1.
Acceptance of Terms
Welcome
to Education Worldwide
India
Magazine
(EWIM).
EWIM provides
its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us
from time to time without notice to you. You can review
the most current version of the TOS at any time at: http://www.eduworldwideindia.com/tou.htm.
In addition, when using particular EWIM services, you and EWIM shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated
by reference into the TOS.
2.
Description Of Service
EWIM currently
provides users with access to a rich collection of navigation
and directory resources, and personalized content through
the site (the "Service"). You also understand
and agree that the Service may include advertisements
and that these advertisements are necessary for EWIM to provide the Service. Unless explicitly
stated otherwise, any new features that
augment or enhance the current Service, including
the release of new EWIM services, shall be subject to the
TOS. You understand and agree that the Service is provided
"AS-IS" and that EWIM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
You
are responsible for obtaining access to the Service
and that access may involve third party fees (such as
Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment
necessary to access the Service.
Please
be aware that EWIM has created certain areas on the Service that contain
adult or mature content. You must be at least 18 years
of age to access and view such areas. EWIM has the right to limit your access to certain areas if EWIM is aware or suspects you are not
at least 18 years of age.
3.
Your Registration Obligations
In
consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current
and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or EWIM has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, EWIM has the right to suspend or terminate your account and
refuse any and all current or future use of the Service
(or any portion thereof). EWIM is concerned about the safety and privacy of all its users, particularly
children. For this reason, EWIM does not allow the creation of accounts by children
under the age of 13. If you are the parent or guardian
of a child of any age, it is your responsibility to
determine whether any of the Services and/or Content
(as defined in this TOS) are appropriate for your child.
4. EWIM Privacy Policy
Registration
Data and certain other information about you is subject to our Privacy Policy. For more information,
see our full privacy policy at http://www.eduworldwideindia.com/privacy.htm
5.
Member Account, Password & Security
You
will define or receive a password and account designation
upon completing the Service's registration process.
You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible
for all activities that occur under your password or
account. You agree to (a) immediately notify EWIM of any unauthorized use of your password
or account or any other breach of security, and (b)
ensure that you exit from your account at the end of
each session. EWIM cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6.
Member Conduct
You
understand that all information, data, text or other
materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility
of the person from which such Content originated. This
means that you, and not EWIM, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise
make available via the Service. EWIM does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will EWIM be liable
in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
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•
upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; harm
minors in any way;
• impersonate any person or entity, including,
but not limited to, a EWIM official, forum leader, guide
or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content transmitted
through the Service;
• upload, post, email, transmit or otherwise make
available any Content that you do not have a right to
make available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
• upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights
("Rights") of any party;
• upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, or any other form of solicitation,
except in those areas (such as Global Promotions) that
are designated for such purpose; it is expressly prohibited
on the navigation code that appears on a member's webiste;
• upload, post, email, transmit or otherwise make
available any material that contains software viruses
or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications
equipment;
• interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
• intentionally or unintentionally violate any
applicable local, state, national or international law.
• "stalk" or otherwise harass another;
or
• collect or store personal data about other users.
• provide links to or promote non- EWIM services
or websites without prior permission. |
You
acknowledge that EWIM does not pre-screen Content, but that EWIM and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move
any Content that is available via the Service. Without
limiting the foregoing, EWIM and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that
you may not rely on any Content created by EWIM or submitted to EWIM, including without limitation information
in EWIM Message
Boards, Global Community Centers, and in all other parts
of the Service.
You
acknowledge and agree to abide by EWIM Adult Content Policy.
You
acknowledge and agree that EWIM may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights,
property, or personal safety of EWIM,
its users and the public.
You
understand that the technical processing and transmission
of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting
networks or devices.
7.
Special Admonitions For International Use
Recognizing
the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical
data exported from the
United
States
or the country
in which you reside.
8.
Content Submitted Or Made Available For Inclusion On
The Service
EWIM does
not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect
to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant EWIM the following world-wide, royalty
free and non-exclusive license(s), as applicable:
With
respect to Content you submit or make available for
inclusion on publicly accessible areas of EWIM,
the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on
the Service solely for the purposes of providing and
promoting the specific EWIM , to which such Content was submitted or made available.
This license exists only for as long as you elect to
continue to include such Content on the Service and
will terminate at the time you remove or EWIM removes such Content from the Service.
"Publicly
accessible" areas of the Service are those areas
of EWIM that are intended by EWIM to be available to the general public.
9.
