Monday, 06 September 2010
Home Terms Of Service

07

May

Northeasterner Terms of Service

Welcome to Northeasterner Website!

1. User relationship with Northeasterner

Northeasterner (service provider of www.notheasterner.in or www.northeasterner.co.in) provides access to northeasterner website (hereinafter “Northeasterner” or the “Site”).

Use of the Site is subject to the following terms and conditions of use (hereinafter “Terms of Service”), which constitute a legal contract between the User (as either an individual or a legal entity) (hereinafter “User”) and the Service Provider. By accessing or using the Site, the User agrees to be bound by the Terms of Service and to comply with all applicable laws and regulations. The right to use Northeasterner is personal to User and is not transferable to any other person or entity.

If the User is entering into this agreement on behalf of a corporation or other legal entity, or accessing or using the Site as a part of the User’s duties as an employee of a corporation or other legal entity, the User hereby represents and warrants to the Service Provider that the User is authorized to act on behalf of such corporation or legal entity and to bind the same to the Terms of Service and all obligations arising hereunder. All rights and licenses granted hereunder are personal to the User and shall not include any right sublicenses to any third party except as expressly set forth hereunder.

2. Northeasterner and its Content

Northeasterner is an initiative to build a knowledge pool for the seven plus one north-eastern states of India.

Northeasterner is not a publisher of content. The news content is sourced from third parties and users. Accordingly, Northeasterner 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 Northeasterner , are those of the respective author(s) or distributor(s) and not of Northeasterner. Neither Northeasterner 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 apart from the news, the content available through Northeasterner represents the opinions and judgments of the respective information provider or the User. The Service Provider neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Northeasterner by anyone other than authorized Northeasterner employee spokespersons while acting in their official capacities. The User is solely responsible for the content including without limitation, the text, opinions, judgments, software, scripts, graphics, photos, sounds, videos, interactive features and the like that the User posts on the Site, and any material or information that the User transmits to other members and for the User’s interactions with other users. Northeasterner does not endorse and has no control over the contents posted by the Users.

Contents posted by the User are not necessarily reviewed by the Service Provider prior to posting and does not necessarily reflect the opinions and policies of Northeasterner. The Service Provider makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information available in Northeasterner. Under no circumstances will Service Provider be liable for any loss or damage caused by a User's reliance on information obtained through Northeasterner. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Northeasterner. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

3. Provisions of the Services by Northeasterner

The Service Provider shall have the right at any time to change or discontinue any aspect or feature of Northeasterner, including, but not limited to, content, hours of availability, and equipment needed for access or use at its own discretion without any prior notice. The user acknowledges that if Northeasterner disables the user’s account or stops the service (temporarily or permanently), all the user’s data can be permanently lost.

4. Access and use of the Site

In order to access some features of the Site, the User will have to create an account. The User shall not use another member’s account without permission. When creating the User’s account, the User must provide accurate and complete information.

The User is granted permission to access and use the Site, including permission to download, copy and display materials contained on the Site, on a limited basis for internal, non commercial, information purposes only and strictly subject to the Terms of Service. The permissions granted by the Terms of Service shall extend to officers, directors, employees and agents authorized by the User in accordance with the Terms of Service, subject to such authorized users being bound by the Terms of Service to the extent as the User. The User shall be liable, jointly and severally, for all acts and breaches of the Terms of Service by any authorized users.

5. Changed Terms.

The Service Provider shall have the right at any time to change or modify the terms and conditions applicable to User's use of Northeasterner, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Northeasterner, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Northeasterner by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

6. User Conduct.

User agrees to abide by all applicable local, state, and foreign laws, treaties and regulation applicable to use of the Site. User shall use Northeasterner for lawful purposes only.

User shall not in any manner:

(i) distribute, use or make copies of, or otherwise duplicate the materials contained on the Site, except as expressly authorized under this Terms of Service;

(ii) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the Site, or create any Internet “link” to the Site without prior express authorization from the Service Provider, or frame or mirror the materials or services contained on or accessible from the Site on any other server or Internet-based device;

(iii)remove alter, amend or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend or any license agreement, included or provided with the Site.

In addition, the User also agrees not to use the Site to post or transmit through Northeasterner any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, abusive, harassing, tortuous, harmful, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Northeasterner's express prior approval, contains advertising or any solicitation with respect to products or services.

