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Document sets forth the terms and conditions ("Terms and Conditions") governing
your use of the Viva Books web site located (http://www.vivagroupindia.com) ("Web
Site") and the information and services made available on and through the Web Site.
Please read this page carefully. The Terms and Conditions, when agreed to by you
will form a binding Agreement between you and Viva Books Private Limited.
Acceptance of Terms and Conditions of Use: Your use of the Web Site indicates your
acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions,
you may not use the Web Site. From time to time these Terms and Conditions may be
revised by updating this document and posting it on the Web Site. It is your obligation
to review these Terms and Conditions from time to time. Your continued use of the
Web Site will constitute your agreement to the most current version of these Terms
and Conditions. If at any time you do not agree to these Terms and Conditions, you
must cease your use of this Web Site.
Termination of Access: The use of this Web Site and its services is a privilege.
Viva Books reserves the right to suspend your use of this Web Site for any reason
at any time, in its sole discretion. Questions concerning the use of the Web Site
and its services should be directed to webresponse@vivagroupindia.net.
Definitions. For the purposes of this Agreement, the following definitions apply:
"Content" includes all Text, Graphics, Design and Programming used on the Web Site.
"Text" includes all text on every page of the Web Site, whether editorial, navigational,
or instructional.
."Graphics" includes all logos, buttons, and other graphical elements on the Web
Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Web Site.
"Programming" includes both client-side code (including but not limited to HTML,
JavaScript, etc.) and server-side code (including but not limited to Active Server
Pages, VBScript, databases, etc.) used on the Web Site.
"User" refers to any individual who uses any aspect of the Web Site or its services.
"You" refers to the person accessing the Web Site and agreeing to these Terms and
Conditions.
Intellectual Property Rights. All Content on the Web Site is the sole property of
Viva Books or their respective owners, as indicated, and is protected by Indian
Copyright Law and Indian Trademarks Law. Viva Books authorizes you to view and download
a single copy of the Content on the Web Site solely for your personal, noncommercial
use. You may not reproduce, modify, display, sell, or distribute the Content, or
use it in any other way for public or commercial purpose. The foregoing limitations
include, but are not limited to, copying or adapting the HTML code used to generate
Web pages on the Web Site, as well as any Graphics.
The "look" and "feel" of the Web Site (including color combinations, button shapes,
layout, design and all other graphical elements) are also protected by Indian Copyright
Law and Indian Trademarks Law. All product names, names of services, trademarks
and service marks ("Marks") are the property of Viva Books or the property of their
respective owners, as indicated. You may not use the Marks for any purpose whatsoever
other than as permitted by these Terms and Conditions.
Acceptable Use of the Web Site: The Web Site and its services are intended to facilitate
the offering for sale of books and products of third parties. The Web Site may be
used in a manner consistent with this purpose, and only within the context of the
products, services and information set forth on the Web Site. The information displayed
on the Web Site may not be used for any purpose except in connection with your direct
use of the Web Site as permitted by these Terms and Conditions, and may not be excerpted,
summarized, duplicated or otherwise removed from the Web Site. In addition, you
represent, warrant and agree that you will not use (or plan, encourage or help others
to use) the Web Site for any purpose or in any manner that is prohibited by these
Terms and Conditions or by applicable law. Your use of the Web Site is also subject
to the following restrictions:
You may not send unsolicited commercial email to Users. In addition, spam, chain
emails, advertising solicitations and similar email solicitations are expressly
prohibited. You may not delete, edit or revise any material posted by any other
person or entity. You may not copy, duplicate, download or otherwise use any material
posted by any other person or entity except for the purposes permitted by these
Terms and Conditions.
You may not interfere with the proper operation of the Web Site including, but not
limited to, by attacking, hacking into, or otherwise attempting to penetrate any
non-publicly accessible elements of the Web Site, through the use of bots, Trojan
Horses, viruses, DNS attacks, or other technology which is designed or intended
to interfere with the proper operation of the Web Site or the use of the website
by any Users.
Limitations on Information Submitted. Any submission of information to Viva Books
through the Web Site is subject to the following guidelines and restrictions:
It may not contain URLs or links to any Internet Web sites (To advertise your company
or Web site, contact our Sales department).
It may not contain copyrighted material (unless you own the copyright or have the
owner's permission to post the copyrighted material). It may not contain trade secrets
(unless you own them or have the owner's permission to post them). It may not contain
material that infringes on the intellectual property rights of others, including
but not limited to, copyright, trademark, patent, or trade secret rights. It may
not contain material that is sexually explicit, obscene, libelous, defamatory, threatening,
harassing, abusive, or hateful. It may not contain information that is known by
you to be untrue, false or misleading or which does not fairly or accurately depict
or describe the subject matter, which is the subject of the information posted by
you. It may not present information which impersonates another person, whether living
or dead, misstate the identity of any person, or misstate or mislead as to gender
or age. You may not solicit money, investments or make any offering of securities
or investments. You may not submit chain letters or pyramid schemes. You may not
submit opinions or notices, commercial or otherwise.
