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TERMS AND CONDITIONS/USER
AGREEMENT
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The Terms and Conditions of Use set forth herein apply to the entire
group of Web sites owned, operated, licensed, or controlled by ITPO,
including but not limited to, affiliated site.
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PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEB SITE OR ANY OTHER ITPO AFFILIATED WEBSITE: -
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By using this Web site or any other Web site owned, operated,
licensed, or controlled by ITPO ("ITPO Web site"), you signify
your assent to these terms of use. If you do not agree to these
terms of use, please do not use the site. We reserve the right,
at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically
for changes. Your continued use of this site or any other affiliated
Web site following the posting of changes to these terms will
mean you accept those changes. ITPO may at its sole discretion
stop services of its website/portal or any other affiliated website/portal
without any notice.
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VIOLATIONS
OF SYSTEM OR NETWORK SECURITY
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Any violations of systems or network security are prohibited,
and may result in the User facing criminal and civil liability.
ITPO will investigate incidents involving such violations and
will inform and co-operate with the relevant law enforcement organisations
if a criminal violation is suspected. Violations may include,
but are not limited to, the following:
Unauthorised access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system
or network;
Unauthorised
monitoring of data or traffic on any network or system without
express authorisation of the owner of the system or network; or
Interfering
with any user, host or network including mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
You
may not store or distribute certain other types of prohibited
material on our servers. Examples of prohibited material include,
but are not limited to, programs containing viruses or Trojan
horses and tools to compromise the security of other sites.
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RESTRICTIONS
ON USE OF MATERIALS.
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Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other
materials that are part of this Web site or any other ITPO's affiliated
Web site are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed by ITPO.
No material from this Web site or any other affiliated Web site
may be copied, reproduced, framed, hyper linked, republished,
uploaded, posted, transmitted, or distributed in any way, provided,
however, you may download, where specifically permitted, one copy
of the materials on any single computer for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary
notices.
Use
of any robot, spider, other automatic device, or manual process
to monitor or copy our Web pages or the content contained herein
is strictly forbidden.
Modification
of the materials or use of the materials for any other purpose
is a violation of ITPO's copyright and other proprietary rights.
For purposes of these terms, the use of any such material on any
other Web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary
to ITPO.
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Export
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The INDIAN. Laws regulate the export and re-export of technology
originating in the INDIA. This includes the electronic transmission
of information and software to foreign countries and to certain
foreign nationals. User agrees to abide by these laws and their
regulations -- including but not limited to the Foreign Trade
Development Act And Policy Framed thereunder and not to transfer,
by electronic transmission or otherwise, any content derived from
ITPO to either a foreign national or a foreign destination in
violation of such laws.
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Usage
by Minors
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ITPO cannot prohibit minors from visiting this site. ITPO
must rely on parents, guardians and those responsible for supervising
children under 16 to decide which materials are appropriate for
such children to view and/or purchase. FORUMS AND PUBLIC COMMUNICATION.
"Forum" means a discussion group, chat area, bulletin board, news
groups, letters to the editors, Webmaster (s) or employees, or
e-mail function offered as part of this Web site or any other
affiliated Web site. You shall not upload to, distribute through,
or otherwise publish through a Forum on this Web site or any other
affiliated Web site any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable that would
constitute or encourage a criminal offense, violate the rights
of any party, or that would otherwise give rise to liability or
violates any law.
The Forums shall be used only in a noncommercial manner. You shall
not, without our express approval, distribute or otherwise publish
any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services. You specifically
acknowledge that soliciting other guests of this Web site or any
other affiliated Web site to join or become members of any commercial
online or offline service or other organization is expressly prohibited.
It
is our policy to respect the privacy of all guests. Therefore,
subject to the terms of the ITPO'S privacy statement, in general,
we will not monitor, edit, or disclose the contents of a guest's
e-mail unless required in the course of normal maintenance of
this Web site or any other affiliated Web site and its systems
or unless required to do so by law or in the good-faith belief
that such action is necessary to:
(1)
comply with the law or comply with legal process served on ITPO;
(2) protect and defend the legitimate business interests, rights
or property of ITPO, it's users, advertisers, customers, sponsors,
advertisers or affiliates; or
(3) act in an emergency to protect the personal safety of our
guests or the public.
Guests
shall remain solely responsible for the content of their messages.
By
uploading materials to any Forum or submitting any materials to
us, you automatically grant (or warrant that the owner of such
rights has expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from and distribute
such materials or incorporate such materials into any form, medium,
or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called "moral rights" in
those materials have been waived.