Any conduct by User that in Northeasterner's discretion restricts or inhibits any other User from using or enjoying Northeasterner will not be permitted. User shall not use Northeasterner to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Northeasterner.

User shall not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means and shall not use the Site to harass or interfere with another user’s use of the Site.

User is solely responsible for

(i)any and all activities that occur under the User’s account;

(ii) the safe keeping and use of the User’s account password; and

(iii) properly exiting and logging off from the User’s account.

The User shall not share the User’s account with any person or entity that is not an authorized user. Account password, or any other breach of security that is known or suspected by the User, the Service Provider shall not be responsible for any authorized access to, or alteration of the User’s account, or any transmissions, materials, information or data sent or received using.

7. Monitoring

The Service Provider shall have the right, but not the obligation, to monitor the content of Northeasterner , including chat rooms and forums, to determine compliance with this Terms of Service and any operating rules established by the Service Provider and to satisfy any law, regulation or authorized government request.

The Service Provider shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Northeasterner. Without limiting the foregoing, the Service Provider shall have the right to remove any material that the Service Provider, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Prohibition of Pornography on the Site

The User shall choose carefully the information the User posts on the Site. The posts must not include any photographs containing nudity, or obscene, lewd, excessive violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTION WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely , having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the provisions of the Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, if information provided by other users contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, Northeasterner assumes no responsibility or liability for such material.

9. Limitations

Under no circumstances shall the Service Provider be liable to any User on account of that User’s use or misuse of or reliance on Northeasterner services arising from any claim relating to this Terms of Service and or subject matter hereto. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise. Such limitation of liability shall apply whether the damages arise from use or misuse of the Site and the service provided thereunder, from inability to use services provided by the Service Provider (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of any information or advice received through Northeasterner or received through any links provided by Northeasterner. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of Northeasterner or any information or merchandise that appears on or is linked or related in any way to Northeasterner. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

10. User Indemnification

User agrees to indemnify, defend and hold the Service Provider harmless from and against all losses, claims, demands, expenses, damages and costs, including reasonable attorney’s fees arising out of or relating to any misuse by the User of the content and services provided on the Site.

The User agrees and undertakes to indemnify and keep indemnified the Service Provider from and against all losses, claims, demand, damage, costs, charges or prejudice that may be caused on account of the User’s default or breach of any of the Terms of Service.

11. Right of termination of membership

If, in the opinion of the Service Provider, the reasons where for the Service Provider shall not be bound to disclose, the User has contravened, committed hacking or committed breach of any of this Terms of Service, the Service Provider shall be entitled, without any notice, to terminate the membership of the user and to revoke his id.

It is expressly agreed and understood by the user that any breach or default by the User of any of the provisions of this Terms of Service shall result in the immediate cancellation of the User’s membership and revocation of the User’s Id without notice.

The Service Provider of Northeasterner and its employees shall at no time be in any way liable or responsible to the User or to any other person for cancellation of membership and revocation of Id, provided that, the Service Provider shall be entitled to its rights and remedies against the User for any loss or damage or prejudice that may have been caused to the Service Provider on account of any such breach or default by the User.

12. Miscellaneous

This Terms of Service and any operating rules for Northeasterner established by the Service Provider constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

This Terms of Service shall be construed in accordance with the Laws of India, without regard to its conflict of laws rules. 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.

13. Copyrights and Third Party Content

Northeasterner respects the rights of all copyright holders. Northeasterner holds the copyright of the logo, the site design. For third party content, Users should abide by the terms and conditions of the respective news source and thought contributors.

For any questions or requests other than copyright issues or licensing requests, please contact us through the Contact Us interface.

14. DISCLAIMER

All materials, including all information, data, products and samples, and all services, including all technical support, design services, data and information storage provided on or through Northeasterner are provided “as is” without warranties of any kind, express or implied to the fullest extent permitted by law, the Service Provider disclaims all warranties in connection with the Site, materials and services, as further set forth below. No advice or information, whether written or oral, obtain by the User from the Site shall be deemed to alter this disclaimer of warranty or to create any warranty.

No advice or information, whether by representations, oral, written or pictorial derived from the Site or through the site shall be construed to mean the giving of any warranty of any kind by the Service Provider.