This user agreement is an electronic record published in accordance with the provisions of Information Technology Act, 2000 (“Act”) and rules made thereunder as applicable for the time being in force in India for the access and/or usage of www.indiaaheadnews.com (“Website”). This user agreement is generated by a computer system and does not require any physical or digital signatures.
“User” refers to you, the person visiting, accessing and/or using the Website by means of any communication device.
“India Ahead” refers to India Ahead News Private Limited, a Company incorporated under the Indian Companies Act, 1956, having its registered office address at 8-2-293/82/A/75 Plot No. 75 Road No 9, Jubilee hills Hyderabad, PIN 500033, Telangana, India, which is the owner of all rights in this Website.
All references to “You” and “Your” shall mean the User. All references to “India Ahead”, “Company”, “We”, “Us” and “Our” shall mean India Ahead News Pvt. Ltd.
You hereby represent and warrant to India Ahead that you are at least eighteen (18) years of age (“Age of Majority) or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. Individuals under the Age of Majority shall use the Website only with the involvement, guidance and approval of their parents and/ or legal guardians. If required by India Ahead, you agree to register prior to uploading any content and/ or comment and any other use of this Website and provide your details including but not limited to complete name, age, email address, residential address, contact number.
The accessing, browsing and use of this Website is subject to the following terms, conditions and applicable laws. While browsing the Website, please be aware that your access to and use of the various content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, view, etc. (herein after to be referred as the “Materials”) offered by India Ahead and the same are subject to the terms and conditions set forth in this document. Your access to and browsing of this Website constitutes your agreement without limitation to all such terms, conditions and applicable laws. In the event you do not agree to these terms, conditions and applicable laws, you may not use this Website.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of India Ahead whether registered or unregistered and all renewals and extensions.
This Website is owned and operated by India Ahead. All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, and all other elements, data, information and materials are the property of India Ahead and/or its licensors and/or other respective owners and are protected, without limitation, under the Intellectual Property Rights laws of India and the world. India Ahead retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your internal, personal and non-commercial use. Any modification, copying, reproduction, publication, posting, transmission, distribution or sale of any part including images, text, graphics, audio, video, audio video etc. of this Website, for public and commercial purpose is explicitly prohibited. Except as specifically provided herein, no license or right, express or implied, is granted to any person under any intellectual property right.
MATERIAL POSTED/TRANSMITTED ON THE WEBSITE
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted/ posted, is the sole responsibility of the person from where such content is originated (the Originator). By posting any material which contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), You warrant and represent that-
You represent that you have valid rights and title in any and all Content/Images that you submit on the Website, that you have not infringed on any IPR belonging to any party and further that you will indemnify INDIA AHEAD or its affiliates for all claims arising out of any content that you post on the Website. India Ahead accepts no responsibility for the said Content / Images. However, all Content / Images posted by you becomes the property of India Ahead and you agree to grant/assign to India Ahead a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
EXCHANGE OF INFORMATION QUA CHAT & OTHER COMMUNITY SERVICES
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content/Images that you upload post or otherwise transmit. India Ahead endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Website. You shall not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Website, or other user’s ability to engage in real time exchanges.
INDIVIDUAL REGISTRATION, ACCESS AND EXCHANGE OF INFORMATION
For certain services, registration by the visitor may be required. To register for these services, You have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, You agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Website. Each registration is for a single individual user only.
To access these services, You will be asked to enter your individual User Name and Password, as chosen by You during your registration. Therefore, we do not permit any of the following: – Any other person sharing your account and Password; Any part of the Website being cached in proxy servers and accessed by individuals who have not registered with India Ahead as users of the Website; or Access through a single account and Password being made available to multiple users on a network. If India Ahead reasonably believes that an account and Password is being used / misused in any manner, India Ahead shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
You are entirely responsible for any and all activities that occur under Your account. You agree to notify India Ahead immediately of any unauthorized use of Your account or any other breach of security. India Ahead will not be liable for any loss that You may incur as a result of someone else using Your password or account. However, you could be held liable for losses incurred by India Ahead or another party due to someone else using your account or password.
You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Website that
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
LINKING AND LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks or other connection devices, which will allow you to use this Website and access other Websites. India Ahead is not responsible and assumes no responsibility for the contents of any non- India Ahead linked Internet Website, or for any potential damage arising out of or in connection with the use of any such link. The Internet Websites to which links are provided in this Website are not under the control of India Ahead. Access to any other Internet Websites linked to the Website is at the user’s own risk.
In addition, the existence of a link between this Website and any other Internet Website is not and shall not be understood to be an endorsement by India Ahead of any material, substance, information or the owner or proprietor of the linked Internet Website, and such link shall not imply nor create any relationship or endorsement between India Ahead and the owner or proprietor of such linked Website. You acknowledge that India Ahead does not endorse nor review any Third-Party Websites. Links do not imply that India Ahead sponsors, is affiliated or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such Third-Party Websites. India Ahead has no responsibility or liability of any kind for these linked Third-Party Websites.
