MEDIAVATAAR SERVICE AGREEMENT – TERMS AND CONDITIONS
“www.mediavataar.com” is the on-line World Wide Web Site service operated by SinVal Media Communication Pvt Ltd (hereinafter referred to as the “Company”) on the of the Internet, consisting of information services and content provided by MEDIAVATAAR News Bureau, The Media Network Associated parties/ affiliates, and other third parties.
A. General
This Agreement, sets forth the terms and conditions that apply to use of this site http://www.mediaavataar.com/ and (or) www.mediaavataar.com (hereinafter referred to as “MEDIAVATAAR Site”), by a Subscriber.
The term “Subscriber” herein means all and every person who establishes or accesses a connection (“Account”) for access to and use of the MEDIAVATAAR Site or for interacting with other persons or in the capacity of Freelancer or Client through Plug into projects on the MEDIAVATAAR Site with or without receiving or providing any service.
B. Restrictions on use
This MEDIAVATAAR Site is owned and operated by SinVal Media Communications Pvt. Ltd (“the Company”) and contains material which is derived in whole or in part from material supplied by the Company, MEDIAVATAAR News Bureau, Business Standard and other third party verified sources, and is protected by copyright and trademark laws. Any material directly uploaded by a third party or communication based on Plug Into Projects are a part of the AFQS Site but are limited by limitations of liability and third party claims. The restrictions on use of the material and content on this MEDIAVATAAR Site by the Subscriber are specified below. Except where specifically authorized, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.
By using the MEDIAVATAAR Site (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the MEDIAVATAAR Site is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any, and the company shall not be responsible in any manner whatsoever. The Company shall have the right at any time to change or discontinue any aspect or feature of MEDIAVATAAR Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
C. Changed Terms
The Company shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of the MEDIAVATAAR Site, 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 the MEDIAVATAAR Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the MEDIAVATAAR Site by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
D. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the MEDIAVATAAR Site and all charges related thereto.
E. Conduct of Subscriber
Subscriber shall use the MEDIAVATAAR Site for lawful purposes only. Subscriber shall not post or transmit through the MEDIAVATAAR Site any material which violates or infringes in any way upon the rights of others, which is unlawful, illegal, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to liability civil and (or) Criminal or otherwise violate any law, or which, without the Company’s express prior approval, contains advertising or any solicitation with respect to products or services, more specifically towards the Plug into projects.
Any conduct by a Subscriber that in the Company’s discretion restricts or inhibits any other Subscriber from using or enjoying MEDIAVATAAR Site shall not be permitted. Subscriber shall not use MEDIAVATAAR Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the MEDIAVATAAR Site. MEDIAVATAAR Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of MEDIAVATAAR Site are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber 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. Subscriber may download copyrighted material for Subscriber’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 permission of the Company 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. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Subscriber shall not upload, post or otherwise make available on the MEDIAVATAAR Site 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 Subscriber. Subscriber 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 MEDIAVATAAR Site, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty fee, 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. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants the Company the right to edit, copy, publish and distribute any material made available on MEDIAVATAAR Site by Subscriber.
The foregoing provisions are for the benefit of the Company, 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.
F. Disclaimer of Warranty: Limitation of Liability
Subscriber expressly agrees that use of MEDIAVATAAR Site is at Subscriber’s sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that MEDIAVATAAR Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of MEDIAVATAAR Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through MEDIAVATAAR Site.
MEDIAVATAAR Site 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.
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, negligence, or under any other cause of action. Subscriber specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties in cases including but not limited to any interactive communication on or through the site and that the risk of injury from the foregoing rests entirely with subscriber(s).
In no event will the Company, or any person or entity involved in creating, producing or distributing MEDIAVATAAR Site or the MEDIAVATAAR Site 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 MEDIAVATAAR Site. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on MEDIAVATAAR Site.
MEDIAVATAAR undertakes that for all communication it sends to subscribers with third party messages shall always give such subscribers an option to request MEDIAVATAAR to stop sending them these messages, by way of unsubscribing from the same, or any other means the subscriber follows.
In addition to the terms set forth above neither, the Company, not 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 MEDIAVATAAR Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom 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. The Company, its affiliates, information providers or content partners shall have no liability for decisions if any, based on the information provided. Neither, the Company, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally there are no warranties of any nature whatsoever as to the results obtained from the use of information provided on the MEDIAVATAAR Site more specifically Plug into Projects.
G. Monitoring
The Company shall have the right, but not the obligation, to monitor the content of MEDIAVATAAR Site, all interactive communication including but not limited to Plug into projects and Forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on MEDIAVATAAR Site. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
H. Indemnification
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including advocate’s fees, arising out of the use of MEDIAVATAAR Site by Subscriber or Subscriber’s Account.
I. Termination
Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including advocate’s fees, arising out of the use of MEDIAVATAAR Site by Subscriber or Subscriber’s Account.
J. Third Party Trademarks
MEDIAVATAAR Site is sponsored by many sponsors and the site carries on advertising or information/ content as provided by the said sponsors or content providers and all or any other trademarks Logo and trade names being shown or used on the site are the property of their respective owners
K. Third Party Content and Internet Hyperlinks
The Company is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, the Company has no editorial control over such content. Any opinions, advice, statements, services, offers, graphics, design or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of MEDIAVATAAR Site, are those of the respective author(s) or distributor(s) and not of the Company. The Company does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through MEDIAVATAAR Site represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MEDIAVATAAR Site by anyone other than authorized the Company employee spokespersons while acting in their official capacities.
The Company has provided or may provide links and pointers to Internet sites maintained by third parties. Neither the Company, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this MEDIAVATAAR Site and the third-party sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company 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, including Plug into projects, or the server that makes it available, are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Subscriber (and not the Company) assume the entire cost of all necessary maintenance, repair or correction.
