Terms of Service
WELCOME TO INDIATIMES BLOG!
These terms of Service (“Terms of Service”) constitute a legally binding agreement between you and Times Internet Limited (“TIL”) which govern your use of the Indiatimes Blog. These Terms of Service may be updated by TIL from time to time. You agree to access the Indiatimes Blog, subject to acceptance of the Terms of Service as set out hereunder. If you do not agree with these Terms of Service, please do not use this Site.
1. DESCRIPTION OF SERVICE
Indiatimes Blog is a web publishing service and optional hosting service (the "Service"). You have identified yourself as a blogger and have approached TIL with a desire of posting the Content on Indiatimes Blog. TIL agrees to allow you to provide the afore-mentioned Services towards putting the Content and you agree to be bound by the below said terms and conditions and any modifications or revisions thereof. “Content” shall include without limitation the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials including photos, photographs, pictures or that are otherwise graphical in whole. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
2. YOUR RESPONSIBILITIES
a) You will be responsible for all activities occurring under your name and for keeping your password secure and for maintaining its confidentiality and will immediately notify TIL of any unauthorized use of your account or any other breach of security known to you.
b) You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof and will be solely responsible to ensure that the content / blog made available by you are not defamatory, obscene, lascivious, of prurient interest, invasive of any third party’s right to privacy, hateful, threatening or harassing, affect national interest, incites violence, infringing another person’s copyrights or any other intellectual property rights, racially, ethnically or otherwise objectionable etc. It should also not promote or represent any product/ services or any vested interest group and should not be used deliberately as a platform for personal publicity or for the publicity of any firm or institution.
c) You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
d) You agree to abide by Indiatimes Content Policy attached hereto as Annexure A and the rules and restrictions contained therein.
e) You agree and warrant that you have fully complied with any third-party licenses relating to the content.
f) You agree and undertake that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content and is not spam, or machine- or randomly-generated, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
g) You agree and understand that Indiatimes shall be at liberty to accept/reject / edit Content posted by you.
h) All Content posted on Indiatimes Blog shall be created / developed by you over which you own all the legal rights to the exclusion of all others in the world and/or you should have all the requisite/necessary, permissions/approvals/consents/rights from the owner/author to use / exploit the same, at no cost to TIL, for the purposes of this agreement. You will be solely responsible for the breach of the afore-mentioned and shall handle the same at your end at your own cost, without involving and/or any liability on TIL, whatsoever.
i) You shall not send or otherwise post unauthorized commercial communications, containing alcohol-related or other mature Content (including advertisements) on the website; You shall not offer any contest, gift/prize scheme, or promotion on the website without the prior written consent of TIL; You shall not use Indiatimes Blog to do anything unlawful, misleading, malicious, or discriminatory; You shall neither violate nor facilitate any violations of the Terms of Service mentioned herein.
j) By submitting content to Indiatimes Blog, you grant TIL a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content. You agree and understand that TIL expressly disclaims all warranties of any kind, whether express or implied pertaining to your Content made available herein. Any claim /disputes pertaining to the Content posted by you will be directly handled by you, with the disputing party.
k) You agree that TIL may access or disclose your personal information, including the Content of your communications, if TIL is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by TIL may be stored and processed in India or any other country in which TIL or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
3. REPRESENTATIONS AND WARRANTIES
a) You represent and warrant that
b) All of the information provided by you to TIL to participate in the Service is correct and current
c) You have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder.
d) You by registering and participating on the Indiatimes Blog agree that the registration identification information provided by you is real/truthful and not fake/false or misrepresented information.
e) You warrant and represents that the Content posted by you are original and has not been published earlier; that you are either the sole writer of the Content or you have all the requisite permissions /rights from the owner/author to use, post the Content to at no cost to TIL as per these Terms of Services.
f) You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted and that you have not infringed on any IPR belonging to any party. Further you agree to indemnify TIL for all claims arising out of any Content that you post on the Indiatimes Blog.
4. DISCLAIMER OF WARRANTIES
a) You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. TIL makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does TIL make any warranty as to the results that may be obtained from the use of the Service. TIL also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
b) TIL reserves the right to refuse service to anyone at any time without notice for any reason.
c) TIL does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
d) TIL 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.
e) You understand and agrees that any material and/or data 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 such material and/or data. No advice or information, whether oral or written, obtained by you from Indiatimes Blog or through the service shall create any warranty not expressly made herein.
f) TIL accepts no responsibility for the comments on the posts and harm resulting thereof and reserves the right to edit or delete comments submitted on the Indiatimes Blog without notice if the Content are:(i) deemed to be spam or questionable spam; (ii) the Contents are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, in any manner whatever.
g) TIL shall not be liable for any errors or omissions in the comments or for the availability of the comments.
h) TIL makes no representations as to the accuracy or completeness of any comments on the site or found by following any links.
5. CONTENT OF THE SERVICE
TIL neither endorses any Content contributed by you nor is it responsible for any threatening, libelous, obscene, harassing or offensive material contained therein or, any infringement of third party intellectual property rights arising therefrom.TIL takes no responsibility for third-party Content (including, without limitation, any viruses or other disabling features ), nor does TIL have any obligation to monitor such third-party Content. TIL reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates the terms of this agreement. TIL also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to
(a) satisfy any applicable law, regulation, legal process or governmental request,
(b) enforce this agreement, including investigation of potential violations hereof,
(c) detect, prevent, or otherwise address fraud, security or technical issues,
(d) respond to your support requests, or (e) protect the rights, property or safety of TIL, its users and the public.
