAY PRINT AND DOWNLOAD PORTIONS OF
MATERIAL FROM THE DIFFERENT AREAS OF THE SITE SOLELY FOR YOUR OWN
NON-COMMERCIAL USE PROVIDED THAT YOU AGREE NOT TO CHANGE OR DELETE ANY
COPYRIGHT OR PROPRIETARY NOTICES FROM THE MATERIALS. YOU AGREE TO GRANT TO DIGITAL REVIEW
A NON-EXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE, WITH THE RIGHT TO
SUB-LICENSE, TO REPRODUCE, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS OF,
PUBLICLY DISPLAY AND PUBLICLY PERFORM ANY MATERIALS AND OTHER INFORMATION
(INCLUDING, WITHOUT LIMITATION, IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED
PRODUCTS AND SERVICES) YOU SUBMIT TO ANY PUBLIC AREAS OF THE SITE (SUCH AS
BULLETIN BOARDS, FORUMS AND NEWSGROUPS) OR BY E-MAIL TO DIGITAL REVIEW BY ALL MEANS
AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. YOU ALSO GRANT TO DIGITAL REVIEW
THE RIGHT TO USE YOUR NAME IN CONNECTION WITH THE SUBMITTED MATERIALS AND OTHER
INFORMATION AS WELL AS IN CONNECTION WITH ALL ADVERTISING, MARKETING AND
PROMOTIONAL MATERIAL RELATED THERETO. YOU AGREE THAT YOU SHALL HAVE NO RECOURSE
AGAINST DIGITAL REVIEW FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF
ANY PROPRIETARY RIGHT IN YOUR COMMUNICATIONS TO DIGITAL REVIEW.
TRADEMARKS.
PUBLICATIONS, PRODUCTS, CONTENT
OR SERVICES REFERENCED HEREIN OR ON THE SITE ARE THE EXCLUSIVE TRADEMARKS OR
SERVICEMARKS OF DIGITAL REVIEW. OTHER PRODUCT AND COMPANY NAMES MENTIONED IN THE SITE
MAY BE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.
2.Use of the Site.
YOU UNDERSTAND THAT, EXCEPT FOR
INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY DIGITAL REVIEW,
DIGITAL REVIEWDOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION, PRODUCTS OR
SERVICES ON THE INTERNET IN ANY WAY. EXCEPT FOR DIGITAL REVIEW- IDENTIFIED
INFORMATION, PRODUCTS OR SERVICES, ALL INFORMATION, PRODUCTS AND SERVICES
OFFERED THROUGH THE SITE OR ON THE INTERNET GENERALLY ARE OFFERED BY THIRD
PARTIES, THAT ARE NOT AFFILIATED WITH DIGITAL REVIEW A. YOU ALSO UNDERSTAND THAT DIGITAL REVIEW
CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR
OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE
RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY
YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR
MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST
DATA.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. DIGITAL REVIEW PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DIGITAL REVIEW
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. DIGITAL REVIEW DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE
PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. DIGITAL REVIEW HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
IN NO EVENT WILL DIGITAL REVIEW BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF DIGITAL REVIEW OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DIGITAL REVIEW LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.DIGITAL REVIEW makes no representations
whatsoever about any other web site which you may access through this one or
which may link to this Site. When you access a non- Rainrays web site, please
understand that it is independent from Rainrays, and that Rainrays has no
control over the content on that web site. In addition, a link to a Rainrays
web site does not mean that DIGITAL REVIEW endorses or accepts any responsibility for
the content, or the use, of such web site.
YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS DIGITAL REVIEW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE
FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT (INCLUDING
NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE
SERVICE.
4.Third Party Rights
THE PROVISIONS OF PARAGRAPHS 2
(USE OF THE SERVICE), AND 3 (INDEMNIFICATION) ARE FOR THE BENEFIT OF DIGITAL REVIEW
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY
THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE. EACH OF THESE INDIVIDUALS OR
ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THOSE PROVISIONS DIRECTLY
AGAINST YOU ON ITS OWN BEHALF.
5.Term; Termination
THIS AGREEMENT MAY BE
TERMINATED BY EITHER PARTY WITHOUT NOTICE AT ANY TIME FOR ANY REASON. THE
PROVISIONS OF PARAGRAPHS 1 (COPYRIGHT, LICENSES AND IDEA SUBMISSIONS), 2 (USE
OF THE SERVICE), 3 (INDEMNIFICATION), 4 (THIRD PARTY RIGHTS) AND 6
(MISCELLANEOUS) SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
6.Miscellaneous
THIS AGREEMENT SHALL ALL BE
GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF INDIA APPLICABLE TO
AGREEMENTS MADE AND TO BE PERFORMED IN INDIA. YOU AGREE THAT ANY LEGAL ACTION
OR PROCEEDING BETWEEN DIGITAL REVIEW AND YOU FOR ANY PURPOSE CONCERNING THIS
AGREEMENT OR THE PARTIES’ OBLIGATIONS HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN
A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION SITTING IN INDIA . ANY CAUSE
OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR
CAUSE OF ACTION IS BARRED. DIGITAL REVIEW’S FAILURE TO INSIST UPON OR ENFORCE STRICT
PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A
WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE
PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY PROVISION OF THIS AGREEMENT.
DIGITAL REVIEW MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY PARTY AT
ANY TIME WITHOUT NOTICE TO YOU.