IMPORTANT
The information provided on
this web site includes, but is not limited to, the services provided by VeerMarathi.Com
(“VeerMarathi”), and does not render any advice, certifications, guarantees or
warranties on the Content (as defined below) relating to the services, which VeerMarathi
makes available on this Site.
TERMS OF USE
The use of this Site and
the Content contained herein are governed by these Terms of Use (“Agreement”).
When you use this Site you acknowledge that you have read this Agreement and
that you accept and will be bound by the terms hereof as such terms may be modified
from time to time.
1. PURPOSE
1.1 As stated above, the
contents provided on or through this Site are solely for information purposes
and do not substitute for specific advice whether investment, legal, taxation
or otherwise and are not intended to provide you with any nature of
certification, guarantee or warranty. By accessing, browsing and using this
Site, you agree and acknowledge that you understand this limited and restricted
use and agree that you would not rely on the information and materials
contained in this Site for any purposes except as VeerMarathi intended or
specified under this Agreement. You further agree that in all actual matters,
you are ultimately responsible for determining your specific requirements and
consequences thereof. VeerMarathi disclaims all liability for damages caused by
use of Content on the Site.
2. DEFINITIONS
2.1 “Contents” or “Content”
shall mean any and all information, data, text, software, music, sound,
photographs, graphics, video, messages, materials, news, notices, articles,
contracts, forms, documents or other materials and information which may be
viewed or downloaded on or through this Site. Contents shall also include any
e-mail, messages, e-cards, photographs, videos or any other information furnished
by a user to be displayed on the Site by VeerMarathi.
2.2 “Site” shall mean the
internet site identified generally by the URL www.MarathiStars.in and all pages
linked to that URL which pages are posted and operated by VeerMarathi or its
agents.
3. REPRESENTATIONS AND
WARRANTIES
3.1 VeerMarathi or any of
its affiliates or associates or employees shall not be in any way responsible
for any loss or damage that may arise to any person from any inadvertent error
in the information contained in this Site. The information from or through this
Site is provided “as is” and all warranties express or implied of any kind,
regarding any matter pertaining to the Site or the Content including, without
limitation, the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement are disclaimed.
3.2 VeerMarathi and its
affiliates and associates shall not be liable, at any time, for any failure of
performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communications line failure, theft
or destruction or unauthorized 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.
4. YOUR CONDUCT
4.1 You may post your
reviews or comments; and submit suggestions, ideas, questions, or other
information, so long as the Contents are not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and do not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of “spam”. You shall not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of the Contents. However, you acknowledge that VeerMarathi does not pre-screen
the Content, but that VeerMarathi and its designees shall have the right (but
not the obligation) in their sole discretion to accept, refuse, move, or remove
any Contents that are available via the Site.
4.2 You understand that all
Contents, whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not VeerMarathi, are entirely responsible for all Content that
you have provided VeerMarathi with in order to upload, post, transmit or
otherwise make available via the Site.
4.3 You expressly agree not
to use the Site to: (i) harm any user in any manner either directly or
indirectly; (ii) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Contents transmitted through the Site; (iii) disrupt
the normal flow of dialogue, cause a screen to “scroll” faster than other users
of the Site are able to type, or otherwise act in a manner that negatively
affects other users’ ability to engage in real time exchanges or “stalk” or in
any other manner harass another user; (iv) interfere with or disrupt the Site
or servers or networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site; (v)
upload or transmit any material that is deemed derogatory with respect to the
name, services or Contents relating to or provided by VeerMarathi; (vi)
intentionally or unintentionally violate any applicable local, state, national
or international laws;
4.4 You expressly represent
and warrant that: (i) you are capable to use this Site in accordance with all
terms and conditions herein in relation to the access and use of this Site and
the services provided therein; and (ii) all information supplied by you in any
correspondences or any other documentation to VeerMarathi is true, current
complete and accurate. You expressly agree that this clause shall survive any
termination of this Agreement.
4.5 You agree NOT TO SUBMIT
material that is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have written permission from their rightful
owner to post the material and to grant VeerMarathi all of the license rights
granted herein
5. LINKS TO OTHER WEBSITES
This Site may contain
hyperlinks to websites operated by parties other than VeerMarathi. The
inclusion of hyperlinks to such websites does not imply VeerMarathi’s
certification or endorsement of such websites nor any association with their
operators. VeerMarathi or its affiliates or associates or its employees do not
provide any judgment or warranty in respect of the authenticity or correctness
of the content of such other services or sites to which links are provided. A
link to another service or site is not an endorsement of any products or
services on such site or the Site. You shall be solely responsible for any or
all the consequences that arise out of your use of such hyperlinks to websites.
6. INTELLECTUAL PROPERTY
All text, graphics, audio,
design and other works on the Site are the copyrighted works of VeerMarathi
unless otherwise indicated. Content on the Site is for personal use only. Any
alteration of the material or use of the material contained in the Site for any
commercial purpose is a violation of the copyright of VeerMarathi and/or its
affiliates or associates or of its third-party information providers. The
Content available on the Site shall not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way without obtaining the
prior permission from VeerMarathi. All responsibility and liability for any
damages caused by downloading of any data is disclaimed.
