TERMS AND CONDITIONS
Dated 26 October 2023
This page contains the terms and conditions that shall govern your use of DIGITALYOOG MEDIA digital products including but not limited to https://digital-yoog.com and mobile applications, offered by DIGITALYOOG MEDIA (OPC) PRIVATE LIMITED and its Affiliates (“IEO”, “us” or “we”):
Table of Contents:
1. User Agreement
2. Modifications & Changes
4. Limited License
5. Subscription Services
6. Intellectual Property
7. Termination of User Agreement
8. Restricted permission for printouts & copying
9. Prohibited Use
10. Third Party Content
11. Interaction between users
12. Representations & Warranties
15. Force Majeure
16. Sharing of Content of Sites
20. Disclaimer of warranties and liability
21. Governing law & Jurisdiction
22. Third Party Products, Services and Offers
1. USER AGREEMENT
You (“You” or “User”) can access and read digital products, including but not limited to digital-yoog.com, epaper.digital-yoog.com, and mobile applications (“Sites” or “Services”), subject to the terms and conditions of use. These terms may be updated or modified at the discretion of DigitalYoog Media (OPC) Private Limited (“DigitalYoog Media”). This Agreement is applicable for the duration of your subscription period. By accessing the Sites, you agree to be bound by these terms and conditions. You represent that you have the legal authority, including meeting any age requirements, to accept these terms on your behalf and on behalf of any other individuals you represent. If you do not agree to these terms, you are not authorized to use the Sites or Services. You further represent and warrant that you are at least eighteen (18) years of age and capable of adhering to these Terms and Conditions. Individuals under the age of 18 may access and use the Sites with the guidance and involvement of their parents or legal guardians. You agree to register by providing your personal details, including your complete name, age, email address, residential address, and contact number before uploading any content, making comments, or using the Services.
2. MODIFICATIONS AND CHANGES
DigitalYoog Media reserves the right to modify, edit, update, change, or suspend any or all of the Sites or Services, as well as the Terms & Conditions and the User Agreement, without prior notice. These modifications and changes are effective immediately upon posting on this page. It is your responsibility to review these Terms and Conditions before each use of the Sites. By continuing to access the Sites, you are deemed to have accepted any modifications and changes.
Registration for the Services requires you to provide a valid email address and password. You must be at least 18 years of age to register. If you are a minor, your registration must be approved by your guardian. You agree not to enable others to access the Sites or Services using your login credentials. You must not create additional registration accounts for the purpose of abusing the Sites or other users. You are responsible for maintaining the confidentiality of your login credentials. DigitalYoog Media is not responsible for unauthorized access to your data. By registering, you grant DigitalYoog Media and its affiliates consent to collect and store your personal data.
4. Limited License
DigitalYoog Media grants you a personal, limited, non-exclusive, non-transferable license to use the Services for personal and non-commercial use. Except for this limited license, no rights, titles, or interests are transferred to you. You may not use, copy, reproduce, distribute, transmit, display, sell, or exploit the content for any other purpose without the prior written consent of the respective owners. These Terms do not authorize you to reproduce, distribute, or create derivative works of Third-Party Content or User Submissions in violation of applicable copyright law.
5. SUBSCRIPTION SERVICES
DigitalYoog Media may offer personal subscription services, including The DigitalYoog Media e-paper and premium content, for subscription fees. Subscription fees are non-refundable except as provided in clause 7.1. DigitalYoog Media reserves the right to change subscription fees and terms without prior notice. Subscription terms may vary by country and device. When you purchase a subscription, you must provide accurate payment information. We may terminate or suspend your access to subscription-based Services if we do not receive payment authorization. Subscription contracts are formed when your payment details are successfully verified. You may control the information shared through Facebook Connect. DigitalYoog Media reserves the right to cancel your subscription in the event of a breach of these terms.
6. Intellectual Property
All intellectual property, including trademarks, service marks, and copyrights, in the material presented on the Sites is owned by DigitalYoog Media or its affiliates. You have no rights in the intellectual property, and any infringement or passing off will be prosecuted to the maximum extent permitted by law.
