PLEASE READ THE
FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE.
The operator of
this website (“we” or “us”) offers access to the website (the “Site”)
conditioned on your acceptance without modification of the terms, conditions
and notices contained herein (collectively, “Terms”) and the Privacy Policy
displayed on the Site. In addition, particular features, applications and
activities offered as part of the Site may also be subject to additional terms
specified in connection with such features, applications and activities, all of
which are incorporated herein by reference.
BY ACCESSING OR
USING THE SITE, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY. IF YOU DO NOT
AGREE TO THESE TERMS AND THE PRIVACY POLICY, DO NOT USE THE
SITE.
Please review the
Applicable Laws and Disputes section of these Terms for complete details.
MODIFICATION OF THESE TERMS
From time to time,
we may change these Terms. When we do, the “Last Updated” line above will be
revised. You are responsible for regularly reviewing these Terms. Your
continued use of the Site following the posting of changes to the Terms
indicates your acceptance of those changes. Unless we provide you with specific
notice, no changes to the Terms will apply retroactively.
ELIGIBILITY
The Site is not
intended for use by people who are younger than age 13. Do not use the Site if
you are under 13.
PERSONAL USE OF SITE
The Site is for
your personal, non-commercial use only. You shall not sell or commercially
exploit in any manner the Site, access to the Site or any of the content that
is featured or displayed on the Site (“Content”). You shall not modify,
distribute, transmit, display, perform, reproduce, publish, create derivative
works from or transfer any of the Content without our express written
permission. You acknowledge that any unauthorized use of any Content could
cause irreparable harm to us and agree that in the event of any such
unauthorized use, we will be entitled to an injunction in addition to any other
remedies available at law or in equity.
We may suspend or
terminate your account or your use of the Site at any time, for any reason or
for no reason, including in the event that you violate these Terms, we are
unable to verify or authenticate any information you provide to us or we
believe that your actions may cause losses to, or legal liability for, you,
other users of the Site or us.
You shall not use
any robot, spider, scraper or other automated means to access the Site or any
website provided as part of the Site for any purpose without our express
written permission. You shall not (a) take any action that imposes, or may
impose, in our sole discretion an unreasonable or disproportionately large load
on our infrastructure, (b) interfere or attempt to interfere with the proper
working of any of the Site or (c) bypass any measures we may use to prevent or
restrict access to the Site.
USER SUBMISSIONS
Any comment,
material, information or other communication that you post, upload or submit to
the Site or that is displayed on the Site at your direction (each a
“Communication”) will be considered non-confidential and non-proprietary, and
we will be under no obligation to maintain the confidentiality of any
Communication.
You are responsible
for your Communications. You shall ensure that your Communications do not
infringe any copyright or trademark, do not defame or constitute trade libel
with respect to any person, entity, product or service, or violate any other
rights of any other of another person or entity. You shall be solely liable for
any claims, damages or other liabilities resulting from your use of the Site or
your uploading, posting, or submission of any Communication or the content of
any of your Communications.
Any opinions,
advice, statements or other information contained in Communications are those
of the author and not of us. We do not endorse or guarantee the accuracy,
completeness or usefulness of any Communication. Please do your best to ensure
that your own Communications are accurate.
By posting,
uploading or otherwise submitting any Communication, you grant to us a
non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide,
fully sublicensable right to use, reproduce, modify, adapt, publish, sell,
translate, create derivative works from, archive, aggregate, distribute,
transmit, perform and display such Communication and your name, likeness,
voice, statements and endorsements as incorporated therein, in whole or in
part, in any manner and in any media, format or technology, whether now or
later known or developed, including all promotion, advertising, marketing,
merchandising, publicity and any other ancillary uses thereof, and including
the unlimited right to sublicense such rights, in perpetuity throughout the universe,
without any further notice or payment to or permission from you.
We may, but are not
obligated to, monitor or review Communications. We are not in any manner
responsible for the content of Communications. By providing you with the
ability to view and distribute user-generated and/or user-submitted content on
the Site, we are not undertaking any obligation or liability relating to any
such content, including without limitation any liability arising under the laws
relating to copyrights, trademarks, defamation, privacy or obscenity or any
other applicable law. However, we reserve the right to block or remove any
Communication, including without limitation any Communication that in our sole
discretion we determine violates the Code of Conduct.
LIABILITY DISCLAIMER FOR EDITORIAL
CONTENT
The Site contains
reviews, opinions and information regarding products and services manufactured
or provided by third parties. We are not responsible in any way for such
products and services, and nothing contained on the Site should be construed as
a guarantee of the functionality, utility, safety or reliability of any product
or services reviewed or discussed on the Site. Please follow the directions
provided by the manufacturer or service provider when using any product or
service reviewed or discussed on the Site.
Although we use
reasonable efforts to ensure that the Content we prepare is accurate and
informative, we cannot guarantee the accuracy or completeness of the Content.
Under no circumstances will we be liable in any way for any Content, including,
but not limited to, any errors or omissions in such Content, any loss or damage
of any kind incurred as a result of your reliance on such Content or the use of
any product or service reviewed or discussed in such Content.
