Finalaya (the "Service") User Subscription Agreement
The terms of this Agreement and all operating rules published over the Service constitute
the entire agreement (collectively the "Agreement") between Finalaya and
you ("User Subscriber") with respect to the Service. You agree to be bound
by the terms of the Agreement.
- Finalaya may change the terms of the
Agreement including, without limitation, the fees for the Service or for any information
products on the Service at any time upon notice published over the Service. You
may review the Agreement applicable to your then current use by clicking the "Terms
of Use" hyperlink located at the bottom of the page. You should click "Terms
of Use" each time you access the Service to review a copy of the then current
Agreement. By using the Service after any change to the Agreement is posted on the
Service you will be deemed to be bound by all of such changes.
- Finalaya may discontinue or revise
any and all aspects of the Service or any of the information products on the Service
at its sole discretion and without prior notice.
- In no event shall Finalaya be liable
for any damages caused by the inability of the Subscriber to access the Service
as a result of network or server downtime, transmission problems or otherwise. Finalaya
does not guarantee the uptime of the Services.
- COPYRIGHT. All information
available through the Service is protected by copyright or other intellectual property
laws. You may display and print information obtained through the Service solely
for your own personal, non-commercial use. You may not reproduce, retransmit, distribute,
store in a retrieval device, disseminate, sell, publish, broadcast or circulate
the information obtained through the Service to anyone, without the express written
consent of Finalaya. You agree not to use any information obtained through the Service
for any unlawful or unauthorized purpose.
- THIRD PARTY PROVIDERS. All
third party information available through the Service is protected by copyright
or other intellectual property laws. You may display, print and transmit information
obtained through the Service only for your own personal, non-commercial use. You
may not reproduce, retransmit, distribute, store in a retrievable device, disseminate,
sell, publish, broadcast or circulate the information obtained through the Service
without the express written consent of Finalaya.
- Third party providers of news/data
on the Service are not responsible for any delay in your receipt of the licensed
information resulting from the inherent limitations of the internet transmission
via the World Wide Web. Due to the number of sources from which the licensed information
is obtained, and the inherent hazards of electronic distribution, there may be delays,
omissions or inaccuracies in the licensed information. The licensed information
is provided "as is", without any warranties. Third party news/data providers
and their affiliates, agents and licensors cannot and do not warrant the accuracy,
completeness, currentness, timeliness, noninfringement, title, merchantability or
fitness for a particular purpose of the licensed information, and they hereby disclaim
any such express or implied warranties. Neither the third-party providers nor any
of their affiliates, agents or licensors shall be liable to you or anyone else for
any loss or injury, other than death or personal injury resulting directly from
use of the licensed information, caused in whole or part by its negligence of contingencies
beyond its control in procuring, compiling, interpreting, reporting or delivering
the licensed information. In no event will third-party providers, their affiliates,
agents or licensors be liable to you or anyone else for any decision made or action
taken by you in reliance on such licensed information. The third-party providers
and their affiliates, agents and licensors shall not be liable to you or anyone
else for any damages (including, without limitation, consequential, special, incidental,
indirect or similar damages), other than direct damages, even if advised of the
possibility of such damages. Because some states or jurisdictions do not allow the
exclusion or limitation of liability for damages or the exclusion of certain types
of warranties, parts or all of the above limitation my not apply to you.
- The following provision applies to
all visitors (which shall include persons and representatives of legal entities,
whether such representatives are persons or digital engines of a kind that crawls,
indexes, scrapes, copies, stores or transmits digital content). By accessing this
Web site or digital service, you specifically acknowledge and agree that: (i) Finalaya
text, photo, graphic, audio and/or video material shall not be published, broadcast,
rewritten for broadcast or publication or redistributed directly or indirectly in
any medium; (ii) No Finalaya materials nor any portion thereof may be stored in
a computer except for personal and non-commercial use; (iii) The Finalaya will not
be held liable for any delays, inaccuracies, errors or omissions there from or in
the transmission or delivery of all or any part thereof or for any damages arising
from any of the foregoing; (iv) Finalaya is an intended third party beneficiary
of these terms and conditions and it may exercise all rights and remedies available
to it; and (v) Finalaya reserves the right to audit possible unauthorized commercial
use of AP materials or any portion thereof at any time.