7. Termination of User Agreement
7.1. DigitalYoog Media may change, suspend, or discontinue the Services at its discretion without notice. If your access is suspended or discontinued, DigitalYoog Media may provide compensation to paid subscribers.
7.2. DigitalYoog Media may terminate the agreement and inform you by email if required. The agreement will terminate immediately, and your email address and password will become invalid.
7.3. DigitalYoog Media may terminate or suspend your access to the Sites for any reason, including a breach of these Terms & Conditions or disputes raised by you.
8. RESTRICTED PERMISSION FOR PRINTOUT OR COPYING FOR PERSONAL USE ONLY
You may download and print extracts from the Sites for personal and non-commercial use on your personal device and printer. Copying, storing, or archiving the website or its content is not permitted. You may not create a database from the content. You may not reproduce, transmit, edit, or store the content on other websites, blogs, or mediums without DigitalYoog Media’s prior written permission.
9. Prohibited Use
You may not use the Sites for commercial purposes or resell any part of the Site. You may not collect product listings, descriptions, or prices for other merchants. Any use of meta tags is prohibited. You may not create a database from the content by downloading and storing it systematically. Any attempt to harm DigitalYoog Media or violate copyright or intellectual property rights is strictly prohibited.
10. Third-Party Content
10.1. You may encounter Third Party Promotional Content, including advertising or sponsored content, on the Sites. DigitalYoog Media does not control or endorse such content, and you are responsible for any transactions or interactions related to this content.
10.2. Third Party Content, including press releases and agency reports, may appear on the Sites and is licensed to DigitalYoog Media. DigitalYoog Media disclaims liability for this content.
10.3. DigitalYoog Media claims no ownership interest in Third-Party Content and disclaims any liability regarding these materials. This adaptation of the User Agreement applies to DigitalYoog Media, digital-yoog.com, and DigitalYoog Media (OPC) Private Limited.
10.4. Ownership: The Sites, Services and the IEO content (means IEO’s content, including but not limited to, IEO trademarks and logos made available through the Sites and Services, excluding Third Party Content and User Submissions) are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, IEO and its licensors exclusively own all right, title and interest in and to the Sites, Services, and the IEO Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Services or IEO Content. IEO claims no ownership interest in any Third-Party Content and expressly disclaims any liability concerning those materials.
11. Interaction between Users
You are solely responsible for your interactions (including any disputes) with other users. You understand that we do not in any way screen users. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in using the DigitalYoog Media website and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to communicate with the user offline or meet them in person. Your use of the DigitalYoog Media website, its services, and any other content made available through the website is at your sole risk and discretion, and we hereby disclaim any and all liability to you or any third party relating thereto. We reserve the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms. You will cooperate fully with us to investigate any suspected unlawful, fraudulent, or improper activity via the services.
By making available any User Submissions through the DigitalYoog Media website, you hereby grant DigitalYoog Media and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the DigitalYoog Media website and its services and/or to incorporate it into other works in any form, media, or technology now known or later developed throughout the world. We do not claim any ownership rights in any such User Submissions, and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You acknowledge and agree that DigitalYoog Media shall not be liable for any uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions were available on or through the services. You acknowledge and agree that we reserve the right not to publish, display the User Submissions, or delete any User Submissions upon receipt of any complaint that the User Submissions are infringing or in violation of any applicable laws. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the DigitalYoog Media website or its services. Accordingly, you represent and warrant that: (a) you are either the sole and exclusive owner of all User Submissions that you make available through the DigitalYoog Media website or services, or you have all rights, licenses, consents, and releases that are necessary to grant DigitalYoog Media the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission, or transmittal of the User Submissions or our use of the User Submissions (or any portion thereof) on, through, or by means of the DigitalYoog Media website and its services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through, or by means of the DigitalYoog Media website and its services.
