Terms of Use
© Copyright
TrilochanBhattacharya.com. 2008. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of
TrilochanBhattacharya.com.
TERMS AND CONDITIONS OF USE
Welcome to
TrilochanBhattacharya.com ( www.trilochanbhattacharya.com ). Use
of this site (the “Site”) is governed by the Terms and Conditions
set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS WEBSITE. The information and materials provided by
TrilochanBhattacharya.com may be used for informational purposes
only. By using, accessing or downloading materials from this
website you agree to follow the terms and provisions as outlined
in this legal notice, which apply to all visits to
TrilochanBhattacharya.com, both now and in the future. The Site,
including without limitation any content, software and services
offered thereon, are the property of TrilochanBhattacharya.com
and/or its suppliers. It is protected by the copyright and/or
other intellectual property laws of the United States and
internationally. You are hereby authorized solely to view and to
retain a copy of pages of this Site for your own personal use. Do
not duplicate, publish, modify, or otherwise distribute the
material on this Site unless specifically authorized in writing by
TrilochanBhattacharya.com to do so. No other use of the materials
or information is authorized. Any violation of the foregoing may
result in civil and/or criminal liabilities.
Legal notices and
various other acknowledgements and credits are posted on pages of
the Site. Do not remove these legal notices or other
acknowledgements or credits, or any related information, contained
on pages of the Site. TrilochanBhattacharya.com reserves the right
to revise these terms and/or legal restrictions at any time. You
are responsible for reviewing this page from time to time to
ensure compliance with the then-current terms and legal
restrictions because they will be binding on you. Certain
provisions of these terms and legal restrictions may be superseded
by expressly designated legal notices or terms located on
particular pages of this website. If you do not agree to these
Terms and Conditions of Use, please do not use this website.
DISCLAIMER
The TrilochanBhattacharya.com team strives to provide you with useful, accurate, and timely information on this website. Accordingly,
TrilochanBhattacharya.com has attempted to provide accurate information and materials on the Site but assumes no responsibility for the accuracy and completeness of that information or materials. Product and service descriptions, specifications and prices are provided by the merchants. While we make every effort to assure the accuracy of the information, we do not assume any liability for inaccuracies. Please inform us if you feel the information provided is not accurate and we will alert the merchant.
TrilochanBhattacharya.com may change the content of any information or materials available on this website, or to the products and services that it offers, at any time without notice. However,
TrilochanBhattacharya.com makes no commitment to update the information or materials on this website which may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of
TrilochanBhattacharya.com. Neither TrilochanBhattacharya.com, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on
TrilochanBhattacharya.com.
COPYRIGHT AND TRADEMARK INFORMATION
You hereby acknowledge and agree that, as between TrilochanBhattacharya.com and you, all right, title, and interest in and to the Site and the provision thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by
TrilochanBhattacharya.com. Except as expressly authorized by
TrilochanBhattacharya.com herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, resell, distribute, exploit for any commercial purposes, or create derivative works of the Site (including but not limited to white papers, press releases, data sheets, product descriptions, and FAQs), in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by
TrilochanBhattacharya.com for use in accessing the Site. In connection with your use of the Site,
TrilochanBhattacharya.com may make software available to you for download from the Site; your download and use of such software shall be pursuant to a separate license agreement that shall be agreed to upon your download or installation of such software. Any rights not expressly granted herein are reserved.
TrilochanBhattacharya.com's trademarks may be used only with written permission from
TrilochanBhattacharya.com. Trilochan Bhattacharya and “Everything you need for your website” are registered trademarks or trademarks of
TrilochanBhattacharya.com. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of
TrilochanBhattacharya.com or any third party.
USER CONTRIBUTIONS TO THE SITE
In the event that
TrilochanBhattacharya.com provides users with the opportunity to
contribute to the Site, you understand that all information,
comments, feedback, data, text, links, articles, software,
photographs, graphics, video, music, sound, messages, or other
materials posted by you on the Site (collectively, the "User
Content"), whether publicly posted or privately transmitted, are
the sole responsibility of you or other users posting or
transmitting such User Content. This means that you, and not
TrilochanBhattacharya.com, are entirely responsible for all User
Content that you upload, post, email, or otherwise transmit via
the Site. It is your obligation to ensure that no copyright,
trademark, trade secret, publicity or privacy rights, or other
intellectual property rights are being violated by your posting or
transmission of any User Content via the Site.
TrilochanBhattacharya.com does not control or pre-screen the User
Content posted via the Site or sent to another user and, as such,
does not guarantee the accuracy, integrity, appropriateness, or
quality of such User Content. The User Content posted by users or
other third parties does not necessarily represent the views or
opinions of TrilochanBhattacharya.com and under no circumstances
will TrilochanBhattacharya.com be liable in any way for any User
Content, including, but not limited to, any loss or damage of any
kind incurred as a result of the use of any User Content posted,
emailed, or otherwise transmitted via the Site.
