|
VISWAYAN WEB SITE
TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND BIKSHAN
The
Viswayan Web Site is comprised of various Web pages run by Bikshan
or its affiliates.
The
Viswayan Web Site is offered to users on the following conditions
strictly without any modifications contained herein. Your use of the
Viswayan Web Site will automatically constitute entering the
agreement to all such terms, conditions of use.
The
Viswayan Web Site may itself contain such other additional terms
that govern particular features (for example, bangla-e-mail or
Bangla chat).
The
terms of this agreement which are contradictory or restructure to
the Additional Terms or guidelines contained with the particular
feature of Viswayan Web Site, shall prevail and applicable over this
general terms to such particular feature.
PERSONAL INFORMATION (PRIVACY AND
PROTECTION)
See the
Privacy Statement at privacy policy
statements for information relating to use and
collection.
DEFINITION AND MEANING
USER - Any person desirous to use/view the viswayan
web site.
BIKSHAN - A firm wholly owned by Indians and is the
owner of VISWAYAN WEB SITE
VISWAYAN WEB SITE - is a web site wholly owned and
operated promoted and run by BIKSHAN for user keen to read
bengali literature and to know about Bengali culture.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a
particular Viswayan Service requires user to open a seperate
account, the user must complete the registration process by
providing with current, full and precise information as prompted by
the applicable registration form. The user has to choose a seperate
password and a seperate user name. User is fully tide to
maintain the confidentiality of the password and account. The user
will be entirely responsible for any and all activities that occur
under his account. User must notify Bikshan immediately of any
unauthorized use of his account or any other breach of security.
Bikshan will not be liable for any loss that user may incur as a
result of unauthorized use of users password or account, either with
or without users knowledge. The user would be held liable for loss
or damage incurred by Bikshan or another party due to unauthorized
use of users account or password. The user should not make any
unauthorizeduse of other users account.
MODIFICATION OF THESE TERMS OF USE
Bikshan
reserves the right to alter the terms, conditions under which the
Viswayan Site/Services are offered without notices, including but
not limited to the charges associated with the use of the Viswayan
Site/Services. User is to regularly review these terms and
conditions and additional terms posted on particular websites. User
continues or procedes use of the Viswayan Site/Services constitutes
entering agreement to all such terms, conditions, and
notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless
otherwise specified, the Viswayan Site/Services are strictly
personal and non-commercial use. The user shall not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the Viswayan
Site/Services.
USE
OF SERVICES
The
Viswayan Site/Services may also contain e-mail services, bulletin
board services, chat areas, forums, communities, calendars and/or
other message or communication facilities designed to enable user to
communicate with others (collectively, "Communication Services").
User is to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
relate to the particular Communication Service. Example, and not as
a limitation, user agree that when using a Communication Service, he
will not:
-
Use
the Communication Service 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, infringing, obscene, indecent
or unlawful topic, name, material or information.
-
Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy
of publicity) unless the user has obtained written authority to
control the rights thereto or have received all necessary consents
to do the same.
-
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 or Viswayans services.
-
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service
specifically allows such messages.
-
Download any file posted by another user of a Communication
Service that user knows, or reasonably should know, cannot be
legally distributed in such manner.
-
Falsify or delete any 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 e-mail 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 an Viswayan Site/Service(s) or other user or usage information or any portion
thereof.
Bikshan
shall not monitor the Communication Services. However, Bikshan
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Bikshan
reserves the right to terminate,monitor or clog user's access to any
or all of the Communication Services at any time, without notice,
for any reason whatsoever.
Bikshan
reserves the right at all times to disclose any information as
Bikshan 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
Bikshan's sole discretion.
The
User shall with caution care disclosing personal identifying
information about himself or his family members in any communication
service. Bikshan does not control or endorse the content, messages
or information found in any Communication Service and, therefore,
Bikshan specifically disclaims any liability with regard to the
Communication Services and any actions resulting from user's
participation in any Communication Service. Managers and hosts
unless otherwise authorized are not authorized Bikshan
spokespersons, and their views do not necessarily reflect those of
Bikshan.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination,
user is responsible for adhering to such limitations if user
download the materials.
