What Is? hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access What Is?, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this User Agreement.
Your responsibility for your content: By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. What Is? reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. What Is? takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send on What Is? . You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, post, transmit, display, or otherwise make available or access through your use of What Is? , is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. What Is? is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that What Is? shall not be liable for any damages you allege to incur as a result of such User Content.
Definition of Intellectual Property Rights: For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter e into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
a. What Is? (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or pilation under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
b. By posting or submitting User Content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
d. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of What Is? or any content thereon, except as permitted under the last sentence of this Section 3(d) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 3(d)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we, from time to time, excerpt materials from other sources in order to support the various mentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
e. We are concerned about the integrity of What Is? when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of What Is? in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
DELAYS IN SERVICES
What Is? (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. What Is? shall have no responsibility to provide you access to What Is? while interruption of What Is? due to any such cause continues.
You expressly agree that use of the website is at your sole risk.
The content, information, software, products, features and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the content herein. What Is? and/or its respective suppliers may make improvements and/or changes in this website at any time. This website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. What Is? (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as ‘Associated Entities’ hereafter) shall not be liable to any user of member or any third party should What Is? exercise its right to modify or discontinue any or all of the content, information, software, products, features and services published on this website.
What Is? and/or its respective Associated Entities make no representations about the suitability of the content, information, software, products, features and services contained on this website for any purpose. All such content, information, software, products, features and services are provided “as is” without warranty of any kind. What Is? and/or its Associated Entities hereby disclaim all warranties and conditions with regard to the website’s content, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
In no event shall What Is? and/or its Associated Entities be held liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any content, information, software, products, features and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if What Is? or any of its Associated Entities has been advised of the possibility of damages.
USE OF DISCUSSION THREADS, COMMENTS AND OTHER COMMUNICATION FORUMS
If this website contains discussion threads, ment portals, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s puter.
- Conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/internet and other equipment necessary to access What Is? , and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access What Is? .
You acknowledge that the information provided through What Is? is piled from sources, which are beyond the control of What Is? . Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and What Is? does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that What Is? is provided to you on an ‘as is, with all faults’ basis. What Is? expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind, to the users and/or any third party, including any implied warranties of accuracy, timeliness, pleteness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. In addition, What Is? , in providing the information, makes no endorsement of any particular security, market participant, or brokerage. Further, What Is? does not represent or warrant that it will meet your requirements or is suitable for your needs.
Under this User Agreement, you assume all risk of errors and/or omissions in What Is? , including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of What Is? , including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
You agree that What Is? (including its officers, directors, employees, affiliates, group panies, agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use of What Is? for any purpose whatsoever. What Is? and its affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise, to a user and/or any third party.
LINKS TO THIRD PARTY SITES
The links in this site will allow you to leave What Is? . The linked sites are not under the control of What Is?. What Is? has neither reviewed nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by What Is? of the site.
You shall indemnify, defend and hold harmless What Is? (including its officers, directors, employees, affiliates, group panies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of What Is? (b) any non pliance by user with the terms and conditions hereof; or (c) any third party actions related to user’s receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by What Is?.
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents are prior to or subsequent to this User Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of What Is?.
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and What Is?. By using the information on What Is? , you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. What Is? does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the information. The information does not constitute a solicitation by the information providers, What Is? , or other of the purchase or sale of securities.
This service is provided ‘as is’, without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the service. Specifically, What Is? disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information, products or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, puter virus, munication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
Neither What Is? nor any of its employees, agents, successors, assigns, affiliates, group panies or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of service or inability to gain access to or use the service or out of any breach of any warranty. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such countries, the respective liability of What Is?, its employees, agents, successors, assigns, affiliates, group panies and content or service providers’ respective liability is limited to the amount provided under said law. Further, you agree and understand that all services provided are non-refundable and that you should carefully consider whether our services are able to meet your needs.
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) immediately by What Is? for any unauthorized access or use by you (b) immediately by What Is? if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not affect any right or relief to which What Is? may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to What Is?. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to What Is? is non-refundable for any reason.
The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Pune, India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.