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Sunday, May 31, 2020

Terms and conditions

Dated November 25, 2019

This page contains the terms and conditions that shall govern your use of The Indian Express digital products not limited to vsmcomm.com, epaper.vsmcomm.com and mobile applications, offered by IE Online Media Services Pvt Ltd and its Affiliates (“IEO”, “us” or “we”):

Table of Contents:
1. User Agreement
2. Modifications & Changes
3. Registration
4. Subscription Charges
5. Intellectual Property
6. Termination of User Agreement
7. Restricted permission for printouts & copying
8. Prohibited Use
9. Third Party Content
10. Representations & Warranties
11. Disclaimer
12. Indemnity,
13. Force Majeure
14. Sharing of Content of Sites
15. Governing law & Jurisdiction

1. USER AGREEMENT
You (“You” or “User”) can access to read digital products not limited to vsmcomm.com, epaper.vsmcomm.com, and mobile applications (“Sites” or “Sites”) subject to the terms and conditions of use, as updated or modified from time to time, updated or modified entirely at the discretion of IEO as set out below. This Agreement is for term of your subscription period and you understand and agree that you shall be bound by such terms till such time you access the Sites. That if you access any of our other digital products not limited to RSS fees, APIs and Software, you agree to abide by all the Terms & Conditions contained herein. Being exposed to advertising, promotions or marketing communications is a condition of accessing the Sites.

2. MODIFICATIONS AND CHANGES
We reserve the right to add, remove, edit, update, change or modify these Terms & Conditions and the User Agreement including but not limited to suspend, cancel, or discontinue any or all Sites or services or portions or sections thereof at any time without notice, edit, remove, update, make modifications and alterations in any or all of the content, products and services of portions thereof without prior notice (“modifications and changes”). The modifications and changes shall be effective immediately upon posting on this page. It shall be your sole responsibility to review these Terms and Conditions prior to each use of the Sites. You shall be deemed to have accepted all such modifications and change if you continue to access the Sites thereafter.

3. REGISTRATION
When you register, you are registering as a personal single user of the Sites. Access to registration areas is via your email address and password. We allow you access to the registration areas of the Sites subject to:

(i) Your email address and password are personal to you and may not be used by anyone else to access the Sites. You have completed 18 (eighteen) years of age. If not, your registration shall be subject to your Guardian’s approval for usage by you.

(ii) You will not do anything which may assist or enable anyone who is not a registered user to gain access to the Sites or part thereof or the Sites for which you are registered or epaper.vsmcomm.com and in case it is discovered that you have enabled or allowed anyone else to access via your login credentials the Sites to access epaper.vsmcomm.com, then you acknowledge and agree that we reserve the right in our sole discretion to revoke, suspend or terminate your access to the Sites or epaper.indianexrpess.com and block access to all users from that IP address and we shall have a right to collect damages from you. Further we shall have no liability towards you not limited to refund of your subscription amount which shall stand forfeited.

(iii) You do not create additional registration accounts for the purpose of abusing the functionality of the Sites, or other users; nor do you seek to pass yourself off as another user.

(iv) You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Sites.

(v) You shall comply with these terms and conditions. If, we have reason to believe that you have not complied with these requirements, we may, at our sole discretion, cancel your access to the registration areas of epaper.vsmcomm.com and without giving you any advance notice.

(vi) You authorise and expressly agree and grant your consent to us and our Affliates to collect and store your personal data including as submitted by you during registration process or otherwise. In the event we desire to share such personal data collected with any 3rd party or parties, we shall approach you for your consent separately you for such disclosure with 3rd parties.

4. SUBSCRIPTION CHARGES
Any subscription paid is non-refundable except as provided in clause 6.1. We reserve the right to change subscription and / or membership fees and terms any time without prior notice to you.

5. INTELLECTUAL PROPERTY
Unless otherwise stated, all Intellectual Property not limited to trade marks, service marks, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), appearing on the Sites are our property or that of our Affiliate duly licensed to us, and such Intellectual Property is protected under applicable law. You agree that you shall have no right title or interest in the Intellectual Property and that you shall not now or in the future claim any right title or interest therein. Any infringement and/or passing off shall be vigorously prosecuted to the maximum extent permitted by law.