Monitoring of Information. Viva Books does not assume any obligation to review the
accuracy, completeness, truthfulness or content of any information submitted to
the Web Site. User assumes the risk of verifying the accuracy of information posted
through independent investigation. Notwithstanding, Viva Books may in its discretion
review information submitted to the Web Site for any purpose whatsoever and it reserves
the right, in its sole discretion, to reject any information submitted to the Web
Site for any reason whatsoever.
Rights to Information. User hereby grants to Viva Books an irrevocable, perpetual,
worldwide right and license to use and display all information submitted by you,
subject to the Privacy Guidelines set forth herein.
Security Rules. To ensure the security of the Web Site and of Users,
the following security rules govern your use:
Protect your password. You are responsible for maintaining the confidentiality of
your information and password, and you are responsible for all uses of your registration,
whether or not authorized by you. In the event you lose your password or become
aware of misuse or unauthorized use of your password, it is your obligation to notify
Viva Books. Viva Books shall have no responsibility for loss or misused passwords
or for unauthorized access occasioned by the foregoing.
Prohibited Uses: Accessing data not intended for you or logging into a server or
account which, you are not authorized to access. Attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without proper authorization. Attempting to interfere with service to any
User, host or network, including, without limitation, via means of submitting a
virus to the Web Site, overloading, "flooding", "mailbombing" or "crashing". Sending
unsolicited e-mail, including promotions and/or advertising of products or services.
Forging any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting.
Violation of these Security Rules may result in civil or criminal liability in addition
to the termination of your access rights. Viva Books will investigate occurrences,
which may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
Termination of Access to Web Site. Users who violate these Terms and Conditions
may be denied access to the Web Site at the sole discretion of Viva Books.
Disclaimer of Warranties and Limitations of Liability. Your agreement to the following
disclaimers and limitations are a material inducement to Viva Books to permit you
to access the Web Site. Your use of the Web Site, and the obligations and liabilities
of Viva Books in respect of your use of the Web Site, is expressly limited as follows:
Conduct of Users. Viva Books assumes no responsibility for the activities or conduct
of Users. Third Party Information. The Web Site displays the content, services,
products or hyperlinks of other companies or persons. Notwithstanding the presentation
of any third party information on the Web Site, no such presentation shall be considered
an endorsement, representation or warranty, either express or implied, by Viva Books
on behalf of or any third party. In addition, Viva Books does not endorse, warrant
or otherwise guarantee the substance of any information posted by Users or third
parties on the Web Site Viva Books shall have no liability or responsibility whatsoever
for the content, subject matter or substance of any information accessed or obtained
from third party Web sites accessed from the Web Site. Access to third party Web
sites from the Web Site is done at your own risk. Viva Books does not warranty any
products purchased through the Web Site or purchased in reliance on information
obtained from the Web Site. Warranties on purchased products, if any, are provided
by the product's manufacturer.
Accuracy of Information. Viva Books makes no representations or warranties regarding
the truthfulness, accuracy, completeness, timeliness or reliability of any information
submitted by Users, or of any other form of communication engaged in or information
exchanged by Users. Information on the Website may contain inaccuracies or typographical
errors. You acknowledge that any reliance on information submitted by Users or on
any other form of communication with Users will be at your own risk.
DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY
WHATSOEVER. VIVA BOOKS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT
OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL VIVA BOOKS BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIVA BOOKS IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. VIVA BOOKS HAS MADE THIS SERVICE AVAILABLE TO
USE AS A MATTER OF CONVENIENCE. VIVA BOOKS EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY
ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH
OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN
AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER
SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT VIVA BOOKS RESERVES THE
RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL
PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT
OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED
IN THIS REGARD FROM TIME TO TIME.
Indemnification. You agree to indemnify, defend and hold harmless Viva Books from
and against any and all liability, claims, causes of actions, damages, costs and
expenses, including but not limited to, attorneys fees and costs of suit, arising
out of your breach of these Terms and Conditions.
General. These Terms and conditions are governed by the laws of New Delhi, India,
without respect to its conflict of laws principles. Jurisdiction for any claims
arising under these Terms and Conditions shall lie exclusively with the state courts
in New Delhi, India. If any provision of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. The failure of Viva Books to enforce
any term or condition of these Terms and Conditions shall not be deemed a waiver
thereof and shall not prevent its later enforcement. |
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