By using the DigitalYoog Media website, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any Third-Party Content, or User Submissions, and we disclaim any liability that you may incur arising from your access to, use of, or reliance upon such Third-Party Content or User Submissions. You acknowledge and agree that DigitalYoog Media: (a) is not responsible for the availability or accuracy of such Third-Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to, reliance on, or use of such Third-Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third-party websites or User Submissions; and (d) does not make any promises to remove Third-Party Content from being accessed through the DigitalYoog Media website or its services. All the contents of the DigitalYoog Media website are only for general information. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries on any part of the DigitalYoog Media website is the personal opinion of the experts/consultants/persons and is not endorsed by DigitalYoog Media.
We endeavor to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by the general public; therefore, the accuracy, integrity, or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matters.
By using the chat and other community services, you agree not to upload, post, or otherwise transmit any matter or views that are defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of applicable laws. You may also not indulge in cyberstalking, become or create a nuisance for any visitor/user of the DigitalYoog Media website.
You may not send, submit, post, or otherwise transmit material or messages that contain software viruses or any other files designed to interrupt, destroy, and negatively affect any electronic equipment in connection with the use of the DigitalYoog Media website or other users’ ability to engage in real-time exchanges.
12. Representations & Warranties:
i. You shall not use, upload, post, email, transmit, or otherwise make available any content or comment that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, and/or racially, ethnically, or otherwise objectionable.
ii. You shall not impersonate any person or entity, including DigitalYoog Media, its officials, forum leaders, guides, or hosts, or falsely state or otherwise misrepresent your affiliation with a person or entity.
iii. You shall not harm, influence or make inappropriate contact or seek to harm, influence or make inappropriate contact with minors or vulnerable persons in any way.
iv. You shall not forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the service.
v. You shall not use, upload, post, email, transmit, or otherwise make available any content or comment that infringes and/or passes off or harms or seeks to harm any patent, trademark, service mark, trade secret, brand, copyright, or other proprietary rights or personal rights (“Rights”) of any party.
vi. You shall not upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, privileged and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
vii. You shall not use, upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, false or fraudulent advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
viii. You shall not use, upload, post, email, transmit, or otherwise make available any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
ix. You will not use, upload, post, email, transmit, or otherwise make available any content which threatens the unity, integrity, defense, security and/or sovereignty of DigitalYoog Media or its borders, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation; or shows incorrect borders or territory of DigitalYoog Media.
xi. You shall not use, upload, post, email, transmit, or otherwise make available any content to cache or archive content from the DigitalYoog Media website or any part thereof.
xii. You shall not use, upload, post, email, transmit, or otherwise make available any content or device or software designed to or having the effect of circumventing any restriction, condition, or technological control to the access of the DigitalYoog Media website, including overriding or bypassing or compromising any security features, controls, or limits.
13.1. All the contents of the DigitalYoog Media website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision or action. Any specific advice or replies to queries on any part of the DigitalYoog Media website is the personal opinion of such experts/consultants/persons and is not subscribed to by DigitalYoog Media. The information from or through this site is provided on an “AS IS” and “as available” basis, and we do not warrant that the DigitalYoog Media website will operate error-free or that the website and its servers are free of computer viruses or other harmful mechanisms. If your use of the website or content therein results directly or indirectly in the need for servicing or replacing equipment, software, or data, we are not responsible for any such costs. The DigitalYoog Media website and content are provided on an “as is” basis without any warranties of any kind, and to the maximum extent permitted in law, all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service, or channel, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. You should not rely on the content of the DigitalYoog Media website as a substitute for, nor does it replace any medical, financial, tax, legal, educational, or other professional advice. If you have any questions or inquiries about your health, you must seek the advice of your doctor. Prior to any sale or purchase of any product, real estate, securities, or investment, you should consult your financial advisor. The use of the DigitalYoog Media website is solely at your risk.
13.2. We shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, loss of savings, loss of revenue, loss or loss of profits) arising in contract, tort, or otherwise from the use of or inability to use the DigitalYoog Media website, or any of its contents, or from any act or omissions as a result of using the website or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the website. No representations, warranties, or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability, or applicability of the information to a particular situation. We, our affiliates, directors, shareholders, employees, representatives, advertisers, and content providers shall not be liable to you or anyone else as a result of your access to the DigitalYoog Media website for indirect, special, incidental, punitive, or exemplary damages. In any event, our liability, if any, shall not exceed a sum equivalent to the subscription amount paid by you for the period subscribed.