6. TERMINATION OF USER AGREEMENT
6.1 In case we require to bring the agreement to an end, we will inform you by email at the address you have registered stating that the agreement has terminated. The agreement will terminate with immediate effect and your email address and password will become invalid on the Sites or epaper.vsmcomm.com immediately. Only if we terminate this agreement with you because we have discontinued or transferred the Sites, or due to changes in commercial or environmental conditions impacting costs, or provision of services are impacted by force majeure conditions which are temporary or permanent, will we refund your subscription amount pro rata.
6.2 We may at our sole discretion, terminate or suspend your access to all or part of the Sites for any reason, including without limitation, breach or suspected breach of these Terms & Conditions.

7. RESTRICTED PERMISSION FOR PRINTOUT OR COPYING FOR PERSONAL USE ONLY
7.1 You are permitted to take printouts or download extracts for personal and non commercial use only on your personal device and personal printer from these Sites. Any copies from the Sites or parts thereof to disk or to any other storage medium may only be used for subsequent personal reading or viewing purpose or to print extracts for personal and non commercial use. You may not (whether directly or through the use of any software program) create a database in electronic and/or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Sites. You may not archive or cache the Sites or parts thereof. No part of the Sites may be reproduced, transmitted, edited, and/ or stored by in any other website, blog, curator or medium, nor may any of its pages or parts thereof be disseminated in any electronic and/or non-electronic form, nor included in any public or private electronic retrieval system or services without prior written permission.
7.2 Copying, curating or storing of content from the Sites for non personal or third party use is prohibited. At all times, any printouts, downloaded, or copywritten content from the Sites for non personal or non commercial use shall always contain copyright and other notices contained therein.

8. PROHIBITED USE:
You may not access, use, take printouts, download, store or attempt to do so, the Sites or any part thereof to take action which could harm us or the copyright owner, licensor thereof, our Affiliates or any third Party. You may not use such in violation of applicable laws or in violation of our or any Party’s intellectual property or legal rights therein. You will not attempt or permit a third party to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Sites or any Part thereof. Should you do so, it may result in civil, criminal and/or administrative penalties against you and such User or those assisting.

9. THIRD PARTY CONTENT
9.1 You may see and read advertorials, advertising, promotional or sponsored content, or links to third party websites, submitted by third parties on the Sites (“Third Party Promotional Content”). Individual advertisers and parties releasing are solely responsible for such Third Party Promotional content which may appear on the Sites or accessible at or through the Sites, including to ensure that it complies with relevant legislation, rules and regulations and that it is not illegal, immoral or contrary to public policy.
We accept no responsibility for the content of advertising or third Party Promotional Content or third Party websites, including, without limitation, any errors, omissions or inaccuracies therein.
9.2 You may see and read press releases, agency reports or content created by the copyright owner, licensor, contributor or Third Parties (“Third Party content”) which have been licensed to us. Such party shall be solely responsible for such Third Party content may be appear on the Sites or accessible or through the Sites including compliance with law.
9.3 We do not control, endorse, sponsor, recommend or otherwise accept any responsibility for such Third Party Promotional Content. The User must make all necessary inquiries before entering into any transaction or remitting monies, data, personal information, etc or contracting with or accepting or acting on third party promotional content in any manner.

