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These terms of use (Terms) constitute a legally binding agreement between you and the Company regarding your use of the web site i.e www.alivear.com (the Site) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age 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. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account . You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.

"User" or "You": means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.

DESCRIPTION AND USE

As used in these terms, "Alive" refers to our proprietary product, software, and services that, together, represent our augmented reality technology offering currently marketed under the name "Alive". Alive is a combination of two components: (1) our mobile software application (the "App"), which an end user downloads to a compatible mobile electronic device, such as a smartphone or tablet computer, (a "Device"), containing proprietary algorithms and code so as to allow it to recognize and understand conceptually the identity of certain persons, places, or things with which the Device comes into contact; and (b) our content delivery system, hosted and managed by us, through which we manage and house text, images, audio, video, and other content and data ("Content") to be delivered to the Device based on the identity of each person, place, or thing recognized by the App. We reserve the right to change all or any portion of the software, applications, functionalities, design, makeup, content, and delivery systems that are provided as part of or through Alive, and/or to update or revise the App, from time to time, in our sole discretion and without prior notice to you. We reserve the right to temporarily or permanently cease providing or supporting the App, or cease providing any part of Alive, or any of the Content contained therein, to you or to end users generally, or to place limits on your access or on access generally, of Alive or any of its features or functionalities, with or without notice.

Alive may be used only for non-commercial, lawful purposes. You agree to adhere to all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of Alive. In addition and without limitation, you agree that you will not do any of the following while using or accessing Alive:

  1. attempt to gain access to or search any of our systems or facilities, or attempt to download Content within Alive, through the use of any search or download engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software, search agents, and interface(s) we provide and include for use as part of Alive;
  2. attempt to access, tamper with, or use non-public information, areas, servers, equipment, or facilities, even if they may be part of the infrastructure used to deliver or support Alive and our end users;
  3. gather and use information, such as other users' usernames, login information, real names, email addresses, and the like, that may be available through Alive, to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
  4. use Alive for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (vi) violate any applicable law or regulation; or
  5. encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that we have full right and authority, but no obligation, to monitor your access to or use of Alive, for operation and maintenance of Alive, to ensure your compliance with these Terms, to comply with applicable law, rule, regulation, or administrative or judicial order, or for any other legitimate purpose. You acknowledge that you have no reasonable expectation of privacy with respect to your use of Alive and/or your submission of Content in connection with such use. You agree to defend, indemnify, and hold us (including our affiliated companies, officers, directors, employees and agents, successors and assigns), wholly and completely harmless from and against any claims, liabilities, damages, losses, and expenses (including attorneys' fees), arising out of or in any way connected with your access to or use of Alive or your violation of these Terms.

We may deliver or display advertisements, marketing, or promotional materials through Alive, which may or may not be targeted to end users or to Content or information within Alive, to actions taken, queries made, or information provided through use of Alive, or other information. The types and extent of these materials are subject to change without notice to you. You agree that we may place, or may authorize third parties to play, advertising, marketing and promotional materials within Alive, in connection with the delivery and/or display of Content to end users or otherwise.

You expressly consent to the provision and collection of location-based services and information in connection with Alive. You should not access the App or access or use Alive while driving, operating heavy machinery, or while engaging in any other hazardous activity. you assume all risk associated with your use of alive and/or the device, including, but not limited to, the risk of traffic accidents or injury if used while driving.

LICENSE

Subject to your continued compliance with these Terms, you have a limited, non-exclusive, non-transferable and non assignable (without right to sublicense), single user license, solely for personal use and for no commercial use or purpose,

  1. to download and install 1 copy of the App to your Device, for use solely in connection with Alive, and
  2. to access and use Alive, and any Content related thereto or delivered by reason thereof. You may not:

ACCOUNT REGISTRATION

We may, in our discretion, require you register and create an account ("Account") in order to make use of or access Alive. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of the India or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and establish a username and a password. You agree to provide accurate, current and complete information about your Account. We may suspend or terminate your Account if any information provided during the registration process or thereafter proves to be incomplete, inaccurate, false or misleading. You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. We are not liable for any liability or damages due to a third party accessing your Account and/or obtaining access to any information provided by you in connection with your Account, or for any other loss or damage arising from your failure to comply with these requirements.

PRIVACY

Any personal information that you provide us (including any provided by you in connection with setting up your Account) shall be governed by and subject to our Privacy Policy, which governs our collection and use of your personal information. Our Privacy Policy is incorporated into these Terms. The Privacy Policy is subject to change by us without notice.

