(i) www.baysidejournal.com is an Internet based portal owned and operated by ADPL, a company incorporated under the laws of India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by ADPL at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
(i) The Website is an online news platform that acts as an online news portal for its registered Contributors and Users for submission of and access to news feeds and provides options for real time interaction through comments and feeds etc. (“Services“). The Services are offered to the Users through various modes. The submission of the news feeds on the Website shall be governed by the Submission Terms as contained hereunder (“Submission Terms“).
(ii) You agree and acknowledge that ADPL is not the originator of the news feeds or comments and posts contained in the Website and ADPL shall not, exceot to the extent provided hereunder, control the contents of the news feeds or comments. ADPL is only facilitating an online platform for submission and access to various news feeds to You from the Contributors (defined hereafter) by providing the Services to You.
- Eligibility to Use
(i) You hereby represent that You are of legal age to form a binding contract with ADPL and are not a person barred from receiving services under the laws as applicable in India.
(ii) The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the ADPL system by ADPL for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by ADPL through Your legal guardian in accordance with the applicable laws.
(iii) You acknowledge that ADPL reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
(iv) You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another third party.
(i) If so You wish to be a registered contributor and wishes to provide various news feeds on the Website and avail the Service of ADPL to provide your news feeds to the Users through the Website (“Contributor”), You shall be required to enter into an arrangement with ADPL and adhere to the “Submission Term” prescribed by ADPL.
5. User Account, Password, and Security
(i) You shall avail the Services made available by ADPL either by creating an Account (“Registered User”) or without an Account (“Free User”). However, You acknowledge that, being a Free User You may not be able to enjoy all the Sevrices as provided by ADPL.
(iii) You are not required to pay any fee or charge for creation of the Account with ADPL.
(iv) You acknowledge that You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your User Account. You agree to (a) immediately notify ADPL of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your User Account at the end of each session. ADPL cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. Further, You understand that You may be held liable for losses incurred by ADPL or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
(v) You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
(vi) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ADPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ADPL has the right to suspend or terminate Your User Account and refuse any and all current or future use of the Website (or any portion thereof.
6. Content Disclaimer
(i) ADPL strives to provide You with the most accurate and credible news and information possible. However, You agree and acknowledge that, ADPL is not the originator of the contents of any news feds and information contained and therefore, ADPL shall not be liable for any inaccuracy or false information contained in any news feeds or posts or comments given by any Contributor and/or User. You further agree and acknowledge that though ADPL does not generate any news feeds/posts/comments or any information contained in the Website, ADPL reserves the right to modify or delete any inappropriate or defamatory content, either upon receipt of notice of intimation from any User or on its own. The question as to whether any news feeds/posts/comments or information is inappropriate or defamatory shall be decided by ADPL and its decision shall be final.
7. User Obligations
(ii) In the event the Website allows You to post and upload any material including but not limited to news feeds or comments, on the Website, You hereby undertake to ensure that such material is not offensive and are in compliance with all applicable laws in India. Further, You undertake not to:
- a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- b) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- d) Upload files, material or any information in violation of the intellectual property rights of another person;
- e) Upload files, material or any information in violation of any confidentiality agreement with respect to a third party;
- f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- g) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- h) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any ADPL server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- i) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of ADPL, including any ADPL Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website
- j) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- k) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- l) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- n) Conduct or forward surveys, contests, pyramid schemes or chain letters;
- o) 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;
- p) Violate any code of conduct or other guidelines or applicable laws in India, which may be applicable for or to any particular Service;
- q) Violate any applicable laws or regulations for the time being in force within or outside India; and
(iv) You should take all responsibility for your own actions in utilizing the Services and ADPL shall not be liable for any such action.
(v) You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
(vi) You agree to strictly adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website in accordance with the terms hereof.
(vii) You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by ADPL. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- (viii) You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. ADPL disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under the terms hereof.
- Use of Materials and Intellectual Property Rights
- (ii) The trademarks, logos and service marks displayed on the Website (“Marks“) are the property of ADPL. You are shall not use the Marks, in any manner whatsoever, without the prior consent of ADPL.
- (iii) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, You understand and agree that ADPL owns all intellectual property rights to and into the trademark “ADPL”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- (iv) Except as expressly provided herein, You acknowledge and agree that You shall not use, in any manner whatsoever, any Content through any medium without obtaining the necessary authorization from ADPL or third party owner of such Content. You agree that by use of the Website or by availing the Services You shall not obtain any right or interest on the materials and Content.