10. REPRESENTATIONS & WARRANTIES:
You represent, warrant, covenant and agree in reference to our Sites as follows:
i. You shall not use, upload, post, email, transmit or otherwise make available any content or comment that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, and/or racially, ethnically or otherwise objectionable.
ii. You shall not impersonate any person or entity, including, us, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
iii. You shall not harm, influence or make inappropriate contact or seek to harm, influence or make inappropriate contact with minors or vulnerable persons in any way.
iv. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.
v. You shall not use, upload, post, email, transmit or otherwise make available any content or comment that infringes and/or passes off or harms or seeks to harm any patent, trademark, service mark, trade secret, brand, copyright or other proprietary rights or personal rights (“Rights”) of any party.
vi. You shall not upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, privileged and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
vii. You shall not use, upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, false or fraudulent advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
viii. You shall not use, upload, post, email, transmit or otherwise make available any content which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
ix. You will not use, upload, post, email, transmit or otherwise make available any content threatens the unity, integrity, defence, security and/or sovereignty of India or its boarders, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; or shows incorrect borders or territory of India.
x. You shall not use, upload post, email, transmit or otherwise make available any content which is in violation to relevant laws and/or subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliant with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Sites and we reserve the right to remove any non-compliant Content uploaded by you.
xi. You shall not use, upload, post, email, transmit or otherwise make available any content to cache or archive content from the Sites or any Part thereof.
xii. You shall not use, upload, post, email, transmit or otherwise make available any content or device or software designed to or having the effect of circumventing any restriction, condition or technological control to the access of the Sites including overriding or by passing or compromising any security features, controls or limits.

11. DISCLAIMER
11.1 All the contents of the Sites are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision or action. Any specific advice or replies to queries in any part of the Sites is/are the personal opinion of such experts/consultants/persons and are not subscribed to by the Sites. The information from or through this site is provided on “AS IS” and “as available” basis, and we do not warrant that the Sites will operate error-free or that the Sites and its servers are free of computer viruses or other harmful mechanisms. If your use of the Sites or content therein results directly or indirectly in need for servicing or replacing equipment, software or data, we are not responsible for any such costs. Site and content are provided on an “as is” basis without any warranties of any kind and to the maximum extent permitted in law all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. YOU SHOULD NOT RELY ON THE CONTENT OF THE SITES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE ANY MEDICAL, FINANCIAL, TAX, LEGAL, EDUCATIONAL OR OTHER PROFESSIONAL ADVICE. IF YOU HAVE ANY QUESTIONS OR INQUIRIES ABOUT YOUR HEALTH YOU MUST SEEK THE ADVICE OF YOUR DOCTOR. PRIOR TO ANY SALE OR PURCHASE OF ANY PRODUCT, REAL ESTATE, SECURITIES OR INVESTMENT. YOU SHOULD CONSULT YOUR FINANCIAL ADVISOR. THE USE OF THE SITES IS SOLELY AT YOUR RISK.

11.2 We shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, loss of savings, loss of revenue, loss or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Sites, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. We, our affiliates, directors, shareholders, employees, representatives, advertisers and content providers, shall not be liable to you or anyone else as a result of your access of the Sites for indirect, special, incidental, punitive or exemplary damages. In any event our liability if any shall not exceed a sum equivalent to the subscription amount paid for the period subscribed.

11.3 Certain links on the Sites lead to resources located on servers maintained by third parties over whom we has no control or connection, business or otherwise as these sites are external to us and you agree and understand that by visiting such sites you are beyond our Sites. We therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

12. INDEMNITY
User agrees to indemnify and hold us viz IE Online Media Services Pvt. Ltd, its subsidiaries, affiliates, their directors, shareholders, officers, employees and representatives, harmless from any claim, demand, loss, cost, liability, expenses or damage, including reasonable attorney’s fees and cost of litigation, asserted by any third party due to and/or arising out and/or connected with your use of or conduct on the Sites in breach of these terms and conditions. This clause along with your representations, warranties and undertakings shall survive the expiry or termination of the User Agreement.
We reserve the right to disclose any personal information about you and your use of the Sites including its contents, without your express prior permission, if we have good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process;
(b) protect and defend our rights or property s;
(c) enforce these Terms & Conditions;
(d) to protect the rights and interests of minors and members of the public, third parties or others.

13. FORCE MAJEUERE
Although we will endeavour to provide constant, uninterrupted access to the sites, we do not guarantee it. We accept no responsibility or liability for any interruption, delay or disconnection due to force majeure or acts of God.

14. SHARING OF CONTENT OF THE SITES
The contents of the Sites are proprietary in nature and should not be shared with anyone. This condition shall not apply to our sharing individual articles on social media websites for the purpose of initiating discussions and expressing opinions.

15. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the Indian Law. The courts at New Delhi shall have exclusive jurisdiction over any disputes arising out or relating to this agreement.