CONTENT; CHANNELS

You may, but are not required to, create or amalgamate within Alive a collection of Content related to a single topic (a "Channel"), which Content (supplied by you or otherwise) may be made available to end users. We reserves the right to remove any Channel from Alive at any time and, further, to restrict any end user's access to the Channel, or any part thereof, without notice. You are responsible for any Channel created by you and/or any Content that you post, upload and otherwise submit to us (for use within your Channel or otherwise). By submitting Content, you hereby grant us and our affiliates a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, deliver to end users, prepare derivative works of, display, and perform the Content within Alive, including without limitation for promoting and redistributing part or all of Alive (and derivative works thereof) in any media formats and through any media channels. You shall not:

  1. upload, post, email or otherwise transmit
    1. any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content) or
    2. any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
  2. publish falsehoods or misrepresentations that could damage us, our business, any of our affiliates, partners, end users, or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements without our consent; or
  5. impersonate another person or entity. We do not endorse any Content, and we express no opinion, recommendation, or advice regarding the Content housed within Alive. We expressly disclaim any and all liability in connection with, and you agree to indemnify and hold us harmless from and against any claim, liability, obligation, damages, or fees (including reasonable attorneys' fees) resulting from any Content supplied by you. We have absolutely discretion to determine whether your Content is appropriate for use in Alive, and/or whether your Content complies with these Terms and any user guidelines published by us,. We may remove any Content and/or terminate your access for uploading objectionable Content, without prior notice and at our sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available Content or other materials that are believed to violate these Terms.

INTELLECTUAL PROPERTY RIGHTS. We may terminate your access to Alive and/or remove any Content if we have reason to believe your actions in using Alive, including any Content uploaded by you, infringe the copyright, trademark, or other intellectual property rights of any third party. If you believe that works in which you retain intellectual property rights have been copied, uploaded to, and made available by reason of Alivein a way that constitutes infringement, please notify our Legal Department immediately, and provide the following information:

  1. the name and signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of what material you believe to infringe your rights and where that material is located within Alive;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

THIRD PARTY CONTENT. Alive may display links to third party websites, resources, products, offerings, and services not housed within Alive and/or managed or controlled by us ("Third Party Content"). We assumes no responsibility for Third Party Content, and you are solely responsible for and assume all risk arising from your use, access, or reliance of any Third Party Content. Specifically and without limitation, we shall not be responsible or liable for:

  1. the availability, accuracy, quality, or reliability of such Third Party Content; or
  2. the information, products, or services available on or through such Third Party Content. Existence of any Third Party Content should not be interpreted as, and does not constitute, an endorsement by us of that Third Party Content, its publisher, or anything relating thereto.

OWNERSHIP

Alive and the App are protected by copyright, trademark, and other laws of India and other jurisdictions. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Alive, or any Content not provided by you. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Alive, the App, or Content shall be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title and interest in and to all feedback.

TERMINATION

We may suspend, disable or terminate your access to Alive or any of its features or functionalities (including any Channels), at our sole discretion and without prior notice to you, should you violate any of the terms hereof. We will not be liable to you or any third party for termination of your access or use. Suspension or termination will not affect any of your obligations under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Your access and use of the App and/or Alive and any Content delivered thereby is at your sole discretion and risk. We will not be responsible for any damage or harm to any computer or mobile device (including a Device), loss of data or other harm that results from your use of Alive, the App, or the Content. ALIVE, THE APP, AND the content is provided without warranty of any kind. to the fullest extent permitted by applicable law, the company, its affiliates, and its licensors disclaim any and all other warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non infringement. alive is provided "as is" and "as available." we do not warrant that the any portion of alive will meet your needs or requirements, will be secure, will operate without interruption or will be error-free. No advice or information, whether oral or written, obtained by you from us or any of our affiliates, agents, partners, employees, successors, or assigns, will create any warranty not expressly stated in these Terms.

LIMITATION OF LIABILITY

in no event will we be liable for any special, indirect, incidental, punitive, or consequential damages (including, without limitation, lost profits, business interruption, and loss or inaccuracy of information), regardless of the form of action, even if the claim was reasonably foreseeable or if we were advised of the possibility of such damages. the parties acknowledge the foregoing to be an essential basis of the bargain.

CONFIDENTIALITY

Except as expressly and unambiguously permitted hereunder, you agree to hold in confidence and not use or disclose any materials or information disclosed by us, our affiliates, or our licensors, that are confidential or proprietary, or which may be reasonably regarded as the confidential information of the other party ("Confidential Information"). Confidential Information will also include the App and any new product information or the results of any benchmark or similar tests on conducted by you or divulged by you to us. You shall treat as confidential all Confidential Information with at least the same degree of care you use to prevent unauthorized disclosure or use of your own Confidential Information, but in no event less than reasonable care. Confidential Information will not include any materials or information that you can prove

  1. is now, or later becomes, through no act or failure to act on your part, generally known or available to the public;
  2. is known by you at the time of disclosure as evidenced by written record, without obligation of confidentiality;
  3. is furnished to you by a third party, as a matter of right and without restriction on disclosure;
  4. is independently developed by you without any breach of these Terms;
  5. is the subject of an express written written permission to disclose provided by us; or
  6. is disclosed in response to a valid order of a court or other governmental body.

