You must carefully read and understand these terms and conditions before downloading, installing and using the www.Newskarnataka.com desktop website or mobile android application (hereinafter referred as the "website or app") which is owned and operated by Spearhead Media Pvt. Ltd (hereinafter referred to as "SMPL"), having its registered office at 'No. 19, 2nd floor, city gate building, Kadri toll gate, Kadri, Mangaluru – 575002, Dakshina Dannada district, Karnataka, India (hereinafter referred to as "SMPL","We" and "Us").
In case of an organization, company or branch of government, you represent and warrant that you have the authority to legally bind your company or organization and your company or organization will be bound by the obligations and restrictions of these terms. Any and all references herein to 'you' or 'your' will include your company or organization.
If you do not agree to the terms or do not have the authority to bind your organization or company to these terms, then do not access, avail, download or use the website or app.
It is understood that the terms shall construe an agreement between you and SMPL
1. ABOUT THE WEBSITE OR APP
1.1 Newskarnataka.com is a desktop Website and Android Application software or technology developed by SMPL that allows Users to view, read and use its News and other contents including but not limited to videos, images, GIFs, memes etc., collected from its own and third party sources (hereinafter referred to as 'Contents'). This Website or App categorizes these Contents and allows Users to explore, search, access, view and share the Contents with third parties.
2.1 Use and access to the Website or App is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website or App and shall not access or use the Website or App. As a minor if You wish to access or use the Website or App, such access or use may be made by Your legal guardian or parents on the Website or App. SMPL reserves the right to terminate such use and/ or refuse to provide You with access to the Website or App if it is brought to SMPL's notice or if it is discovered that You are under the age of 18 years.
3. TERM AND TERMINATION
3.1 These Terms, and any posted revision, shall remain in full force and effect while you use the Website or App and certain provisions may continue to apply even after termination. You may terminate this Agreement by uninstalling or deleting the Website or App at any time, for any reason. SMPL may terminate this Agreement by deleting Your account or profile without assigning any reasons whatsoever. On termination of this Agreement, all of Your profile contents and other information may be deleted. However, certain details are maintained with us for archival and legal purposes. We reserve the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the Website or App. Continued access or use of the Website or App following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.
4.1 When You use the Website or App or send emails or other data, information or communication to SMPL, You agree and understand that You are communicating with SMPL through electronic records and You consent to receive communications via electronic records from SMPL periodically and as and when required. SMPL may communicate with You by email provided by You in Your communications or at the time of registration or by any other mode of communication, electronic or otherwise. However, SMPL does not assure any confidentiality or security of information provided to SMPL from Your side.
5 YOUR LICENSE AND USE OF THE WEBSITE OR APP
5.1 Subject to the Terms and Conditions and Your payment of required fees, if any, SMPL hereby grants You only a limited, non-transferrable, non-exclusive, revocable license to make personal and non-commercial use of the Website or App.
5.2 The Website or App is licensed, not sold, to You, and SMPL retains ownership of all copies of the Website or App even after installation on Your devices. SMPL may assign this License Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
6 PROPRIETARY RIGHTS IN CONTENTS
6.1 SMPL holds proprietary rights over all the materials contained in the Contents barring those of a third party. In no event shall SMPL assume or have any responsibility or liability for the Contents accessible by use of the Website or App for any claims, damages or losses resulting from the unauthorized use of misuse of the Contents.
6.2 You acknowledge and concede that the Contents accessible by use of the Website or App are the property of the relevant content providers including SMPL and is subject of proprietary and other rights of such content providers including any Intellectual Property Rights. You are not permitted to distribute, download/use/access, transmit, republish, display, sell, license or otherwise communicate the Contents to the public in any manner except via the features provided in the Website or App.
7 ACTIVITY PROHIBITED
7.1 You agree, undertake and confirm that Your use of the Website or App shall be strictly governed by, including but not limited to the following:
8 THIRD PARTY CONTENTS
8.1 It is strictly clarified that, the Website or App may provide access to Third Party Contents and links to third party websites that are not owned, controlled or endorse by SMPL. SMPL is not responsible for any third-party contents, Website or Applications, services, advertisements, and/or links that may be contained in the Website or App.
8.2 The information including but not limited to Third Party Contents and other Contents on the Website or App are made available on the understanding that the SMPL and their respective employees and agents shall have no liability (including liability by reason of negligence) to the users for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the information including but not limited to Third Party Contents and other Contents on the Website or App and whether caused by reason of any error, negligent act, omission or misrepresentation in the information including but not limited to Third Party Contents and other Contents on the Website or App or otherwise.
8.3 SMPL takes no responsibility for the accuracy, reliability correctness and currency of the information including but not limited to Third Party Contents and other Contents on the Website or App or for the accuracy, reliability correctness and currency of links or references to information sources including but not limited to websites or internet sites outside of the Website or App. Links to other websites or internet sites are not under the control of SMPL and are provided for information only. SMPL has not reviewed or Website or Approved any content that appears on the linked websites.
8.4 No part of the Website or App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. SMPL shall have all the rights to take necessary action and claim damage in case of any violation. Such action may also involve terminating of the permission for User to use the Website or App by deleting User Account.
8.5 You may use general information about the Website or App expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Contents only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Contents on any networked computer or broadcast it in any media, (3) make no modifications to any such Contents, and (4) do not make any additional representations or warranties relating to such documents.
