Terms and Conditions - Dainik Samvaad

User Agreement

A. INFORMATION SUPPLIED BY USERS

Registration data:

These Terms of Use govern your use of the websites, content and community services offered through http://www.dainiksamvaad.com (“Site”), any mobile or internet connected device or otherwise (the “the Service”).

These terms of use (Terms) constitute a legally binding agreement between you and the Company regarding your use of the web site and / or app i.e., www.dainiksamvaad.com (the Site) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the “the Service”).

By accessing the Site or Service and / or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions.

While individuals under the age of 18 may utilise the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.

You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.

Definition of “User” or “You”: means any person who accesses or avails of this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.

We May Discontinue or Suspend our Site or Terminate Use

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice without any liability whatsoever. Dainik Samvaad reserves the right to suspend / cancel, or discontinue any or all channels, categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

Dainik Samvaad shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that Dainik Samvaad, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. Hence, all articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all copyright notices / restrictions on our site.

Dainik Samvaad shall moderate the comment threads.

Charges

Dainik Samvaad reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.

Voluntary Contributions

Voluntary Contributions shall mean a donation to benefit a cause. The donation referred to here would be in monetary terms

Special Campaign/Competitions/ Cash Prize

Special Campaign/Competitions shall mean contests, sweepstakes, or giveaways to generate leads for the business .

That for gaining entry / access to special campaigns / competition, the participant has to pay entry fee/participation fee as specified in the Special Campaign/Competition notification and such fees shall be subjected to applicable taxes (both Income Tax & Goods and Services Tax) along with surcharge and cess. Entry Fee/Participation Fee is non-refundable.

Limit one entry per person. You shall not use multiple accounts/methods to enter the special campaigns / competition, and a participant who submits entries through multiple accounts/methods will be disqualified.

Terms and Conditions specific to each Competition are displayed in a notice and same shall be accessible on our web page (the “Competition Notice”) and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.

By entering the competition, a participant is indicating his/her agreement to be bound by the terms and conditions mentioned herein and in the Competition Notice or any other additional terms and conditions as may be notified by Dainik Samvaad.

That Dainik Samvaad shall have the right, at its sole discretion and at any time, to change or modify terms and conditions of the competition, such change shall be effective immediately upon posting to this webpage.

Cash Prize shall mean a Cash award to be given to a person, a group of persons or organization to recognise and reward actions or achievements. The cash prize offered under the special campaigns / competitions shall be subjected to the Applicable Taxes (both Income Tax & Goods and Services Tax) along with surcharge and cess and the wining Contestant will receive the cash prize after deduction of all applicable taxes along with surcharge and cess from the cash prize.

The winner will be notified by Email and/or by notification on our web page. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

Dainik Samvaad will notify the winner when and where the prize can be collected / is delivered.

In the event of any dispute regarding conduct, results and all other matters relating to a Competition, our decision will be final and no correspondence or discussion shall be entered into.

That the employees of Dainik Samvaad and/or their group companies, affiliate or associate companies and their relatives/ dependents (First blood/Spouse of immediate member) shall not be eligible to participate in the Special Campaign/Competition. If found otherwise, then Dainik Samvaad reserves the right to forfeit the prize. If an employee of Dainik Samvaad leaves the organization when the Special Campaign/Competition is launched or leave during Special Campaign or Competition Period / before Winner list announcement / after Winner’s list is announced, the employee will not be eligible to participate in the Special Campaign/Competition.

Dainik Samvaad reserves the right to cancel the Competition or amend the terms and conditions of the Competition without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Dainik Samvaad control. Any changes to the competition will be notified to participants as soon as possible by Dainik Samvaad.

Dainik Samvaad(or any third party nominated by Dainik Samvaad) may exercise its sole discretion to use the winner’s (and (if applicable) their companion’s) name, address, and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.

Information and/or data (“personal data”) which is provided by participants when they enter will be held and used by Dainik Samvaad and their suppliers and contractors in order to administer the competition. Participants’ personal data may also be passed to their mobile phone network or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.

Dainik Samvaad cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of Dainik Samvaad.Dainik Samvaad will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.

By participating in the special campaigns / competition, each participant will be legally bound hereby, to release from liability, and hold harmlessDainik Samvaad, and any of its employees or agents representing or related to the company and its products/services. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of promotional prize, in connection with any activity or accommodations for this promotion or directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize or participation in the special campaigns / competition, even if caused or contributed to by our negligence. OnceDainik Samvaad has fulfilled the prize distribution as per the special campaigns / competition rules and regulations, no further liability may be held against its employees or agents. You further agree to abide by all special campaigns / competition rules and regulations, as posted with the special campaigns / competition rules and made available on the company website. Further, you agree to bear all the personal taxation that might arise out of the winnings from this contest and shall not look toDainik Samvaad, and any of its employees or agents for payment of the same and/or any dispute arising from the same.

