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Welcome to the official Ashoke
Dinda web site located at www.ashokedindaworld.com
(site), which is operated by TSD (“TSD”, “we”, or “us”). By
clicking “I Agree” or by using the site after having been
afforded an opportunity to review the following terms and
conditions concerning your use of the site (“terms”), you are
indicating that you agree to follow and be bound by the terms.
These terms were last revised on 1
Jan 2011.
1.Use of Site Content
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Content, including but not limited to text,
software, music, sound, photographs, trademarks, service
marks, logos, video, graphics or other material contained
on this site or in commercially produced information
presented to you through the site by TSD or TSD’s third
party licensors (“content”) is protected by copyright,
trademarks, service marks, patents or other proprietary
agreements and laws and you are only permitted to use
content as expressly authorized herein or in writing by
TSD. These terms do not transfer any right, title, or
interest in the site or the content to you, and TSD and
its third party licensors retain all of its and their
respective right, title and interest to the site and
content.
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Except as provided in these terms, you may not use,
download, upload, copy, print, display, perform,
reproduce, publish, license, post, transmit, distribute or
otherwise exploit any content or information from the
site, in whole or in part, including without limitation by
way of framing or hyper-linking, without the express
permission of TSD. Requests for such permission should be
made to at info@techshotdigital.com.
2. You may without our
permission:
(a) Download, view and print
content, but only if:
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The content is used solely for personal,
informational, or internal purposes;
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The content is not provided, sold, licensed or
leased (nor is access provided to the content) for any fee
or other consideration;
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All copyright, trademark and other proprietary
rights notices included in the content as presented at the
site appear on all copies;
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The content is not modified or altered in any way;
and
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No graphics are used separately from accompanying
text.
(b) Link or hyper-link to the home
page of the site from any qualified site*, but only if:
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You notify us by email at info@techshotdigital.com
specifying the URL of each page from which you will be
linking to our home page;
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You do not frame the site or any portion of the
site;
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You do not deep link into the site (i.e., you do not
link into any page other than the home page);
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The link or hyper-link to the site is not used in a
way that suggests that TSD or Ashoke Dinda endorses you or
your web site;
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The link is identified using a plain text rendering
of the Ashoke Dinda name and not any trademark or logo of
TSD or Ashoke Dinda;
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The link or hyper-link to the site is not used or
presented in any way that disparages TSD or Ashoke Dinda
or tarnishes, blurs, or dilutes the quality of their names
or trademarks or any associated goodwill;
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The link or hyper-link to the site is not displayed
on any web page that displays objectionable content or
links; and
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You agree that we may terminate your right to link
or hyperlink to the site at any time for any reason or no
reason.
*Qualified site means a web
site that displays no objectionable content; is not owned or
controlled by a competitor to TSD and the content of which is
not competitive to the site.
“Objectionable” means as to any content, information in any
medium or format, including without limitation text, data,
graphics, audio or video, that: (a) is libelous or
defamatory, pornographic, sexually explicit, unlawful or
plagiarized; (b) a reasonable person would consider harassing,
abusive, threatening, harmful, vulgar, profane, obscene,
excessively violent, racially, ethnically or otherwise
objectionable or offensive in any way or (c) constitutes a
breach of any person’s privacy or publicity rights, a
misrepresentation of facts, hate speech or an infringement of
any third party’s intellectual property rights of any kind,
including without limitation, copyright, patent, trademark,
industrial design, trade secret, confidentiality or moral
rights; or (d) violates or encourages other to violate any
applicable law.
3. You may not under
any circumstance:
Send unsolicited commercial email to the email addresses
provided on the site (Spam, chain emails, advertising
solicitations and similar email solicitations are expressly
prohibited); delete, modify or attempt to change or alter any
of the content on the site; use any device, software or
routine that interferes with the proper functioning of the
site or take any other action that interferes with other
parties’ use of the site; use the site or the content in any
manner inconsistent with or in violation of any applicable
laws or regulations;
Use any “robot”, “spider” or other automatic or manual device
or process for the purpose of compiling information on the
site for purposes other than for a generally available search
engine; or use any TSD or Ashoke Dinda names or trademarks as
meta tags or hidden text.
4. Marks
Certain products, services, or company designations for
companies other than TSD may be mentioned in the site for
identification purposes only. Such designations are often
claimed as trademarks or service marks. In all instances where
TSD is aware of a claim, the designation appears in initial
capital or all capital letters. However, you should contact
the appropriate companies for more complete information
regarding such designations and their registration status.
