“Services” means and related services.
“Using” means to access, install, or otherwise benefit from using the functionality of the services.
“User” means any person who obtains Services or Website for his own purpose or on behalf of someone else and includes any legal entity that obtained the service and on whose behalf it is used. “Website” means www.AmitKukreja.com and all web-pages appearing, appended, available alongwith this website.
ACCEPTANCE OF TERMS
USE OF THE WEBSITE
User conveys acceptance to Website Usage Frame everytime the User uses the Website. User has discretion not to use the Website, so in terms User’s use of the Website despite the right and power not to use, it is construed that the User has accepted the Website Usage Frame.
AmitKukreja.com can provide User, subject to acceptance of terms and conditions of the Website Usage Frame and payment of fees as may be applicable, at its sole discretion the User Name and Password (“User Account”). AmitKukreja.com solely reserves the right to accept or reject application without obligation of explanation. AmitKukreja.com reserves the right to store, evaluate, analyse, verify, and authenticate the Personal information and data provided by the User. The User acknowledges hereby that AmitKukreja.com continues to maintain right to close the User Account without any notice for any reasons whatsoever it may be..
OWNERSHIP OF INTELLECTUAL PROPERTY
Website Usage Frame is the intellectual property of AmitKukreja.com its affiliates, subsidiaries, licensors, suppliers, service providers, vendors, advertisers, promotional partners, or sponsors and are legally protected, without limitation, under Indian Laws as well as applicable foreign laws, regulations and treaties. You must not alter, delete or conceal any copyright or other notices contained on the Software, Website, including notices on any Website Matter you download, transmit, display, print or reproduce from the Website. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Website Matter without the express prior written consent of AmitKukreja.com. Any unauthorized or prohibited use of any Website Material may subject you to civil liability, criminal prosecution, or both, under applicable civil and/or criminal and/or any other laws and regulations.
If you believe that the Website contains elements that infringe your intellectual property rights in your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action.
IPR of User: AmitKukreja.com does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store on the website.
RULES OF CONDUCT
The Services and the Website is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. Your use of the Services and Website is subject to all applicable local, state, national laws and regulations and international treaties wherever applicable. You shall not use, allow, or enable others to use the Services and Website, or knowingly condone use of this Website by others, in any manner that is, attempts to, or is likely to:
• Impersonate somebody that your real entity, fake identity or any combination of both or anything related to fake or improper impersonation.
• Be ethically not acceptable, violates laws and regulations of any state, country.
• Affect reputation of the Website or any other party in whatsoever manner.
• Send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• Transmit, distribute or upload programs or materials that contain malicious code, such as viruses, timebombs, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• Upload or distribute any data, information or content that is not developed by you, or without obtaining appropriate licence or permissions.
• Upload any content defamatory, or violative of privacy or publicity rights, or contents showing or stating pornographic, discrimination on sex, religion, skin color, race, nationality or any other socially undesirable material.
• Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website.
• Reverse engineer the Website.
• Or any other usage in inappropriate manner.
CONTENTS ON THE WEBSITE
The Website may provide a facility to the User to post your contents photographs, blogs, comments, opinions, expressions, chat text, or any other text on the Website whether by use of Services or otherwise (“the Content”). The Website at sole discretion has right to display fully or partially or not to display the Content. User confirms that the Content is Users work and possesses necessary rights and licenses to display the Content on the Website. User acknowledges that AmitKukreja.com retains the right to delete such contents without any notice or explanation. User acknowledges that the Content once displayed on the Website is beyond control of AmitKukreja.com and it will be open for view by any other User.
As a User if you find some material which is written about you, your work, or related to you in some manner and if you feel it as derogatory, malicious, wrongful or in any manner discomforting you, do notify us. If necessary, we may delete such content posted on the Website.
The Website will also post, display, publish or provide links of advertisements of Advertisers. AmitKukreja.com doesn’t endorse the advertisements or advertisers or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers.
LINKS TO THIRD PARTY SITES
We may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website.
DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SERVICE, WEBSITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE. THE SERVICES OR WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. THE SERVICES, THE WEBSITE ARE NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS DUE TO UNLAWFUL ACTIVITIES BEYOND CONTROL OF AmitKukreja.com.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website.
You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Website, including, without limitation, postings and Materials associated with your use of the Website.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, AmitKukreja.com, THE PARENT COMPANIES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SOFTWARE OR WEBSITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have AmitKukreja.com, upon written notice from you to us, attempt to correct deficient services under this Agreement and, if correction or replacement is not reasonably commercially practicable for AmitKukreja.com, to refund any monies actually paid by you for Services or use of the Website and to terminate and discontinue your use of the Website. You further understand and acknowledge the liability of the Website is limited to the payment received by AmitKukreja.com in past one year. As a result, you acknowledge and agree that AmitKukreja.com assumes no liability, responsibility or obligation to exchange of data, transmit, process, store, and receive. You shall not hold AmitKukreja.com responsible for any third party liability incurred by you due to usage of the Software or Website.
You agree to indemnify, defend and hold AmitKukreja.com, its parents, subsidiaries, affiliates, successors, assigns and licensors, the Website, or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or due to your activities related to the Website or by usage of the Services, whether by use of User name and Password or not.
AmitKukreja.com, its parents, subsidiaries, affiliates, assigns and licensors reserve the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with them in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Companies.
Without limiting the foregoing, under no circumstances shall AmitKukreja.com be held liable for any damage or loss due to deficiency in performance of the Services or Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, earthquakes, floods, tsunamis, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
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