13.3. Certain links on the DigitalYoog Media website lead to resources located on servers maintained by third parties over whom we have no control or connection, business or otherwise, as these sites are external to us, and you agree and understand that by visiting such sites, you are beyond our website. We, therefore, neither endorse nor offer any judgment or warranty and accept no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss, or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transactions on these sites.
13.4. While care is taken prior to the acceptance of Third-Party Promotional Content, it is not possible to verify the same. Third-Party Promotional Content relating to goods, services, and/or financial services, cryptocurrencies, investment opportunities, IPOs, NFOs, data on the market, or articles containing opinions by various research analysts, traders, stock market advisors, brokerage firms, and marketing enthusiasts, etc., provide general advice on trading and investment options. The views and/or purchase or investment tips expressed are solely of the advertiser or analyst/advisor, and not that of the DigitalYoog Media website or its management in any manner. We, therefore, advise you to check with certified experts before making any investment or purchase decision, before acting on the information provided in such Third-Party Promotional Content or articles. The DigitalYoog Media website does not guarantee the accuracy, adequacy, and completeness of any information provided therein. You understand clearly and acknowledge that financial services, cryptocurrencies, investment opportunities, IPO, NFOs, markets, or investment or purchase advice for any goods or services may involve a high degree of risk.
We take no responsibility for any loss or damage incurred or suffered by any persons or entities acting on third-party promotional content or any advice from articles referred to above, or entering into any agreements or otherwise, in any manner whatsoever, without having taken expert advice or making necessary inquiries. You assume complete and full responsibility and outcomes of your actions and decisions that you make based on any third-party promotional content or advice.
User agrees to indemnify and hold DigitalYoog Media, its subsidiaries, affiliates, their directors, shareholders, officers, employees, and representatives, harmless from any claim, demand, loss, cost, liability, expenses, or damage, including reasonable attorney’s fees and the cost of litigation, asserted by any third party due to and/or arising out and/or connected with your use of or conduct on the DigitalYoog Media website in breach of these terms and conditions. This clause along with your representations, warranties, and undertakings shall survive the expiry or termination of the User Agreement.
We reserve the right to disclose any personal information about you and your use of the DigitalYoog Media website, including its contents, without your express prior permission, if we have a good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process; (b) protect and defend our rights or property(ies); (c) enforce these Terms & Conditions; (d) to protect the rights and interests of minors and members of the public, third parties, or others.
15. Force Majeure
Although we will endeavor to provide constant, uninterrupted access to the DigitalYoog Media website, we do not guarantee it. We accept no responsibility or liability for any interruption, delay, or disconnection due to force majeure or acts of God.
16. Sharing of Content of the DigitalYoog Media Website
The contents of the DigitalYoog Media website are proprietary in nature and should not be shared with anyone. This condition shall not apply to sharing individual articles on social media websites for the purpose of initiating discussions and expressing opinions.
17. Your Obligations You hereby agree and assure DigitalYoog Media that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances, or other such requirements of any applicable Central, State, or local government or any other international laws. You specifically agree to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye-laws, and notifications made thereunder while on the Site. You further concur that you shall not:
a. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections on the digital-yoog.com or the Services.