- NETWORK SECURITY. Violations
of this agreement include, but are not limited to, any attempt to avoid user authentication
or security of any host, network or account. This includes accessing content that
is not intended for visitors and logging into an account you are not expressly permitted
to access. Attempting to force a denial of service by e-mail bombing, packet spoofing
or ping flooding, among other measures, is strictly prohibited. You are forbidden
to perform any kind of network monitoring, including probing the security of networks
or attempting to intercept data not intended for you.
- Because of the possibility of human
or mechanical error by Finalaya or its licensors, neither Finalaya nor any of its
licensors guarantee the accuracy, adequacy, completeness, currentness or noninfringement
of the service or any information on the service and are not responsible for any
errors or omissions, for the results obtained from the use of the service or such
information, or for delays or interruptions in the service. There are no express
or implied warranties including, without limitation, warranties of merchantability
or fitness for a particular purpose or use with respect to the service or any information
available through the service. In no event will Finalaya or any of its licensors
be liable for damages, direct, indirect, special or consequential (including lost
profits) in connection with the use of the service, even if notified of the possibility
of such damages. The sole remedy of subscribers to the service in the event of a
breach of this agreement by Finalaya shall be to terminate this agreement. The provisions
of this section will survive any termination of this agreement.
- This Agreement is personal to you
and you may not assign any of your rights or obligations under this Agreement to
anyone. The Agreement constitutes the entire agreement between you and Finalaya
with respect to the Service and may be amended by notice by Finalaya given on the
Service as herein provided. This Agreement shall be governed in all respects in
accordance with the laws of Indore, Madhya Pradesh India. The courts sitting in
the District of Indore, Madhya Pradesh India shall have exclusive jurisdiction of
any dispute arising under this Agreement.
Notice Regarding Agreement
Notice may be given by Finalaya through the Service including, without limitation,
via e-mail or posting for access under "Agreement" on the home page or
by mail to the last address given by the Subscriber to Finalaya.
Notice by a Subscriber shall be given to Finalaya Customer Service by e-mail to
by fax to +91.120.4324403 or by mail to Finalaya, 24-B, Palasia, A.B Road Indore,
Madhya Pradesh - 452001, INDIA.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any Finalaya server, or the network(s) connected to any Finalaya server,
or interfere with any other party's use and enjoyment of any Services. You may not
attempt to gain unauthorized access to any Services, other accounts, computer systems
or networks connected to any Finalaya server or to any of the Services, through
hacking, password mining or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, news groups,
forums, communities, personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively "Communication
Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and, when applicable, related
to the particular Communication Service. By way of example, and not as a limitation,
you agree that when using the Communication Services, you will not:
- Use the
Communication Services in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited messages (commercial
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
or otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all necessary consent
to do the same.
- Use any
material or information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
- Upload files
that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files,
or any other similar software or programs that may damage the operation of another's
computer or property of another.
or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
any file posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed, performed, and/or distributed
in such manner.
or delete any copyright management information, such as author attributions, legal
or other proper notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
or inhibit any other user from using and enjoying the Communication Services.
any code of conduct or other guidelines which may be applicable for any particular
or otherwise collect information about others, including e-mail addresses.
any applicable laws or regulations.
- Create a
false identity for the purpose of misleading others.
- Use, download
or otherwise copy, or provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage information or any portion
Finalaya has no obligation to monitor the Communication Services. However, Finalaya
reserves the right to review materials posted to the Communication Services and
to remove any materials in its sole discretion. Finalaya reserves the right to terminate
your access to any or all of the Communication Services at any time, without notice,
for any reason whatsoever.