6. PROHIBITED ACTIVITIES
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with the designated grievance redressal officer as mentioned below via post or by sending an email to the respective email id
Grievance Redressal Officer (mention the respective website)
Times Internet Limited
4th Floor, 'I' World Tower,
DLF City Phase V, Opposite DLF Golf Course
Gurgaon, Haryana 122002
The company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.
MATERIAL POSTED/TRANSMITTED AT TIL’S SITE
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 TIL or its affiliates for all claims arising out of any content that you post on the Site.
Posting/uploading of any information or material, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another's privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be involved in such activity on this website will solely be liable for actions under the applicable laws.
TIL accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of TIL and you agree to grant/assign to TIL 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”.
7. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Indiatimes Blog including but not limited to trademarks and logos appearing on the site are the property of TIL and are protected under applicable Indian laws. Any infringement shall be vigorously defended and proceeded against to the fullest extent permitted by law.
8. TERMINATION; SUSPENSION
TIL may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other Content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.
You agree to hold harmless and indemnify TIL, its affiliates, directors, officers and employees harmless, from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. You hereby further agrees to indemnify and save TIL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to Content posted by you.
10. LIMITATION OF LIABILITY
TIL 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 TIL, or otherwise arising in contract, tort or otherwise from the use of or inability to use Indiatimes Blog, or any of its contents, or from any act or omissions a result of using Indiatimes Blog 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.
11. WAIVER AND SEVERABILITY OF TERMS
Any failure of TIL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
12. GENERAL TERMS
a) Limited Time To Bring Your Claim: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Indiatimes Blog services or the Terms of Service must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
b) Applicable law These Terms of Service will be governed by and construed in accordance with the laws of India, without giving effect to its conflict of laws provisions or your actual state or country of residence. All disputes arising out of this agreement will be subject to the exclusive jurisdiction of the courts located in New Delhi, India and each party hereby consents to the personal jurisdiction thereof.
c) Entire Agreement: These Terms 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.
d) Notice of Copyright Infringement: TIL 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. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact our Grievance Officer at email@example.com; or write at the following address:
Times Internet Limited
4th Floor, ‘I’ World Tower,
DLF City Phase V, Opposite DLF Golf Course
Gurgaon, Haryana 122002
We request you to please provide the following information in your complaint:-
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- 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.
- 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. The notice shall be sent in English language only.
Copyright ©2008 Times Internet Limited. All rights reserved. This disclaimer/terms of service notification is subject to change without notice.
Content Policy: Although we may attempt to notify you when major changes are made to the Content Policy, you should periodically review the most up-to-date version. TIL may, in its sole discretion, modify or revise the Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of the Content Policy, may result in immediate termination of this agreement, and may subject you to any legal consequences thereof. TIL reserves the right, but shall have no obligation, to investigate your use of the Service in order to
(a) determine whether a violation of the agreement has occurred or
(b) comply with any applicable law, regulation, legal process or governmental request.
Our Content Policies play an important role in maintaining a positive experience for you, the users. Please respect these guidelines. From time to time, we may change our Content Policies so please check back here. Also, please note that when applying the policies below, we may make exceptions based on artistic, educational, documentary, or scientific considerations or where there are other substantial benefits to the public from not taking action on the Content.
Adult Content: We do not allow adult Content on Indiatimes Blog.
Child safety: We have a zero tolerance policy towards Content that exploits children. Some examples of this include:
Child pornography: We will terminate the accounts of any user we find publishing or distributing child pornography. We will also report that user to law enforcement.
Crude Content: Don't post Content just to be shocking or graphic. For example, collections of close-up
Pedophilia: We do not allow Content that encourages or promotes sexual attraction towards children. For example, do not post Content with galleries of images of children where the collection of images or text accompanying the images is sexually suggestive.
Hate Speech: We want you to express your opinions, But, don't cross the line by publishing hate speech. By this, we mean Content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity. For example, don't write a blog saying that members of Race X are criminals or advocating violence against followers of any religion. Violence: Don't threaten other people on your Indiatimes Blog. For example, don't post death threats against another person or group of people and don't post Content encouraging your readers to take violent action against another person or group of people. Images of gunshot wounds or accident scenes without additional context or commentary would violate this policy.
Copyright: It is our policy to respond to clear notices of alleged copyright infringement. Also, please don't provide links to sites where your readers can obtain unauthorized downloads of other people's Content. Personal and confidential information: It's not ok to publish another person's personal and confidential information. For example, don't post someone else's credit card numbers, Social Security numbers, unlisted phone numbers, and driver's license numbers. Also, please keep in mind that in most cases, information that is already available elsewhere on the Internet or in public records is not considered to be private or confidential under our policies. Impersonating others: Please don't mislead or confuse readers by pretending to be someone else or pretending to represent an organization when you don't. We're not saying you can't publish parody or satire - just avoid Content that is likely to mislead readers about your true identity.
Illegal activities: Don't use Indiatimes Blog to engage in illegal activities or to promote dangerous and illegal activities. For example, don't post any Content encouraging people to drink and drive. Also, in serious cases such as those involving the abuse of children, we may report you to the appropriate authorities.
Spam: Some examples include posting Content designed to drive traffic to your site or to move it up in search listings, posting comments on other people's Content just to promote your site or product, and scraping existing Content from other sources for the primary purpose of generating revenue or other personal gains.
Malware and viruses: Do not post Content that transmit viruses, cause pop-ups, attempt to install software without the reader's consent, or otherwise impact readers with malicious code. This is strictly forbidden.