BANGALA GURU Web Site Agreement
The BANGALAGURU Web Site
(the "Site") is an online information service provided by BANGALA
GURU ("BANGALAGURU "), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BANGALAGURU MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO
REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of
the Site are protected by international copyright and trademark laws. The owner
of the copyrights and trademarks are BANGALAGURU, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
BANGALAGURU a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to BANGALAGURU by
all means and in any media now known or hereafter developed. You also grant to
BANGALAGURU the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall
have no recourse against BANGALAGURU for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
BANGALAGURU.
TRADEMARKS.
Publications, products,
content or services referenced herein or on the Site are the exclusive
trademarks or service marks of BANGALAGURU. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2.
Use of the Site.
You understand that,
except for information, products or services clearly identified as being
supplied by BANGALAGURU, BANGALAGURU does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
BANGALAGURU- identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with BANGALAGURU a. You also
understand that BANGALAGURU cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
BANGALAGURU PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
BANGALAGURU SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. BANGALAGURU DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. BANGALAGURU HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL BANGALAGURU BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BANGALAGURU OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BANGALAGURU LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BANGALAGURU
makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a
non-BANGALAGURU web site, please understand that it is independent from
BANGALAGURU, and that BANGALAGURU has no control over the content on that web
site. In addition, a link to a BANGALAGURU web site does not mean that
BANGALAGURU endorses or accepts any responsibility for the content, or the use,
of such web site.
3.
Indemnification.
You agree to indemnify,
defend and hold harmless BANGALAGURU, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the
Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing
the Service.
4.
Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of BANGALAGURU and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be
terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all
be governed and construed in accordance with the laws of INDAI applicable to
agreements made and to be performed in INDAI. You agree that any legal action
or proceeding between BANGALAGURU and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting in INDAI . Any cause
of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. BANGALAGURU's failure to insist upon or enforce
strict performance of any provision of this Agreement 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 provision of this Agreement.
BANGALAGURU may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Any
rights not expressly granted herein are reserved.
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