Terms of Service1. Your Acceptance A. By using and/or visiting this website (collectively, including all content
and functionality available through the MyChathra.com domain name, the "MyChathra
Website", or "Website"), you signify your agreement to (1) these terms and
conditions (the "Terms of Service") and (2)MyChathra's privacy notice,
found at privacy-policy and
incorporated here by reference. If you do not agree to any of these terms,
the MyChathra privacy notice, please do not use the MyChathra Website. 2. MyChathra Website A. These Terms of Service apply to all users of the MyChathra Website,
including users who are also contributors of content, information, and other
materials or services on the Website. The MyChathra Website includes all
aspects of MyChathra, including but not limited to all products, software
and services offered via the website. 3. MyChathra Accounts A. In order to access some features of the Website, you will have to create
a MyChathra account. You may never use another's account without permission.
When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and
you must keep your account password secure. You must notify MyChathra immediately
of any breach of security or unauthorized use of your account. 4. General Use of the Website- Permissions and Restrictions A. You agree not to distribute in any medium any part of the Website, including
but not limited to User Submissions (defined below), without MyChathra's
prior written authorization.
and any use of the Website or its related services that MyChathra finds,
in its sole discretion, to use MyChathra's resources or User Submissions
with the effect of competing with or displacing the market for MyChathra,
MyChathra content, or its User Submissions.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MyChathra servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MyChathra grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MyChathra reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. In your use of the website, you will otherwise comply with the terms and
conditions of these Terms of Service, and all applicable local, national,
and international laws and regulations. 5. Your Use of Content on the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the MyChathra Website. A. The content on the MyChathra Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MyChathra, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MyChathra reserves all rights not expressly granted in and to the Website and the Content. B. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the MyChathra Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by MyChathra on the MyChathra Website for that User Submission. C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the MyChathra Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MyChathra Website or otherwise as prohibited under this Agreement. D. You may access MyChathra Content, User Submissions and other content only as permitted under this Agreement. MyChathra reserves all rights not expressly granted in and to the MyChathra Content and the MyChathra Website. E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the MyChathra Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MyChathra Website or the Content therein. G. You understand that when using the MyChathra Website, you will be exposed to User Submissions from a variety of sources, and that MyChathra is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MyChathra with respect thereto, and agree to indemnify and hold MyChathra, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 6. Your User Submissions and Conduct A. As a MyChathra account holder you may submit, business information
(User Business Information), Photo & Video content ("User Photos & Videos")
and textual content ("User Comments") , collectively referred to as "User Submissions." You
understand that whether or not such User Submissions are published, MyChathra
does not guarantee any confidentiality with respect to any User Submissions. 7. Account Termination Policy A. MyChathra will terminate a User's access to its Website if, under
appropriate circumstances, they are determined to be a repeat infringer. 8. Digital Millennium Copyright Act A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
9. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE MyChathra WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MyChathra, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MyChathra MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MyChathra WEBSITE. MyChathra DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MyChathra WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MyChathra WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 10. Limitation of Liability IN NO EVENT SHALL MyChathra, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MyChathra
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION. 11. Indemnity You agree to defend, indemnify and hold harmless MyChathra, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MyChathra Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MyChathra Website. 12. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the MyChathra Website is not intended for children under 13. If you are under 13 years of age, then please do not use the MyChathra Website. 13. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyChathra without restriction. 14. Governing Law and Jurisdiction The Terms of Use and any action related hereto shall be governed by the laws of India without reference to the conflict of laws provisions thereof. MyChathra and You hereby agree on behalf of yourselves and any person claiming by or through You that the sole and exclusive jurisdiction and venue for any litigation arising from or relating to the Terms of Use or the subject matter hereof shall be adjudicated at an appropriate court located in Bangalore in the State of Karnataka, India. |
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