A. INFORMATION SUPPLIED BY USERS
The website http://184.108.40.206 is managed and published by Gaon Khabar Media PVT LTD.
By accessing the Site or Service and / or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions.
While individuals under the age of 18 may utilise the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.
You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
Definition of “User” or “You”: means any person who accesses or avails of this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice without any liability whatsoever. The Gaon Khabar Media PVT LTD reserves the right to suspend / cancel, or discontinue any or all channels, categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.
The Gaon Khabar Media PVT LTD shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that The Gaon Khabar Media PVT LTD , in its sole discretion, believes to be in the interest of our company and of our users as a whole.
Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. Hence, all articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all copyright notices / restrictions on our site.
Gaon Khabar Media PVT LTD shall moderate the comment threads.
The Gaon Khabar Media PVT LTD reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.
Voluntary Contributions shall mean a donation to benefit a cause. The donation referred to here would be in monetary terms .
That with respect to each voluntary contribution, the Company will raise the invoice and said contributions will be treated as inclusive of applicable Taxes, surcharge and cess.
Special Campaign/Competitions shall mean contests, sweepstakes, or giveaways to generate leads for the business .
For gaining entry / access to special campaigns / competition, the participant has to pay entry fee/participation fee as specified in the Special Campaign/Competition notification and such fees shall be subjected to applicable taxes (both Income Tax & Goods and Services Tax) along with surcharge and cess. Entry Fee/Participation Fee is non-refundable.
Limit one entry per person. You shall not use multiple accounts/methods to enter the special campaigns / competition, and a participant who submits entries through multiple accounts/methods will be disqualified.
Terms and Conditions specific to each Competition are displayed in a notice and same shall be accessible on our web page (the “Competition Notice”) and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
By entering the competition, a participant is indicating his/her agreement to be bound by the terms and conditions mentioned herein and in the Competition Notice or any other additional terms and conditions as may be notified by the Gaon Khabar Media PVT LTD
That the Gaon Khabar Media PVT LTD shall have the right, at its sole discretion and at any time, to change or modify terms and conditions of the competition, such change shall be effective immediately upon posting to this webpage.
Cash Prize shall mean a Cash award to be given to a person, a group of persons or organization to recognise and reward actions or achievements. The cash prize offered under the special campaigns / competitions shall be subjected to the Applicable Taxes (both Income Tax & Goods and Services Tax) along with surcharge and cess and the wining Contestant will receive the cash prize after deduction of all applicable taxes along with surcharge and cess from the cash prize.
The prize is as specified in the Competition Notice. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
The winner will be notified by Email and/or by notification on our web page. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
The Gaon Khabar Media PVT LTD will notify the winner when and where the prize can be collected / is delivered.
In the event of any dispute regarding conduct, results and all other matters relating to a Competition, our decision will be final and no correspondence or discussion shall be entered into.
That the employees of the Gaon Khabar Media PVT LTD and/or their group companies, affiliate or associate companies and their relatives/ dependents (First blood/Spouse of immediate member) shall not be eligible to participate in the Special Campaign/Competition. If found otherwise, then the Gaon Khabar Media PVT LTD reserves the right to forfeit the prize. If an employee of the Gaon Khabar Media PVT LTD leaves the organization when the Special Campaign/Competition is launched or leave during Special Campaign or Competition Period / before Winner list announcement / after Winner’s list is announced, the employee will not be eligible to participate in the Special Campaign/Competition.
The Gaon Khabar Media PVT LTD reserves the right to cancel the Competition or amend the terms and conditions of the Competition without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Gaon Khabar Media PVT LTD control. Any changes to the competition will be notified to participants as soon as possible by the Gaon Khabar Media PVT LTD
Gaon Khabar Media PVT LTD (or any third party nominated by Gaon Khabar Media PVT LTD) may exercise its sole discretion to use the winner’s (and (if applicable) their companion’s) name, address, and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
Information and/or data (“personal data”) which is provided by participants when they enter will be held and used by Gaon Khabar Media PVT LTD and their suppliers and contractors in order to administer the competition. Participants’ personal data may also be passed to their mobile phone network or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
By entering the special campaigns / competition, each participant agrees and acknowledges that Gaon Khabar Media PVT LTD and Gaon Khabar Media PVT LTD Related Parties shall not be responsible or liable for:: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in the special campaigns / competition, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the Gaon Khabar Media PVT LTD ; (c) any damage, loss, injury or disappointment suffered by any participant entering the competition or as a result of accepting any prize and; (d) any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.
Gaon Khabar Media PVT LTD cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of Gaon Khabar Media PVT LTD . Gaon Khabar Media PVT LTD will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.
