General
This Agreement sets forth the terms and conditions that apply to use of this site
(http://www.ndtvprofit.com/
and www.ndtvprofit.com
and profit.ndtv.com)
and all sub sites that reside under the site by a Subscriber. "Subscriber" means
each person who establishes or accesses a connection ("Account") for access to and
use of the site.
Restrictions on use
The NDTV Sites are owned and operated by NDTV Convergence ("the Company"), an NDTV
group company, and contains material which is derived in whole or in part from material
supplied by the Company,its group companies, various news agencies and other sources
(including content partners), and is protected by international copyright and trademark
laws. The restrictions on use of the material and content on the NDTV Sites by the
Subscriber are specified below. Except where specifically authorised, the Subscriber
may not modify, copy, reproduce, republish, upload, post, transmit or distribute
in any way any material from the NDTV Sites including code and software.
By using the NDTV Sites (other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and conditions hereof. The right
to use the NDTV Sites is personal to Subscriber and is not transferable to any other
person or entity. Subscriber is responsible for all use of Subscriber's Account
(under any screen name or password) and for ensuring that all use of Subscriber's
Account complies fully with the provisions of this Agreement. Subscriber shall be
responsible for protecting the confidentiality of Subscriber's password(s), if any.
The Company shall have the right at any time to change or discontinue any aspect
or feature of NDTV Sites, including, but not limited to, content, hours of availability
and equipment needed for access or use.
Changed Terms
The Company shall have the right at any time to change or modify the terms and conditions
applicable to the Subscriber's use of the NDTV Sites, or any part thereof, or to
impose new conditions, including but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including but not limited to, posting
on the NDTV Site, or by electronic or conventional mail, or by any other means by
which Subscriber obtains notice thereof. Any use of the NDTV Site by Subscriber
after such notice shall be deemed to constitute acceptance by Subscriber of such
changes, modifications or additions.
Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the NDTV Sites and
all charges related thereto.
Subscriber Conduct
Subscriber shall use the NDTV Sites for lawful purposes only. Subscriber shall not
post or transmit through the NDTV Sites any material which violates or infringes
in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offence, give right to
civil liability or otherwise violate any law, or which, without the Company's express
prior approval, contains advertising or any solicitation with respect to products
or services. Any conduct by a Subscriber that in the Company's discretion restricts
or inhibits any other Subscriber from using or enjoying NDTV Sites will not be permitted.
Subscriber shall not use NDTV Sites to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become subscribers of
other on-line information services competitive with the NDTV Sites. NDTV Sites contains
copyrighted material, trademarks and other proprietary information, including, but
not limited to, text, software, photos, video, graphics, music or sound, and the
entire contents of NDTV Sites are copyrighted as a collective or severable work
under applicable copyright laws. The Company and/or its affiliates own or have acquired
a copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. Subscriber may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. Subscriber may download copyrighted
material for Subscriber's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the express
permission of the Company and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be made.
Subscriber acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
Subscriber shall not host, display, upload, modify, publish, transmit, update or
share any information that belongs to another person and to which the subscriber
does not have any right to; Subscriber shall not impersonate another person . The
Subscriber shall not upload, transmit or display any information or data that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; The Subscriber shall
not upload or transmit any information that threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or public
order or causes incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation
Subscriber shall not upload, post or otherwise make available on the NDTV Sites
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of NDTV Sites,
Subscriber automatically grants, or warrants that the owner of such material has
expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Subscriber also permits
any other Subscriber to access, view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants the Company the right to edit, copy, publish
and distribute any material made available on NDTV Sites by Subscriber.
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates
and its third party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty: Limitation of Liability
Subscriber expressly agrees that use of NDTV Sites are at Subscriber's sole risk.
Neither the Company, its affiliates nor any of their respective employees, agents,
third party content providers or licensors warrant that NDTV Sites will be uninterrupted
or error free; nor do they make any warranty as to the results that may be obtained
from use of NDTV Sites, or as to the accuracy, reliability or content of any information,
service, or merchandise provided through NDTV Sites.
NDTV Sites is provided on an "As Is" basis 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, other than those
warranties which are implied by and incapable of exclusion, restriction or modification
under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury, caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record, whether for breach of
contract, tortious behavior, negligence, or under any other cause of action. Subscriber
specifically acknowledges that the Company is not liable for the defamatory, offensive
or illegal conduct of other subscribers or third-parties in cases including but
not limited to any interactive communication on or through the sites and that the
risk of injury from the foregoing rests entirely with subscriber(s).
In no event will the Company, or any person or entity involved in creating, producing
or distributing NDTV Sites or the NDTV Sites software, be liable for any damages,
including, without limitation, direct, indirect, incidental, special, consequential
or punitive damages arising out of the use of or inability to use NDTV Sites. Subscriber
hereby acknowledges that the provisions of this section shall apply to all content
on NDTV Sites.
