DEFINITION OF "USER" OR "YOU": MEANS ANY PERSON WHO ACCESS OR AVAIL 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 APPLICATION OF THE COMPANY.
YOU HEREBY REPRESENT, WARRANT AND COVENANT THAT YOU PROVIDE US WITH ACCURATE, TRUTHFUL, AND COMPLETE REGISTRATION INFORMATION INCLUDING, BUT NOT LIMITED TO YOUR NAME ("USER NAME"), E-MAIL ADDRESS, OR OTHER INFORMATION AND TO KEEP YOUR REGISTRATION INFORMATION ACCURATE AND UP-TO-DATE. FAILURE TO DO SO SHALL CONSTITUTE A BREACH OF THESE TERMS, WHICH MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT.
BY ACCESSING APPLICATION 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.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER THE TERMS AND FOR THE CONSEQUENCES (INCLUDING ANY LOSS OR DAMAGE WHICH WE MAY SUFFER) OF ANY SUCH BREACH.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS APPLICATION OR SERVICES.
2. DISCLAIMER OF WARRANTIES AND LIABILITY
a. You understand and agree that ITT provides the Services on an "as is", "with all faults" and "as available" basis. All warranties including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
b. ITT, and its affiliates and associates shall not be liable, at any time for any direct, indirect, punitive, incidental, special or consequential damages (including, without limitation, damages for loss of business, damage to hardware or loss of profits, loss of data or profits, whether arising in contract, tort or otherwise arising out of or in any way connected with the use of the Application, with the delay or inability to use the Applications or Services, or due to use of the contents available in the Application or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, or due to use of information contained in the Application).
c. In the event any exclusion contained herein be held to be invalid for any reason and ITT or any of its affiliate entities, officers, directors or employees becomes liable for loss or damage, then any such liability of ITT or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding the charges paid by you, if any, for the application usage for three months prior to such claim.
d. No representations, warranties or guarantees whatsoever are made by ITT as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the Services will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material in the Application will meet your expectations or requirements; or (d) any errors in the Application will be corrected.
e. This Application also contains the information, offers and content supplied by third parties. Any opinions, advice, statements, services, offers, other information or content expressed or made available are those by third parties and/or the respective author(s), and not of ITT. Neither ITT nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Application represents the opinions and judgments of the respective information provider; ITT neither endorses nor is responsible for the offers, accuracy or reliability of any information, opinion, advice or statement made in the Application with respect to such third party's offers, accuracy or reliability of any information, opinion, advice or statement etc. It is your responsibility to evaluate the offers, accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Application.
f. This Application may have certain links which may lead to resources located on servers maintained by third parties. These third-party websites, applications may contain ITT's logo, but they are independent from ITT, and ITT does not have any control over these websites or applications. ITT, therefore, accepts no responsibility or liability due to your use of such third-party websites or applications.
3. PROPRIETARY RIGHTS
Unless otherwise stated, copyright and all intellectual property rights in all material presented in the Application, including but not limited to content, trademarks and logos appearing in this Application, are the property of ITT or its affiliate entity or its licensors and are protected under applicable Indian laws. Any infringement shall be vigorously defended and proceeded against to the fullest extent permitted by law.
4. YOUR OBLIGATIONS
As a condition of your use of the Application, you shall not use the Application or Services for any purpose that is unlawful or prohibited by these Terms or you shall not use the Application in any manner that could damage, disable, overburden, or impair any ITT server, or the network(s) connected to any ITT server, or interfere with any other party's use and enjoyment of any services. You further concur that you shall not, through the Application or Services indulge in the following activities:
a) delete from the Application any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
b) use the Application/Services in any manner that could damage, disable, overburden, or impair — or undertake any action which is harmful or potentially harmful to any ITT server, or the network(s), computer systems/resources connected to any ITT server, or interfere with any other party's use and enjoyment of the Application/Services;
c) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Application/Services;
d) perform any activity which is likely to cause such harm;
e) carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on the Application or internet service or; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any ITT website or the website of any ITT customer;
f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application.
g) impersonate any person or entity, including, but not limited to ITT's official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
h) take any action which encourages or consists of any threat of harm of any kind to any person or property or make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum
i) collect or attempt to collect personally identifiable information of any person or entity without their express written consent;
j) engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
k) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation
5. PROHIBITED ACTIVITIES
You shall not host, display, upload, modify, publish, transmit, update or share any information on Application, that —
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Content uploaded by you shall be subject to relevant laws and may
disabled, or and may be subject to investigation under appropriate
laws. Furthermore, if you are found to be in non-compliance with the
Application, we may terminate your account/block your access to
Application and we reserve the right to remove any non-compliant
Content uploaded by you.
6. TERMINATION OF ACCOUNT
ITT reserves its right to refuse service, restrict, suspend your access to the Application; delete, move, or remove any content that is available in or through the Application; establish general practices and limits concerning use of the Application at any time with or without any prior notice.
You agree to defend, indemnify and hold harmless ITT, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses arising out of the breach of any of the terms by you or due to your use/misuse of the Application.
Any personal information identifying you ("Personal Information") if required is asked for explicitly in the relevant page in the Application. Personal Information is used to operate the Application, and may occasionally be used to inform you of new features, services, and products from those offered by ITT. ITT reserves the right to disclose any information in response to that it is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to ITT or as ITT in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
9. Applicable Law:
This agreement shall be governed by the laws of India. The courts of law at New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
10. Limited Time To Bring Your Claim:
You and ITT agree that any cause of action arising out of or related to the Application must commence within three months after the cause of action accrues. Otherwise, such cause of action will be permanently barred.
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