Finalaya reserves the right at all times to disclose any information as Finalaya
deems necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Finalaya’s sole discretion.
Always use caution when giving out any personally identifiable information about
yourself. Finalaya does not control or endorse the content, messages or information
found in any Communication Services and, therefore, Finalaya specifically disclaims
any liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services.
Materials uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE WIDGET ASSOCIATED
WITH THE FINALAYA (“WIDGET”). BY CHECKING THE BOX YOU AGREE TO ABIDE BY THIS WIDGET
NOT USE THIS WIDGET. This WULA is between FINALAYA and the WIDGET user (hereafter
identified as “You” or some derivative of “You” such as “Your.” FINALAYA hereby
grants You limited, non-exclusive, non-transferable, non-sublicensable revocable
right and license to download, access, and use the WIDGET.
The WIDGET is an online application that calculates basic information and “feeds”
into a corresponding full tool offered by FINALAYA. The WIDGET provides access to
content owned or licensed by FINALAYA.
Use of the WIDGET
You may only place the WIDGET within Your web site. The WIDGET shall never be used
for any commercial purpose, including without limitation, promotion of products
or a company or and for-profit services, or for any political purpose, including
without limitation, to suggest affiliation with political candidates or political
party affinity, or to disparage or tarnish the FINALAYA trademarks or reputation.
FINALAYA prohibits the placement of the WIDGET on websites that involve pornography,
racism, violence, gambling or illegal activities.
You may only use the WIDGET as provided in its downloadable form. The WIDGET can
only be used within Your website. The WIDGET may not dominate Your web page. You
may not use the WIDGET to express or imply affiliation and/or endorsement by FINALAYA
in any way. The WIDGET may not be embedded by You or third parties within other
widgets, gadgets, websites or software modules.
Any other use including without limitation, the incorporation of advertising into,
or the placement of advertising associated with or targeted toward, the WIDGET content,
is strictly prohibited. You may use the WIDGET only in the form provided by FINALAYA
and You may not edit or modify the text, content, context, color or links supplied
by FINALAYA or its designee.
Link to Content Pages
The WIDGET may be used only with those platforms from which a functional link is
made available that, when accessed, takes the viewer directly to the FINALAYA-authorized
display of content. You may not display the WIDGET in any manner that does not permit
successful linking to the applicable FINALAYA content. You may not insert any intermediate
page, splash page or other content between the WIDGET link and the applicable FINALAYA
content. The code provided for embedding the WIDGET provides such links and must
be used in its entirety and the link code may not be “stripped” out upon embedding.
You may not do any of the following with the WIDGET:
- decompile, reverse engineer, disassemble,
modify, embed, rent, lease, loan, distribute, or create derivative works or improvements
from the WIDGET or any portion thereof, or attempt to discover any source code,
protocols, or other trade secrets in the WIDGET;
- obtain or attempt to obtain unauthorized
access to FINALAYA network(s);
- incorporate WIDGET into any hardware
or software device, including those that You are not authorized to use or otherwise
- use, export, or re-export WIDGET in
violation of applicable U.S. laws or regulations including United States Export
- sell, lease, loan, distribute, transfer,
or sublicense the WIDGET or access thereto or derive income from the use or provision
thereof, whether for direct or indirect commercial or monetary gain;
- use the WIDGET in any unlawful manner,
for any unlawful purpose, or in any manner inconsistent with this WULA; or
- use the WIDGET for any enterprise,
commercial, personal, or other purposes for which the WIDGET was not designed.
Equipment and Support Updates
You shall be responsible for obtaining and maintaining all computer software and
hardware and other equipment needed for access to and use of the WIDGET, and all
fees and charges related thereto. FINALAYA will not offer any technical or maintenance
support for the WIDGET. FINALAYA may offer upgrades or updates to its WIDGET at
its sole discretion. FINALAYA may change, suspend, or discontinue any aspect of
the WIDGET at any time without notice or liability. FINALAYA may impose limits on
certain features and services or restrict Your access to the WIDGET, related content
without notice or liability.
