Tech Khan Website Agreement
The Tech
Khan is an online information service subject to your compliance with the terms
and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. TECH KHAN
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses, and Idea Submissions
The
entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are Tech Khan, its
affiliates or other third-party licensees. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of the material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree to grant to Tech
Khan a non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site
(such as bulletin boards, forums, and newsgroups) or by e-mail to Tech Khan by
all means and in any media now known or hereafter developed. You also grant to Tech
Khan the right to use your name in connection with the submitted materials and
other information as well as in connection with all advertising, marketing, and
promotional material related thereto. You agree that you shall have no recourse
against Tech Khan for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to Tech Khan.
TRADEMARKS
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or service marks
of Tech Khan. Other product and company names mentioned on the Site may be the
trademarks of their respective owners.
2. Use
of the Site
You
understand that, except for information, products or services clearly
identified as being supplied by Tech Khan. Tech Khan does not operate, control
or endorse any information, products or services on the Internet in any way.
Except for Tech Khan– identified information, products or services, all
information, products, and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with Tech Khan.
You also understand that Tech Khan cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET. Tech Khan PROVIDES THE SITE AND
RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND Tech Khan SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Tech Khan DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME
OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. TECH KHAN HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL Tech Khan BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF Tech Khan OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Tech Khan LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW. Tech Khan makes no representations
whatsoever about any other website which you may access through this one or
which may link to this Site. When you access a non-Tech Khan website, please
understand that it is independent of Tech Khan and that Tech Khan has no
control over the content on that website. In addition, a link to a Tech Khan website does not mean that Tech Khan endorses or accepts
any responsibility for the content, or the use, of such website.
3.
Indemnification
You
agree to indemnify, defend and hold harmless Tech Khan, its officers,
directors, employees, agents, licensees, suppliers and any third-party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
Third
Party Rights
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Tech Khan and its officers, directors, employees, agents,
licensors, suppliers, and any third-party information providers to the Service.
Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5.
Term; Termination
This
Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
Miscellaneous
This
Agreement shall all be governed and construed in accordance with the laws of
India applicable to agreements made and to be performed in India. You agree
that any legal action or proceeding between Tech Khan and you for any purpose
concerning this Agreement or the parties’ obligations hereunder shall be
brought exclusively in a federal or state court of competent jurisdiction
sitting in India. Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. Tech Khan’s failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. Tech Khan may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any
rights not expressly granted here in are reserved.
