1. ACCEPTANCE OF TERMS
The services
that "Kanishka Infocom Private Limited" provides to User is subject to the following Terms of Use
("TOU"). "Kanishka Infocom Private Limited" reserves the right to update the TOU at any time
without notice to User. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located at the bottom of our Web
pages.
A. This Agreement, which incorporates by reference
other provisions applicable to use of OTOGoldMine.com, including, but not limited to,
supplemental terms and conditions set forth hereof ("Supplemental Terms")
governing the use of certain specific material contained in OTOGoldMine.com, sets
forth the terms and conditions that apply to use of OTOGoldMine.com by User. By using
"Kanishka Infocom Private Limited" (other than to read this Agreement for the first time), User
agrees to comply with all of the terms and conditions hereof. The right to use
OTOGoldMine.com is personal to User and 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 Agreement. User shall be responsible for protecting the
confidentiality of User's password(s), if any.
B. "Kanishka
Infocom Private Limited" shall have the right at any time to change or discontinue any aspect or
feature of OTOGoldMine.com, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2.
CHANGED TERMS
"Kanishka Infocom Private Limited" shall have the right at any time to change or modify the terms
and conditions applicable to User's use of OTOGoldMine.com, 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 OTOGoldMine.com, or by electronic or conventional mail, or by
any other means by which User obtains notice thereof. Any use of OTOGoldMine.com by
User after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions.
3. DESCRIPTION OF
SERVICES
Through its Web property, "Kanishka Infocom
Private Limited"
provides User with access to a variety of resources, including download areas,
communication forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the TOU.
4.
EQUIPMENT
User shall be responsible for obtaining and
maintaining all telephone, computer hardware, software and other equipment
needed for access to and use of OTOGoldMine.com and all charges related thereto.
5. USER CONDUCT
A. User shall use
OTOGoldMine.com for lawful purposes only. User shall not post or transmit through
OTOGoldMine.com 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 offense, give rise to civil
liability or otherwise violate any law, or which, without "Kanishka Infocom
Private Limited" 's
express prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a User that in "Kanishka Infocom Private
Limited" 's
discretion restricts or inhibits any other User from using or enjoying
OTOGoldMine.com
will not be permitted. User shall not use OTOGoldMine.com to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
with "Kanishka Infocom Private Limited".
B. OTOGoldMine.com contains copyrighted
material, trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound, and the
entire contents of OTOGoldMine.com are copyrighted as a collective work under the
Indian copyright laws. "Kanishka Infocom Private Limited" owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. User may 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. User may download copyrighted material for User's
personal use only. Except as otherwise expressly permitted under copyright law,
no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of "Kanishka Infocom Private Limited" and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. User acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
C. User shall
not upload, post or otherwise make available on OTOGoldMine.com any material protected
by copyright, trademark or other proprietary right without the express
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. By submitting material to any public area of OTOGoldMine.com, User
automatically grants, or warrants that the owner of such material has expressly
granted "Kanishka Infocom Private Limited" the royalty-free, 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. User also permits any other User to access, view, store or reproduce
the material for that User's personal use. User hereby grants "Kanishka Infocom
Private Limited"
the right to edit, copy, publish and distribute any material made available on
OTOGoldMine.com by User.
D. The foregoing provisions of Section 5
are for the benefit of "Kanishka Infocom Private Limited", its subsidiaries, affiliates and its
third party content providers and licensors and each shall have the right to
assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may
contain email services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable User to
communicate with others (each a "Communication Service" and collectively
"Communication Services"). User agrees to use the Communication Services only to
post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, User agrees that when using the Communication Services,
User will not:
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
Upload, or otherwise make available, files that
contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless User own or control the rights thereto or have received
all necessary consent to do the same.
Use any material or information, including images or
photographs, which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or
property of another.
Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Services
specifically allows such messages.
Download any file posted by another user of a
Communication Service that User know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading
others.
Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of the Services or other
user or usage information or any portion thereof.