Indemnity
You
agree to indemnify and hold EWIM,
and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another.
10.
No Resale Of Service
You
agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the
Service without the express written permission of EWIM.
11.
General Practices Regarding Use And Storage
You
acknowledge that EWIM may establish general practices and limits concerning
use of the Service, including without limitation the
maximum number of days that message board postings or
other uploaded Content will be retained by the Service,
the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum
size of any email message that may be sent from or received
by an account on the Service, the maximum disk space
that will be allotted on EWIM servers on your behalf, and the maximum
number of times (and the maximum duration for which)
you may access the Service in a given period of time.
You agree that EWIM has no responsibility or liability for the deletion or failure
to store any messages and other communications or other
Content maintained or transmitted by the Service. You
acknowledge that EWIM reserves the right to log off accounts
that are inactive for an extended period of time. You
further acknowledge that EWIM reserves the right to change these general practices
and limits at any time, in its sole discretion, with
or without notice.
12.
Modifications To Service
EWIM reserves
the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree
that EWIM shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the
Service.
13.
Termination
You
agree that EWIM, in its sole discretion, may terminate
your password, account (or any part thereof) or use
of the Service, and remove and discard any Content within
the Service, for any reason, including, without limitation,
for lack of use or if EWIM believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. In the special situation
where termination affects Global Management, EWIM has the right to take over management of Global(s) found
to violate the TOS in letter or spirit. EWIM may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or
without notice. You agree that any termination of your
access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge
and agree that EWIM may immediately deactivate or delete your account and all related
information and files in your account and/or bar any
further access to such files or the Service. Further,
you agree that EWIM shall not be liable to you or any third-party for any termination
of your access to the Service.
14.
Dealings With Advertisers
Your
correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties
or representations associated with such dealings, are
solely between you and such advertiser. You agree that EWIM shall
not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers
on the Service.
15.
Links
The
Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because EWIM has
no control over such sites and resources, you acknowledge
and agree that EWIM is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such
sites or resources. You further acknowledge and agree
that EWIM shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such
Content, goods or services available on or through any
such site or resource.
16. EWIM’s Proprietary
Rights
You
acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that
is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly
authorized by EWIM or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software,
in whole or in part.
17.
Disclaimer Of Warranties
You
expressly understand and agree that:
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• YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EWIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
• EWIM MAKES
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS 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.
• NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM EWIM OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
18. Limitation Of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT EWIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EWIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
19.
Exclusions And Limitations
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
20.
Notice
Notices
to you may be made via either email or regular mail.
The Service may also provide notices of changes to the
TOS or other matters by displaying notices or links
to notices to you generally on the Service.
21.
Trademark Information
EWIM, the EWIM logo, and other EWIM logos and product and service names
are trademarks of Global Events & Expositions Pvt.
Ltd. (the " EWIM Marks"). Without EWIM’s prior permission,
you agree not to display or use in any manner, the EWIM Marks.
22.
Copyrights and Copyright Agents
EWIM respects
the intellectual property of others, and we ask our
users to do the same. If you believe that your work
has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have
been otherwise violated, please provide EWIM the following information:
- an electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
- a description of the copyrighted
work or other intellectual property that you claim
has been infringed;
- a description of where the material
that you claim is infringing is located on the site;
- your address, telephone number,
and email address;
- a statement by you that you have
a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- a statement by you, made under
penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act
on the copyright or intellectual property owner's
behalf.
EWIM for
Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By
email: info@eduworldwideindia.com
By mail: A – 209-211, Wing A, Ansal Chambers – I, Bhikaji Cama Place, New Delhi 110066,
INDIA
By Phone: +91 11 6566 1056 / 57
By Fax: +91 11 4165 8532
PLEASE: This number is for copyright issues only. For
support related questions use the details on the contact
us page http://www.eduworldwideindia.com/contactus.htm
23.
General Information
The
TOS constitute the entire agreement between you and EWIM and govern your use of the Service, superceding any prior agreements between you and EWIM.
You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship
between you and EWIM shall be governed by the laws of the
New
Delhi
without regard to its conflict
of law provisions. You and EWIM agree to submit to the personal and exclusive jurisdiction
of the courts located within the city limits of
New
Delhi
. The failure of EWIM to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force
and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the
TOS must be filed within one (1) month after such claim
or cause of action arose or be forever barred.
The
section titles in the TOS are for convenience only and
have no legal or contractual effect.
24. Violations
Please
report any violations of the TOS to our group.
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