read the following terms and conditions very carefully as your use of
our services is subject to your acceptance of and compliance with the
terms and conditions (thereafter the "Terms") as well as
the User Rules.
Tree Media Pvt. Ltd (hereinafter “LTM”) provides access to
Kendasampige website (the "Site").
Kendasampige.com is an online Kannada Cultural web site.
of the Site (regardless of whether access or use is intended)
subject to the following terms and conditions of use (these "Terms"),
which constitute a legal contract between the user (as either an
individual or a legal entity, and hereafter referred to as "the
User") and LTM. By accessing or using the Site, the User agrees
to be bound by these Terms and to comply with all applicable laws and
regulations, IF THE USER DOES NOT AGREE TO BE BOUND BY THESE TERMS OR
SUCH LAWS AND REGULATIONS, THE USER IS NOT AUTHORIZED TO ACCESS AND
USE THE SITE OR THE MATERIALS AND SERVICES, AND THE USER IS REQUIRED
TO EXIT THE SITE.
THE USER IS ENTERING THIS AGREEMENT ON BEHALF OF A CORPORATION OR
OTHER LEGAL ENTITY, OR ACCESSING OR USING THIS SITE AS PART OF THE
USER’S DUTIES AS AN EMPLOYEE OF A CORPORATION OR OTHER LEGAL
ENTITY, THE USER HEREBY REPRESENTS AND WARRANTS TO LTM THAT THE USER
IS AUTHORIZED TO ACT ON BEHALF OF SUCH CORPORATION OR LEGAL ENTITY
AND TO BIND THE SAME TO THESE TERMS AND ALL OBLIGATIONS ARISING
HEREUNDER. ALL RIGHTS AND LICENSES GRANTED HEREUNDER ARE PERSONAL TO
THE USER AND SHALL NOT INCLUDE ANY RIGHT TO GRANT SUBLICENSES TO ANY
THIRD PARTY EXCEPT AS EXPRESSLY SET FORTH HEREIN.
and Use of the Site.
order to access some features of the Site, the User will have to
create an account. The User shall not use another Member's account
without permission. When creating the User’s account, the User must
provide accurate and complete information.
User is granted permission to access and use the Site, including
permission to download, copy, and display materials contained on the
Site, on a limited basis for internal, noncommercial, informational
purposes only and strictly subject to these Terms. The permissions
granted by these Terms shall extend to officers, directors,
employees, and agents authorized by the User in accordance with these
Terms ("Authorized Users"), subject to such Authorized
Users being bound by this to the same extent as the User. The User
shall be liable, jointly and severally, for all acts and breaches of
these Terms by any Authorized User.
User is solely responsible for the content including without
limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content")
that the User posts on the the Site, and any material or information
that the User transmits to other Members and for the User’s
interactions with other Users. The Site does not endorse and has no
control over the Content. Content is not necessarily reviewed by the
Site prior to posting and does not necessarily reflect the opinions
or policies of the Site. The Site makes no warranties, express or
implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that the User transmits to
The User agrees to abide by all applicable local, state, national and
foreign laws, treaties and regulations applicable to use of the Site.
The User shall not in any manner: (i) distribute, use or make copies
of, or otherwise duplicate the Materials contained on the Site,
except as expressly authorized under these Terms; (ii) make the Site,
or any Materials contained on the Site, available to any unauthorized
third party; (ii) sell, loan, rent, lease, re-license, sublicense,
transmit, distribute, re-distribute, or timeshare the Site, or create
any Internet "link" to the Site without prior express
authorization from LTM, or "frame" or "mirror"
the materials or services contained on or accessible from the Site on
any other server or Internet-based device; (iii) cause or permit the
reverse engineering, disassembly, decompilation of, or any other
attempt to derive any software comprising or available through the
Site, except to the extent permitted by law; or (iv) remove, alter,
amend, or otherwise tamper with any titles, trademarks, copyright,
restricted rights notices, or other proprietary rights legend, or any
license agreement, included or provided with the Site. In addition,
without limitation, the User agrees not to use the Site: (a) to
harvest, collect, gather or assemble any Materials for other than
internal, noncommercial use; (b) to harvest, collect, gather or
assemble information or data regarding other users, including e-mail
addresses, without their consent; (c) to transmit or post any
material or information which is unlawful, harassing, libelous,
abusive, harassing, tortious, defamatory, threatening, harmful,
abusive, libelous, invasive of another's privacy, vulgar, obscene or
otherwise objectionable; (d) to transmit any material that may
infringe the intellectual property rights or other rights of third
parties, including any patent, trademark, copyright, trade secret, or
right of publicity; (d) to transmit any material that contains
software viruses or other harmful or deleterious computer code, files
or programs such as trojan horses, worms, time bombs, cancelbots; (e)
to interfere with or disrupt servers or networks connected to the
Site, or violate the regulations, policies or procedures of such
networks; (f) to attempt to gain unauthorized access to the Site,
other accounts, computer systems or networks connected to the Site,
through password mining or any other means; or (g) to harass or
interfere with another user's use and enjoyment of the Site.