APPLE DEVICE USERS.

The following shall apply to you if you download and/or use the App on an iPhone, iPad, iPod Touch, or other Device provided by Apple, Inc. ("Apple"), or if you downloaded the App from the Apple, Inc. App Store (the "App Store").

  1. You shall at all times use the App in accordance with the Usage Rules set forth in the App Store Terms of Service.
  2. Apple has no obligation to provide any support or maintenance with respect to the App. We shall be responsible for any such support.
  3. Apple is not responsible for addressing any claims by you or any third party relating to the App, including but not limited
    1. product liability claims,
    2. any claims that the App fails to conform to an applicable legal or regulatory requirements, or
    3. claims arising under consumer protection or similar legislation. Any such claims should be directed solely to us for response.
  4. You acknowledge that this Agreement is between the Company and you, and that Apple is not a party to the agreement created by these Terms. Apple and Apple's affiliates and subsidiaries, as the case may be, are third party beneficiaries of these Terms, and, upon your acceptance hereof, Apple may enforce these Terms against you in such capacity.
  5. By downloading the App and/or accessing Alive, you acknowledge that you are not located in a country that is subject to any Government Of India embargo or designated as a terrorist supporting country and, further, you acknowledge that you are not listed on any Indian Center or State Government list of prohibit or restricted parties.

GENERAL

These Terms contain the full and complete understanding of the parties as to the subject matter hereof. The parties expressly agree that these Terms supersede all prior or contemporaneous proposals and all other oral or written understandings, representations, conditions, and other communications between the parties relating to such subject matter, as well as the terms of all contemporaneous or future purchase orders. You shall not transfer or assign the agreement created by these Terms, the licenses granted hereunder, or any rights or obligations herein, by reason of operation of law, change of control, or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be void. These Terms will be governed and interpreted in accordance with the laws of the Constitution of India, Indian Penal Code And the Indian Laws applicable without giving effect to principles of conflicts of law. If your principal place of business is located in India, this Agreement will be governed and interpreted in accordance with the laws of the Govt. Of India, without giving effect to principles of conflicts of law, and the parties irrevocably agree that any litigation relating to this Agreement will be brought exclusively in state or federal courts located in India. If your principal place is business is located outside India, this Agreement will be governed and construed in accordance with Indian law and the parties agree to submit to the exclusive jurisdiction of the Court of New Delhi, India. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. The failure of a party to insist on the performance of an obligation hereunder shall not be deemed to be a waiver of such obligation or of any other obligation. The parties acknowledge and agree that your material breach of these Terms adversely affecting our proprietary rights would cause irreparable harm to us for which a remedy at law would be inadequate and that we shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. Notices under these Terms and any comments, questions, or complaints regarding Alive to us should be sent to:

Alive,

OTHER TERMS:

  1. The content to be augmented will be available only for the past 2 days. i.e. you can augment the content available in today's newspaper and the previous 2 days newspaper.
  2. The video/sound speed and quality depends on the carrier network data speed and the hardware of your phone. On some phones the same video might appear to be of inferior quality while on others it may be better than the rest. The source of the video however remains the same for all devices.
  3. At times the video may crash without completing the entire news. The reason could be anything like the application crashing, network error, error in the server or any other issue related to the device hardware. If this happens the user needs to restart the application. If the error is at our end we are notified by an automated system and will work on rectifying the issue. If the issue persists the user should try using the application after sometime.
  4. The videos displayed are intellectual property of Times Now. The videos are not the videos from the live stream on the Times Now network. The videos at times might show an icon indicating "live" however the broadcast is not live. It is a pre recorded content of the Times Now network.
  5. The news content that is available is just short snippets (40 seconds to 1 minute) of the actual news and at times may have more to it. In such a situation you might find the incomplete video. In case you want to watch the entire video you can go to http://www.timesnow.tv/ , http://timesofindia.indiatimes.com/, or http://www.etnow.tv/ and browse the videos. The user however might have to look across these websites to search for the content he wants to view.
  6. The responsibility of exiting the application rests with the user when the application is not being used. When the application is left open it continuously tries to scan for objects which can be augmented. This might result in the phone getting heated up. Thus user discretion is advised.
  7. If the app is uninstalled and reinstalled then the user will not be able to recover the saved content and the history.
  8. It's agreed and understood that, upon receipt of a missed call from any mobile number, we will send a response via. text message to the respective mobile number. Such text message will contain the link to download the Application.