By participating in the special campaigns / competition, each participant will be legally bound hereby, to release from liability, and hold harmless Gaon Khabar Media PVT LTD , and any of its employees or agents representing or related to the company and its products/services. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of promotional prize, in connection with any activity or accommodations for this promotion or directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize or participation in the special campaigns / competition, even if caused or contributed to by our negligence. Once Gaon Khabar Media PVT LTD has fulfilled the prize distribution as per the special campaigns / competition rules and regulations, no further liability may be held against its employees or agents. You further agree to abide by all special campaigns / competition rules and regulations, as posted with the special campaigns / competition rules and made available on the company website. Further, you agree to bear all the personal taxation that might arise out of the winnings from this contest and shall not look to Gaon Khabar Media PVT LTD , and any of its employees or agents for payment of the same and/or any dispute arising from the same.
In the event that any participant does not, or is unable to, comply with and meet these terms and conditions and the Competition Notice, Democratic Charkha shall be entitled at its sole discretion to disqualify such participant, without any further liability to such participant. In these circumstances, any prize(s) won by the participant may be forfeited and Democratic Charkha reserves the right to reclaim any prize(s) already distributed to the participant. Any participant must comply with any directions given to him or her by Democratic Charkha including but not limited to any and all relevant laws, rules and applicable regulatory codes.
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of The Democratic Charkha, its parent, affiliates and associates (subject to the rights of our licensors and licensees etc. under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of The Democratic Charkha; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. You may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright.
The Democratic Charkha grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on The Democratic Charkha’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of The Democratic Charkha, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Sites.
However, you may print or download extracts from these pages for your personal / individual, non-commercial use only provided you keep intact all copyright and other proprietary notices. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
The Democratic Charkha forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for http://www.democraticcharkha.com) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags.
You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish The Democratic Charkha’s material for distribution should be addressed to edteam@theDemocratic Charkha.com
You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: any other person sharing your account and password; Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with The Democratic Charkha as users of the Site; or Access through a single account and Password being made available to multiple users on a network.
If The Democratic Charkha reasonably believes that an account and Password is being used / misused in any manner, The Democratic Charkha shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify The Democratic Charkha immediately of any unauthorised use of your account or any other breach of security. The Democratic Charkha will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to protect your password or account information. However, you could be held liable for losses incurred by The Democratic Charkha or another party due to someone else using your account or password.
You represent that you have valid rights and title in any and all Content / Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify The Democratic Charkha or its affiliates for all claims arising out of any content that you post on the Site.
The Democratic Charkha accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of The Democratic Charkha and you agree to grant / assign to The Democratic Charkha and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and / or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.
The Democratic Charkha endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. Members of the general public posts content on such services, and therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of The Democratic Charkha. The Democratic Charkha is not responsible for the accuracy and completeness of Blogger / Contributor content, neither does it endorse or the guarantee the same, nor accept any obligation or liability for the same. The Democratic Charkha and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor its site for inappropriate or unlawful content.
The Democratic Charkha and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Notwithstanding the foregoing, The Democratic Charkha reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You shall not post, display, upload, modify, publish, transmit, update or share any information on the Site, that:
a) Belongs to another person and to which you do not have any right to;
b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) Harm minors in any way;
d) Infringes any patent, trademark, copyright or other proprietary rights;
e) Violates any law for the time being in force;
f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) Impersonate another person;
h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
j) Results in Advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind.
k) Promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
l) Discloses any personally identifying information or private information about any third parties without their express consent.
In addition, you are prohibited from doing anything on the Site or in respect of the Services that:-
m) Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the Sites.
n) Uses or attempt to use another person’s account, password or services.
o) Disrupts, interferes with or otherwise violates the security of the Sites or any services, accounts, passwords, servers or networks related to the Site
p) Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber stalking or become a nuisance for other users.
q) Damages, disables, overburdens, or impairs The Democratic Charkha’s servers, or the network(s) connected to The Democratic Charkha’s servers, or interferes with any other party’s use and enjoyment of any Services.
r) Attempts to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means.
s) Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Services.
You agree to indemnify and hold harmless The Democratic Charkha and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagment, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder including in respect of content posted or information provided by you for Democratic Charkha’s use or information or material posted or transmitted through your password account even if not posted or transmitted by you We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.
The Sites include links and pointers to Internet sites, content and services provided by third parties. The Democratic Charkha’s linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, the Democratic Charkha does not operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on web sites linked to by the Democratic Charkha.The Democratic Charkha and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
USE OF THE SITES IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY SITES ARE PROVIDED ON “AS IS. BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US.
The Democratic Charkha may terminate or restrict your use of the Sites or any part of the Sites at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Sites affected by such termination or restriction.
Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via email / post / courier sent to the appropriate address:
404, Royal Heritage Apartment
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
You are fully responsible for all activities user actions taken in connection with your blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Democratic Charkha may change or remove any description or keyword that it considers inappropriate or unlawful, or prohibited or otherwise likely to cause Democratic Charkha liability. You must immediately notify the Democratic Charkha of any unauthorized uses of your blog or any other breaches of security. The Democratic Charkha will not be liable for any acts or omissions by you including any damages of any kind incurred as a result of such acts or omissions.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that The Democratic Charkha shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that The Democratic Charkha, in its sole discretion with or without notice (including on account of violation of this Agreement or legal considerations), believes to be in the interest of our company and of our users as a whole. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the Privacy Guidelines or Terms and Conditions of User Agreement or any applicable laws. The Democratic Charkha has the right (though not the obligation) to, in the Democratic Charkha sole discretion (i) refuse or remove any content that, in the Democratic Charkha reasonable opinion, violates any Democratic Charkha policy or is in any way harmful or objectionable or unlawful, or includes any of the Prohibited Activities mentioned in the Terms and Conditions of the User Agreement (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Democratic Charkha’s sole discretion. The Democratic Charkha has no obligation to provide a refund of any amounts previously paid, if any. Democratic Charkha shall have the right to moderate the comment threads on the Blog.
Your Works will be original and solely created by you, with us being deemed the owner of all rights now known or hereafter devised (including copyrights and extensions and renewals of copyrights) in and to the Work, with the right to commercially exploit and make all uses of the Work in perpetuity worldwide and make changes in each Work in any media or forum. Without further obligation to you and without limitation, we may use, reproduce, publish, sell, perform, distribute, archive, display, exhibit, edit, change, translate, reformat, add to, take from, reformat, make derivative works from, the Work in any manner and in any medium now known or as may evolve in the future. We may also authorize and control the exploitation of the same and to sue in respect of infringement of any such right, title and interest so assigned.
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by copyright notices or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
Further, with respect to any submissions to us made by you from time to time, you understand and agree that we may, or may permit users to, compile, re-edit, adapt or modify your submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other submissions, and you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. Further, you agree that you will not: (iii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (iv) publish falsehoods or misrepresentations that could damage us or any third party; (v) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; or (vi) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to The Democratic Charkha we may authorize such content to be distributed or syndicated to or published on other Democratic Charkha-branded environments.
If you delete Content, you must intimate Democratic Charkha and the Democratic Charkha will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
The Democratic Charkha, the logo and all other trademarks, service marks, graphics and logos used in connection with the Democratic Charkha or the Website are trademarks or registered trademarks of the Democratic Charkha or the Democratic Charkha’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any the Democratic Charkha or third-party trademarks.
The Democratic Charkha reserves the right to display advertisements on your blog.
You will keep in confidence & protect from disclosure any confidential and proprietary information concerning the Company that you may exposed to during your engagement with the Company. You will not use any such information for any purpose that is detrimental to Company.
Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Bloggers / Content Contributors, etc.
Opinions and other statements expressed by Contributors / Bloggers / users are theirs alone, not opinions of The Democratic Charkha.
You are solely responsible for your content by way of accuracy and completeness, and The Democratic Charkha does not necessarily endorse it.
You acknowledge that by providing you with the ability to view and distribute content through our site, The Democratic Charkha is not undertaking any obligation or liability relating to the content.
The Democratic Charkha and its affiliates, successors, assigns and their respective employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content.
The Democratic Charkha and its affiliates, successors, assigns and their respective, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation or claims that content violates applicable laws and/or are covered under Prohibited Activities specifically mentioned in the Terms and Conditions of the User Agreement.
The Democratic Charkha reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
Democratic Charkha accepts no liability regarding any unauthorised use of Blogs.
We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
You will indemnify the Company and its affiliates and their respective shareholders, employees and directors, contributors, employees, licensors from any action or claims or damages arising from your breach of the terms herein including breach of the representations and warranties, including but not limited to attorney’s fees and legal costs.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.
The Democratic Charkha and its affiliates, and their respective members, directors, officers, managers, employees, contributors shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies.
OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS and INTERRUPTIONS.
WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION on OUR SITE.
WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE.
WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE.
This Agreement constitutes the entire agreement between the Democratic Charkha and you concerning the subject matter hereof. This Agreement, any access to or use of the Website will be governed by the laws of India excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of New Delhi. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Democratic Charkha may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your agreement to provide your Blog to the Democratic Charkha shall not be interpreted or construed to create an association, agency, joint venture, partnership or employer-employee relationship between you and the Democratic Charkha or to impose any liability attributable to such a relationship upon either party.
Any notice given under this shall be in writing to such contact as the parties may notify from time to time and may be emailed to the party specified in this Agreement or such other address as may be notified under this Agreement by that party from time to time for this purpose.
If any part of this arrangement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.
We reserve the right to change these Terms and Conditions at any time, and you agree to be bound by any such changes.
By having your blog published on http://www.democraticcharkha.com, you have indicated your acceptance of the above terms and conditions.