|KidsGen Service Agreement
"KidsGen" is the interactive online service operated by Ghanty Associates on the Internet. User means any person who establishes or accesses connection to KidsGen for access to and use of KidsGen.
2. DESCRIPTION OF SERVICE
KidsGen is providing User with a capability to send electronic mail via the World Wide Web and on KidsGen' own system. In consideration for this Service, User agrees to comply with the terms and conditions as laid down under this Service Agreement. If any information provided by User is incomplete or inaccurate or violates any provisions of the Service Agreement implicitly or explicitly,KidsGen retains the right to terminate User's rights to use the Service.
(A) This Agreement, which incorporates by reference other provisions applicable to use of KidsGen, sets forth the terms and conditions that apply to use of KidsGen by User. By using KidsGen (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use KidsGen is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) KidsGen shall have the right at any time to change or discontinue any aspect or feature of KidsGen, including, but not limited to, content, hours of availability, and equipment needed for access or use.
4. CHANGED TERMS
KidsGen shall have the right at any time to change or modify the terms and conditions applicable to User's use of KidsGen, 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 KidsGen, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of KidsGen by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
5. USER CONDUCT
(A) User shall use KidsGen for lawful purposes only. User shall not post or transmit through KidsGen 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 KidsGen' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in KidsGen' discretion restricts or inhibits any other User from using or enjoying KidsGen will not be permitted. User shall not use KidsGen to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with KidsGen.
(B) KidsGen 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 KidsGen are copyrighted as a collective work under the Indian copyright laws. KidsGen owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User 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. User may download copyrighted material for User'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 written permission of KidsGen 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. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on KidsGen 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 the User. User 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 KidsGen, User automatically grants, or warrants that the owner of such material has expressly granted KidsGen 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. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants KidsGen the right to edit, copy, publish and distribute any material made available on KidsGen by User.
(D) The foregoing provisions of Section 5 are for the benefit of KidsGen, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) USER EXPRESSLY AGREES THAT USE OF KidsGen IS AT USER'S SOLE RISK. NEITHER KidsGen, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT KidsGen WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF KidsGen, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH KidsGen.
(B) KidsGen 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. KidsGen DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KidsGen) 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. USER SPECIFICALLY ACKNOWLEDGES THAT KidsGen IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL KidsGen, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING KidsGen OR THE KidsGen 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 KidsGen. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON KidsGen.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER KidsGen, 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 KidsGen, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM 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. NEITHER KidsGen NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS 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.
KidsGen shall have the right, but not the obligation, to monitor the content of KidsGen, to determine compliance with this Agreement and any operating rules established by KidsGen and to satisfy any law, regulation or authorized government request. KidsGen shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on KidsGen. Without limiting the foregoing, KidsGen shall have the right to remove any material that KidsGen, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless KidsGen, 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 KidsGen by User or User's Account.
9. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall KidsGen be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if KidsGen or a KidsGen 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 KidsGen' 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.
10. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in India. KidsGen may change, add, or delete programs described in this website at any time without notice. This site is controlled by KidsGen and KidsGen makes no representation that materials in the site are appropriate or available for use outside India.Many of the images used here are for use in India only and those who choose to access these images from outside India do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.This agreement shall be governed by and construed in accordance with the laws of the Calcutta High Court, without giving effect to any principles of conflicts of law.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all KidsGen site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from KidsGen if in KidsGen' sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other KidsGen site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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