- (v) You also acknowledge that any violation of the intellectual property rights of ADPL may expose You to legal proceedings in this regard.
- (vi) Except as expressly indicated to the contrary in any applicable Additional Terms, ADPL hereby grants You a non-exclusive, freely revocable (upon notice from ADPL), non-transferable access to view, download and print the contents or any other materials available on the Website, subject to the following conditions:
- b) You may not modify or alter any Content or any other materials available on the Website; and
- c) You may not distribute or sell, rent, lease, license or otherwise make the Content or any other materials available on the Website available to any third party;
- (vii) The rights granted to You as above are limited to the Content or any other materials as specified therein. You acknowledge that the design, layout or look and feel of the Website are the intellectual property of ADPL as specified hereunder and shall not be copied or imitated in whole or in part. You further agree that any act by You in violation of the permitted use or infringing the intellectual property of ADPL shall give a right to ADPL to initiate legal proceedings against You.
- (viii) Any use of the Contents or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any material or Content or Services purchased by the User will not be sold, resold, or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or materials available are not transferable to any third party for profit.
- Third Party Content
- (i) The Website makes available general third party information such as, product and service catalogues, advertisements including videos, images and photographs of various products and/or services and other data from external third party sources (“Third Party Content“). The provision of Third Party Content is for general informational or advertisement purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. ADPL does not provide any guarantee with respect to any the Third Party Content and ADPL shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
- Disclaimer Of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- (i) the Website, Services, Content and other materials are provided by ADPL on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of accuracy, reliability or fitness for a particular purpose.
- (iii) ADPL will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.
- (iv) ADPL also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
- (v) ADPL will not be liable for any loss that You may incur as a consequence of unauthorized use of Your User Account or Account Information in connection with the Website or any Services or materials, either with or without Your knowledge.
- (vi) ADPL has endeavored to ensure that all the information on the Website is correct, but ADPL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information or service.
- (vii) ADPL shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond ADPL’s control.
- (viii) The advertisement available on Website or sent through e-mail to You with respect to the third party website or the products and services are for information purpose only. ADPL shall not be liable for such third party products or service or content.
- Indemnification and Limitation of Liability
- (iii) In no event shall ADPL, its officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
- (iv) The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws in India.
- (iii) Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your User Account (or any part thereof); and (iii) barring of further use of the Services.
- Complaint Mechanism
- (ii) Upon receiving Your intimation letter, ADPL shall verify the authenticity and the nature of the complaint and if ADPL is convinced that the complaint is genuine, it shall forthwith take necessary steps which includes without limitation removal of such posts/new feed/ comments, deletion of the account of such offender and/or such other steos a sare deemed appropriate by ADPL. However, in the event of frivolous and baseless complaints, ADPL reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by ADPL in this regard.
- a) ADPL is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
- b) The provision of the Services to You by ADPL is, in ADPL’s opinion, no longer commercially viable;
- c) ADPL has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
- (iii) ADPL may also terminate or suspend all or a portion of Your User Account or access to the Services with or without reason.
- (iv) You agree that all terminations shall be made at the sole discretion of ADPL and that ADPL shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
- Governing Law
- Report Abuse
- (i) Upon your express consent by way of clicking on the check box provided by ADPL for this purpose, You expressly agree to receive communications (including promotional materials) by way of telephones, SMS, e-mails from ADPL relating to Services provided through the Website.
- General Provisions
If you do not agree with the Submission Terms, please do not access the Website for any services.
- (i) The Website is an online news platform that acts as an online news portal for its registered Contributors and Users for submission of and access to news feeds offered by its registered contributors (“Contributors”) and provides options for real time interaction through comments and feeds etc. (“Services“)
- (ii) You acknowledge and understand that the Contributors provide the various news feeds and ADPL is not the originator of the news.
- (iii) You acknowledge that ADPL has the right to change or discontinue any Service at any time, without notice. You further acknowledge that ADPL may add or modify the procedures, modes, processes or conditions of Services at any time to adapt to changes that ADPL may make to its Services. You agree that ADPL shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services. Further, You understand that it is Your responsibility to familiarize Yourself with the Submission Terms before any Service availed through the Website and ADPL shall not be responsible to intimate You of any changes or modification made to the terms hereunder.
