Finalaya (the "Service") 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 ("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
customerservice@finalaya.com,
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 or otherwise).
- Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
- Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent
or unlawful topic, name, material or information.
- Upload, 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.
- Advertise or offer
to sell or buy any goods or services for any business purpose, unless such Communication
Services specifically allows such messages.
- Download 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.
- Falsify 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.
- Restrict or inhibit
any other user from using and enjoying the Communication Services.
- Violate any code
of conduct or other guidelines which may be applicable for any particular Communication
Service.
- Harvest or otherwise
collect information about others, including e-mail addresses.
- Violate 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
thereof.
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.
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