- Introduction. This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Kumar Pustak Mall Private Limited ("Pustak") web site located at [http://www.pustak.co.in] ("Web Site") and the information and services made available on and through the Web Site. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding agreement between you ("the customer") and Pustak.
- Acceptance of Terms and Conditions of Use. Your use
of the Web Site indicates your acceptance of these Terms and
Conditions. If you do not accept these Terms and Conditions, you may
not use the Web Site. From time to time these Terms and Conditions
may be revised by updating this document and posting it on the Web
Site. It is your obligation to review these Terms and Conditions from
time to time. Your continued use of the Web Site will constitute your
agreement to the most current version of these Terms and Conditions.
If at any time you do not agree to these Terms and Conditions, you
must cease your use of this Web Site.
- Termination of Access. The use of this Web Site and
its services is a privilege. Pustak reserves the right to
suspend your use of this Web Site for any reason at any time, in its
sole discretion. Questions concerning the use of the Web Site and its
services should be directed to customercare@pustak.co.in.
- Definitions. For the purposes of this Agreement, the
following definitions apply:
- "Content" includes all Text, Graphics, Design and
Programming used on the Web Site.
- "Text" includes all text on every page of the Web Site,
whether editorial, navigational, or instructional.
- ."Graphics" includes all logos, buttons, and other
graphical elements on the Web Site, with the exception of paid
advertising banners.
- "Design" includes the color combinations and the page
layout of the Web Site.
- "Programming" includes both client-side code (including but
not limited to HTML, JavaScript, etc.) and server-side code
(including but not limited to Active Server Pages, VBScript,
databases, etc.) used on the Web Site.
- "User" refers to any individual who uses any aspect of the
Web Site or its services.
- "You" refers to the person accessing the Web Site and
agreeing to these Terms and Conditions.
- Intellectual Property Rights. All Content on the Web
Site is the sole property of Pustak or their respective
owners, as indicated, and is protected by Indian Copyright Law and
Indian Trademarks Law. Pustak authorizes you to view and
download a single copy of the Content on the Web Site solely for your
personal, noncommercial use. You may not reproduce, modify, display,
sell, or distribute the Content, or use it in any other way for
public or commercial purpose. The foregoing limitations include, but
are not limited to, copying or adapting the HTML code used to
generate Web pages on the Web Site, as well as any Graphics.
The "look" and "feel" of the Web Site (including color
combinations, button shapes, layout, design and all other graphical
elements) are also protected by Indian Copyright Law and Indian
Trademarks Law. All product names, names of services, trademarks and
service marks ("Marks") are the property of Pustak or the
property of their respective owners, as indicated. You may not use
the Marks for any purpose whatsoever other than as permitted by these
Terms and Conditions.
- Acceptable Use of the Web Site. The Web Site and its
services are intended to facilitate the offering for sale of books
and products of third parties. The Web Site may be used in a manner
consistent with this purpose, and only within the context of the
products, services and information set forth on the Web Site. The
information displayed on the Web Site may not be used for any purpose
except in connection with your direct use of the Web Site as
permitted by these Terms and Conditions, and may not be excerpted,
summarized, duplicated or otherwise removed from the Web Site. In
addition, you represent, warrant and agree that you will not use (or
plan, encourage or help others to use) the Web Site for any purpose
or in any manner that is prohibited by these Terms and Conditions or
by applicable law. Your use of the Web Site is also subject to the
following restrictions:
- You may not send unsolicited commercial email to Users. In
addition, spam, chain emails, advertising solicitations and similar
email solicitations are expressly prohibited.
- You may not delete, edit or revise any material posted by
any other person or entity. You may not copy, duplicate, download or
otherwise use any material posted by any other person or entity
except for the purposes permitted by these Terms and Conditions.
- You may not interfere with the proper operation of the Web
Site including, but not limited to, by attacking, hacking into, or
otherwise attempting to penetrate any non-publicly accessible
elements of the Web Site, through the use of bots, Trojan Horses,
viruses, DNS attacks, or other technology which is designed or
intended to interfere with the proper operation of the Web Site or
the use of the website by any Users.
- Limitations on Information Submitted. Any submission
of information to Pustak through the Web Site is subject to
the following guidelines and restrictions:
- It may not contain URLs or links to any Internet Web sites
(To advertise your company or Web site, contact our Sales
department).
- It may not contain copyrighted material (unless you own the
copyright or have the owner's permission to post the copyrighted
material).
- It may not contain trade secrets (unless you own them or
have the owner's permission to post them).
- It may not contain material that infringes on the
intellectual property rights of others, including but not limited
to, copyright, trademark, patent, or trade secret rights.
- It may not contain material that is sexually explicit,
obscene, libelous, defamatory, threatening, harassing, abusive, or
hateful.