"Kanishka Infocom Private Limited" has no obligation to monitor the
Communication Services. However, "Kanishka Infocom Private Limited" reserves the right to
review materials posted to the Communication Services and to remove any
materials in its sole discretion. "Kanishka Infocom Private Limited" reserves the right to
terminate User’s access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever. "Kanishka Infocom Private
Limited" reserves the right at all times to disclose any information as it
deems necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in "Kanishka Infocom Private Limited"'s sole discretion.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible
for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally
identifiable information in any Communication Services. "Kanishka Infocom
Private Limited" does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, "Kanishka Infocom Private Limited" specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from User’s participation in any Communication Services.
Managers and hosts are not authorized "Kanishka Infocom Private Limited" spokespersons, and
their views do not necessarily reflect those of "Kanishka Infocom Private
Limited".
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User
must complete the registration process by providing "Kanishka Infocom Private
Limited" with
current, complete and accurate information as prompted by the applicable
registration form. User also will choose a password and a user name. User is
entirely responsible for maintaining the confidentiality of User’s password
and account. Furthermore, User is entirely responsible for any and all
activities that occur under User’s account. User agrees to notify "Kanishka
Infocom Private Limited" immediately of any unauthorized use of User’s account or any other
breach of security. "Kanishka Infocom Private Limited" will not be liable for any loss that
User may incur as a result of someone else using User’s password or account,
either with or without User’s knowledge. However, User could be held liable
for losses incurred by "Kanishka Infocom Private Limited" or another party due to someone else
using User’s account or password. User may not use anyone else's account at
any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the
Services ("Software") is the copyrighted work of "Kanishka Infocom
Private Limited" and/or its
suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any Software that
is accompanied by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
The Software is
made available for download solely for use by end users according to the
License Agreement. Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT
ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, "Kanishka Infocom Private Limited" HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR
YOUR CONVENIENCE, "Kanishka Infocom Private Limited" MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
"Kanishka Infocom Private Limited" DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF
THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and will
not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
"Kanishka Infocom Private
Limited" AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART
OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. "Kanishka Infocom
Private Limited" AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL "Kanishka
Infocom Private Limited" AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. "Kanishka Infocom Private Limited" AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE,
DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO
EVENT SHALL "Kanishka Infocom Private Limited" AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO "Kanishka Infocom Private Limited" OR POSTED AT ANY OF ITS WEBSITES
"Kanishka Infocom Private Limited" does not claim ownership of the materials
User provide to "Kanishka Infocom Private Limited" (including feedback and suggestions) or
post, upload, input or submit to any Services or its associated services for
review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting ("Posting") User’s
Submission User is granting "Kanishka Infocom Private Limited", its affiliated companies and
necessary sublicensees permission to use User’s Submission in connection with
the operation of their Internet businesses (including, without limitation, all
"Kanishka Infocom Private Limited" Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat User’s Submission; to publish User’s name in
connection with User’s Submission; and the right to sublicense such rights to
any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as
provided herein. "Kanishka Infocom Private Limited" is under no obligation to post or use any
Submission User may provide and "Kanishka Infocom Private Limited" may remove any Submission at
any time in its sole discretion. By Posting a Submission User warrants and
represents to own or otherwise control all of the rights to User’s Submission
as described in these Terms of Use including, without limitation, all the
rights necessary for User to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in part
("Images"), User warrant and represent that (a) User is the copyright owner of
such Images, or that the copyright owner of such Images has granted User
permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of User’s use and as otherwise
permitted by these Terms of Use and the Services, (b) User have the rights
necessary to grant the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of Use,
including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, User is
granting (a) to all members of User’s private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use User’s Images in connection with the
use, as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat User’s
Images without having User’s name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time User
completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time User completely remove such Images. No compensation
will be paid with respect to the use of User’s Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A.
USER EXPRESSLY AGREES THAT USE OF OTOGoldMine.com IS AT USER'S SOLE RISK. NEITHER
"Kanishka Infocom Private Limited", ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
OTOGoldMine.com WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF OTOGoldMine.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH OTOGoldMine.com.