b. either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, transform, publish, translate, broadcast, perform, display, sell, transmit, disseminate or retransmit the content or any portion thereof or delete or fail to display any promotional taglines included on the Site/Service either directly or indirectly unless expressly permitted by us;
c. either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content, including geo-filtering mechanisms;
d. use the digital-yoog.com or the Services in any manner that could damage, disable, overburden, or impair and not undertake any action which is harmful or potentially harmful to any DigitalYoog Media server, or the network(s), computer systems/resources connected to any DigitalYoog Media server, or interfere with any other party’s use and enjoyment of the digital-yoog.com or the Services;
e. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites/Services;
f. perform any activity which is likely to cause such harm;
g. carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on digital-yoog.com or internet service or;
h. use the Sites or the Services for illegal or unlawful purposes;
i. disrupt, place unreasonable burdens or excessive loads on, interfere with, or attempt to make or attempt any unauthorized access to Sites or any other website of DigitalYoog Media or the website of any of our customers;
j. forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Sites or the Services;
k. attempt to gain unauthorized access to the Services, other accounts, and computer systems through hacking, password mining, or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services;
l. incorporate the Sites or Services into or retransmit via any hardware or software application or make it available via frames or in-line links unless expressly permitted by us in writing;
m. create, recreate, distribute or advertise an index of any significant portion of the Sites or Services unless authorized by us;
n. use or launch any “robots,” “spiders,” “offline readers,” etc. or any other automated system that accesses the Sites or the Services in a manner that sends numerous automated requests to the Sites’ servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing applications or tools for similar purposes;
o. send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation like solicit login information or access an account belonging to someone else;
q. impersonate or misrepresent your affiliation with any person or entity;
r. encourage or enable any other individual to do any of the foregoing.
In addition, you are strictly prohibited from creating derivative works or materials that are derived from or based on the content in any way, including montages, mash-ups, and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by DigitalYoog Media in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
If you are a publisher of news and current affairs content, then, in addition to compliance with other terms mentioned herein, you shall also furnish details of your user accounts on our Services to the Ministry of Information and Broadcasting as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), and you shall comply with all applicable laws, including said Rules. DigitalYoog Media may, at its discretion, provide such publishers who have provided information under said Rules to the Ministry of Information and Broadcasting, a demonstrable and visible mark of verification as being publishers, which may be visible to all users of the service.
The Site may permit you to post User Submissions, including but not limited to reviews of content available through the Services, comments on such content, etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum. More specifically, when you review/rate any content available on the Services (as per functionality made available on the Sites), you give DigitalYoog Media express rights and consent to display your rating/review in relation to the relevant Content on the Sites, including making it available to other members for viewing. If you do not want your User Submissions/reviews/ratings to be shared in a public forum, do not use these features. These features may change without notice to you, and the degrees of associated information sharing and functionality may also change without notice.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires or through postings to the Services/the Sites and User Submissions, without further compensation, acknowledgment, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying, or improving the Services. By posting/submitting any User Feedback/User Submission on the Sites, you grant DigitalYoog Media a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable license and right in such User Feedback/User Submission to DigitalYoog Media, including the right to display, use, reproduce or modify the User Feedback/User Submission in any media, software, or technology of any kind now existing or developed in the future.
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, at our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites with respect to its User Submissions.
You shall be financially responsible for your use of the Services (as well as for the use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access to the Sites under your name or account and absolve DigitalYoog Media from any liability on this account. You also warrant that all information supplied by you or members of your family for using the Services and accessing the Sites, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Sites, or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
18. Prohibited activities You agree not to host, display, upload, modify, publish, transmit, store, update, or share any information or User Submissions which:
a. belongs to another person and to which you do not have any right;
b. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to a child;
d. infringes any patent, trademark, copyright, or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. impersonates another person;
h. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents the investigation of any offense or is insulting to another nation;
i. contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource;
j. is patently false and untrue and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
k. threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant, including alcohol and Electronic Nicotine Delivery System (ENDS) and like products that enable nicotine delivery, except for the purpose and in the manner and to the extent as may be approved under the Drugs and Cosmetics Act, 1940, and Rules made thereunder;
l. threatens critical information infrastructure;
m. contains misleading information regarding the origin of the content; or
n. otherwise contains objectionable content.
You understand and agree that DigitalYoog Media may, but is not obligated to, review the User Submissions and may delete or remove them (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.
DigitalYoog Media reserves the right to preserve records of content transmitted by it as required under applicable laws.
19. General Terms Relationship: None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and DigitalYoog Media, and you shall have no authority to bind DigitalYoog Media in any manner, whatsoever. This agreement is solely for your and DigitalYoog Media’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
Assignment: You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. DigitalYoog Media may assign, transfer, delegate, and/or grant all or any part of its rights, privileges, and properties hereunder to any person or entity.