- It may not contain information that is known by you to be
untrue, false or misleading or which does not fairly or accurately
depict or describe the subject matter, which is the subject of the
information posted by you.
- It may not present information which impersonates another
person, whether living or dead, misstate the identity of any person,
or misstate or mislead as to gender or age.
- You may not solicit money, investments or make any offering
of securities or investments.
- You may not submit chain letters or pyramid schemes.
- You may not submit opinions or notices, commercial or
otherwise.
- Monitoring of Information. Pustak does not
assume any obligation to review the accuracy, completeness,
truthfulness or content of any information submitted to the Web Site.
User assumes the risk of verifying the accuracy of information posted
through independent investigation. Notwithstanding, Pustak may
in its discretion review information submitted to the Web Site for
any purpose whatsoever and it reserves the right, in its sole
discretion, to reject any information submitted to the Web Site for
any reason whatsoever.
- Rights to Information. User hereby grants to Pustak
an irrevocable, perpetual, worldwide right and license to use
and display all information submitted by you, subject to the Privacy
Guidelines set forth herein.
- Security Rules. To ensure the security of the Web
Site and of Users, the following security rules govern your use:
- Protect your password. You are responsible for maintaining
the confidentiality of your information and password, and you are
responsible for all uses of your registration, whether or not
authorized by you. In the event you lose your password or become
aware of misuse or unauthorized use of your password, it is your
obligation to notify Pustak. Pustak shall have no
responsibility for loss or misused passwords or for unauthorized
access occasioned by the foregoing.
- Prohibited Uses:
- Accessing data not intended for you or logging into a
server or account which, you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization.
- Attempting to interfere with service to any User, host or
network, including, without limitation, via means of submitting a
virus to the Web Site, overloading, "flooding", "mailbombing" or
"crashing".
- Sending unsolicited e-mail, including promotions and/or
advertising of products or services.
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Violation of these Security Rules may result in civil or
criminal liability in addition to the termination of your access
rights. Pustak will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
- Termination of Access to Web Site. Users who violate
these Terms and Conditions may be denied access to the Web Site at
the sole discretion of Pustak.
- Disclaimer of Warranties and Limitations of
Liability. Your agreement to the following disclaimers and
limitations are a material inducement to Pustak to permit you
to access the Web Site. Your use of the Web Site, and the obligations
and liabilities of Pustak in respect of your use of the Web
Site, is expressly limited as follows:
- Conduct of Users. Pustak assumes no responsibility
for the activities or conduct of Users.
- Third Party Information. The Web Site displays the content,
services, products or hyperlinks of other companies or persons.
Notwithstanding the presentation of any third party information on
the Web Site, no such presentation shall be considered an
endorsement, representation or warranty, either express or implied,
by Pustak on behalf of or any third party. In addition,
Pustak does not endorse, warrant or otherwise guarantee the
substance of any information posted by Users or third parties on the
Web Site Pustak shall have no liability or responsibility
whatsoever for the content, subject matter or substance of any
information accessed or obtained from third party Web sites accessed
from the Web Site. Access to third party Web sites from the Web Site
is done at your own risk. Pustak does not warranty any
products purchased through the Web Site or purchased in reliance on
information obtained from the Web Site. Warranties on purchased
products, if any, are provided by the product's manufacturer.
- Accuracy of Information. Pustak makes no
representations or warranties regarding the truthfulness, accuracy,
completeness, timeliness or reliability of any information submitted
by Users, or of any other form of communication engaged in or
information exchanged by Users. Information on the Website may
contain inaccuracies or typographical errors. You acknowledge that
any reliance on information submitted by Users or on any other form
of communication with Users will be at your own risk.
- DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED "AS IS"
AND WITHOUT ANY WARRANTY WHATSOEVER. PUSTAK DISCLAIMS ANY AND
ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR
PURPOSE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL PUSTAK BE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES,
(INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUSTAK IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PUSTAK HAS MADE
THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. PUSTAK
EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF
UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH
OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER
THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER
AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR
USER'S CONDUCT AND THAT PUSTAK RESERVES THE RIGHT TO
TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY,
NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY
OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER
STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS
REGARD FROM TIME TO TIME.
- Indemnification. You agree to indemnify, defend and hold
harmless Pustak from and against any and all liability,
claims, causes of actions, damages, costs and expenses, including
but not limited to, attorneys fees and costs of suit, arising out of
your breach of these Terms and Conditions.
- General. These Terms and conditions are governed by
the laws of Bangalore, India, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under these Terms and
Conditions shall lie exclusively with the state courts in Bangalore,
India. If any provision of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full
force and effect. The failure of Pustak to enforce any term or
condition of these Terms and Conditions shall not be deemed a waiver
thereof and shall not prevent its later enforcement.
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