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JURISDICTIONAL
ISSUES
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Unless otherwise specified, and except for clearly international
offerings, the materials in this Web site and any other affiliated
Web site are presented solely for the purpose of promoting services,
publications and other products or services available in India,
its territories, possessions, and protectorates. The ITPO. Web
sites are controlled and operated by ITPO from its offices in
New Delhi. ITPO makes no representation that materials in any
ITPO's Web site are appropriate or available for use in other
locations. Those who choose to access any ITPO's Web site from
other locations do so on their own initiative and are responsible
for establishing the usability or correctness of any information
or materials under any or all jurisdictions and the compliance
of that information or material with local laws, if and to the
extent local laws are applicable.
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TERMINATION
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These terms are effective until terminated by either party. You
may terminate these terms at any time by destroying all materials
obtained from any and all ITPO's Web site(s) and all related documentation
and all copies and installations thereof, whether made under these
terms or otherwise. These terms will terminate immediately without
notice from ITPO. If in ITPO's sole discretion you fail to comply
with any term or provision of these terms. Upon termination, you
must destroy all materials obtained from this site and any and
all other affiliated Web site(s) and all copies thereof, whether
made under the terms of these terms or otherwise. ITPO may take
such further action as ITPO determines to be appropriate under
the circumstances to eliminate or preclude repeat violations,
and ITPO shall not be liable for any damages of any nature suffered
by any Customer, User, or any third party resulting in whole or
in part from ITPO's exercise of its rights under these terms and
conditions.
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DISCLAIMER
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THE MATERIALS IN THE ITPO PORTAL ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITPO DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ITPO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER AFFILIATED WEB
SITE OR THE SERVER (S) THAT MAKES THE ITPO's WEB SITES AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITPO DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS WEB SITE OR ANY OTHER AFFILIATED
WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT ITPO) ASSUME THE ENTIRE COST OF ALL-NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. ITPO AND /OR CMIE MAKE NO REPRESENTATION OR
GIVE NO WARRANTY CONDITION EXPRESS OR IMPLIED WITH REGARD TO THE
INFORMATION ON THE ITPO'S PORTAL, WHICH IS MADE AVAILABLE BY THE
CMIE / ITPO. THE USES SHALL FULLY INDEMNIFY & HOLD HARMLESS, ITPO
AND THE CMIE AGAINST ANY JUDGEMENT, LIABILITY OR COST RESULTING
FROM OR ARISING OUT OF USE OF THE INFORMATION/DATA PROVIDED ON
THE PORTAL.
LIMITATION
OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL ITPO BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS IN THIS WEB SITE OR ANY OTHER AFFILIATED WEB SITE,
EVEN IF ITPO OR A ITPO'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL ITPO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER AFFILIATED
WEB SITE(S).
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PROFESSIONAL
ADVICE NOT GUARANTEED
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The information contained at this Web site and any other affiliated
Web site has been prepared by ITPO as a service to its customers
and the Internet community and is not intended to constitute legal
or professional advice. ITPO has used reasonable efforts in collecting,
preparing and providing quality information and material, but
does not warrant or guarantee the accuracy, completeness; adequacy
or currency of the information contained in or linked to this
Web site or any other affiliated Web site. Users of information
from this Web site or any other affiliated Web site or links do
so at their own risk.
Any
reference made by this Web site or any affiliated Web site(s)
to any specific commercial product, process, or service (or provider
of such product, process or service) by trade name, trademark,
hyperlink, or otherwise, does not constitute or imply an endorsement,
recommendation, or favoring by ITPO, Content on this and any other
affiliated Web site(s) may be provided by third parties and users.
Any opinions, advice, statements, services, offers or other information
expressed or made available by third parties, including information
providers, users or others, are those of the respective author(s)
or distributor(s) and do not necessarily state or reflect those
of ITPO as the ITPO might have followed its own standards which
could be different from International standards.
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LINKS
TO OTHER WEB SITES AND SERVICES
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To the extent that this Web site and any other affiliated Web
site(s) contain links to outside services and resources, ITPO
does not control the availability and content of those outside
services and resources. Any concerns regarding any such service
or resource, or any link thereto, should be directed to the particular
service or resource.
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APPLICABLE
LAW
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These terms shall be governed by and construed in accordance with
the Indian laws. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only
in the Delhi courts you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any
such action. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed several from these terms and shall not affect the validity
and enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter herein and
shall not be modified except as provided herein or in writing,
signed by ITPO.
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