User shall not use the Blog Service for the purpose of advertising or
marketing any business, product or service.
content that the User provides to a Blog Service enters an open,
public forum, and is not confidential. The User should therefore be
careful when deciding to share any of the User’s personal
information in a Blog Service.
disclosing personal information such as the User’s name and email
address in a Blog Service, the User acknowledges and understands that
this information may be collected and used by other persons to
communicate with the User.
User may be held legally liable for the content that the User
provides in a Blog Service, for example, where the User provides
content that is:
protected by copyright or trademark, without the permission of the
author or the owner;
we do not generally monitor or moderate the Blog Service, we reserve
the right to monitor or moderate the Blog Service at any time should
we deem it necessary.
we do not have any knowledge of the content on the Blog Service. Nor
do we condone, approve, endorse or support any content on the Blog
User accordingly uses the Blog Service at his/her own risk and
indemnifies LTM against any liability, loss or damage resulting from
the use of the Service.
if we are of the view that the User is in breach of any of the Terms
or the Blog Service terms, we may, without notice to the User:
remove the offending content; or
stop or suspend the User’s use of the Blog Service and/or any other
take any appropriate action against the User.
OF PORNOGRAPHY ON THE SITE
User shall choose carefully the information the User posts on the
site and that the User provides to other Users. The Blogs must not
include any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS
WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED
ACTIVITIES. Any User or member who publishes or transmits or causes
to be published in the electronic form, any material which is
lascivious or appeals to the prurient interest or if its effect is
such as to tend to deprave and corrupt people who are likely, having
regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it shall be strictly treated under the
provision 67 of the Information Technology Act 2000 and as per the
provisions of the Indian Penal Code and other appropriate statutes
applicable in that scenario. Despite this prohibition, information
provided by other Users (for instance, in their profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material,
products or services, and the site assumes no responsibility or
liability for this material. If the User becomes aware of misuse of
the services provided by the site by any other User, please contact
us at email@example.com
The User is solely responsible for (i) any and all activities that
occur under the User’s Account; (ii) the safe keeping and use of
the User’s Account password; and (iii) properly exiting and logging
off from the User’s Account. The User shall not share the User’s
Account password with any person or entity that is not an Authorized
User. The User shall notify firstname.lastname@example.org
of any unauthorized use of the User’s Account or the User’s
Account password, or any other breach of security that is known or
suspected by the User. LTM shall not be responsible for any
unauthorized access to, or alteration of, the User’s Account, or
any transmissions, material, information or data sent or received
to User Terms and Conditions.
LTM reserves the right from time to time in its sole discretion to
establish or modify these Terms governing use of the Site by posting
notice of such changes on the Site accessible by the User, or as
otherwise provided in these Terms. By using or accessing the Site or
the User’s Account subsequent to the posting of any change to these
Terms, the User shall be deemed to have consented to such changes.
LTM may in its sole discretion and at any time materially change, add
to, delete from, or revise any portion of the Site, including the
scope and extent of the Site's functionality, or otherwise provide
any updates, upgrades, or enhancements to the Site. LTM may remove,
replace or modify the Site at any time without notice. Unless LTM
agrees otherwise in writing, each such upgrade, enhancement, change,
addition to or deletion from the Site shall be incorporated therein
and shall be subject to all terms and conditions set forth in these
Terms. LTM makes no commitment to update to keep the Site current.