Geographic Limitation: The Sites and/or the Services are controlled and offered by DigitalYoog Media from its facilities in the territory of India. DigitalYoog Media makes no representations that the Sites or Services are appropriate or available for use in other locations. If you are accessing or using the Sites or Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Sites or Services may contain or provide links to content hosted on websites located outside of India.
Access to use: To access the Services, you will be asked to enter your individual username and password, as chosen by you during your registration. Therefore, DigitalYoog Media does not permit any of the following:
- Any other person sharing your account and Password;
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with DigitalYoog Media as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network.
If DigitalYoog Media reasonably believes that an account and password is being used/misused in any manner, DigitalYoog Media shall reserve the right to cancel access rights immediately without notice and block access to all users from that IP address. DigitalYoog Media reserves the right to reject any username selected by you and/or revoke your right to any previously selected username and give such username to any other person or entity at our sole discretion and without any liability to you. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify DigitalYoog Media immediately of any unauthorized use of your account or any other breach of security. DigitalYoog Media will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by DigitalYoog Media or another party due to someone else using your account or password. If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address, DigitalYoog Media reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
Availability: The availability of content through the Services may change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
Limited time to bring your claim: You agree that any cause of action arising out of or related to use of the Sites or the Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action will be permanently barred.
Survival: Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Non-Waiver: Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
Entire agreement: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
20. Disclaimer of warranties and liability You understand and agree that DigitalYoog Media provides the Services on an ‘as-is,’ ‘with all faults,’ and ‘as available’ basis. You agree that use of the Sites or the Services is at your risk. All warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, are disclaimed and excluded.
No representations, warranties, or guarantees whatsoever are made by DigitalYoog Media as to the (a) accuracy, adequacy, reliability, completeness, suitability, or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the Sites will meet your expectations or requirements; (d) any errors in the Sites will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of DigitalYoog Media, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
DigitalYoog Media does not warrant that any of the software used and/or licensed in connection with the Services will be compatible with other Third-Party software or devices, nor does it warrant that the operation of the Services and the associated software will not damage or disrupt other software or hardware.
Any transactions relating to sale/purchase of goods or services not directly offered by DigitalYoog Media are to be settled inter-se between the parties to such transaction, and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed by DigitalYoog Media. DigitalYoog Media merely endeavors to provide a platform where you and other parties may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. DigitalYoog Media does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you who are entirely responsible for all the activities arising out of the transactions of sale/purchase of goods or services offered by any other party and not DigitalYoog Media. DigitalYoog Media will not be liable for any loss that you may incur while selling or purchasing goods/services of the third party.
Under no circumstances will DigitalYoog Media be held responsible or liable, in any way, for any content which, in Legal opinion, is derogatory, threatening, defamatory, obscene, or offensive or offends public sensibilities or morals and shall also not assume liability for 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 content posted or uploaded on the Sites, or any infringement of another’s rights, including intellectual property rights. You specifically agree that DigitalYoog Media is not responsible for any content sent using and/or included in DigitalYoog Media’s Sites/Services by any third party.
DigitalYoog Media, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Sites or the Services, whether based in contract, tort, strict liability, or other theory, even if DigitalYoog Media has been advised of the possibility of damages.
In the event any exclusion contained herein is held to be invalid for any reason and DigitalYoog Media or any of its affiliate entities, officers, directors, or employees become liable for any loss or damage, then, any such liability of DigitalYoog Media or any of its affiliate entities, officers, directors, or employees shall be limited to not exceed the amount paid by the user for the particular information or service provided. The foregoing limitations will apply even if any remedy provided under these Terms fails of its essential purpose.
Legal disputes: Any dispute or claim arising out of or in connection with these Terms or your use of the Services will be subject to the exclusive jurisdiction of the courts of India.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
Headings: Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
Notice: Any notice required to be given under these Terms by you to DigitalYoog Media shall be in writing and addressed to DigitalYoog Media (OPC) Private Limited, 03, Sundarvan, Ratlam, Madhya Pradesh, india, 457001