9 USER REPRESENTATIONS AND WARRANTIES
9.1 This Website and App and the Contents under it are provided by SMPL "as is" and on an "as available" basis and SMPL, its officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, "warranties") of merchantability and fitness for a particular purpose are disclaimed. In no event shall SMPL be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Website or App, even if advised of the possibility of such damage.
9.2 You agree that Your use of the Website or App shall be at Your sole risk. To the fullest extent permitted by law, SMPL disclaims all warranties, express or implied, in connection with the use of the Website or App.
9.3 SMPL makes no representations or guarantee that the Website or App will be free from loss, destruction, damage, any unauthorized access to or use of SMPL's secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the Website or App, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website or App by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any of the Content accessible via the Website or App. SMPL does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and SMPL will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website or App, hacking, or other security intrusion, and SMPL disclaims any liability relating thereto.
9.4 SMPL makes no guarantees, representations, or warranties that use or results of the use of the Website or App will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, SMPL may modify, suspend, or discontinue any part or all of the Website or App or Your use of the Website or App. In such event, SMPL will not be liable to You or any third party.
9.5 SMPL makes no guarantees, representations, or warranties that Contents accessible through the Website or App by the User or the links provided by third parties will be free of viruses or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the Website or App and the accuracy and completeness of the contents.
9.6 You understand that You may encounter offensive, indecent, or other objectionable content while using the Website or App and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Website or App, and that the recipient may use such information to harass or injure you. We do not Website or Approve of such unauthorized use, but by using the Website or App You acknowledge and agree that we are not responsible for any such illegitimate use of any personal information so obtained by others.
11.1 The website or app, its features and contents are provided "as is" and "as available", and "with all faults".
11.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or App, including payment and delivery of related products or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website or App.
11.3 SMPL shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
11.4 All materials (including, without limitation, all designs, images, GIFs, memes, logos, names, text, illustrations, icons, audio clips, video clips, documents, products, software, sound recordings, music, graphics, look and feel of the Website or App, trade dress, photographs, software, interfaces or code, video and links, registered or unregistered trademarks and all other content) on the Website or App are protected by copyright and Intellectual Property laws under laws of both Republic of India and other countries and in all forms, media and technologies existing now or hereinafter developed and are the property of SMPL or our licensors or the respective third party entities as identified in our Website or App and/or Services.
12 INTELLECTUAL PROPERTY RIGHTS
12.1 The copyright, trademark, patent or other intellectual property rights in the Contents of the Website or App (including, without limitation, all designs, logos, names, text code, processes, data, information links) are owned by SMPL or the respective third party entities as identified in the Website or App. No license or right is granted and Your use of and/or the Website or App therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, You shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission from SMPL.
12.2 You shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner of the Contents. In the event of infringement SMPL shall on its own sole discretion take necessary steps.
13.1 User hereby agrees to indemnify, defend and hold SMPL, (including all its officers, directors and employees) harmless from and against any and all damages, liabilities, costs and expenses, including attorney's fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the Website or App in a manner inconsistent with this Terms. Notwithstanding its reasonable efforts, SMPL cannot take responsibility or control the contents made for access through the Website or App.
14 NO LIABILITY
14.1 To the maximum extent permitted by website or applicable law, in no event shall SMPL be liable for any direct, indirect, incidental, punitive, special or consequential damages, for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use or inability to use the website or app and any loss or damage arising out of or in relation to acts of god or act of third party that is beyond the control of SMPL.
14.2 SMPL shall not be liable for any direct or indirect damage for any data provided by the user or any violation of third party rights of whatsoever nature, arising out of or in any manner related to the use or inability to use the website or app.
15 LAW, JURISDICTION AND ARBITRATION
15.1 The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Mangaluru and no other court.
15.2 All disputes arising under or in relation to the Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the Appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the "Act") the Parties shall approach the competent Court under the Act for the appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Mangaluru. The arbitration proceedings shall be conducted in English. The arbitrator's award shall be final and undisputable by both Parties.
16.1 If any provision in the Terms become invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from the Terms and the remaining provisions of the Terms shall not, so far as possible, be affected by the severance.
17.1 The failure of SMPL to enforce at any time any of the provisions of this Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to SMPL at law or in equity.
18 FORCE MAJEURE AND ACT OF THIRD PARTIES
18.1 The performance of any part of this Terms by SMPL shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of SMPL or act of any third party beyond the control of SMPL including but not limited to hacking, data theft, unauthorised access to Your account, impersonation, fraud, misrepresentation and so on.
19.1 SMPL can update, modify, suspend, discontinue or change any part of these Terms from time to time The revised Terms will be posted as notification here on this link http://www.newskarnataka.com/service-terms. Users are encouraged to periodically check this page to stay informed about changes to the Terms. The revised Terms will be effective from the date stated on the revised Terms.
19.2 You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. If You disagree to any of the changes to the Terms, please refrain from accessing or using the Website or App. Your continued access or use or availing of the Website or App following the posting of revised Terms will indicate Your acceptance and acknowledgement of the changes and You will be bound by it.
20.1 These Terms, and any modifications, alterations or amendments to, shall remain in full force and effect while You use the Website or App and the provisions related to Intellectual Property, Warranties and Indemnity shall continue to Website or Apply even after termination of this Agreement.
21 NOTICES AND TAKE DOWN POLICY
21.2 If any contents on the Website or App concern you or for which you have not given permission, or is in violation of copyright law and not subject to any limitation or exceptions, contact us in writing. All notices to SMPL hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the registered office Address mentioned above or emailed to the following email id: email@example.com.
21.3 This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
21.5 I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.