NO
UNLAWFUL OR PROHIBITED USE
As a
condition of user shall not use the Viswayan Site/Services, for any
purpose that is unlawful defamatory or prohibited by these terms,
conditions. User may not use the Viswayan Site/Services in any
manner which could damage, disable, overburden, or impair any
Viswayan Site/Service(s) (or the network(s) connected to any
Viswayan Site/Service(s)) particular feature or interfere with any
other party's use and enjoyment of any Viswayan Site/Service(s).
User shall not try to gain unauthorized access to any Viswayan
Site/Service, other accounts, computer systems or networks connected
to any Viswayan Site/Service, through hacking, password mining or
any other means. User shall not attempt to obtain any materials or
information through any means not intentionally made available
through the Viswayan Site/Services.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE VISWAYAN
SITES/SERVICES
All
content and software (if any) that is made available to view and/or
download in connection with the Viswayan Site/Services, excluding
content and/or software that may be made available by end-users
through a Communication Service, ("Software") is owned by and is the
copyrighted work of Bikshan and/or its suppliers and is protected by
copyright laws and international treaty provisions. User 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"). User shall not install or use any Software that is
accompanied by or includes a License Agreement unless user first
agree to the License Agreement terms.
For any
Software not accompanied by a license agreement, Bikshan hereby
grants to user, the user, a revocable personal, non-transferable
permission to use the Software for viewing and otherwise using the
particular Viswayan Site/Service only and in accordance with these
Terms of Use, and for no other purpose provided that user keep
intact all copyright and other proprietary notices. Any reproduction
or redistribution of the content and/or Software 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 CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
User must acknowledge and ensure that the Software, and any
accompanying documentation and/or technical information, is subject
to applicable export control laws and regulations of India. User
shall not export or re-export the Software, directly or indirectly,
to any countries that are subject to Indian export
restrictions.
MATERIALS PROVIDED TO BIKSHAN OR POSTED AT ANY VISWAYAN
WEB SITE
Bikshan
does not claim ownership of the materials user provide to Bikshan
(including feedback and suggestions) or post, upload, input or
submit to any Viswayan Site/Service or its associated services for
review by the general public (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitted user Submission users are granting Bikshan, its
associates and necessary sublicensees/permission to use user's
Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat user's Submission; and to publish
user's name in connection with user's Submission.
No
compensation/remuneration/prize will be paid with respect to the use
of user's Submission, as provided herein. Bikshan is under no
obligation to post or use any Submission user may provide and
Bikshan may remove any Submission at any time in its sole
discretion.
By
posting, uploading, inputting, providing or submitting user's
Submission user warrant and represent that user own or otherwise
control all of the rights to user's Submission as described in this
section including, without limitation, all the rights necessary for
user to provide, post, upload, input or submit the
Submissions.
LINKS TO THIRD PARTY WEB SITES
The
Viswayan Site/Services may contain links to third party Web sites
("Linked Site"). The Linked Site are not under the control of
Bikshan and Bikshan is not responsible for the contents of any
Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Bikshan is
not responsible for webcasting or any other form of transmission
received from any Linked Site nor is Bikshan responsible if the
Linked Site is not working appropriately. Bikshan is providing these
links to user only as a convenience, and the inclusion of any link
does not imply endorsement by Bikshan of the site or any association
with its operators. Users are responsible for viewing and abiding by
the privacy statements and terms of use posted at the Linked Site.
Any
dealings with third parties (including advertisers) included within
the Viswayan Site/Services or participation in promotions, including
the delivery of and the payment for goods and services, and any
other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between user and the
advertiser or other third party. Bikshan shall not be responsible or
liable for any part of any such dealings or promotions.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VISWAYAN
SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE VISWAYAN SITE/SERVICES AND TO
THE INFORMATION THEREIN. BIKSHAN AND/OR ITS RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE VISWAYAN SITE/SERVICES AT
ANY TIME. ADVICE RECEIVED VIA THE VISWAYAN SITE/SERVICES SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO USERR SITUATION.
BIKSHAN
TECHNOLOGIES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK
OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN THE VISWAYAN SITE/SERVICES FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BIKSHAN AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
USER
SPECIFICALLY AGREE THAT BIKSHAN SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR
DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH VISWAYAN SITE/SERVICE. USER
SPECIFICALLY AGREE THAT BIKSHAN IS NOT RESPONSIBLE OR LIABLE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. USER SPECIFICALLY AGREE THAT
BIKSHAN IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN VISWAYAN SITE/SERVICE BY ANY THIRD PARTY.