FINALAYA assumes no responsibility, and shall not be liable, for any damages to,
or viruses that may infect Your computer software, equipment or other property as
a result of Your access to or use of the WIDGET, or Your downloading of any materials,
data, text, images, video, or audio from this WIDGET.
Changed Terms and Conditions of the WULA
FINALAYA reserves the right to revoke this license at anytime without cause or liability.
FINALAYA also reserves the right to change the terms and conditions of the WULA
from time to time without additional notice. When FINALAYA posts any new version
of the terms and conditions of the WULA, the previous version shall automatically
be revoked and the new version of the WULA posted shall immediately be in full force
and effect. Any use of the WIDGET by You after the new WULA terms and conditions
have been posted shall constitute acceptance of such changes, modifications, additions
or deletions. You are required to adhere to the terms and conditions of the latest
version of the WULA at all times.
Violations of the WULA
You acknowledge that a violation of this WULA will cause FINALAYA irreparable harm
by damaging the goodwill, reputation, or rights in the FINALAYA trademarks. FINALAYA
will be entitled to injunctive or other relief to remedy any violation. Any violation
of any provision of the WULA, including without limitation due to a change in Your
website content, shall automatically revoke Your license to use the WIDGET.
Disclaimer, Hold Harmless and Indemnity
USE OF THE WIDGET AND ANY DATA, CONTENT OR SERVICE ACCESSED THROUGH OR VIA THE WIDGET
IS OFFERED “AS IS” AND AT YOUR SOLE RISK, AND 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. You agree that
FINALAYA is not responsible for any WIDGET failure or any result to You or any third
party for any failure or Your use generally, and FINALAYA assumes no liability for
any of Your activities in connection with the WIDGET or for Your use of the WIDGET.
To the maximum extent permitted by applicable law, You agree to hold harmless and
indemnify FINALAYA and its subsidiaries, affiliates, officers, directors, agents,
licensors, licensees, and employees from and against any third party claim arising
from or in any way related to Your download, access or use of any WIDGET, including
any liability or expense arising from all claims, losses, damages (actual and/or
consequential), suits, judgments, litigation costs and attorneys' fees, of every
FINALAYA retains all ownership of all intellectual property associated with the
WIDGET and FINALAYA websites. FINALAYA content providers retain all rights to the
content it licenses to FINALAYA for use in connection with the WIDGET. All rights
not expressly provided under this WULA shall be retained by FINALAYA solely. You
agree to allow Your website use of the WIDGET subject to regular quality control
review by FINALAYA or its designee. You authorize FINALAYA or its designee to collect
identifying data about Your website that will allow FINALAYA or its designee to
review Your website to ensure Your compliance with the terms of this agreement.
In the event FINALAYA determines in its sole discretion that Your use of the WIDGET
on Your website is in violation of this WULA, upon written notice from FINALAYA
You must either immediately rehabilitate Your website as instructed by FINALAYA
in order to comply with this WULA or cease all uses of WIDGET immediately if so
instructed by FINALAYA. Inaction regarding any violation of this WULA shall not
be deemed approval of those violations, or a waiver of any enforcement right of
Termination and Rights to Discontinue WIDGETs
This WULA continues until terminated by either party. You may terminate this WULA
by discontinuing use of the WIDGET. This WULA terminates automatically and immediately
if You violate any term hereof. FINALAYA reserves the right to discontinue providing
the WIDGET at any time and to require You to cease displaying, or otherwise using
any or all of the WIDGET for any reason upon written notice.
This Agreement shall be governed by and construed in accordance with the substantive
laws, but not the laws of conflicts, of the District of Indore, Madhya Pradesh, India. This is the entire
Agreement between FINALAYA and You.
To confirm your understanding and acceptance of this Agreement, please check the
agreement box as directed.