– Intellectual property and restrictions on use of content on memsaab.com
– Communication facilities
– User license to memsaab.com
– Advertising, links to third party websites and e-commerce offers
– Disclaimer and limitation of liability
Intellectual property and restrictions on use of Content on the memsaab.com
All information, text, material, graphics, software and advertisements on the memsaab.com (“Content”) are Copyright ©2011 memsaab.com, its suppliers and/or licensors unless expressly indicated otherwise on memsaab.com. The Content is protected by Indian and International copyright and trademark laws. Content on memsaab.com is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the memsaab.com or expressly authorised in writing by memsaab.com or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the memsaab.com (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
User license to memsaab.com By placing any information or other material on the memsaab.com (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to memsaab.com a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of memsaab.com and any other party authorised by memsaab.com all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of memsaab.com, you will execute and deliver to memsaab.com such instruments and take such other actions as may be required to carry out this grant of licence and waiver. Disclaimer and limitation of liability a) All Content on memsaab.com is provided “as is” and without warranties of any kind, either express or implied, b) memsaab.com and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) memsaab.com does not warrant that the functions contained in any Content or any Communications Facility or your access to the memsaab.com will be uninterrupted or error-free, that any defects will be corrected or that the memsaab.com or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) memsaab.com does not warrant or make any representation regarding your access to, or the results of your access to, the memsaab.com (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not memsaab.com) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of memsaab.com) will memsaab.com or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the memsaab.com or any Content. You expressly acknowledge and agree that memsaab.com does not exert control over users of the memsaab.com (including individuals referred to on the memsaab.com as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, memsaab.com ‘s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of memsaab.com to the following:
In the case of services supplied or offered by memsaab.com, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and In the case of goods supplied or offered by memsaab.com, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. Communication facilities
The memsaab.com contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to memsaab.com, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of any Communication Facility and your access to the memsaab.com that you do not do any of the following:
restrict or inhibit any other user from using or enjoying any forum; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component;
post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
memsaab.com reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Advertising, links to third party websites and e-commerce offers The memsaab.com contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of memsaab.com and memsaab.com is not responsible for the contents of any linked website or any hyperlink contained in a linked website. memsaab.com provides these hyper links to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by memsaab.com or its affiliates. You link to any such website entirely at your own risk.
The memsaab.com also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyper links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyper links) is paid for by the relevant third party advertisers and are not recommendations or endorsements by memsaab.com or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by memsaab.com, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
This agreement will be governed by and construed in accordance with the laws of State of Orissa, India. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Orissa. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.