1. Definitions
This website is the on-line service operated by SAMPURN on the World Wide Web of the Internet, consisting of information services and content provided by SAMPURN, affiliates of SAMPURN and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of SAMPURN.
2. General
(A) This Agreement, sets forth the terms and conditions that apply to use of SAMPURN by Subscriber. By using SAMPURN (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 SAMPURN 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.
(B) SAMPURN shall have the right at any time to change or discontinue any aspect or feature of SAMPURN, including, but not limited to, content, hours of availability, and equipment needed for access or use
3. Changed Terms
SAMPURN shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of SAMPURN, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. The Subscriber's continued use of the Site following the posting of changes and/or modifications will constitute the Subscriber's acceptance of these Terms of Service.
4. Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SAMPURN and all charges related thereto.
5. Access and Use
The site consists of "Publicly Accessible" Areas and "Restricted" Areas. The Publicly Accessible Areas of the service are those areas of SAMPURN that are intended by SAMPURN to be available to the Subscribers free of charge. The Restricted Areas are those areas of the service which are only accessible by Subscribers on payment of such charges as may be fixed by SAMPURN in that behalf. SAMPURN reserves its right to modify/vary the extent of Publicly Accessible and Restricted Areas and also the charges payable for assessing the Restricted Areas.
All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that the Subscriber may only view or download material from this Site for his own use and the Subscriber must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless the Subscriber has obtained the prior written consent of SAMPURN or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting SAMPURN in writing at:
Sampurn Media Pvt. Ltd.
236/A, Kuber Complex, New Link Road,
Andheri (W), Mumbai – 400 065. INDIA
Tel No.: +91-22-4010 9222 to 9227
TeleFax: +91-22-4010 9228
Admin E-Mail: admin@sampurnmedia.com
Editorial E-Mail: editdesk@sampurn.com
The Subscriber is also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
The foregoing provisions of Section 5 are for the benefit of SAMPURN, 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. Unsolicited Submissions
SAMPURN does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. SAMPURN's policy is to simply delete any such submission without reading it or forwarding it to other SAMPURN staff. Therefore, any similarity between an unsolicited submission and any elements in any SAMPURN creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to SAMPURN via this Site, however, these submissions become the property of SAMPURN and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SAMPURN sees fit. The Subscriber agrees that the Subscriber is not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission the Subscriber waives the right to make any claim against SAMPURN, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
7. Disclaimer of Warranty; Limitation of Liability.
The Subscriber's use and browsing of the Site is at the Subscriber's risk. If the Subscriber is dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, the Subscriber's sole and exclusive remedy is to discontinue accessing and using the Site.
While SAMPURN does its best to ensure the optimal performance of the Site, the Subscriber agrees that the Subscriber uses this Site and relies on material contained in this Site at his own risk.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF SAMPURN INTERACTIVE IS AT SUBSCRIBER'S SOLE RISK. NEITHER SAMPURN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SAMPURN WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SAMPURN, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SAMPURN.
(B) SAMPURN 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, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT SAMPURN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL SAMPURN, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SAMPURN INTERACTIVE OR THE SAMPURN INTERACTIVE 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 SAMPURN. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SAMPURN.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SAMPURN, 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 SAMPURN, 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. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. SAMPURN, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, SAMPURN, 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 AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
8. Monitoring
SAMPURN shall have the right, but not the obligation, to monitor the content of SAMPURN, to determine compliance with this Agreement and any operating rules established by SAMPURN and to satisfy any law, regulation or authorized government request. SAMPURN shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SAMPURN. Without limiting the foregoing, SAMPURN shall have the right to remove any material that SAMPURN, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Indemnification
Subscriber agrees to defend, indemnify and hold harmless SAMPURN, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the Subscriber's use of this Site; the Subscriber's failure to use the Site; the Subscriber's breach or alleged breach of this Agreement or the Subscriber's breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
10. Termination
Either SAMPURN or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, SAMPURN shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which SAMPURN, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the Subscriber (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. The provisions of Sections 7, 9, 11 and this Section 10 shall survive termination of this Agreement. Further, the Subscriber agrees that all terminations for cause shall be made in SAMPURN's sole discretion and that SAMPURN shall not be liable to the Subscriber or any Third Party for any termination of the Subscriber's Account.
11. Trademarks
SAMPURN is the trademark of the Sampurn Media Pvt. Ltd. All rights reserved. All other trademarks appearing on SAMPURN are the property of their respective owners.
12. Third Party Content
SAMPURN is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, SAMPURN has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of SAMPURN, are those of the respective author(s) or distributor(s) and not of SAMPURN. Neither SAMPURN 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. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through SAMPURN represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with SAMPURN. SAMPURN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SAMPURN by anyone other than authorized SAMPURN employee spokespersons while acting in their official capacities. Under no circumstances will SAMPURN be liable for any loss or damage caused by a Subscriber's reliance on information obtained through SAMPURN. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SAMPURN. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
13. Miscellaneous
This Agreement and any operating rules for SAMPURN established by SAMPURN 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. The Agreement shall be governed by the Laws of India. The Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under this agreement. 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.
14. Copyrights
SAMPURN respects the rights of all copyright holders and in this regard, SAMPURN has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SAMPURN the following information:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4) Information reasonably sufficient to permit us to contact the complaining party;
5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SAMPURN's Agent for notice of claims of Copyright or other Intellectual Property infringement can be reached as follows:-
By mail:
Sampurn Media Pvt. Ltd.
236/A, Kuber Complex, New Link Road,
Andheri (W), Mumbai – 400 065. INDIA
By Phone: +91-22-4010 9222 to 9227
By Fax: +91-22-4010 9228
By E-mail: admin@sampurnmedia.com
|