Terms & Conditions
The website http://www.tweakindia.com (the “Website”) developed, owned and operated by Tweak India LLP (“TI”) is offered to its visitors, who may view the Website (“Visitors”) upon the Terms and Conditions provided hereunder. By accessing and/or using the Website, you (“the User”) agree (1) to be bound by these Terms and Conditions and are deemed to have read and understood all of its contents and implications; and (2) to grant free and unconditional consent to be subject to these Terms and Conditions as applicable.
User Submissions and Content:
This Website facilitates the posting/ uploading/ submission of photos, profiles (including the name, image, and likeness of the person posting / publishing them), messages, notes, text, information, video, links to other websites and other content including without limitation comments posted by other Visitors (the “Content”), by the Visitor/User posting the. The User may submit their Content through the website interface. The User shall be responsible in all respects for the Content posted / published by them and any consequences that may arise from posting / publishing such Content. The User represents and warrants that, (i) where the Content does not belong to the User, the User has procured the right or the necessary permission or license to use the Content; and, (ii) The User shall not post or publish any Content which is in contravention of any Indian law, that which has not been created by the User, or that which violates on the right of another person.
The User by posting/ uploading/ submitting Content grants TI a worldwide, nonexclusive, perpetual, transferable, and royalty-free license (with the right to sublicense, to use for all purposes as deemed fit by us including but not limited to by way of commercial exploitation, promotional use, etc.) to store, archive, copy, reproduce, process, adapt, crop, modify, publish, transmit, perform, display, distribute, right to us to copy, prepare derivative works or abridged version of such Content in any and all media, improve, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information the User provides, directly or indirectly by submitting, posting or displaying or otherwise making available the Content and/or uploading the content on or through the Website. TI has the sole right to perform the above mentioned activities without any further consent, notice and/or compensation to the User or to any third parties.
TI may from time to time review the Contents of the Website. TI has the exclusive right to delete or remove, without notice, any Content that, in its sole judgment, is in violation of the Terms and Conditions mentioned herein, or is offensive, illegal or harmful to the sentiments of a Visitor or any other person.
The User will not (i) contravene any Indian law for the time being in force, (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the User is the owner of such rights, or has the necessary permission from the rightful owner of such material to post the Content, and hereby grants TI all of the license rights granted; (iii) publish falsehoods or misrepresentations that could damage TI or any third party; (iv) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise considered inappropriate; or (v) misidentify one’s self in submitting the Content or misstate one’s true identity.
User submissions are the opinions of the User and TI does not endorse any Content or any recommendation or advice expressed therein. Further, TI expressly disclaims any and all liability in connection with Content submitted by the User. By posting or publishing any Content on to the Website, the User hereby grants a world-wide, royalty free, non-exclusive, transferable license to use, copy, prepare or derive from the Content in any media throughout the world. Information posted or published on the Website is non- confidential, and the User submits such information at their own risk.
Personal information of the User such as e-mail addresses, etc. are not sold or shared by TI with third-parties. The User grants consent to TI to use and share the personal information provided by the User for TI’s business purposes and/or for the purposes of investigation under good faith and belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on TI; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Website; or (c) helpful to protect TI’s rights, reputation, property, or that of TI’s users, subsidiaries, or the public.
The User must bear in mind that the Website hosts Content posted / published from a variety of sources and that TI shall in no way be responsible for the accuracy or truthfulness of the Content posted / published. Further, TI shall not be responsible for any claim, error, omission made by advertisers on the Website.
The User agrees to the terms and conditions of conduct set our herein below with reference to the Content.
The User agrees that:
1. He / She/They is/are over 18 years of age.
2. The User will not publish, post, display, upload, distribute or disseminate any profane, defamatory, infringing, obscene, pornographic, sexually explicit or unlawful topic, name, material or information of any kind.
3. Provide material that exploits or violates any person in any manner.
4. Provide false information on the registration form /profile, or impersonate others so as to mislead or confuse other Users regarding the source of the Content.
5. Present to third-parties any Content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of TI.
6. Use the Website in violation of any local, state, national or international law, statute, ordinance, regulation, rule, code or guidelines for the time being in force.
7. Upload files that contain software or other material that violates the intellectual property rights of any third party.
8. Upload content /files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or computer systems.
9. Use the Website as a platform to advertise or offer to sell any goods or services for any purpose, whether or not commercial, without the express permission of TI, and in accordance with the terms and conditions laid down by TI with reference to the same.
10. Violation of any of the Terms and Conditions set out herein gives TI the right to take action against the User, which could extend to the User being blocked from accessing the Website and / or legal action.
In the event that a User or Visitor is exposed to Content on the Website which they believe is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or damaging towards any religion, ethnic group, club, organisation, company or individual, TI encourages the User or Visitor to report such material to TI at editor@tweakindia.com, so as to enable TI to take appropriate action.
Indemnity:
The User agrees to defend, indemnify and hold harmless TI, and its officers, directors, employees, contractors, sub-contractors, partners, licensors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the User’s use of and access to the Website; (ii) the User’s violation of any term of these Terms Conditions; (iii) the User’s violation of any third party right, including without limitation any copyright, intellectual property, publicity or privacy right; or (iv) any claim that Content posted by the User’s has caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and the User’s use of and access to the Website.
Visitor to Comply with Applicable Laws:
This Website may be accessible from places that are out the geographical boundaries of the Republic of India. TI makes no representation that the material available on the Website is appropriate for use in other locations.
Visitors / Users that access the Website from locations other that the geographical boundaries do so at their own risk, and shall be responsible for compliance with the laws of India.
Change of Terms and Conditions without Notice:
TI may change these Terms and Conditions without notice. Continued use of this Website indicates an acceptance to the Terms and Conditions herein and any subsequent changes that may be made from time to time. TI recommends that the User / Visitor re-visits these Terms and Conditions from time to time to understand and be fully aware of the user policy of this Website.