The Website may allow Users to publish content, data, information, text, images, videos, audios, audio–visuals, User’s opinion, recommendation, advice, view, etc. (“User Material”). The User Material does not reflect the views of India Ahead. In no event shall India Ahead be held responsible for any User Material, neither does India Ahead endorse or recommend any User Material, nor shall India Ahead be liable for any loss or damages resulting from publishing of the User Material on the Website.
By submitting a User Material, You grant India Ahead a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from India Ahead.
India Ahead will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that India Ahead may in its sole discretion determine, at any time. Although India Ahead may endeavour to periodically monitor the User Material posted on the Website, India Ahead will not be responsible for the same.
In the event India Ahead hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of India Ahead.
By posting User Material on the Website, You undertake, represent and warrant to India Ahead that:(a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law.
You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights; (e) violates any applicable national or international laws, regulations, rules and/or guidelines; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, national interest ,integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation/country; (j) is offensive or has menacing character; (k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; (l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
You hereby confirm that India Ahead has the right to determine whether any content, data or information published by You on the Website is appropriate and complies with these User Agreement, and accordingly remove any and/or all of Your User Material, and terminate Your access without prior notice. This shall be without prejudice to any other rights and remedies that India Ahead has under law and/or in equity and/or under this agreement.
If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that India Ahead shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.
You further agree that India Ahead shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website
NON CONFIDENTIAL TREATMENT OF USER SUBMISSIONS
DISCLAIMER OF WARRANTIES
Every user who visits this website does so at his or her own risk. Neither India Ahead nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the website. Without limiting the foregoing, the materials in this website are provided “as is” and without warranties of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Neither India Ahead, nor any other party involved in the creation, production or delivery of this Website or whose materials or information appear in this Website, will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the Materials, even if there is negligence on India Ahead part or an authorized India Ahead representative has been advised of the possibility of such damages, or both.
You agree to indemnify, defend and hold India Ahead, its officers, directors, shareholders, employees and agents from and against all losses, damages, and costs, including attorneys’ fees, resulting from your improper use of any Materials, or any violation of these Terms and Conditions by you including, without limitation, copyright and trademark infringement, obscene or indecent postings, and on-line defamation.
GRIEVANCE REDRESSAL MECHANISM
Any person having a grievance regarding a content published by India Ahead in relation to the Code of Ethics, appended to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 may furnish his/ her grievance to the Grievance Officer- India Ahead at the following address/ email:
Grievance Officer- India Ahead:
India Ahead News, First Floor,
Pioneer House, A Block,
Sector 16, Noida,
Uttar Pradesh, India
Upon receipt of a complaint, the Grievance Officer will generate and issue an acknowledgement of the grievance for the benefit of the complainant within twenty-four hours of it being furnished for information and record.
The Grievance Officer will address the grievance and inform the complainant of its decision within fifteen (15) days of the registration of the grievance.
TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS AND CHANGES
This Website may contain technical inaccuracies and typographical errors. India Ahead reserves the right to alter, correct and/or improve any information contained on this Website as well as any products described on the Website at any time without notice.
JURISDICTION IN THE EVENT OF DISPUTE
Any dispute, controversy or claim arising out of or relating to or in connection with this Web Site Agreement, or the breach thereof shall be subject to the jurisdiction of Courts in New Delhi, India. This Web Site Agreement shall be governed by and construed in accordance with the Indian Law.
This Website contains information pertaining to various Software Products, their general description, composition, and other technical information. This information shall not be used for any purpose whatsoever. India Ahead assumes no responsibility for any work undertaken by any person merely based upon the Materials provided on this Website.
This Website is not and should not constitute an offer for sale in territories where it is not permitted by law in force.
All information and material in this Website are provided on an “as is” basis, and are without guarantees or warranties of any kind, express or implied. Furthermore, any ideas and/or information provided or gained from this Website would not necessarily reflect the views of India Ahead or its directors or employees.
The materials and/or information available or obtained at/through this Website is/are not guaranteed or warranted in terms of completeness, correctness, accuracy, reliability or otherwise howsoever by India Ahead or its directors or employees.
Under no circumstances, including but not limited to negligence, shall India Ahead or its directors or employees be liable for any special or consequential damages that are alleged to have resulted from the use and/or inability to use this Website or information contained within, even if India Ahead and/or its employees or directors have been notified of the possibilities of potential damages or losses.
In no case shall India Ahead or its directors or employees be liable to any person or entity for any damages or losses resulting either directly or indirectly from accessing this Website. The information provided herein and any communications subsequently entertained or responded to are/shall be gratis and are/shall be outside the purview of any consumer protection law. Any recipient or user of any information or material in this Website may use/rely upon the information or material entirely at his/its own risk.