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Disclaimer
General
This Disclaimer sets forth the terms and conditions that apply to use of this site www.saharaone.in (Site), and all sub-sites that reside under the site (collectively, "Sahara Sites"), by a User. The site is owned by Sahara One Media and Entertainment Limited, having its registered office at CTS 40-44, Sahara Point, S.V. Road, Goregaon (West), Mumbai 400 104, (“the Company”, which expression shall, unless repugnant to context, include its officers, directors, employees and agents) and is maintained and hosted by Sahara Next..
When accessing this Site, all users are deemed to have read, understood, acknowledged and accepted the same and undertaken to comply with the terms of this disclaimer, both in letter and in spirit. The user affirms that he/ she possesses the legal age to view the Site and/or has legal parental or guardian consent and is fully able and competent to enter into the terms, conditions, obligations and affirmations contained herein.
Contents
The user understands that the contents of the Site are protected by national and international intellectual property rights laws and are only for general information or use and are provided on an ‘as is’ basis and that the Company makes no representations or warranties, express or implied, regarding the truth, quality, accuracy, efficacy or completeness of the information provided on the Site by the Company or third parties including (but not limited) to any comments, feedback, information and advertisements contained within the Site or any website linked to the Site. Except where and in a manner specifically authorised, the user shall not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any content/material from Site, including code and software.
The Company shall not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising, whether in contract, tort, equity or otherwise from the use of or inability to use the Site or any of its contents or from any action or omission taken as a result of using the Site or any such contents.
The contents of the Site may be satirical, humorous and funny and the Company declines any responsibility for any libel, damages or any other charge/s that may arise from the same.
Third parties Users
This Site contains material in the form of inputs submitted by third party users including advertisements and other material and the Company accepts no responsibility for the content or accuracy of such content nor does the Company make or be deemed to have made any representations or warranties in respect of the existence or availability of any goods and/ or services advertised on the Site or the quality of the goods and/ or services advertised on the Site. Kindly note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements. Although the acceptance of the advertisements on the Site is subject to the Company’s terms and conditions which are available on request, the Company does not accept liability in respect of any advertisements nor does the Company endorse any information provided therein. As with the purchase of a product or service through any medium or in any environment, the user is expected to use his/ her best judgment and exercise caution where appropriate.
Use of the Site
User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the Company’s express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that in the owner’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. Unless otherwise permitted user shall not use the Site to advertise or perform any commercial solicitation.
User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with user. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, the user automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other user to access, view, store or reproduce the material for that user's personal use. The User hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Site User.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of the Site are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Where permitted the user may download copyrighted material for the User's personal use only and not otherwise.
The provisions contained herein are for the benefit of the Company, its subsidiaries, affiliates and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The right to use the Site is personal to the user and as such is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Disclaimer. User shall be responsible for protecting the confidentiality of User's password(s), if any. The Company shall not be liable in any manner whatsoever for unauthorized use or access of the User’s Account/s by any person or entity whatsoever.
Right to Change Content and Terms
The Company shall have the exclusive right to, at any time, change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. The Owners shall, further, have the right at any time to change or modify the terms and conditions applicable to user's use of the Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Site or group site, or by electronic or conventional mail, or by any other means by which the user obtains notice thereof. Any use of the Site by user after such notice shall be deemed to constitute acceptance by user of such changes, modifications or additions.
The Company shall have the right, but not the obligation, to monitor the content of the Site, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Equipment for Use and Access of the Site
The User acknowledges that he/she/it shall alone be responsible for obtaining and maintaining all software, telephone, computer hardware and other equipment/s necessary for accessing and using the Site and all charges related thereto and consequent there-from.
The Company shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, any user or member communication.
The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
Value added services
The Site contains sections which enable the users to register on the Site to download wallpapers, widgets, ring tones, SMS’s, animated wallpapers, screen savers and other things for which the Company takes no warranty of performance, reliance and/or accuracy. The downloads are not obligatory and users do it at their sole risk and discretion. The downloading charges for BSNL subscribers shall be Rs.10/Rs.15 for Wallpaper, Rs.15 for Animation, Rs.15 for MP3 and Polyphonic Ringtone, Rs.20 for True Tones, Rs.30 for Themes where as for other Operators is Rs.10 & Rs.14 for Wallpapers, Rs.15 for Animation, Rs.10 for Polyphonic Ringtone, Rs.15 for True Tone and MP3 Tone and Rs.30 for Themes. Value Added Services like Astrology updates, Jokes, News updates and different kinds of Polls are provided on the Site. These Services can be availed of in a manner provided therein. The charges per SMS to avail the value added services shall be Rs.2/- for BSNL Users and Rs.3/- for all other users. For any contests, participation in which is through SMS, charges shall be Rs.2/- for BSNL Users and Rs.3/- for all other users. Where participation in such contests is by way of Short Text Message (SMS) sent from Mobile only, then entries sent through any other mode shall be considered invalid for the purpose of the contests.
Links/Hyperlinks
Certain links on the Site lead to resources located on websites maintained by third parties over whom the Company has no control and accordingly the Company accepts no responsibility or liability for any of the material contained on those websites. Any hyperlinks from this Site exist only for information purposes and are for the convenience of the user alone. The Company accepts no liability for the contents of such Sites or any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites. Our inclusion of hyperlinks does not imply any endorsement of the material on such third party sites.
Security
The Company makes no warranty that the contents of the Site are free from infection by viruses or anything which has contaminating or destructive properties and shall have no liability in respect thereof whatsoever. The Users undertake to have the necessary security features in their respective access platforms in order to guard against any such threat.
Views and opinions
This Site may contain articles and views contributed by several individuals. The views are exclusively their own and do not necessarily represent the views of the Site or its management. The Site makes no representations or warranties, express or implied, regarding the truth, quality, accuracy, efficacy or completeness of the information.
Governing Laws
The rights and obligations of the Site, user and third parties shall be governed by the laws of India. Any claim or dispute between the user, third parties and the Company that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. The user and the Company shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Site to arbitration to 1 (one) arbitrator nominated and appointed by the Company. The arbitration shall in all matters be governed by the Arbitration and Conciliation Act, 1996 or any act replacing the same and the Rules made there-under, if any. The place of arbitration shall be Mumbai, India. The language to be used in the arbitration proceedings shall be English. The award of the arbitrator will be final and binding on both the user and the Company to the extent permissible in law.
Indemnity
The Users agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and agents any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (i) the User’s use of and access to the Site; (ii) the User’s violation of any term of these terms of use; (iii) the User’s violation of any third party right; or (iv) any claim that one of the User’s user submissions caused damage to a third party. This defense and indemnification obligation shall survive these Terms of Use and your use of the Site.
Miscellaneous
No waiver by the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
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