Users can be held
liable for any illegal or prohibited User Content they provide to
the Site or to other users, including, for example, infringing,
defamatory, or offensive materials. So that the Site is available
for all users to enjoy, you may not, and hereby represent and
warrant that you will not, post, transmit, email or otherwise make
accessible on or through the Site User Content that:
Is unlawful,
harmful, threatening, tortuous, defamatory, libelous, abusive,
disparaging, pedophilic, pornographic, obscene, invasive of
another's privacy, hateful, or malicious; Contains hate propaganda
or promotes discrimination or violence against any people on
account of their race, national origin, religion, age, gender,
disability, or sexual orientation; Is or could be harmful to
minors; Harasses or advocates harassment of another person;
Involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing (or "spamming"); Promotes information
that you know is false, misleading, or promotes illegal activities
or conduct; Is or promotes an illegal or unauthorized copy of
another person's work, such as providing pirated computer programs
or links to them, or providing information to circumvent
manufacture-installed copy-protect devices; Infringes any patent,
copyright, trademark, service mark, trade secret, or other
proprietary right of any other party; Contains restricted password
only access pages, or hidden pages or images (those not linked to
or from another accessible page); Provides material that exploits
people under the age of 18 in a sexual or violent manner, or
solicits personal information from anyone under 18; Provides
instructional information about illegal activities such as making
or buying illegal weapons, or providing or creating computer
viruses; Contains a software virus or any other code files or
programs that are designed to or have the ability to interrupt,
destroy, compromise, or otherwise limit the functionality of any
computer software or hardware or telecommunications equipment
whether owned by TrilochanBhattacharya.com or any other party;
Solicits passwords, or personal identifying information for
commercial or unlawful purposes from other users; or Otherwise
violates any local, state, national or other applicable law or
regulation.
In addition, you
may not, in connection with your use of the Site:
Impersonate any
person or entity, including a TrilochanBhattacharya.com officer or
employee, or falsely misrepresent your affiliation with any other
person or entity; Forge headers or otherwise manipulate
identifiers for the purpose of disguising the origin of any User
Content posted or transmitted through or on the Site; Engage in
commercial activities and/or sales without
TrilochanBhattacharya.com's prior written consent including,
without limitation, contests, sweepstakes, barter, or advertising;
Post or transmit any Content that you do not have the right to
post or transmit; Post or submit unsolicited commercial e-mail,
chain letters, pyramid schemes, or seek or encourage others to
engage in these activities; Disrupt the ordinary flow and
operation of any portion of the Site, including causing a screen
to scroll faster than another User may be able to type in a chat
room or bulletin board environment; Interfere with or disrupt the
Site or any server or network involved with the operation of the
Site; Stalk or harass any other person; or Collect or "harvest"
from the Site the names of other users for the purpose of
transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Site,
please notify us at
webmaster@TrilochanBhattacharya.com
LICENSE TO
USER CONTENT
With respect to
User Content you elect to post or transmit for inclusion in or on
the Site, you grant TrilochanBhattacharya.com and its affiliates
and partners the perpetual, world-wide, royalty free,
non-exclusive, sub-licensable license as follows: to use,
reproduce, translate, alter, perform, display, modify, adapt, and
publish such User Content, in whole or in part, in all present and
future media and in any manner relating to the Site (including
without limitation in connection with the appearance of such User
Content on TrilochanBhattacharya.com and on the sites of our
affiliates, partners and others with whom
TrilochanBhattacharya.com may have business relationships relating
to the Site) and the distribution and promotion of the Site. You
further agree that TrilochanBhattacharya.com is free to use any
ideas, know-how, concepts, techniques or other materials you send
us for any purpose.
Without
limitation of any of the rights granted to
TrilochanBhattacharya.com herein, you acknowledge and agree that
TrilochanBhattacharya.com may preserve User Content and may also
disclose User Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms
and Condition of Use; (c) respond to claims that any User Content
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of TrilochanBhattacharya.com, its
users and the public.
LINKS TO OTHER
WEBSITES
As a convenience
and to make the Site truly service-oriented we have included links
to sites on the Internet. These sites are owned and operated by
third parties. TrilochanBhattacharya.com makes no representation
and is not responsible for the availability of, or content located
on or through, these third party sites. A third party link from
the TrilochanBhattacharya.com website is not an indication that
TrilochanBhattacharya.com endorses the third party or its site, or
has any affiliation with or between TrilochanBhattacharya.com and
the third party site.
PASSWORD AND
SECURITY
You will receive
a Password and account Username upon completing the Site's
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or
account. You agree to (a) immediately notify
TrilochanBhattacharya.com of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session.
TrilochanBhattacharya.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section. Without limitation to the generality of the foregoing,
due to the nature of the Internet, computers, data flow, and other
technical and economical practicalities, the Site, like most
computer data and Internet applications, is vulnerable to various
security issues and hence should be considered unsecured. By using
the Site and the Internet in general, you may be subject to
various risks, including, among others, eavesdropping, sniffing,
spoofing, forgery, spamming, "imposturing", tampering, breaking
passwords, harassment, fraud, electronic trespassing, hacking,
system contamination including without limitation, viruses, worms,
Trojan horses, causing unauthorized, damaging or harmful access
and/or retrieval of information and data on your computer and
other forms of activity that may even be considered unlawful.