Prohibited Activities

You agree that, You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -

  1. belongs to another person and to which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. 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 any other nation

Material Posted/transmitted at Times Internet's Site

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 contain images, photographs, pictures or that are otherwise graphical in whole or in part ('Images'), you warrant and represent that

  1. you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services,
  2. you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and
  3. that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.

You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify Times Internet or its affiliates for all claims arising out of any content that you post on the Site.

Times Internet accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of Times Internet and you agree to grant/assign to Times Internet and its affiliates, 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 that you upload post or otherwise transmit.

Times Internet 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 Site.

You may 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 Site, or other user's ability to engage in real time exchanges.

Limitations of Liabilities

Any transactions relating to sale/purchase of goods or services not directly offered by Times Internet are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Times Internet. Times Internet merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. Times Internet does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not Times Internet. Times Internet will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.

Under No circumstances will Times Internet be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Times Internet is not responsible for any content sent using and/or included in Times Internet's site/service by any third party.

Termination of Account

Times Internet reserves its right to refuse service, restrict, suspend,terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Times Internet's Web Sites; Refuse, move or remove for any reason any Content / Image that you submit on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Times Internet's Web Sites will immediately cease.

You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.

User Conduct and Obligations

You hereby agree and assure Times Internet that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service:

post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;

delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Times Internet's server, or the network(s), computer systems / resource connected to any Times Internet server, or interfere with any other party's use and enjoyment of the Site/Service;

obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;

engage in any activity that causes / may harm minors; or

perform any activity which is likely to cause such harm;

impersonate any person or entity, including, but not limited to, Times Internet's official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

take any action which encourages or consists of any threat of harm of any kind to any person or property;

carry out any 'denial of service' (DoS, DDoS) or any other harmful attacks on application or internet service or;
make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;

use the Site/Service for illegal purposes;

disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Times Internet website or the website of any Times Internet's customer;

transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;

collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;

engage in antisocial, disruptive, or destructive acts, including 'flaming,' 'spamming,' 'flooding,' 'trolling,' and 'griefing' as those terms are commonly understood and used on the Internet

forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.

upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' duplicative messages or any other form of solicitation.

encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or

make any representation or warranty on behalf of Times Internet.

You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:

infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;

right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;

any confidentiality obligation.

Unless otherwise permitted, you will:

  1. display the Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without Times Internet's prior written consent;
  2. ensure that the fundamental meaning of the Service is not changed or distorted;
  3. (if any) placed by Times Internet on the use, display or distribution of any Service and
  4. not archive any of the Service for access by users at any future date after the Service has been removed from your Web site. You acknowledge that the service must link and redirect to the appropriate Times Internet's Web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, Times Internet's Web page, nor may you frame any Times Internet's Web page.

No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Times Internet will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Times Internet for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, uTMLizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Times Internet's Web Sites.

Disclaimer of Warranties and Liability limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

Times Internet and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Times Internet's sites/services, with the delay or inability to use the Times Internet's sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Times Internet sites/services, or otherwise arising out of the use of the Times Internet sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Times Internet as to the

  1. accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
  2. that the service will be uninterrupted, timely, secure, or error-free;
  3. the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or
  4. any errors in the website will be corrected.

Links to Other Sites

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on 'AS IS' basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Times Internet's-logo, please understand that it is independent from Times Internet, over whom Times Internet has no control or connection, business or otherwise as these sites are external to Times Internet. You agree and understand that by visiting such sites you are beyond the Times Internet's website. Times Internet, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on 'as is' without warranty of any kind. Times Internet gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Times Internet shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

Material Submitted by Users

Certain elements of the Site will contain material submitted by users. Times Internet accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Times Internet against all third party claims, demands and actions brought against Times Internet which arises from or relates to the material submitted by you.

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to Times Internet by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Times Internet found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Times Internet will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Times Internet advertisers on the Website. Times Internet reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

Data Protection

Times Internet may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Times Internet reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Times Internet.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Times Internet and you shall have no authority to bind Times Internet in any manner, whatsoever.

Force Majeure

Times Internet shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Limited time to bring your claim

You and Times Internet agree that any cause of action arising out of or related to the Times Internet's web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Acceptance of Privacy Policy

By using Times Internet's sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Times Internet sites. We reserve the right, to modify this Privacy Statement at any time.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Grievance Redressal

Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to mobilecs@timesinternet.in or Jyoti Kumar ("Grievance Officer")

Jyoti Kumar
Grievance Officer
www.alivear.com
Times Internet
Times Center, FC - 6, First Floor,
Sector 16-A, Film City, Noida - 201301, India
Ph: 0120-6198110

We request you to please provide the following information in your complaint:-

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. 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, its agent or the law.
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

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