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Terms
and Conditions of Use
Welcome to www.idgindia.com ("Service"),
an online service of IDG Media Private Limited (IDG India),
a subsidiary of International Data Group (IDG). (Note: The
terms IDG and IDG India may be used interchangeably in this
document). Your use of the Service will be subject to the terms
of this Terms of Service Agreement (TOS). The TOS may change
from time to time. Use of service after a change will subject
you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO
NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL
LIABILITY.
Participation and Conduct
During
the term of this Agreement, IDG grants to you a terminable
at will non-exclusive license to use and display the Service,
and to download materials available through the Service, all
solely for your personal, non-commercial use. You may not transfer,
assign, sub-license, lend, or re-sell the rights granted under
this license. You may not link to our site if you sell ads
on your site or you charge a subscription fee to use or access
your site. No deep linking directly to articles is permitted
if you sell ads on your site or you charge a subscription fee
to use or access your site. Any use in violation of these limits
shall constitute a violation of the terms of this license.
Absolutely no framing of our site is permitted.You may participate
in any forums or messaging threads offered through the Service,
but you agree not to post any material the content of which
(i) is defamatory, libelous, obscene, indecent, abusive, threatening
to others, or in violation of any law; or (ii) infringes the
copyright, trademark right, or other intellectual property
right of any third party. You will be solely responsible for
all content that you post on the Service.You agree to indemnify
IDG and its officers and employees from and against all liabilities,
judgments, damages, and costs (including attorney's fees) incurred
by any of them which arise out of or are related to the content
that you post. Forums and messaging are intended only for the
personal use of subscribers, and may not be used for commercial
purposes or for organized political activity. IDG reserves
the right to monitor content posted on the Service, and to modify
or remove any messages or postings that it deems, in its sole
discretion, to be abusive, defamatory, in violation of the copyright,
trademark right, or other intellectual property right of any
third party, or otherwise inappropriate for the Service. IDG
also reserves the right to edit or modify any submissions in
response to requests for feedback, Letters to the Editor, or
other commentary. Notwithstanding the foregoing, IDG is not obligated
to take any such actions, and will not be responsible or liable
for content posted by any subscriber in any forum, message board,
or other area within the Service.
Copyright and Trademarks
The
Service is the personal property of IDG India and IDG. IDG retains
the right to bar any individual or entity from the Service. Accessing
the Service after being barred shall constitute an act of trespass.
The Service and all materials published therein, including but
not limited to articles, graphical images, interactive applications,
audio clips, and video clips (collectively, the "Content"),
are protected by copyright and are owned by IDG, IDG companies or
its licensors. You may not modify the Content or re-publish, re-transmit,
or otherwise distribute directly or via links any Content to any
third person except for your personal, non-commercial use, as permitted
by the license granted above. It is understood that some of the content
appearing on the site is news andas such releases
are not obtained from individuals or entities for the use of the
name, likeness, or trademarks. It is your sole obligation to a) determine
if your uses require releases or permission, and b) to obtain the
necessary releases. IDG, and all its publications, and
their respective logos are trademarks of International Data Group,
Inc., or the respective publications. All other trademarks
on the Service are the property of their respective holders.
Permissions
All requests for licensing, reprints, linking
and other usage of material on this site should be addressed
to IDG India or directly to the respective sites and publications
linked to this site. We will review your request, and provide
you with an approval or rejection as soon as we have evaluated
the request.
Exclusions of Warranty and Liability
THE
SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED
THROUGH THE SERVICE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED
WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.IDG DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS
OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD
EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. IDG
IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS
IN ANY SUCH PROGRAMS, AND IDG DOES NOT WARRANT THAT THE OPERATION
OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. IDG
DOES NOT WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR
FREE.IDG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS
OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR
OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT;
OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY
TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH
THE SERVICE, EVEN IF IDG HAS BEEN ADVISED OF THE LIKELIHOOD OF
SUCH DAMAGES. IN NO EVENT SHALL IDG'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100.SOME
STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices
IDG may give notice to you through general
posting on the Service, through postal notification, or through
E-mail notification, in its sole discretion. You may give notice
to IDG via E-mail at feedback@idgindia.com,
by postal mail to IDG Media Private Limited, 702, Barton Centre,
84, Mahatma Gandhi Road, Bangalore 560 001, India, or via facsimile
to +91 80 5132 5810.IDG reserves the right, in its sole discretion,
to restrict or block the access of any subscriber to the Service,
or any section thereof.
General
Any failure by IDG to enforce any provision
of this Agreement shall not be construed as a continuing waiver
of any rights under such provision. In the event that any portion
of this Agreement is held unenforceable, the remaining provisions
of the Agreement shall remain in full force and effect.
Indemnity
In
the event you breach the terms of this license, or if, any claims
are made against IDG (its employees, officers or directors resulting
from your actions) you shall be liable to IDG for all damages,
costs, judgments, expenses (including reasonable attorney fees)
that it incurs.This Agreement shall be governed by and construed
in accordance with the laws of the India, or in the case of linked
sites to the countries or States, as applied to contracts entered
into and performed within those countries or states. You agree
to grant jurisdiction over yourself to the courts in Bangalore,
India or the respective states and designate it as the forum
for resolution of all disputes arising under this Agreement.This
Agreement states the entire agreement between the parties with
respect to the Service, and all prior or contemporaneous agreements
are merged herein and superseded hereby.Last Updated: January
05, 2005
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