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| General |
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This
Agreement, sets forth the terms and conditions that
apply to use this site (http://www.keralanext.com ),
by a Subscriber. "Subscriber" means each
person who establishes or accesses a connection
("Account") for access to and use of the KERALANEXT
Site.
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| Restrictions
on use |
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This
KERALANEXT Site is owned and operated by Keralanext.com Pvt Ltd ("the Company") and contains
material which is derived in whole or in part from
material supplied by the Company, various news
agencies and other sources, and is protected by
international copyright and trademark laws. The
restrictions on use of the material and content on
this KERALANEXT Site by the Subscriber are specified
below. Except where specifically authorised,
the Subscriber may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in
any way any material from this site including code
and software.
By using the KERALANEXT Site (other than to read
this Agreement for the first time), Subscriber
agrees to comply with all of the terms and
conditions hereof. The right to use the KERALANEXT
Site is personal to Subscriber and is not
transferable to any other person or entity.
Subscriber is responsible for all use of
Subscriber's Account (under any screen name or
password) and for ensuring that all use of
Subscriber's Account complies fully with the
provisions of this Agreement. Subscriber shall be
responsible for protecting the confidentiality of
Subscriber's password(s), if any.
The Company shall have the right at any time to
change or discontinue any aspect or feature of KERALANEXT
Site, including, but not limited to, content, hours
of availability and equipment needed for access or
use.
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| Changed
Terms |
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The
Company shall have the right at any time to change
or modify the terms and conditions applicable to
Subscriber's use of the KERALANEXT Site, or any part
thereof, or to impose new conditions, including but
not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof,
which may be given by means including but not
limited to, posting on the KERALANEXT Site, or by
electronic or conventional mail, or by any other
means by which Subscriber obtains notice thereof.
Any use of the KERALANEXT Site by Subscriber after
such notice shall be deemed to constitute acceptance
by Subscriber of such changes, modifications or
additions.
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| Equipment |
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Subscriber
shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment
needed for access to and use of the KERALANEXT Site
and all charges related thereto.
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| Subscriber
Conduct |
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Subscriber
shall use the KERALANEXT Site for lawful purposes
only. Subscriber shall not post or transmit through
the KERALANEXT Site any material which violates or
infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal
offence, give right to civil liability or otherwise
violate any law, or which, without the Company's
express prior approval, contains advertising or any
solicitation with respect to products or services.
Any conduct by a Subscriber that in the Company's
discretion restricts or inhibits any other
Subscriber from using or enjoying KERALANEXT Site
will not be permitted. Subscriber shall not use KERALANEXT
Site to advertise or perform any commercial
solicitation, including, but not limited to, the
solicitation of users to become subscribers of other
on-line information services competitive with the KERALANEXT
Site.
KERALANEXT Site contains copyrighted material,
trademarks and other proprietary information,
including, but not limited to, text, software,
photos, video, graphics, music or sound, and the
entire contents of KERALANEXT Site are copyrighted
as a collective work under applicable copyright
laws. The Company and/or its affiliates own or have
acquired a copyright in the selection, coordination,
arrangement and enhancement of such content, as well
as in the content original to it. Subscriber may not
modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in
part.
Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or
commercial exploitation of downloaded material will
be permitted without the express permission of the
Company and the copyright owner. In the event of any
permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges that
it does not acquire any ownership rights by
downloading copyrighted material.
Subscriber shall not upload, post or otherwise make
available on the KERALANEXT Site any material
protected by copyright, trademark or other
proprietary right without the express permission of
the owner of the copyright, trademark or other
proprietary right and the burden of determining that
any material is not protected by copyright rests
with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting
material to any public area of KERALANEXT Site,
Subscriber automatically grants, or warrants that
the owner of such material has expressly granted the
Company the royalty fee, perpetual, irrevocable,
non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media
or technology now known or hereafter developed for
the full term of any copyright that may exist in
such material.
Subscriber also permits any other Subscriber to
access, view, store or reproduce the material for
that Subscriber's personal use. Subscriber hereby
grants the Company the right to edit, copy, publish
and distribute any material made available on KERALANEXT
Site by Subscriber.
The foregoing provisions are for the benefit of the
Company, its subsidiaries, affiliates and its third
party content providers and licensors and each shall
have the right to assert and enforce such provisions
directly or on its own behalf.
