Terms and Conditions
WHEREAS www.janmabhumidaily.com is a website owned and maintained by Mathruka Pracharanalayam Ltd, Kochi, India, having its registered office at Building No 35/114, Perandoor Road, Elamakkara, Kochi, Kerala, India;
AND WHEREAS the website www.janmabhumidaily.com (hereinafter referred to as ‘the Janmabhumi Online’) is open for access on the internet to the general public;
AND WHEREAS it is necessary to specify and declare the terms and conditions by which the members of the general public may use or access the Janmabhumi Online;
NOW IT IS HEREBY PUBLICALLY DECLARED AND MADE KNOWN to all users, viewers and readers of the Janmabhumi Online that they shall access or use the Janmabhumi Online, its content and all services offered through it, subject to the terms and conditions hereinafter stated. All users, viewers and readers of the Janmabhumi Online are deemed to have duly read and understood the same at the time of use or access of the website and are deemed to have agreed to access, use or view the Janmabhumi Online, strictly in accordance with the ‘terms and conditions of use’ hereinafter contained.
TERMS AND CONDITIONS
Copyright, Trademarks and Intellectual Property Rights
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on the Janmabhumi Online are the property of Mathruka Pracharanalayam Ltd, its affiliates and associates and are protected under applicable Indian and other laws.
No person is permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the contents of the Janmabhumi Online and pages for any other purpose whatsoever without the prior written permission of the Mathruka Pracharanalayam Ltd.
Users, viewers and readers of the Janmabhumi Online agree not to use any framing techniques to enclose any trademark or logo or other proprietary information belonging to Mathruka Pracharanalayam Ltd or to its affiliates and associates; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line or other mark or source identifier included on the Janmabhumi Online, including without limitation, the size, colour, location or style of all proprietary marks. Mathruka Pracharanalayam Ltd shall initiate strict legal action both civil and criminal in case of any violation of copyright, trademark infringement or unauthorised use of intellectual property.
Unauthorised use of any material or content in the Janmabhumi Online shall be deemed to be a serious copyright infringement and appropriate legal proceedings both civil and criminal shall be initiated against all persons who violate the copyright and trademark rights of Mathruka Pracharanalayam Ltd.
Permissions and Restrictions
Mathruka Pracharanalayam Ltd grants the users of the Janmabhumi Online permission to access or use the website for personal use alone.
Users of the Janmabhumi Online should not directly or indirectly download or print any content of the Janmabhumi Online or any portion thereof for copying, publishing, distributing or otherwise disseminating such content or portions thereof.
Users of the Janmabhumi Online are not permitted to resell or put to commercial use any part of the Janmabhumi Online or content therein.
No part of the Janmabhumi Online may be reproduced, transmitted or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission from Mathruka Pracharanalayam Ltd.
No user shall make any derivative use of the Janmabhumi Online or its contents nor use any data gathering or extraction tools to collect content from the Janmabhumi Online.
No user of the Janmabhumi Online shall mask, obliterate, delete or fail to display any promotional taglines, captions, logos, emblems or symbols included in the Janmabhumi Online either directly or indirectly, except with the express consent of Mathruka Pracharanalayam Ltd.
Users are prohibited from using the contents of the Janmabhumi Online in any manner that may create an impression that the contents of the Janmabhumi Online are owned, created or managed by an entity other than Mathruka Pracharanalayam Ltd.
Users of the Janmabhumi Online are prohibited from (whether directly or through the use of any software program) from regularly or systematically downloading and storing all or any part of the pages from the Janmabhumi Online to create an electronic database or structured manual.
No user shall use the services provided at the Janmabhumi Online in any manner that could damage, disable, overburden, or impair any server of the Janmabhumi Online or network connected to such servers, or interfere with any other party’s use and enjoyment of any such services.
Personal Information of Users, User Details, Individual Registration, and Data Disclosure.
Some services featured on the Janmabhumi Online such as subscriptions, email, contests, shopping etc, may require registration by users. Such registration would entail submission by users at the Janmabhumi Online their personal details such as name, age, sex, date of birth, residential or official address etc. Any user so registering shall be provided with a user name and password in order to gain access to specialised or paid services at the Janmabhumi Online. All such registered users are prohibited from sharing their user name or password with any other person. Registered users are entirely responsible for maintaining the confidentiality of their passwords. One user name shall be used only by one registered user alone. A registered user should not permit others to access the Janmabhumi Online or any of its services through his or her account. Neither Mathruka Pracharanalayam Ltd nor any of its employees or staff shall be responsible for any loss or damages including damage to reputation suffered by any user on account of unauthorised use of his or her account by third parties.
All registered users are bound to immediately inform Mathruka Pracharanalayam Ltd of any unauthorized use of the account of a user or any other breach of privacy or security. Mathruka Pracharanalayam Ltd will not be liable for any loss that any user may suffer consequent to any unauthorised use of any account or password. However, a user may be held liable for losses incurred by Mathruka Pracharanalayam Ltd or any other legal entity due to such unauthorised use.
Mathruka Pracharanalayam Ltd reserves the right to remove, delete, ban or block any registered user who is found to be misusing or abusing the services provided at the Janmabhumi Online without notice. In case of such misuse or abuse, Mathruka Pracharanalayam Ltd may also block all users from the IP address of the offending user.
Mathruka Pracharanalayam Ltd shall make every effort to keep all personal details collected from registered users at the time of registration strictly confidential. The information so gathered from registered users or the nature and details of their transactions at the Janmabhumi Online shall not be disclosed or shared with any person without due direction, order or command from any competent court of law having jurisdiction or any other statutory authority.
