Please 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.
Lemon Tree Media Pvt. Ltd (hereinafter “LTM”) provides access to Kendasampige website (the “Site”). Kendasampige.com is an online Kannada Cultural web site.
Use of the Site (regardless of whether access or use is intended) is 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.
IF 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.
Access and Use of the Site.
In 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.
The 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.
The 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 other Members.
User Conduct. 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.
Blog Service Terms
The User shall not use the Blog Service for the purpose of advertising or marketing any business, product or service.
Any 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.
By 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.
The 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;
· pornographic; or
While 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.
Accordingly, 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 Service.
The 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.
However, 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 Service; or
· take any appropriate action against the User.
PROHIBITION OF PORNOGRAPHY ON THE SITE
The 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 protected] .
User Responsibilities. 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 [email protected] immediately 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 using.
Changes 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.
Changes and Upgrades. 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.
Limitations. Under 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.
Some 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.
Links 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.
User Indemnification 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.
The 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.
The 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 altered. LTM 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.
Right of Termination of Membership
If, 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.
It 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.
LTM 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.
Indian law governs use of the Site.
Entire Agreement/Amendments. 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.
Severability. 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.
Notices. Any notice required or permitted to be given to LTM under these Terms shall be given as follows: by electronic mail to [email protected] or 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.