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| Disclaimer
of Warranty: Limitation of Liability |
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Subscriber
expressly agrees that use of KERALANEXT Site is at
Subscriber's sole risk. Neither the Company, its
affiliates nor any of their respective employees,
agents, third party content providers or licensors
warrant that KERALANEXT Site will be uninterrupted
or error free; nor do they make any warranty as to
the results that may be obtained from use of KERALANEXT
Site, or as to the accuracy, reliability or content
of any information, service, or merchandise provided
through KERALANEXT Site.
KERALANEXT Site is provided on an "As Is"
basis without warranties of any kind, either express
or implied, including, but not limited to,
warranties of title or implied warranties of
merchantability or fitness for a particular purpose,
other than those warranties which are implied by and
incapable of exclusion, restriction or modification
under the laws applicable to this agreement.
This disclaimer of liability applies to any damages
or injury, caused by any failure of performance,
error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus,
communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of
record, whether for breach of contract, tortious
behavior, negligence, or under any other cause of
action. Subscriber specifically acknowledges that
the Company is not liable for the defamatory,
offensive or illegal conduct of other subscribers or
third-parties in cases including but not limited to
any interactive communication on or through the site
and that the risk of injury from the foregoing rests
entirely with subscriber(s).
In no event will the Company, or any person or
entity involved in creating, producing or
distributing KERALANEXT Site or the KERALANEXT Site
software, be liable for any damages, including,
without limitation, direct, indirect, incidental,
special, consequential or punitive damages arising
out of the use of or inability to use KERALANEXT
Site. Subscriber hereby acknowledges that the
provisions of this section shall apply to all
content on KERALANEXT Site.
In addition to the terms set forth above neither,
the Company, not its affiliates, information
providers or content partners shall be liable
regardless of the cause or duration, for any errors,
inaccuracies, omissions, or other defects in, or
untimeliness or unauthenticated of, the information
contained within KERALANEXT Site, or for any delay
or interruption in the transmission thereof to the
user, or for any claims or losses arising there from
or occasioned thereby. None of the foregoing parties
shall be liable for any third-party claims or losses
of any nature, including, but not limited to, lost
profits, punitive or consequential damages. Prior to
the execution of a stock trade, subscribers are
advised to consult with your broker or other
financial representative to verify pricing or other
information.
The Company, its affiliates, information providers
or content partners shall have no liability for
investment decisions based on the information
provided. Neither, the Company, nor its affiliates,
information providers or content partners warrant or
guarantee the timeliness, sequence, accuracy or
completeness of this information.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
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| Monitoring |
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The
Company shall have the right, but not the
obligation, to monitor the content of KERALANEXT
Site, all interactive communication including but
not limited to chat rooms and forums, to determine
compliance with this Agreement and any operating
rules established by the Company and to satisfy any
law, regulation or authorized government request.
The Company shall have the right in its sole
discretion to edit, refuse to post or remove any
material submitted to or posted on KERALANEXT Site.
Without limiting the foregoing, the Company shall
have the right to remove any material that the
Company, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise
objectionable.
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| Indemnification |
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Subscriber
agrees to defend, indemnify and hold harmless the
Company, its affiliates and their respective
directors, officers, employees and agents from and
against all claims and expenses, including
attorney's fees, arising out of the use of KERALANEXT
Site by Subscriber or Subscriber's Account.
Termination
Either the Company or Subscriber may terminate this
Agreement at any time. Without limiting the
foregoing, the Company shall have the right to
immediately terminate Subscriber's Account in the
event of any conduct by Subscriber which the
Company, in its sole discretion, considers to be
unacceptable, or in the event of any breach by
Subscriber of this Agreement.
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| Trademarks |
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KERALANEXT,
KERALANEXT.COM, VIRTUAL KERALA, REDWATERS.COM,
ELECTIONNEXT.COM, QUIZMASTER, NETMANAGER and/or any
other trademarks and trade names being shown or used
on the site are the property of their respective
owners.
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| Third
Party Content |
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The
Company is a distributor (and not a publisher) of
content supplied by third parties and Subscribers.