Information (including Registration Data, passwords and User
Content) received or delivered or intended to be made available on
and through the Site may be subject to these and other security or
privacy hazards or may not reach its destination or reach an
erroneous address or recipient. The Site is not different than
other applications in this respect. Without limitation of the
foregoing, although we take seriously the security of all member
accounts and other personal and non-personal information
associated with our visitors and participants, due to the open
communication nature of the Internet, we can not guarantee that
your account will be free from unauthorized access by third
parties.
YOUR
REGISTRATION OBLIGATIONS
In consideration
of your use of the Site, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Site's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or TrilochanBhattacharya.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, TrilochanBhattacharya.com has the right to suspend,
terminate, or refuse any and all current or future use of the Site
(or any portion thereof).
INDEMNITY
You agree to
indemnify and hold TrilochanBhattacharya.com, its subsidiaries,
affiliates, officers, agents, co-branders, and other partners and
employees, harmless from any loss, liability, claim or demand,
including reasonable attorney's fees, made by any third party due
to or arising out of User Content you submit, post to, or transmit
through the Site, your use of the Site, including your use of the
Site to provide a link to another Site or to upload content or
other information to the Site, or your violation of the Terms an
Conditions of Use or any applicable laws or the rights of another.
DISCLAIMER OF
WARRANTIES
You expressly
understand and agree that:
Your use of the
Site is at your sole risk. The Site, and its content, are
delivered on an "as is" and "as available" basis.
TrilochanBhattacharya.com expressly disclaims all warranties of
any kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement. TrilochanBhattacharya.com
makes no warranty that the Site or any related services, such as
email, links, or searches offered on the Site will be error-free,
uninterrupted, timely, secure, or that it will provide specific
results from use of the Site or any content, search or link
therein. TrilochanBhattacharya.com further cannot ensure that
files you download from the Site will be free of viruses, Trojan
horses, bugs, contamination, or destructive features.
Any material
viewed, downloaded, or otherwise obtained through the use of the
Site is done solely at your own discretion and risk, and
TrilochanBhattacharya.com will not be liable for any damages of
any kind arising from the use of the Site, including, without
limitation, direct, indirect, incidental, punitive, or
consequential damages.
No advice or
information, whether oral or written, obtained by you from
TrilochanBhattacharya.com or through or from the Site shall create
any warranty not expressly stated in the Terms and conditions of
use. Data and information relating to securities or otherwise is
provided for informational purposes only, and is not intended for
trading purposes. Neither TrilochanBhattacharya.com nor any of its
data or content providers shall be liable for any errors or delays
in the content, or for any actions taken in reliance thereon.
LIMITATION OF LIABILITY
You expressly understand and agree that TrilochanBhattacharya.com shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if
TrilochanBhattacharya.com has been advised of the possibility of such damages), resulting from: (i)
the use or the inability to use the Site; (ii) the cost of
procurement of substitute goods or services resulting from any
goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the
Site; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third
party on the Site; or (v) any other matter relating to the Site or
the content thereon, including without limitation any user content
posted thereon.
EXCLUSIONS AND
LIMITATIONS
Some
jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations
may not apply to you.
MODIFICATIONS
TO SITE
TrilochanBhattacharya.com reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the Site (or any part thereof) with or without notice. You agree
that TrilochanBhattacharya.com shall not be liable to you or to
any third party for any modification, suspension, or
discontinuance of the Site.
TERMINATION OF
USE
TrilochanBhattacharya.com may, in its sole discretion, terminate
or suspend your access to all or part of the Site, including, but
not limited to any bulletin boards on its site, for any reason,
including without limitation, breach of this agreement. In the
event this agreement is terminated, the restrictions and
copyrights regarding materials appearing on the site and the
representations and warranties, indemnities, and limitation of
liabilities set forth in this agreement shall survive any such
termination.
ENTIRE
AGREEMENT
The Terms and
Conditions of Use constitutes the entire agreement between you and
TrilochanBhattacharya.com and governs your use of the Site,
superseding any prior agreements between you and
TrilochanBhattacharya.com. You may also be subject to additional
terms and conditions that may apply when you use affiliate
services, third-party content, or third-party software.
GOVERNING LAW,
JURISDICTION AND VENUE
This Agreement
shall be governed by and construed in accordance with the laws of
the Province of West Bengal (India) exclusive of its choice of law
principles. The West Bengal provincial courts shall have exclusive
jurisdiction and venue over any dispute arising out of or relating
to this Agreement, and each party hereby consents to the
jurisdiction and venue of such courts.
GENERAL
PROVISIONS
If any provision
of this agreement is deemed void, unlawful or otherwise
unenforceable for any reason, that provision shall be severed from
this agreement and the remaining provisions of this agreement
shall remain in force. This contains the entire agreement between
you and TrilochanBhattacharya.com concerning your use of the site,
and the agreement shall not be modified, except in writing, signed
by both parties. If you have questions regarding
TrilochanBhattacharya.com's Terms and Conditions, please contact
us. To review TrilochanBhattacharya.com's Privacy Policy,
click
here