Under no circumstances will the Company be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through the MEDIAVATAAR Site. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MEDIAVATAAR Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
L. Miscellaneous
This Agreement and any operating rules for MEDIAVATAAR Site established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Delhi shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Contact
In the event you want information or clarification of the terms and conditions of the Service Agreement you may contact:
The Company Web-site www.mediavataar.com is maintained by:
Corporate Office :
SinVal Media Communication Pvt Ltd
DISCLAIMER (PLUG INTO PROJECTS)
The MEDIAVATAAR Site only facilitates the meeting of buyers and freelancers on Plug into Projects. The company takes no responsibility on behalf of either Subscriber (both Client and Freelancer) regarding their ability or intent.
It is a condition of registering yourself as a subscriber in Plug into Projects that you do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Post or transmit any information, software or other material which contains a virus or other harmful component. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
Neither the Company, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services by these third-parties. The materials on the MEDIAVATAAR Site Plug into Projects are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In order to be able to claim liabilities amongst the Client and freelancer on the Freelancer page of the MEDIAVATAAR Site and limited to the said freelancer page the Client and freelancer shall have to contract with the freelancer individually and follow the usual practices employed when working with freelancers and for monetary benefits and also for claims and amongst themselves, without any involvement in any manner whatsoever of the Company or its affiliates.
PRIVACY POLICY
www.mediaavataarme.com (hereinafter referred to as “MEDIAVATAAR Site”) is committed to protecting the privacy of Internet users. The following guidelines discloses the privacy practices for www.mediaavataarme.com
A. Process of Collecting Information
The information gathered by MEDIAVATAAR Site falls into three categories:
1. Information voluntarily supplied by subscribers to our websites through optional registration for receiving information and updates
2. Information voluntarily supplied by subscribers to our websites through optional registration for enlisting as Freelancers for providing freelancing services and Clients for obtaining freelancing services.
3. Tracking information gathered as subscribers navigate through our sites.
B. Utilizing the Collected Information and Placing Cookies To make use of certain features on our websites, subscribers must provide certain information as part of the registration process. (We may ask, for example, for your name, email address, sex, and age, and we might request information on your profession/ occupation, interests, and the like.) The information you supply will help us to make MEDIAVATAAR Site a better website by allowing us to tailor our site to your interests and make it more useful to you. Supplying such information is entirely voluntary. Moreover, the information supplied by you is subject to verification as in many cases where the subscriber has enlisted as a Freelancer, the content delivered by him to the client has to be within the legal framework of the internet subject to the Indian Laws. In some instances, which involve, for example, subscriptions, you may need to provide all the information before the subscription can reach you if we don’t know how to contact you. Of course, even if you want to remain completely anonymous, you are still free to take advantage of the wealth of content available on our site without providing any personal information.
To help make our websites more responsive to the needs of our subscribers, we invoke a standard feature of browser software, called a “cookie”. We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the MEDIAVATAAR Site. We use cookies to help us tailor our sites to meet your needs, and to deliver a better service that is keyed to the interests of our subscribers. We use cookies to determine what features our subscribers prefer and which are less popular. We can build a better site if we know which pages our users are visiting and how often. If you do not want the benefit of cookies, there is a simple process to manually delete your cookies. Please consult your web browser’s Help documentation for more information on this process.
Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our websites. Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our websites to the interests of our users, to measure traffic within our websites and let advertisers know the geographic locations from where our subscribers come.
C. Privacy policy exclusively applies to www.mediavataar.com
www.mediavataar.com includes links to other websites whose privacy policies we do not control. Once you leave our servers use of any information you provide is governed by the privacy policy of the operator of the site you are visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these sites via a link from the site’s homepage, you should contact the site directly for more information.
D. Statistics and Storage
When we present information to our advertisers — to help them understand our audience and confirm the value of advertising on our websites — it is usually in the form of aggregated statistics on traffic to various pages within our sites. If you do register with MEDIAVATAAR Site, we may, from time to time, contact you about content and features that we believe may be of interest to you.
All information gathered on www.mediavataar.com is securely stored within the MEDIAVATAAR Site controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
E. Amendment to the Privacy Guidelines
If we need to change our privacy guidelines at some point in the future, we’ll post the changes before they take effect. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.
If at any time you believe this MEDIAVATAAR Site has not adhered to these principles, please notify us by e-mail to feedback@MEDIAVATAAR.com and we will use all commercially reasonable efforts to promptly determine and correct the problem. If you have questions about this policy, please e-mail us at feedback@MEDIAVATAAR.com
Copyright and Intellectual Property Policy
MEDIAVATAAR! respects the intellectual property of others, and we ask our users to do the same. MEDIAVATAAR! has no responsibility for content on other web sites that you may find or access when using MEDIAVATAAR! products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of India and/or other countries. The terms of use of those web sites, and not the MEDIAVATAAR! Terms of Service, govern your use of that material.
It is Mediavataar.com policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of MEDIAVATAAR! and/ or others. Information to Copyright Officer for Infringement of Intellectual Property Violations.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide MEDIAVATAAR! Copyright Officer with the following information:
1. name, address, telephone number, and email address of the original owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the MEDIAVATAAR! site, with enough detail that we may find it on the web site;
4. your name address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; MEDIAVATAAR! Copyright Officer for infringement of copyright or other intellectual property infringement can be reached as follows:
By mail
Copyright Officer c/o MEDIAVATAAR!
By email : feedback@MEDIAVATAAR.com
Permissions
If you are seeking permission to use MEDIAVATAAR! trademarks, logos, service marks, slogans, screen shots, copyrighted designs, or other brand features, please contact the copyright officer.