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<div class="copyright">
<p id="copy">© 2011 TSD. ALL RIGHTS RESERVED |
<a href="legal.html" target="_blank">LEGAL</a></p>
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TSD may change these terms from time to time. Your continued
use of this site following the posting of any changes to the
terms constitutes your acceptance of those changes. If you
object to any provision of these terms or any subsequent
modifications to these terms or become dissatisfied with the
sin any way, your only recourse is to immediately terminate
use of the site.
6. Termination of
Site/Modifications To Site
TSD reserves the right to modify or terminate these terms or
your access to the site (or portions of the site), temporarily
or permanently, with or without notice to you, and is not
obligated to support or update the site. Sections 1, and 3-15
of these Terms shall survive any termination of these terms or
your right to access to the site. You acknowledge and agree
that neither TSD nor Ashoke Dinda will be liable to you or any
third party in the event that TSD exercises its right to
modify or terminate access to the site (or portions of the
site). Unless explicitly stated otherwise, any new
features that augment or enhance the current site will be
subject to these terms.
7. Privacy
TSD will treat any information it collects from you in
accordance with its Privacy Policy.
8. Other Sites,
Content, Products and Services
The site may provide links to web sites and access to content,
products and services of third parties, including without
limitation, TSD’s affiliates and strategic partners and other
entities with which our connection consists of only a
hyperlink (“other sites”). You should refer to the separate
terms of use, privacy policies, and other rules posted on
other sites before you use them. TSD is not responsible for
(a) the availability of, and content provided on, other sites,
nor does inclusion of any link imply endorsement of the other
site by TSD or Ashoke Dinda, or vice versa; (b) third party
content accessible through the site, including opinions,
advice, or statements (and you understand that you bear all
risks associated with the use of such content); or (c) any
loss or damage of any sort you may incur from dealing with any
third party.
9. Disclaimer
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND
SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. TSD AND ASHOKE DINDA EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL
WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR
COURSE OF PERFORMANCE. TSD AND ASHOKE DINDA MAKE NO WARRANTY,
AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE WILL
MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE
CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE
OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED
THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS.
10. Limitation of
Liability
IN NO EVENT SHALL TSD OR ASHOKE DINDA BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR
ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY
SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF TSD WAS
ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS
LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE
TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY
INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR
ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR
OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT,
BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR
OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS
DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN
SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnity
You agree to indemnify, defend and hold harmless TSD and
Ashoke Dinda, its and their affiliates, shareholders,
directors, officers, employees and agents, from any claim,
demand, liability, expense, or loss, including reasonable
attorneys’ fees, arising out of, or in any way connected with
your use of or access to the site, your use of the content,
your linking to the Site or your violation of these terms.
12. Dispute
Resolution
Any dispute arising out of or in connection with these Terms
or your use of any Content or this site or your access to or
links to this site, shall be resolved by arbitration before an
Indian court of law in New Delhi. Except for punitive damages
(which may not be awarded), any provisional or equitable
remedy which would be available from a court of law shall be
available to parties. The award of the arbitrators may be
enforced in any court having jurisdiction thereof. Some
jurisdictions may provide additional rights to consumers.
13. General
If any provision of these terms is found by a court or
arbitrator to be invalid, the parties agree that the court or
arbitrator should give effect to the parties' intentions as
reflected in the provision, and the other provisions of the
terms will remain in effect. TSD’s failure to act with respect
to a breach by any person using the site does not constitute a
waiver of its right to act with respect to subsequent or
similar breaches. These terms will be governed by and
construed in accordance with the laws of the Constitution of
India without regard to its choice of law provisions. In the
event of any conflict between foreign laws, rules and
regulations and those of the Indian Constitution, the laws,
rules and regulations of the Indian Constitution will govern.
The United Nations Convention on Contracts for the
International Sale of Goods will not apply to these terms. TSD
may assign its rights and duties under these terms without
such assignment being considered a change to the terms and
without notice to you. You may not assign these terms without
the prior written consent of TSD. These terms, the Privacy
Policy, any operating rules, policies, or procedures that may
be posted from time to time by TSD on the site, and any
modifications to the foregoing, constitute the entire
agreement between the parties with regard to the subject
matter in these terms and supersede all prior understandings
and agreements, whether written or oral, as to such subject
matter. Nothing contained in these terms will be deemed to
constitute either party as the agent or representative of the
other party, or both parties as joint ventures or partners for
any purpose.
14. Acknowledgment
You acknowledge (a) that you have read and understood these
terms; and (b) that these terms have the same force and effect
as a signed agreement.
15. Contact
Information
If you have any questions regarding these terms or the site,
please contact TSD at info@techshotdigital.com.
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