The Site may from
time to time include Content concerning medical/legal/financial/ health-related
products or services. However, we do not provide medical/legal/financial
advice. The reader should consult his or her medical/legal/financial
professional before adopting any suggestion contained in, drawing any inference
from or taking any other action in reliance on any Content that addresses such
issues.
The Content Provided
on this site/blog is for educational purposes only. We are not responsible for
any adverse consequences arising out of your use of our advice and opinions.
DISCLAIMER
We make no
warranties or representations about the accuracy or completeness of any Content
or any Communication.
ALL OF THE CONTENT,
COMMUNICATIONS, INFORMATION AND FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA
THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE
PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR
COMMUNICATIONS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED UNDER THE LAWS OF
THE JURISDICTION IN WHICH YOU RESIDE.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION
UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN
CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SITE, PRODUCTS, FUNCTIONALITY AND MATERIALS AVAILABLE FROM THIS SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
INDEMNIFICATION
You agree to
indemnify, defend, and hold us harmless from and against all losses, expenses,
damages and costs, including reasonable attorneys’ fees, resulting from any
violation by you of these Terms and/or your use of the Site.
APPLICABLE LAW AND DISPUTES
These Terms will be
governed by and interpreted in all respects in accordance with the substantive
laws of the India, without regard to its choice of law provisions. You hereby
irrevocably consent to such venue and to the exclusive jurisdiction of any such
court over any such dispute. Any and all disputes directly or indirectly
arising out of or relating to the Terms or the Site will be resolved
individually, without resort to any form of class action. Any and all claims, judgments
and awards will be limited to actual out-of-pocket costs incurred, and in no
event shall you be entitled to recovery of attorneys’ fees. Under no
circumstances will any claimant be permitted to obtain any award for, and you
hereby waive all rights to claim, punitive, special, incidental or
consequential damages and any and all rights to have damages multiplied or
otherwise increased and any other damages, other than for actual out-of-pocket
expenses.
Any cause of action
or claim you may have directly or indirectly arising out of or relating to the
Terms or the Site must be commenced within one (1) year after the claim or
cause of action arises.
Our failure to
insist upon or enforce strict performance of any provision of these Terms shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
Terms. We may assign our rights and duties hereunder to any party at any time.
We make no
representation that the contents of the Site are appropriate or available for
use in locations outside of India. Access to the Site from territories where
their content is illegal is prohibited. Those who choose to access the Site
from locations outside of the India do so on their own initiative and risk and
are responsible for compliance with applicable local laws. You may not use or
export any Content in violation of Indian export laws and regulations.
INTELLECTUAL PROPERTY
The Site is our
property. The Site may include content owned by others that is licensed to us.
ALL RIGHTS RESERVED.
NOTICES AND PROCEDURES FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
ALL INQUIRIES NOT
RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE.
We respect the intellectual
property of others, and we ask our users and visitors to do the same. We will
process and investigate Notices and will take appropriate actions under the
Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual
property laws. Upon receipt of a Notice complying with the DMCA, we will act to
remove or disable access to any material found to be infringing or found to be
the subject of infringing activity and will act to remove or disable access to
any reference or link to material or activity that is found to be infringing.
If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide us the following information. Please be advised that to be
effective, the Notice must include ALL of the following:
1. a physical or
electronic signature of the person authorized to act on behalf of the owner of
an exclusive copyright that is allegedly infringed;
2. a description of
the copyrighted work that you claim has been infringed;
3. a description of where
the material that you claim is infringing is located on the Site;
4. your address,
telephone number, and email address and all other information reasonably
sufficient to permit us to contact you;
5. a statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
6. a statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By email: malbrographics@gmail.com
IMPORTANT NOTE: THE PRECEDING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR
SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH
THIS PROCESS.
CODE OF CONDUCT
You shall not, and
shall not authorize or facilitate any attempt by another person or entity to:
1. Post, transmit, or
cause to be exhibited or displayed on or using the Site any Communication that
is harmful, threatening, abusive, harassing, vulgar, offensive, obscene,
pornographic, lewd, lascivious or otherwise objectionable, in whole or in part,
or that interferes with anyone’s use or enjoyment of the Site, as determined by
us in our sole discretion;
2. Post, transmit, or
cause to be exhibited or displayed on or using the Site any Communication that
infringes another person or entity’s copyright, trademark, right of publicity
or other personal or proprietary right or violates any applicable law;
3. Impersonate another
person or entity;
4. Solicit personally
identifiable information from any person;
5. Engage in disruptive
activity such as posting Communications that are unrelated to a forum’s
designated topic or theme; or
6. Invade the privacy
of any person, including posting personally identifying or otherwise private or
sensitive information about a person without their consent or harvesting
personally identifiable information about users of the Site.
THIRD-PARTY SITES
The Site may
contain links to other sites on the Internet, all of which have their own
privacy and data collection practices. Links to sites are provided only for
your convenience and you access such sites at your own risk. Links do not imply
that we sponsor, endorse, are affiliated with or associated with, or have been
legally authorized to use any trademark, trade name, service mark, design, logo,
symbol or other copyrighted material displayed on or accessible through such
sites.