7. LICENSE AND SITE ACCESS
7.1 VeerMarathi grants you
a “limited non-exclusive license” to access and make personal (non commercial)
use of this Site for informational purposes and not to modify either the whole
or any portion of the Site.
7.2 The license shall not
include: (i) any resale or commercial use of this Site or its Contents; or (ii)
any derivative use of this Site or its Contents;
7.3 You, your partners,
your employees, your agents or any other person associated with you personally
or professionally, may not, with or without compensation, prepare any
derivative works from, or sell, lease, license, e-mail, reproduce, duplicate,
copy, resell, republish, transmit or distribute or otherwise exploit for any commercial
purpose via any media, now known or unknown, any Contents from this Site to any
other entity or individual. No Contents or information on the Site may be
reproduced in any form or incorporated into any internet web-site or any other
information retrieval system, either electronic or mechanical. It is a
condition of your use of this Site that you do not restrict or inhibit any
other user from using this Site.
7.4 You shall not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of VeerMarathi
and/or our affiliates without the express written consent of VeerMarathi. You
may not use any meta tags or any other “hidden text” utilizing VeerMarathi’s
name or trademarks without the express written consent of VeerMarathi. Any
unauthorized use terminates the permission and the license granted by VeerMarathi
under this Agreement to you.
8. MODIFICATIONS ON THE
SITE
8.1 VeerMarathi reserves
the right to modify, suspend/cancel, or discontinue any or all sections, or
service at any time without notice. VeerMarathi reserves the right to make
modifications and alterations in the information contained on the Site without
notice. You agree that VeerMarathi shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Site.
8.2 You expressly agree
that any information provided on the Site shall be used by you at your risk.
You are advised to hereby make proper enquiries and use the information
provided on the Site.
8.3 From time to time VeerMarathi
may supplement its terms of use with additional terms pertaining to specific
content (additional terms). Such additional terms are hereby incorporated by
reference into these Terms of Use.
9. LOGIN OPTIONS
The VeerMarathi Members
login (if any) is for the reference of only registered VeerMarathi Member. VeerMarathi
reserves the right to discontinue the member Login on account of violation of
this Agreement or any “Code of Conduct” set by VeerMarathi. VeerMarathi
reserves the right to take all measures necessary to prevent access to any
Content or portion of the Site or terminate access to the site if the terms of
use are not complied with or are contravened or there is any violation of
copyright, trademark or other proprietary right.
10. DISCLAIMER
VeerMarathi MAKES NO
WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS SITE AND VeerMarathi
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
VeerMarathi FURTHER MAKES
NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE
THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN
CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO THE APPLICABLE LAW, VeerMarathi DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED.
VeerMarathi MAKES NO
WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, CONTENTS OR
INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS SUBJECT TO THIS
AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
VeerMarathi is not liable
on the authenticity of such data. Without limiting the foregoing, under no
circumstances shall VeerMarathi be held liable for any delay or failure in
performance resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment failures,
other equipment failures, electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials,
fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning.
11. LIMITATION OF LIABILITY
NEITHER VeerMarathi NOR ITS
AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS SHALL IN ANY EVENT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO,
LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR LOSS
OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM USE OF THE SITE OR ANY PART
OR WHOLE OF THE CONTENT OR ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF VeerMarathi
OR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR
RELIANCE ON VeerMarathi INFORMATION, FROM INABILITY TO USE VeerMarathi
INFORMATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO
THE CONTENT OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS
LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE CONTENT, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF VeerMarathi OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED
OR RELATED IN ANY WAY TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW.
12. INDEMNITY
You agree to indemnify and
hold VeerMarathi and its subsidiaries, affiliates, officers, agents, and
employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of the Contents you submit,
e-mail, transmit or make available through the Site, your use of the Site, your
connection to the Site, your violation of this Agreement, or your violation of
any rights of another user of this Site.
13. ACKNOWLEDGMENT
The disclaimer and limited
liability of VeerMarathi as set out in this Agreement are fundamental elements
of the basis of the bargain for the Content and access to the Site. You agree
that VeerMarathi would not otherwise be able to offer the Content or the Site
on its present basis without such limitations. This clause shall survive any
termination of this Agreement.
14. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global
nature of the Internet, you agree to comply with all local rules regarding
online conduct. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the country in which
you reside.
15. SEVERABILITY
Any provision of this
Agreement which is invalid, prohibited or unenforceable in any jurisdiction
shall: (i) be ineffective in that jurisdiction to the extent of the invalidity,
prohibition or unenforceability; (ii) not invalidate the remaining provisions
of this Agreement; and (iii) not affect the validity of that provision in any
other jurisdiction.
16. GOVERNING LAW AND
ARBITRATION
All legal proceedings shall
be subject to the jurisdiction of the courts in Hyderabad, India and shall be
governed by and construed in accordance with the laws of India and you agree to
resolve the disputes under the Arbitration and Conciliation Act 1996. The venue
for such arbitration shall be at Bangalore, India.
17. RELATIONSHIP
This Agreement or your use
of this Site does not constitute any joint venture, partnership, employment or
agency relationship between you and VeerMarathi.
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