no circumstances shall LTM
be liable to any user on account of that user's use or misuse of or
reliance on LTM
services. Arising from any claim relating to this agreement or the
subject matter hereof such limitation of liability shall apply to
prevent recovery of direct, indirect, incidental, consequential,
special, exemplary, and punitive damages whether such claim is based
on warranty, contract, tort (including negligence), or otherwise,
(even if LTM
has been advised of the possibility of such damages). Such limitation
of liability shall apply whether the damages arise from use or misuse
of and reliance on LTM
services, from inability to use Hical services, or from the
interruption, suspension, or termination of Hical’s services
(including such damages incurred by third parties). This limitation
shall also apply with respect to damages incurred by reason of any
information or advice received through LTM’s
services or received through any links provided in LTM’s
services. This limitation shall also apply, without limitation, to
the costs of procurement of substitute goods or services, lost
profits, or lost data. Such limitation shall further apply with
respect to the performance or non-performance of LTM’s
services or any information or merchandise that appears on, or is
linked or related in any way to, LTM’s
services. Such limitation shall apply notwithstanding a failure of
essential purpose of any limited remedy and to the fullest extent
permitted by law.
states or other jurisdictions do not allow the exclusion or
limitation of liability for incidental or consequential damages, so
the above limitations and exclusions may not apply to THE USER.
to Other Sites.
The Site contains links to websites maintained by other parties, and
LTM does not control these parties or the content, products, or
services offered through such websites. The inclusion of any link
does not imply any endorsement by LTM of the linked site, or of any
content, products, or services offered through the linked site. LTM
makes no representations or warranties whatsoever about any linked
site, or the availability of any products offered through the linked
site, and accepts no responsibility or obligation in connection with
the User’s use of any linked site. The entire risk and
responsibility arising from linking with any such site, including any
transactions entered into through such site, remains with the User.
agrees to indemnify, defend and hold LTM
harmless from and against all losses, claims, demands, expenses,
damages and costs, including reasonable attorneys' fees, arising out
of or relating to any misuse by the User of the content and services
provided on the Site.
User agrees and undertakes to indemnify and hereby indemnifies and
keeps safe and harmless LTM from all loss, claim, demand, damage,
costs, charges (including legal fees and charges) or prejudice that
may be caused on account of the User’s default or breach of any of
the terms of this Agreement.
User shall not use ordinary e-mail to communicate personal or
confidential information to
LTM. The User shall use
the secure server available at the User’s Local Site. Ordinary
e-mail messages sent over the Internet may be intercepted, lost or
is not responsible for them and will not be liable to the User or
anyone else for any damages in connection with any messages sent by
the User to us using ordinary e-mail.
of Termination of Membership
in the sole opinion of LTM, the reasons where for LTM shall not be
bound to disclose, the User has contravened, committed hacking or
committed breach of any of the terms of this Agreement, LTM shall be
entitled, without any notice, to terminate the Membership of the User
and to revoke his Id.
is expressly agreed and understood by the User that any breach or
default by the User of any of the provisions of this Agreement shall
result in the immediate cancellation of the User’s Membership and
revocation of the User’s Id without notice.
and its employees shall at no time be in any way liable or
responsible to the User or to any other person for any such
cancellation of Membership and revocation of Id, provided that, LTM
shall be entitled to all its rights and remedies against the User for
any loss or damage or prejudice that may have been caused to LTM on
account of any such breach or default by the User.
law governs use of the Site.
These Terms constitute the complete agreement between the User and
LTM concerning the subject matter set forth herein, and supersedes
all prior or contemporaneous negotiations, agreements or
representations in respect thereof. These Terms may not be amended,
modified or supplemented except in writing by LTM, and no other act,
document, usage or custom shall be deemed to amend, modify or
supplement these Terms.
If the application of any provision hereof to any particular Party,
facts, or circumstance shall be held by a court of competent
jurisdiction to be invalid or unenforceable, then (i) such provision
shall be reformed without further action by the Parties to the extent
strictly necessary to render such provision valid and enforceable
when applied to such particular Party, facts, or circumstances; and
(ii) the validity and enforceability of such provision as applied to
any other particular Party, facts, or circumstances, and the validity
and enforceability of all of the other provisions hereof, shall in no
way be affected or impaired thereby.
Any notice required or permitted to be given to LTM under these Terms
shall be given as follows: by electronic mail to
by letter sent by first class postage prepaid mail to Lemon Tree
Media Pvt. Ltd., No. B-6, III Main, Rajajinagar Industrial Estate,
Bangalore 560 044, India. Attention: Director. LTM may give notice to
you by means of a general notice via the Services, electronic e-mail
to your e-mail address on record in LTM's account information, or by
written communication sent by first class mail to the User’s
address on record in LTM's account information. A change of address
by either Party shall only be effective if given in accordance with
the provisions of this Section.