IN NO
EVENT SHALL BIKSHAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE VISWAYAN SITE/SERVICES, WITH THE
DELAY OR INABILITY TO USE THE VISWAYAN SITE/SERVICES OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH VISWAYAN SITE/SERVICES, OR OTHERWISE ARISING OUT OF
THE USE OF VISWAYAN SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BIKSHAN OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO USER. IF USERS ARE DISSATISFIED
WITH ANY PORTION OF THE VISWAYAN SITE/SERVICES, OR WITH ANY OF THESE
TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE VISWAYAN SITE/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
The
amount of storage space per user is limited for each Viswayan
Site/Service which provides such storage, please visit the
applicable FAQ pertaining to that service for more information. Some
messages may not be processed due to space constraints or outbound
message limitations. User agrees that Bikshan is not responsible or
liable for the deletion or failure to store messages or other
information.
SERVICE CONTACT: webmaster@viswayan.com
TERMINATION/ACCESS RESTRICTION
Bikshan
reserves the right, in its sole discretion, to terminate user's
access to any or all Viswayan Site/Services and the related services
or any portion thereof at any time, without notice.
Bikshan
may also terminate or suspend user's access to Viswayan Site/Service(s) for inactivity, which is defined as failing to log
into a particular service for an extended period of time, as
determined by Bikshan. The amount of time that Bikshan currently
considers as an "extended" period of time may be viewed in the FAQ
relating to the particular service. Upon termination of the Viswayan
Site/Service, userr right to use the Viswayan Site/Service
immediately ceases.
Bikshan
shall have no obligation to preserve/document any content or to
forward any unread or unsent messages to user or any third
party.
NO
SPAM; DAMAGES
Bikshan
will immediately terminate any account which it believes, in its
sole discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In addition, because damages
are often difficult to quantify, if actual damages cannot be
reasonably calculated then user agree to pay Bikshan liquidated
damages of $10 for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with userr account,
otherwise user agrees to pay Bikshan's actual damages, to the extent
such actual damages can be reasonably calculated.
LANGUAGE
It is
the express will of the parties that this agreement and all related
documents have been drawn up in English. C'est la volonté expresse
des parties que la présente convention ainsi que les documents qui
s'y rattachent soient rédigés en anglais.
GENERAL
This
agreement is governed by the laws of the Union of INDIA. User hereby
irrevocably consents to the exclusive jurisdiction and venue of
courts in 24-Parganas(South) , West Bengal, India, and all disputes
arising out of or relating to the use of the Viswayan Site/Services.
Use of the Viswayan Site/Services is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
User must agrees not to have any joint venture, partnership,
employment, or agency relationship exists between user and Bikshan
as a result of this agreement or use of the Viswayan Site/Services.
User agrees to indemnify and hold Bikshan, its parents,
subsidiaries, affiliates, assigns, officers and employees, harmless
from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of user's
use of or conduct on the Viswayan Site/Services. Bikshan reserves
the right to disclose any personal information about user or user's
use of the Viswayan Site/Services, including its contents, without
user's prior permission if Bikshan has a good faith belief that such
action is necessary to: (1) conform to legal requirements or comply
with legal process; (2) protect and defend the rights or property of
Bikshan or its affiliated companies; (3) enforce the terms or use;
or (4) act to protect the interests of its members or others.
Bikshan's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of Bikshan's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the
Viswayan Site/Services or information provided to or gathered by
Bikshan with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Bikshan with
respect to the Viswayan Site/Services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
spoken or written, between the user and Bikshan with respect to the
Viswayan Site/Services. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and
maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All
contents i.e. design, text contents, illustration,drawings,images,
musics, titles etc. of the Viswayan Web Site are: Copyright (c) 2002
Bikshan and/or its suppliers, Deshbandhu Park, P.O: Sonarpur,
24-Parganas(South),West Bengal, INDIA. All rights reserved.
TRADEMARKS. Bikshan, Viswayan, Viswayan.com, bangla-e-mail
and/or other Bikshan products referenced herein are either
trademarks or registered trademarks of Bikshan. The names of actual
companies and products mentioned herein may be the trademarks of
their respective owners.
The
example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any
rights not expressly granted herein are reserved.
FOR
INFORMATION REGARDING THE VISWAYAN.COM PRIVACY STATEMENT CLICK
HERE.
|