- (i) In consideration of the rights granted herein, on condition that You shall comply with the terms provided hereunder, your news feeds and contributions (collectively“Contributions”) will be posted on the Website.
- (ii)Eligibility: You hereby represent that You are of legal age to form a binding contract with ADPL and are not a person barred from receiving services under the laws as applicable in India. If you are under 18 years of age, you must get a parent or guardian’s permission before making any Contribution, in the form and manner given by ADPL on its Website.
- (iii) All Contributions such as material, video, text or audio needs to be submitted via ADPL’s bona fide interface/ link provided to the Contributor.
- (iv) When You submit any Contribution to the Website, whether that includes text, photographs, graphics, video or audio in any format, you agree by submitting your Contribution to grant ADPL a perpetual, irrevocable, royalty-free, non-exclusive sub licensable right and licence to use, reproduce, modify, adapt, publish, translate, with respect to your Contribution worldwide and/or to incorporate your Contribution in other works in any media now known or later developed to the full term of any rights that may exist in your Contribution. If you do not wish to grant these rights please do not submit your Contribution.
- (v) By submitting any Contribution to the Website You warrant that Your Contribution is Your own original work and that You have the right to make it available to ADPL for all purposes and to grant the right and licence referred to above.
- (vi) You warrant that:
- Your Contribution is not defamatory and does not infringe any applicable laws or any third person’s rights including but not limited to those rights arising under any intellectual property; and
- You have taken all possible care to ensure that your Contribution will not attract any complaint.
- Contribution submitted by You is original, not copied or plagarised , and has not been submitted to any other third party or published in any other forum before.
- You have verified and authenticated the accuracy, authenticity and reliability of the Contribution and if and when demanded by ADPL, You shall submit the proof of the same to ADPL. You further agree that You shall indemnify ADPL against any loss of reputation or financial lawsuit etc. resulting out of inadequately researched or untrue content of any Contribution.
- The Contribution shall, once submitted, remain the property of ADPL.
- (vii) You shall indemnify ADPL against all damages, legal fees and others expenses that may be incurred by it as a result of any breach of warranty.
- (viii) You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the Website. Contributions must be civil and tasteful.
The following are examples (but not an exhaustive list) of behaviour/action which is prohibited:-
- Anything abusive or threatening
- Material which is sexist, racist, homophobic, obscene or likely to harass or cause distress or be disruptive
- Multiple posting
- (ix) You agree that should any Contribution by you be deemed, in ADPL’s sole judgment, to fall within these categories, or to be undesirable in any way for the good running of the Website or its reputation, or for any other reason, ADPL reserves the right to delete such Contribution and/ or to block any further Contributions by the email address or IP address that you have used to make such Contribution without notice or explanation.
- (x) You must not reveal any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email and IP addresses will be traceable, and your user name and/or other images displayed on other sites such as Facebook may be displayed if, for example, your Contribution has been sent from your account on another social networking site.
- (xi) You may not copy, reproduce, re-publish, download, post broadcast, transmit, make available to the public or otherwise use the content of the Website in any way except for your own personal, non-commercial use, not to adapt or create a derivative work from any content except for your own personal non-commercial use.
- (xii) To the extent permissible in law, ADPL will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise) loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.
- (xiii) ADPL does not warrant that the functions contained in the Website will be uninterrupted or error free or that the server which makes it available are free of viruses or bugs.
- (xiv) You agree to ADPL, at its sole discretion, publishing rewording or categorizing Contributions, whether by means of ranking them according to their popularity or by any other criteria.
- (xv) The names, images and logos identifying ADPL or third parties in their products and services are subject to copyright, design rights and trademarks of ADPL and/or third parties. Nothing contained in these Terms should be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of ADPL or any third party.
(xvi) You should take all responsibility for your own actions in utilizing the Services and ADPL shall not be liable for any such action.
(i) Once submitted, ADPL does not control, endorse or accept responsibility for any Contribution made by You. ADPL makes no representations or warranties whatsoever about the veracity and accuracy of the Contribution, and shall not be liable for, any claim by third party or authority under law.
(ii) You understand and agree that ADPL owns all intellectual property rights to and into the trademark “ADPL”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Nothing contained herein shall grant any right or interest in any intellectual property right in Your favor.