In the event that any participant does not, or is unable to, comply with and meet these terms and conditions and the Competition Notice,Dainik Samvaad shall be entitled at its sole discretion to disqualify such participant, without any further liability to such participant. In these circumstances, any prize(s) won by the participant may be forfeited andDainik Samvaad reserves the right to reclaim any prize(s) already distributed to the participant. Any participant must comply with any directions given to him or her byDainik Samvaad including but not limited to any and all relevant laws, rules and applicable regulatory codes.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Dainik Samvaad, its parent, affiliates and associates (subject to the rights of our licensors and licensees etc. under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Dainik Samvaad; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Restricted Use of Content

You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. You may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright.

Dainik Samvaad grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on Dainik Samvaad‘s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of Dainik Samvaad, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Sites.

However, you may print or download extracts from these pages for your personal / individual, non-commercial use only provided you keep intact all copyright and other proprietary notices. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

Dainik Samvaad forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for www.thequint.com) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags.

You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish Dainik Samvaad‘s material for distribution should be addressed to [email protected]

Individual Registration, Access and Exchange of Information

For certain services ,registration by the visitor may be required. To register for these services you have to open an account by completing the registration process (i.e. by providing your current, complete and accurate information as prompted by the applicable registration form). You agree to provide and promptly update true, accurate, current and complete information about yourself and if Dainik Samvaad believes such information is untrue, inaccurate, not current, or incomplete, Dainik Samvaad has the right to suspend or terminate your account and refuse any and all current or future use of the Sites by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.

To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: any other person sharing your account and password; Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Dainik Samvaad as users of the Site; or Access through a single account and Password being made available to multiple users on a network.

If Dainik Samvaad reasonably believes that an account and Password is being used / misused in any manner, Dainik Samvaad shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Dainik Samvaad immediately of any unauthorised use of your account or any other breach of security. Dainik Samvaad will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to protect your password or account information. However, you could be held liable for losses incurred by Dainik Samvaad or another party due to someone else using your account or password

Material Posted/transmitted at Dainik Samvaad‘s Site

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and / or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you 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 limitation, the distribution, public display and reproduction of such Images.

Dainik Samvaad accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of Dainik Samvaad and you agree to grant / assign to Dainik Samvaad and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and / or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.

You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.

Dainik Samvaad endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. Members of the general public posts content on such services, and therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.

You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.

Not Responsible For and Not Necessarily Hold the Opinions of our Contributors / Bloggers / Commenters, etc.

Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Dainik Samvaad. Dainik Samvaad is not responsible for the accuracy and completeness of Blogger / Contributor content, neither does it endorse or the guarantee the same, nor accept any obligation or liability for the same. Dainik Samvaad and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor its site for inappropriate or unlawful content.

Dainik Samvaad and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

Notwithstanding the foregoing, Dainik Samvaad reserves the right to block or remove communications, postings or materials at any time in its sole discretion.

Not Responsible for Linked Sites

We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

Prohibited Activities

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You shall not post, display, upload, modify, publish, transmit, update or share any information on the Site, that:

a) Belongs to another person and to which you do not have any right to;
b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or
c) Harm minors in any way;
d) Infringes any patent, trademark, copyright or other proprietary rights;
e) Violates any law for the time being in force;
f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) Impersonate another person;
h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement
j) Results in Advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind.
k) Promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
l) Discloses any personally identifying information or private information about any third parties without their express consent.
In addition, you are prohibited from doing anything on the Site or in respect of the Services that:-
m) Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the Sites.
n) Uses or attempt to use another person’s account, password or services.
o) Disrupts, interferes with or otherwise violates the security of the Sites or any services, accounts, passwords, servers or networks related to the Site
p) Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber stalking or
q) Damages, disables, overburdens, or impairs Dainik Samvaad’s servers, or the network(s) connected to Dainik Samvaad’s servers, or interferes with any
r) Attempts to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or
s) Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Services.

Sharing User Details

You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. This is to be read along with the Privacy Policy.

Indemnity

You agree to indemnify and hold harmless Dainik Samvaad and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagment, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder including in respect of content posted or information provided by you for Dainik Samvaad’s use or information or material posted or transmitted through your password account even if not posted or transmitted by you We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Liability

The Sites include links and pointers to Internet sites, content and services provided by third parties. Dainik Samvaad’s linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, Dainik Samvaad does not operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on web sites linked to by Dainik Samvaad.Dainik Samvaad and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).