We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
DESCRIPTION OF SERVICES.
Through the Site and its related properties, the Company provides you with access to and the ability to purchase products, receive services and other information, and, subject to certain membership enrollment requirements, to participate in one of more communication forums (collectively referred to as the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of other Site properties, are subject to this TOU.
LIMITATION OF LIABILITY FOR SERVICES MADE AVAILABLE ON THE SITE.
In no event shall the Company and/or its respective agents, affiliates, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of, transaction with third parties based on postings, listings, Content or other information available through or in connection with the Services accessible through the Site. You expressly agree that the laws of the Govt of India, without regard for any applicable conflict of laws principles, shall apply to any dispute concerning your use of the Services, Content or any other matter related to the Site. You further expressly agree and consent to the exercise of personal jurisdiction in the State of Haryana or NCR for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site. You additionally expressly agree to and consent to a court of competent jurisdiction located in NCR as providing the exclusive venue for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You may also be required to select a password and/or a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use the account or password of any other member or user of the Services made available on the Site without the express permission said member or user of the Services.
NO UNLAWFUL OR PROHIBITED USE OF CONTENT AND SERVICES.
As an express condition of your use of the Services and Content made available on the Site, you agree not to use the Services and Content for any purpose that is unlawful or prohibited by the TOU or any other terms, conditions, and notices issued by the Company that are related to Site. You may not use the Services and/or Content in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Services and/or Content. You may not attempt to gain unauthorized access to any Services, Content, other accounts, computer systems or networks connected to any server or to any of the Services and/or Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any deceptive means or acts of misrepresentation, falsehood or fraud through use of the Services and/or Content.
USE OF SERVICES AND CONTENT MADE AVAILABLE ON THE SITE.
Your continued use of the Site and Materials and services is expressly conditioned on your compliance with these terms. Without limiting the foregoing, you acknowledge that bhaswarpaul.com prohibits and you agree not to:
- Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
- Intentionally expose the site and/or any products or services provided on the site to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or access to the Materials;
- Frame or link to the site or any of the Materials available on the site, unless we expressly consents to such linking and/or framing;
- Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the bhaswarpaul.com site;
- Harvest or otherwise collect information about other users for any purpose other than as expressly permitted herein;
- Post any false or inaccurate submissions (defined below) or information on any part of the site;
- Use the Materials and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
- Post any submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
- Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any submissions posted by you;
- Harass, stalk, or otherwise subject any other user of the site or Materials to inappropriate or unwanted contact;
- Make any additions, changes, alterations and/or deletions to any submissions posted by any user without the express written authorization of such other user;
- Bhaswarpaul.com reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and Materials, or to edit, remove or close any submission or thread for any reason.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Bhaswar Paul may add to this list at any time, at its sole discretion.
You acknowledge and agree that there is the chance that you may be exposed to content on the site that may be offensive or objectionable to you. Your access to the site and use of the Materials is undertaken at your own risk and bahswarpaul.com is not responsible for any offensive or otherwise objectionable materials that may be posted on the site.
In addition, the foregoing prohibitions do not impose on bhaswarpaul.com any obligation to monitor or remove any submissions or other information or communication submitted by you or any other user.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access controls implemented by bhaswarpaul.com to protect the site, Materials and any information you provide through the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If we become aware of any of the above activities or other prohibited or unlawful behavior on the site, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
Bhaswarpaul.com has no obligation to monitor the Communication Services or material posted on, listed on or otherwise disseminated through the Services. The Company, however, reserves the right to review materials posted to the Communication Services and to remove any and all material appearing on the Site with or without cause in its sole and absolute discretion. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Bhaswar Paul reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, appearing on the Site in its sole and absolute discretion.
Bhaswar Paul does not control or endorse the content, postings, listings, messages or information found in any Communication Services or related to the Services and Content and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and/or with regard to the Services and/or Content and any action resulting from your participation in any Communication Services, the Services and/or Content.
Bhaswarpaul.com may upload Content or other material to the Communication Services and may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Any user-uploaded materials are strictly subject to the conditions set forth in these TOU.
MATERIALS SUBMITTED TO OR POSTED ON THE SITE.
Bhaswarpaul.com claims ownership and related rights of and to the Content, Services, graphical design, layout and related aspects of the Site. The Company does not claim ownership of the materials, information, posting, listings or other information provided to the Site (including feedback and suggestions) or posted, uploaded, imputed or submitted by third party users and/or members in connection with any Services, Content, Communication Services or associated services made available to the general public, membership community, Site visitors or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting the Company, its affiliate companies and necessary sub-licensees permission to use your Submission in connection with the Services and Communication Services, including, without limitation, an express right of license to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) to publish your name in connection with your Submission; and (3) the right to sublicense such rights to any subsidiaries, respective agents, affiliates, service providers or suppliers associated with the Services made available on the Site.
No compensation or commission will be paid by or otherwise owed by the Company to you with respect to the use of the Services, any Submissions or Postings. The Company is under no obligation to post or use any Submission you may provide for dissemination on the Site or through the Communication Services. The Company may remove the entirety, or any portion thereof, of any Submission and/or Posting at any time in its absolute and sole discretion for any reason whatsoever.
By Posting and/or making a Submission for dissemination on the Site or through the Communication Services, you expressly warrant and represent that you own or otherwise control all of the rights to the information, Content or other material contained in or associated you’re your Submission as described on these TOU including, without limitation, all the rights necessary to lawfully and without liability provide, post, upload, input or facilitate a Submission and/or Posting.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting or making a Submission containing Images, you are granting express permission to view the Images in connection with the use, as permitted by these TOU, of any of the Services and Communication Services made available on the Site to (a) all users of the Services and/or Communication Services and/or (b) to the general public (for each such Image made available or otherwise disseminated in connection with any of the Services, Communication Services or anywhere on the Site). No compensation or commissions will be paid by the Company, or to any user of the Services or the Site, with respect to your use, Submission or Posting of Images unless otherwise agreed to in writing.
Here at bhaswarpaul.com, we dislike unsolicited commercial email (UCE), otherwise known as spam or junk email, as much as you do. Maybe more, since our team gets lots of email every day and there’s no bigger waste of time than deleting all that junk!
We consider spam to be an offense and disservice to the entire Internet community. This is why we fully endorse and comply with all the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act). We also comply with all other applicable unsolicited commercial email laws.
How does this affect you? When you subscribe to our digital/electronic newsletters or other online communications from us and through our website, we always give you the option to unsubscribe. You can do that immediately, or you can do that any time in the future simply by clicking a link in the email you receive from us.
(Of course, if you send us a support email, an email about billing, or any other individualized email, we will naturally respond personally.)
If you have questions, concerns or feedback about this anti-spam policy, just ask by Sending an email to email@example.com and let us know what’s on your mind.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Bhaswar Paul infringes your copyright, you, or your agent may send to Bhaswar Paul a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Bhaswar Paul actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Bhaswar Paul a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Bhaswar Paul’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:firstname.lastname@example.org
This Agreement shall be binding upon and inure to the benefit of Bhaswar Paul and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights here under may be assigned without the prior written consent of Bhaswar Paul.Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Bhaswar Paul to any affiliated entity or any of its wholly owned subsidiaries.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Notification of claimed copyright infringement should be sent to the Company designated agent via electronic mail to email@example.com containing the phrase “Copyright Infringement Notification” in the subject matter. The Company will not provide a response to any inquiry transmitted or sent to its designated agent that is not relevant to the foregoing copyright infringement notification procedure.
Any rights not expressly granted herein by the Company to the visitors, users or members of the Services and/or Content made available through the Site are reserved.