In addition to the terms set forth above neither, the Company, not its affiliates,
information providers or content partners shall be liable regardless of the cause
or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness
or unauthenticity of, the information contained within NDTV Sites, or for any delay
or interruption in the transmission thereof to the user, or for any claims or losses
arising therefrom or occasioned thereby. None of the foregoing parties shall be
liable for any third-party claims or losses of any nature, including, but not limited
to, lost profits, punitive or consequential damages. Prior to the execution of a
stock trade, subscribers are advised to consult with your broker or other financial
representative to verify pricing or other information. The Company, its affiliates,
information providers or content partners shall have no liability for investment
decisions based on the information provided. Neither, the Company, nor its affiliates,
information providers or content partners warrant or guarantee the timeliness, sequence,
accuracy or completeness of this information.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE INFORMATION
Monitoring
The Company shall have the right, but not the obligation, to monitor the content
of NDTV Sites, all interactive communication including but not limited to chat rooms
and forums, to determine compliance with this Agreement and any operating rules
established by the Company and to satisfy any law, regulation or authorized government
request. The Company shall have the right in its sole discretion to edit, refuse
to post or remove any material submitted to or posted on NDTV Sites. Without limiting
the foregoing, the Company shall have the right to remove any material that the
Company, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
The company may be required to provide information
or provide such assistance to Government Agencies who are lawfully authorised for
investigative, protective, cyber security activity. The information or any such
assistance shall be provided for the purpose of verification of identity, or for
prevention, detection, investigation, prosecution, cyber security incidents and
punishment of offences under any law for the time being in force,.
Indemnification
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorney's fees, arising out of the use of NDTV
Sites by Subscriber or Subscriber's Account.
Termination
Either the Company or Subscriber may terminate this Agreement at any time. Without
limiting the foregoing, the Company shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which the Company,
in its sole discretion, considers to be unacceptable, or in the event of any breach
by Subscriber of this Agreement.
Trademarks
NDTV, NDTV.COM, NDTV PROFIT.COM and/or any other trademarks and trade names being
shown or used on the NDTV Sites are the property of their respective owners
Third Party Content
The Company is a distributor (and not a publisher) of content supplied by third
parties and Subscribers. Accordingly, the Company has no more editorial control
over such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Subscribers
or any other user of NDTV Sites, are those of the respective author(s) or distributor(s)
and not of the Company. Neither the Company nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
In many instances, the content available through NDTV Sites represents the opinions
and judgements of the respective information provider, Subscriber, or other user
not under contract with the Company. The Company neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement made on NDTV
Sites by anyone other than authorized the Company employee spokespersons while acting
in their official capacities. Under no circumstances will the Company be liable
for any loss or damage caused by a Subscriber's reliance on information obtained
through the NDTV Sites. It is the responsibility of Subscriber to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content
available through NDTV Sites. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other content.
Miscellaneous
This Agreement and any operating rules for NDTV Sites established by the Company
constitute the entire agreement of the parties with respect to the subject matter
hereof, and supersede all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall be construed in accordance
with the laws of India and courts in Delhi shall have the exclusive jurisdiction
to entertain and try any dispute arising out of or in relation to this Contract.
No waiver by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
Disclaimer
The Company has provided or may provide links and pointers to Internet sites maintained
by third parties. Neither the Company, its parent or subsidiary companies nor their
affiliates operate or control in any respect any information, products or services
on these third-party sites. The materials in the NDTV Sites and the third-party
sites are provided "as is" and without warranties of any kind, either express or
implied. To the fullest extent permissible pursuant to applicable law, the Company
disclaims all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. The Company
does not warrant that the functions contained in the materials will be uninterrupted
or error-free, that defects will be corrected, or that this site, including Bulletin
Boards, or the server that makes it available, are free of viruses or other harmful
components. The Company does not warrant or make any representations regarding the
use or the results of the use of the materials in the NDTV Sites or in third-party
sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Subscriber (and not the Company) assume the entire cost of all necessary maintenance,
repair or correction.
The views and investment tips expressed by investment experts on the Site are their
own, and not that of NDTV. The stock tips/information do not guarantee any returns.
NDTV does not warrant the accuracy, adequacy or completeness of such information
and assumes no responsibility or liability for any delays, omissions or inaccuracies
on any stock values and pricing data available through the Site. All data, reports,
information etc ("Materials") that are available on the site are only for informative
purposes and are not individualized recommendations to buy or sell securities, and
neither should the same be construed as offers to buy or sell securities. Neither
NDTV nor any of its management, affiliates , members, or employees hold any responsibility
of any losses/liabilities incurred (if any) by acting upon these Materials. Investing/Trading
in the Stock Market involve substantial risks, NDTV advices users to check with
certified experts or financial advisors before taking any investment decision
Bulletin Boards / Message Boards
This service may include bulletin boards and chat rooms ("bulletin boards") which
allow feedback to the Company and real-time interaction between users. The Company
does not control the messages, information or files delivered to bulletin boards.
It is a condition of your use of the bulletin boards and the NDTV Sites that you
do not: restrict or inhibit any other user from using and enjoying the bulletin
boards. post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information of any kind, including
without limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or otherwise violate
any local, state, national or international law. post or transmit any information,
software or other material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner or right
holder. post or transmit any information, software or other material which contains
a virus or other harmful component. post, transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains advertising.
Privacy
The Company Web-sites ("Site") are maintained by:
NDTV Convergence Ltd
INDIA207, Okhla Industrial Estate
Phase III, New Delhi 110 020 Ph.: +91 11 66176452.
We can be reached by e-mail at feedback@ndtv.com.
Any personal information identifying any visitor to the NDTV Sites or Subscriber
("Personal Information") if required, is asked for explicitly in the relevant page
on the NDTV Sites. Personal Information is used to operate the NDTV Sites, and we
may occasionally inform you of new features, services, and products from the Company.
We may place a text file called a "cookie" in the browser files of your computer.
The cookie itself does not contain Personal Information although it will enable
the NDTV Sites to relate your use of the NDTV Sites to information that you have
specifically and knowingly provided to the NDTV Sites.
We take the issue of your privacy seriously. If your online privacy and disclosure
of information is important to you, please feel free to review our policies on these
matters by clicking on the headings further below for more information.
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