Accordingly, the Company has no more editorial
control over such content than does a public
library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other
information or content expressed or made available
by third parties, including information providers,
Subscribers or any other user of KERALANEXT Site,
are those of the respective author(s) or
distributor(s) and not of the Company.
Neither the Company nor any third-party provider of
information guarantees the accuracy, completeness,
or usefulness of any content, nor its
merchantability or fitness for any particular
purpose.
In many instances, the content available through KERALANEXT
Site represents the opinions and judgments of the
respective information provider, Subscriber, or
other user not under contract with the Company. The
Company neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or
statement made on KERALANEXT Site by anyone other
than authorized the Company employee spokespersons
while acting in their official capacities.
Under no circumstances will the Company be liable
for any loss or damage caused by a Subscriber's
reliance on information obtained through the KERALANEXT
Site. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of
any information, opinion, advice or other content
available through KERALANEXT Site. Please seek the
advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion,
advice or other content.
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| Miscellaneous |
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This
Agreement and any operating rules for KERALANEXT
Site established by the Company constitute the
entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous
written or oral agreements between the parties with
respect to such subject matter. This Agreement shall
be construed in accordance with the laws of India
and courts in Delhi shall have the exclusive
jurisdiction to entertain and try any dispute
arising out of or in relation to this Contract. No
waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The
section headings used herein are for convenience
only and shall not be given any legal import.
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| Disclaimer |
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The
Company has provided or may provide links and
pointers to Internet sites maintained by third
parties. Neither the Company, its parent or
subsidiary companies nor their affiliates operate or
control in any respect any information, products or
services on these third-party sites.
The materials in this KERALANEXT Site and the
third-party sites are provided "as is" and
without warranties of any kind, either express or
implied. To the fullest extent permissible pursuant
to applicable law, the Company disclaims all
warranties, express or implied, including, but not
limited to, implied warranties of merchantability
and fitness for a particular purpose.
The Company does not warrant that the functions
contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that
this site, including Bulletin Boards, or the server
that makes it available, are free of viruses or
other harmful components.
The Company does not warrant or make any
representations regarding the use or the results of
the use of the materials in this site or in
third-party sites in terms of their correctness,
accuracy, timeliness, reliability or otherwise.
Subscriber (and not the Company) assume the entire
cost of all necessary maintenance, repair or
correction.
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| Bulletin
Boards / Message Boards |
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This
service may include bulletin boards and chat rooms
("bulletin boards") which allow feedback
to the Company and real-time interaction between
users. The Company does not control the messages,
information or files delivered to bulletin boards.
It is a condition of your use of the bulletin boards
and this KERALANEXT site that you do not: restrict
or inhibit any other user from using and enjoying
the bulletin boards. post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent
information of any king, including without
limitation any transmissions constituting or
encouraging conduct that would constitute a criminal
offence, give rise to civil liability or otherwise
violate any local, state, national or international
law. post or transmit any information, software or
other material which violates or infringes upon the
rights of others, including material which is an
invasion of privacy or publicity rights or which is
protected by copyright, trademark or other
proprietary right, or derivative works with respect
thereto, without first obtaining permission from the
owner or right holder. post or transmit any
information, software or other material which
contains a virus or other harmful component. post,
transmit or in any way exploit any information,
software or other material for commercial purposes,
or which contains advertising.
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| Privacy |
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The
Company Web-site ("Site") is maintained
by:
Keralanext.Com Pvt Ltd
T-BIC,Nila
Technopark
Thiruvananthapuram- 695581
Kerala,India
We can be reached by e-mail at info@keralanext.com
Any personal information identifying any visitor to
the KERALANEXT Site or Subscriber ("Personal
Information") if required, is asked for
explicitly in the relevant page on the KERALANEXT
Site. Personal Information is used to operate the KERALANEXT
Site, and we may occasionally inform you of new
features, services, and products from the Company.
We may place a text file called a "cookie"
in the browser files of your computer. The cookie
itself does not contain Personal Information
although it will enable the Site to relate your use
of the Site to information that you have
specifically and knowingly provided to the KERALANEXT
Site.
If at any time you believe this KERALANEXT Site has
not adhered to these principles, please notify us by
e-mail to info@KERALANEXT.com and we will use
all commercially reasonable efforts to promptly
determine and correct the problem.
If you have questions about this policy, please
e-mail us at info@keralanext.com
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