B. OTOGoldMine.com IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT "Kanishka
Infocom Private Limited" IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL "Kanishka
Infocom Private Limited", OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING OTOGoldMine.com OR THE "Kanishka Infocom Private Limited" SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE OTOGoldMine.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO
THE TERMS SET FORTH ABOVE NEITHER, "Kanishka Infocom Private Limited", NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
OTOGoldMine.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A
STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. "Kanishka Infocom
Private Limited", ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY
FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, "Kanishka
Infocom Private Limited", NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF
THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE
– NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE
DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT
AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES,
NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY
ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15)
DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE
SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL
LET YOU LEAVE "Kanishka Infocom Private Limited"'S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF "Kanishka Infocom Private Limited" AND "Kanishka Infocom Private
Limited" IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. "Kanishka Infocom Private Limited" IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
"Kanishka Infocom Private Limited" IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY "Kanishka Infocom
Private Limited" OF
THE SITE.
"Kanishka Infocom Private Limited" is a distributor (and not a
publisher) of content supplied by third parties and Users. Accordingly,
"Kanishka Infocom Private Limited" has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by third
parties, including information providers, Users or any other user of
OTOGoldMine.com, are those of the respective author(s) or distributor(s) and not of
"Kanishka Infocom Private Limited". Neither "Kanishka Infocom Private Limited" nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through
OTOGoldMine.com
represents the opinions and judgments of the respective information provider,
User, or other user not under contract with "Kanishka Infocom Private Limited".
"Kanishka Infocom Private Limited" neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on OTOGoldMine.com by anyone other than
authorized "Kanishka Infocom Private Limited" employee spokespersons while acting in their
official capacities. Under no circumstances will "Kanishka Infocom Private
Limited" be liable
for any loss or damage caused by a User's reliance on information obtained
through OTOGoldMine.com. It is the responsibility of User to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other
content available through "Kanishka Infocom Private Limited". Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
14.
UNSOLICITED IDEA SUBMISSION POLICY
"Kanishka Infocom
Private Limited" OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR
OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN "Kanishka Infocom Private Limited"'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO "Kanishka Infocom Private Limited". SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO "Kanishka Infocom Private Limited" OR ANYONE AT
"Kanishka Infocom Private Limited".
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT "Kanishka Infocom Private Limited" MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
"Kanishka Infocom
Private Limited"
shall have the right, but not the obligation, to monitor the content of
OTOGoldMine.com, including chat rooms and forums, to determine compliance with this
Agreement and any operating rules established by "Kanishka Infocom Private
Limited" and to
satisfy any law, regulation or authorized government request. "Kanishka
Infocom Private Limited" shall have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on OTOGoldMine.com. Without limiting
the foregoing, "Kanishka Infocom Private Limited" shall have the right to remove any material
that "Kanishka Infocom Private Limited", in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
16.
INDEMNIFICATION
User agrees to defend, indemnify and
hold harmless "Kanishka Infocom Private Limited", its affiliates and their respective
directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of the use of "Kanishka
Infocom Private Limited" by User or User's Account.
17. TERMINATION
Either "Kanishka Infocom Private Limited" or User may terminate this Agreement
at any time. Without limiting the foregoing, "Kanishka Infocom Private
Limited" shall have the
right to immediately terminate User's Account in the event of any conduct by
User which "Kanishka Infocom Private Limited", in its sole discretion, considers to be
unacceptable, or in the event of any breach by User of this Agreement.
18. MISCELLANEOUS
This Agreement
and any operating rules for OTOGoldMine.com established by "Kanishka Infocom
Private Limited"
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be
construed in accordance with the laws of the India,
without regard to its conflict of laws rules. No waiver by either party 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.
19. COPYRIGHT NOTICE
"Kanishka Infocom Private
Limited" its logos
are trademarks of "Kanishka Infocom Private Limited" Ltd. All rights reserved. All other
trademarks appearing on "Kanishka Infocom Private Limited" are the property of their respective
owners.
20. TRADEMARKS
The
names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products,
domain names, email addresses, logos, people and events depicted herein are
fictitious. No association with any real company, organization, product,
domain name, email address, logo, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are
reserved.