1. OWNERSHIP / RESTRICTIONS ON USE
Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, source code, trademarks, service marks, trade names and other information including, without limitation, the layout and appearance of the Site (collectively, the “Content”) contained in this Site are proprietary to Company, its affiliates and/or third-party licensors. You may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform or create derivative works from, transfer or sell any Content without the express prior written consent of Company.
2. COMPLIANCE WITH THE LAW
a) Company’s Services may be utilized only for lawful purposes. You acknowledge to have the legal rights and lawful authorization to the materials you are transmitting, hosting and/or submitting to us for such purposes as agreed.
b) You are responsible for understanding the regulatory requirements applicable to your business or organization and for selecting and using Services that are appropriate for your business or organization in order for you to comply with the applicable requirements.
a) You acknowledge that Company makes no warranties of any kind, express or implied, for Company’s Services, including warranty of merchantability or fitness of Services for a particular purpose or use. As a result, you agree that Company shall not be liable to you or any third parties for any claims or damages which may be suffered by you or your customers or third parties, including, but not limited to, losses or damages of any and every nature, resulting from any error(s), delays, system outages, missing functionalities and/or features and/or software, the loss of data and/or your customer’s data and/or loss of information and/or confidential information, amount of traffic or visits to your site, changes in browser and/or server software which may cause the Website to be outdated, inability to access the Internet, and/or inability to transmit or receive information. b) You agree to indemnify and hold the Company harmless from any and all claims of whatever nature brought by you against the Company related to any products and/or services provided to you by the Company. c) Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4. INTELLECTUAL PROPERTY
Except for the rights of use and other rights expressly granted herein, no other rights are granted to you nor shall any obligation be implied requiring the grant of further rights. Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Company and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Company; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
You will not disclose Company’s provided information including but not limited to: Company’s provided quote, functional specifications, processes, development technology and approaches, with any person or third party without prior written consent of the Company.
6. LIMITATION OF LIABILITY
You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Site.
You agree that in the event a dispute arises concerning Company’s Services, that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the Arbitration Act, 1996 and Rules thereof. You agree that all arbitration proceedings will be conducted in Pune, India. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in Pune, India.