ABP Pvt. LTD. reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice , make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted to “http://my.anandabazar.com/agreement” for your reference and convenience so as to enable you to understand your responsibility as a user.
ABP Pvt. LTD. reserves the right to charge subscription and / or membership fees from a user in respect of any product, service or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of ABP Pvt. Ltd. Limited, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of ABP PVT. LTD.; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
ABP Pvt. Ltd. grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on ABP Pvt.Ltd.’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of ABP Pvt. Ltd.
However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
ABP Pvt. Ltd. forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
Individual Registration, Access and Exchange of Information
For certain services such as email, personal web pages, contests and shopping, registration by the visitor is required. To register for these services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:-
• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with http://my.anandabazar.com as users of the Site; or
• Access through a single account and Password being made available to multiple users on a network.
If ABP Pvt. Ltd. reasonably believe that an account and Password is being used / misused in any manner, ABP Pvt. Ltd. shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ABP Pvt. Ltd. immediately of any unauthorized use of your account or any other breach of security. ABP Pvt. Ltd. will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by ABP PVT. LTD. or another party due to someone else using your account or password.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ABP PVT. LTD.’s server, or the network(s) connected to any ABP PVT. LTD.’s server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Material Posted/transmitted at http://my.anandabazar.com
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify ABP PVT. LTD. or its affiliates for all claims arising out of any content that you post on the Site.
ABP PVT. LTD. accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of ABP PVT. LTD. and you agree to grant/assign to ABP PVT. LTD. and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.
Exchange of Information via CHAT & other Community Services
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.
http://my.anandabazar.com endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.
By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user's ability to engage in real time exchanges.
Limitations of Liabilities
Any transactions relating to sale/purchase of goods or services not directly offered by ABP PVT. LTD. are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by ABP PVT. LTD.
ABP PVT. LTD. merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. ABP PVT. LTD. does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not ABP PVT. LTD. ABP PVT. LTD. will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.
Under No circumstances will ABP PVT. LTD. be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability 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 or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that ABP PVT. LTD. is not responsible for any content sent using and/or included in ABP PVT. LTD.’s site/service by any third party.
Termination of Account
You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.
User Conduct and Obligations
You hereby agree and assure ABP PVT. Ltd. that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service:
• post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
• delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
• not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any ABP PVT. LTD.’s server, or the network(s), computer systems / resource connected to any ABP PVT. LTD. server, or interfere with any other party's use and enjoyment of the Site/Service;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
• engage in any activity that causes / may harm minors; or
• perform any activity which is likely to cause such harm;
• impersonate any person or entity, including, but not limited to, ABP PVT. LTD.’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• take any action which encourages or consists of any threat of harm of any kind to any person or property;
• carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
• make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
• use the Site/Service for illegal purposes;
• disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any ABP PVT. LTD. website or the website of any ABP PVT. LTD.’s customer;
• transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc;
• collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
• engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
• encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
• make any representation or warranty on behalf of ABP PVT. LTD.
You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
• infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
• Right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
• Any confidentiality obligation.
Unless otherwise permitted, you will: (i) display the Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without ABP PVT. Ltd.’s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by ABP PVT. Ltd. on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Web site. You acknowledge that the service must link and redirect to the appropriate ABP PVT. Ltd.’s Web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, ABP PVT. Ltd.’s Web page, nor may you frame any ABP PVT. Ltd.’s Web page.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users of ABP PVT. LTD. for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the ABP PVT. Ltd.’s Web Sites.
Disclaimer of Warranties and Liability
limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
ABP PVT. Ltd. and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ABP PVT. Ltd.’s sites/services, with the delay or inability to use the ABP PVT. Ltd.’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ABP PVT. LTD. sites/services, or otherwise arising out of the use of the ABP PVT. LTD. sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by ABP PVT. LTD. as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.
Links to Other Sites
All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain ABP PVT. LTD.’s-logo, please understand that it is independent from ABP PVT. LTD., over whom ABP PVT. LTD. has no control or connection, business or otherwise as these sites are external to ABP PVT. LTD. You agree and understand that by visiting such sites you are beyond the ABP PVT. LTD.’s website. ABP PVT. LTD., therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. ABP PVT. LTD. gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. ABP PVT. LTD. shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. ABP PVT. LTD. accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless ABP PVT. LTD. against all third party claims, demands and actions brought against ABP PVT. LTD. which arises from or relates to the material submitted by you.
Part of the Site contains advertising information or promotion material or other material submitted to ABP PVT. LTD. by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ABP PVT. LTD. found on or through the Website, 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. ABP PVT. LTD. will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-ABP PVT. LTD. advertisers on the Website. ABP PVT. LTD. reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.
ABP PVT. LTD. may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, ABP PVT. LTD. reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to ABP PVT. LTD.
Further, ABP PVT. LTD. can (and you authorize ABP PVT. LTD. to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and ABP PVT. LTD. and you shall have no authority to bind ABP PVT. LTD. in any manner, whatsoever.
ABP PVT. LTD. shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
The Agreement shall be governed by the Laws of India. The Courts of law at Kolkata, West Bengal, India shall have exclusive jurisdiction over any disputes arising under this agreement.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
Limited time to bring your claim
You and ABP PVT. LTD. agree that any cause of action arising out of or related to the ABP PVT. LTD.’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
By using ABP PVT. LTD.’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of ABP PVT. LTD. sites. We reserve the right, to modify this Privacy Statement at any time.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Notice of Copyright Infringement
ABP PVT. LTD. is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
(a)A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b)Identification of the copyrighted work claimed to have been infringed.
(c)Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d)The address, telephone number or e-mail address of the complaining party.
(e)A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f)A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
ABP PVT. Ltd.
6, Prafulla Sarkar St.
Tel: +91 33 2234 5374
Copyright ©2011 ABP Pvt. Ltd. All rights reserved.
This disclaimer/terms of service notification is subject to change without notice.