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TERMS
1.
Definitions.
“Thinaboomi Services" is the interactive
on-line service operated by Thinaboomi Tamil daily Newspaper
on the World Wide Web of the Internet, consisting of
information services and content provided by Thinaboomi,
affiliates of Thinaboomi and other third parties. "Subscriber"
means each person who establishes or accesses a connection
("Account") for access to and use of Thinaboomi
Services.
2. General.
(A) By using Thinaboomi Services
(other than to read this Agreement for the first time),
Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use Thinaboomi Services is
personal to Subscriber and is not transferable to any other
person or entity. Subscriber is responsible for all use of
Subscriber's Account (under any user name or password) and for
ensuring that all use of Subscriber's Account complies fully
with the provisions of this Agreement. Subscriber shall be
responsible for protecting the confidentiality of Subscriber's
password(s), if any.
(B) Thinaboomi shall have the right at
any time to change or discontinue any aspect or feature of
Thinaboomi Services, including, but not limited to, content,
hours of availability, and equipment needed for access or
use.
3. Changed Terms.
Thinaboomi shall have the right
at any time to change or modify the terms and conditions
applicable to Subscriber's use of Thinaboomi Services, 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 Thinaboomi Services,
or by electronic or conventional mail, or by any other means
by which Subscriber obtains notice thereof. Any use of
Thinaboomi Services by Subscriber after such notice shall be
deemed to constitute acceptance by Subscriber of such changes,
modifications or additions.
4. Equipment.
Subscriber
shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for
access to and use of Thinaboomi Services and all charges
related thereto.
5. Subscriber Conduct.
(A) Subscriber
shall use Thinaboomi Services for lawful purposes only.
Subscriber shall not post or transmit through Thinaboomi
Services 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 Thinaboomi's express prior approval, contains
advertising or any solicitation with respect to products or
services. Subscriber shall not use Thinaboomi Services 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 Thinaboomi Services.
(B) Thinaboomi Services 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 Thinaboomi Services are copyrighted as a
collective work under the India copyright laws. Thinaboomi
owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content
original to it. Subscriber 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. Subscriber may download copyrighted material for
Subscriber'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 Thinaboomi 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. Subscriber acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
(C)
Subscriber shall not upload, post or otherwise make available
on Thinaboomi Services 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 Subscriber.
Subscriber 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 Thinaboomi Services, Subscriber
automatically grants, or warrants that the owner of such
material has expressly granted Thinaboomi 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. Subscriber
also permits any other Subscriber to access, view, store or
reproduce the material for that Subscriber's personal use.
Subscriber hereby grants Thinaboomi the right to edit, copy,
publish and distribute any material made available on
Thinaboomi Services by Subscriber.
6. Disclaimer of
Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY
AGREES THAT USE OF THINABOOMI SERVICES IS AT SUBSCRIBER'S SOLE
RISK. NEITHER THINABOOMI, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THINABOOMI SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THINABOOMI
SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
THINABOOMI SERVICES.
(B) THINABOOMI SERVICES 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.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THINABOOMI IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN
NO EVENT WILL THINABOOMI, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THINABOOMI SERVICES OR THE
THINABOOMI SERVICES 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 THINABOOMI SERVICES. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON THINABOOMI SERVICES.
(E) IN ADDITION TO
THE TERMS SET FORTH ABOVE NEITHER, THINABOOMI, 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
THINABOOMI SERVICES, 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. PRIOR TO THE EXECUTION OF A
STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR
OTHER INFORMATION. THINABOOMI, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, THINABOOMI 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.
7.
Monitoring.
Thinaboomi shall have the right, but not the
obligation, to monitor the content of Thinaboomi Services, to
determine compliance with this Agreement and any operating
rules established by Thinaboomi and to satisfy any law,
regulation or authorized government request. Thinaboomi shall
have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on Thinaboomi
Services. Without limiting the foregoing, Thinaboomi shall
have the right to remove any material that Thinaboomi, in its
sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
8.
Indemnification.
Subscriber agrees to defend, indemnify and
hold harmless Thinaboomi, 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 Thinaboomi Services by Subscriber or Subscriber's
Account.
9. Termination.
Either Thinaboomi or Subscriber
may terminate this Agreement at any time. Without limiting the
foregoing, Thinaboomi shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by
Subscriber which Thinaboomi, in its sole discretion, considers
to be unacceptable, or in the event of any breach by
Subscriber of this Agreement. The provisions of Sections 5(B),
5(C), 5(D), 6, 8, 10 and this Section 9 shall survive
termination of this Agreement.
10.
Trademarks.
Thinaboomi, Thinaboomi Services, and each of
their logos are trademarks of Thinaboomi Company. All rights
reserved. All other trademarks appearing on Thinaboomi
Services are the property of their respective owners.
11.
Third Party Content.
Thinaboomi is a distributor (and not a
publisher) of content supplied by third parties and
Subscribers. Accordingly, Thinaboomi 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, Subscribers or any other user of Thinaboomi
Services, are those of the respective author(s) or
distributor(s) and not of Thinaboomi. Neither Thinaboomi 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. (Refer
to Section 6 above for the complete provisions governing
limitation of liabilities and disclaimers of warranty.)
In
many instances, the content available through Thinaboomi
Services represents the opinions and judgments of the
respective information provider, Subscriber, or other user not
under contract with Thinaboomi. Thinaboomi neither endorses
nor is responsible for the accuracy or reliability of any
opinion, advice or statement made on Thinaboomi Services by
anyone other than authorized Thinaboomi employee spokespersons
while acting in their official capacities. Under no
circumstances will Thinaboomi be liable for any loss or damage
caused by a Subscriber's reliance on information obtained
through Thinaboomi Services. It is the responsibility of
Subscriber to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other
content available through Thinaboomi Services. Please seek the
advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or
other content.
12. Miscellaneous.
This Agreement and any
operating rules for Thinaboomi Services established by
Thinaboomi 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. 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.
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Thinaboomi
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Copyright © 2007 Thinaboomi
Publications. All rights
reserved. |
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