IMR MEDIA PVT LTD
LIMITED LICENSE
WWW.IMRMEDIA.IN is produced and operated by IMR Media Pvt Ltd (herein called “IMR Media”). IMR Media currently provides this service free of charge to you under the terms and conditions primarily set forth in this Acceptance of Terms of Use section of this Web site. However, there may be additional terms and conditions in other sections of this Web site, which are expressly incorporated herein and also must be observed and followed (collectively referred to hereinafter as “Terms of Use”). BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO ABIDE BY THE TERMS OF USE.
Subject to the Terms of Use, IMR MEDIA grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use and privately display this Web site for your legitimate personal and/or business needs. Any other use of this Web site is expressly prohibited and constitutes a material violation of the Terms of Use. Prohibited uses include, without limitation, using email addresses obtained from this Web site for solicitation purposes of any kind, directly or indirectly, the use of data mining, robots or other similar data gathering and extraction tools, and making any derivative works based, in whole or in part, on any portion or all of this Web site.
You must be 18 years or older to use this Web site. IMR MEDIA reserves the right, at its sole discretion, to change, modify, add or remove the Terms of Use, in whole or in part, at any time without prior notice or liability. Your continued access or use of this Web site after any such change, modification, addition or removal of the Terms of Use will constitute your acceptance thereof. Further, IMR MEDIA reserves the right, at its sole discretion, and without prior notice or liability, to terminate, modify or add any features to this Web site at any time.
LIMITING ACCESS
IMR MEDIA reserves the right, as its sole discretion, and without prior notice or liability, to limit or terminate your access to this Web site and you agree to abide by such limit or termination.
USE RESTRICTIONS
You agree not to modify, add or delete any content on this Web site, without the express written permission of IMR MEDIA. Further, you agree not to interrupt or attempt to interrupt the operation of this Web site or access thereto by other users. You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Web site, the services offered on this Web site, or access to this Web site. You agree that information you provide to this Web site or the manufacturers and distributors whose products are present in any online catalogue of this Web site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Web site or to the manufacturers and distributors whose products are present in any online catalogue of this Web site.
LINKING TO THIS WEB SITE
You may link to this Web site, so long as it does not portray IMR MEDIA or its affiliates in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner. Further, the linking site must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation with IMR MEDIA may be indicated without IMR MEDIA’s express written permission. IMR MEDIA reserves the right to require that you remove any link to this Web site for any reason, and you agree to carry out the removal immediately. Unless specifically set forth in writing by IMR MEDIA, any link to this Web site must not appear prominently on the linking site so as to confuse or mislead users as to the affiliation, sponsorship, etc. of IMR MEDIA and the linking site.
OWNERSHIP AND INTELLECTUAL PROPERY
This Web site is owned and operated by IMR MEDIA.
You may view, download, print and retain a copy of pages of our Web site only for your own legitimate personal and/or business needs. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Web site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Web site you may contact us at contactus@imrmedia.in. All rights not expressly granted herein are reserved.
“IMR”, the IMR MEDIA design and flag and other marks appearing on this Web Site are trademarks of IMR MEDIA. Marks without the registration symbol are either under application for registration are considered to be common law marks of IMR MEDIA. You agree not to use any meta tags or other hidden text utilizing IMR MEDIA’s name or any of its trademarks without the express written consent of IMR MEDIA.
© 2020 IMR MEDIA PVT LTD. All Rights Reserved Throughout the World. IMR MEDIA claims a copyright interest in each page of this Web site and the Web site as a whole, as well as in the individual content, including, without limitation, any catalogue as a whole and all search forms (but excepting any individual catalogue information in the form provided to IMR MEDIA, which is the property of the various manufacturers and distributors providing such information for this Web site), all of which is protected by United States, India and international copyright laws. No portion of this Web site or the Web site as a whole may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of IMR MEDIA.
You acknowledge that the information IMR MEDIA has about its users, including, without limitation, names, email addresses, usernames, passwords, site usage history, etc., is governed by its Privacy Policy and may also be a trade secret. In addition, you acknowledge that any information IMR MEDIA has about the aggregate usage of this Web site and any agreements IMR MEDIA has with manufacturers and distributors providing content for this Web site are also trade secrets.
GENERAL
If any court of competent jurisdiction deems any provision of these Terms of Use to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of the Terms of Use, and the remaining provisions shall remain in full force and effect.
The headings in this section of the Web site are intended solely for convenience and are not considered to be terms within the Terms of Use.
The Terms of Use constitutes the entire agreement between IMR MEDIA and you with regard to your access and use of this Web site, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.
NO WARRANTY/DISCLAIMER/LIMITATIONS ON DAMAGES
Technical data and statistical information contained in any electronic catalogue of this Web site have been derived from information supplied by the respective manufacturers and distributors. Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy. The data and information contained in any electronic catalogue are intended for use by persons possessing technical skill and knowledge. Conditions of use of the items listed in any electronic catalogue are beyond our knowledge or control and consequently we assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented. Users of any electronic catalogue do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in any electronic catalogue.
THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IMR MEDIA SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INLCUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVISE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY IMR MEDIA OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL IMR MEDIA BE LIABLE FOR ANY INJURY, EXPENSES, PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY LOSS OR EXPENSE ARISING OUT OF THE ACCESS, USE OR INABILITY TO USE ANYTHING ON THIS WEB SITE OR ANY PRODUCT DESCRIBED IN ANY ELECTRONIC CATALOGUE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY THEREOF.
If, despite the language of the Terms of Use, IMR MEDIA becomes liable to you for anything arising out of or related in any way to your access, use or inability to use this Web site or any product described in any electronic catalogue, then IMR MEDIA’s total liability to you shall not exceed the total payments actually made by you to IMR MEDIA or INR 500, whichever is greater.
INDEMNITY
You agree to indemnify and hold IMR MEDIA and, where applicable, its parent, subsidiaries, officers, directors, agents and employees, as well as manufacturers and distributors whose content appears on this Web site, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related in any way to your access, inability to access or use of this Web site, or any breach by you of the Terms of Use.
THIRD PARTY SITES/EMAIL
As a convenience to you, IMR MEDIA may provide on this Web site one or more links to third party Web sites and/or provide email contacts respecting third parties. IMR MEDIA makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party Web sites, email correspondence with third parties, and business or other transactions with third parties found through this Web site. Please understand that such third parties are independent from and not controlled by IMR MEDIA, even if, for example, a IMR MEDIA link or logo appears on a Web site linked from this site. It is up to you to take whatever precautions are necessary in order to protect against viruses, worms, Trojan horses or other malicious code.
INTERNATIONAL USERS
This Web site is controlled, operated and administered by IMR MEDIA from within India. IMR MEDIA makes no representation that this Web site is available for access or use at other locations outside India. However, any access or use from outside India is still subject to the Terms of Use. Access to this Web site is expressly prohibited from territories where this Web site or any portion thereof is illegal. You agree not to access or use any information or materials on this Web site in violation of Indian export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing this Web site.
COPYRIGHT POLICY
If you are notifying IMR MEDIA of alleged copyright infringement, please be sure to provide the following information:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* A description of the copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
* A description of material that is claimed to be infringing 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;
* Information reasonably sufficient to permit us to contact you, the complaining party, such as an address, telephone number, and/or an electronic mail address;
* 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, or its agent, or the law; and
* A statement by you that the information in the notification is accurate, and under penalty of perjury, that the complaining party has the authority to enforce the copyrights that are claimed to be infringed.
THIRD PARTY CONTENT ON WEB SITE
IMR MEDIA is a distributor and not a publisher of the content supplied by third parties on the Web site. IMR MEDIA does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including merchants, suppliers, providers, sponsors, licensors, or any customer or user of the Web site, are those of the respective authors or distributors and not of IMR MEDIA or its affiliates or any of its officers, directors, employees, or agents. Neither IMR MEDIA nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any merchant, supplier, provider, sponsor, licensor, or any other customer or user of the Web site, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available on the Web site represents the opinions and judgments of the respective merchants, suppliers, providers, sponsors, licensors, customers or users of the Web site, whether or not under contract with IMR MEDIA. IMR MEDIA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Web site by anyone other than authorized IMR MEDIA employees. Under no circumstances shall IMR MEDIA, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Web site.
COMPLIANCE WITH LAWS AND EXPORT REGULATION
You agree to use this Web site and the content thereon in compliance with all applicable laws, statutes, ordinances and regulations governing your use of our Web site.
ADVERTISING
Our Web site may contain third party advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Web site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
CHOICE OF LAW/FORUM FOR DISPUTES/JURISDICTION
The validity, construction and performance of the Term of Use of this Web site and the legal relations between you and IMR MEDIA shall be governed by and construed in accordance with the laws of India, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied.
Any dispute between you and IMR MEDIA arising out of or relating in any way to your access or use of this Web site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party’s written request for negotiation, the parties shall endeavour to first settle the dispute by mediation administered by the Indian rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute.
Any dispute between you and IMR MEDIA described in the previous paragraph shall be brought before an alternative dispute resolution body within 50 kms of IMR MEDIA’s corporate headquarters as of the date of the initiating party’s written request for negotiation. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Further, any judgment on the award rendered by the arbitrator may be entered only in a court within 50 kms of IMR MEDIA’s corporate headquarters as of the date the award is rendered by the arbitrator. You agree that any such court shall have personal jurisdiction over you for purposes of any such judgment.
You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and IMR MEDIA.
Should mediation or arbitration as described herein not take place or not completely resolve a dispute for any reason, you agree that the sole jurisdiction and venue for any litigation arising from your use of our Web site shall be an appropriate court of law located in New Delhi, and you hereby submit to the jurisdiction of these courts.
