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User Subscriber Agreement and Terms of Use

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

ADDITIONAL “TERMS OF USE” FOR “FINALAYA WIDGET USAGE”:

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 USER LICENSE AGREEMENT (“WULA”). IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU CAN 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.

Description

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.

Restrictions

You may not do any of the following with the WIDGET:

  1. 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;
  2. obtain or attempt to obtain unauthorized access to FINALAYA network(s);
  3. incorporate WIDGET into any hardware or software device, including those that You are not authorized to use or otherwise modify;
  4. use, export, or re-export WIDGET in violation of applicable U.S. laws or regulations including United States Export Control laws;
  5. 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;
  6. use the WIDGET in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this WULA; or
  7. 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.

Viruses

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 kind.

Intellectual Property

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 FINALAYA.

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.

General Terms

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.