Mathruka Pracharanalayam Ltd reserves its right to refuse service, restrict, suspend or terminate the account of any registered user. Mathruka Pracharanalayam Ltd may at its sole discretion deactivate or delete the account of a user and remove all related information and files connected to that account.
Any user may terminate his or her account at any time, but Mathruka Pracharanalayam Ltd may retain even after deletion of the account of a user, indefinitely any information submitted by the user at the time of creation of the account or submitted during the course of maintaining such account. However such information retained shall not be disclosed or shared with any person without due direction, order or command from any competent court of law having jurisdiction or other statutory authorities.
Charges, Subscriptions, Fees and Rates
Although many of the services currently provided at the Janmabhumi Online are free, Mathruka Pracharanalayam Ltd reserves the right after giving reasonable notice, to charge fees or subscriptions for all or any of the products, services or any other aspects that are currently provided at the Janmabhumi Online or that may be provided in future.
Content, Images, Information or Material Posted at the Janmabhumi Online
Mathruka Pracharanalayam Ltd may permit its users to post material on its website subject to certain conditions. All such content including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials whether publicly or privately transmitted / posted, is the sole responsibility of the person from whom such content is originated. Any user who posts on the Janmabhumi Online or transmits through the Website any material that contains images, photographs, pictures or material that are otherwise graphical in whole or in part, then such user is deemed to warrant and represent to Mathruka Pracharanalayam Ltd that:
such user is the copyright owner of the images, content or material, or that the copyright owner of such images, content or material has granted the user permission to use such images, content or material consistent with the manner and purpose for which it is used.
any person depicted in the images, has consented to the distribution, public display and reproduction of the images of the person.
the user has valid rights and title in any and all content / images that the user has submitted, that the user has not infringed any intellectual property rights belonging to any party and further that the user will indemnify Mathruka Pracharanalayam Ltd or its affiliates against all claims arising directly or indirectly out of any content that the user posted on the Janmabhumi Online.
Mathruka Pracharanalayam Ltd accepts no responsibility for the contents posted on the Janmabhumi Online by users.
all contents or images or any other matter posted by a user in the Janmabhumi Online becomes the property of Mathruka Pracharanalayam Ltd and users who make such posts are deemed to have agreed to grant / assign to Mathruka Pracharanalayam Ltd and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content, Images or material (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.
At all times any material uploaded by a user shall be subject to relevant laws and may be removed, disabled or investigated upon direction, order or decree of any competent courts or authority acting under relevant local laws.
Any content uploaded by any user that violates any of the terms herein contained shall be removed without notice by Mathruka Pracharanalayam Ltd.
Interactions Between Users
Mathruka Pracharanalayam Ltd may provide web platforms for users to interact and exchange views with each other. The content posted by users on such services will be their individual and personal opinions, views or comments and therefore the accuracy or nature of such content cannot be controlled or guaranteed by Mathruka Pracharanalayam Ltd. Users are therefore warned that they may be exposed to objectionable matter and that Mathruka Pracharanalayam Ltd cannot accept any liability for such exposure or inconvenience caused. However Mathruka Pracharanalayam Ltd shall make all efforts to remove or regulate such objectionable content as soon as they are brought to the notice of Mathruka Pracharanalayam Ltd.
All persons who use or access the interactive web platforms provided by Mathruka Pracharanalayam Ltd are prohibited from uploading, posting, or otherwise transmitting any content or matter that is false, defamatory, abusive, obscene, racial, scandalous, subversive, blasphemous, pornographic, paedophilic, invasive of another’s privacy, disparaging or likely to cause religious or communal disharmony. Any content posted by any user that is in the view of Mathruka Pracharanalayam Ltd is objectionable shall be removed without notice and such user may be banned or blocked from accessing the Janmabhumi Online.
All users of the Janmabhumi Online are prohibited from creating nuisance for other users and from committing any act in the nature of cyber stalking or cyber bullying. If any such complaint is received regarding any user, then Mathruka Pracharanalayam Ltd shall immediately ban and block the user from accessing the Janmabhumi Online or any portion thereof.
No user shall host, display, upload, modify, publish, transmit, update or share any information on the Janmabhumi Online that:
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
infringes any patent, trademark, copyright or other proprietary rights;
threatens the unity, integrity, security or sovereignty of India adversely affects friendly relations with foreign states;
affects public order;
may incite another to commit any cognisable or cognisable offence harms minors; purports to impersonate another;
violates any law for the time being in force;
No user may delete from the Janmabhumi Online any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols;
No User may use the Janmabhumi Online in any manner that could damage, disable, overburden, or impair to any server that may be owned or hired by Mathruka Pracharanalayam Ltd or the networks, or computer systems and resources connected to any such server.
No user may interfere with any other party’s use and enjoyment of the Janmabhumi Online or Services.
Alteration of Terms and Conditions of Use
Mathruka Pracharanalayam Ltd may amend or alter the Terms and Conditions of Use contained herein without prior notice, from time to time at its discretion. Users, viewers and readers are responsible for reading and understanding the terms and conditions of use contained herein each and every time they access www.janmabhumidaily.com.
Access or use of www.janmabhumidaily.com after any amendment or alteration to the ‘terms and conditions of use’ shall constitute acceptance of such revision, alteration or amendment. However for the convenience of users, viewers and readers all changes or alterations in the Terms and Conditions of Use may be notified at www.janmabhumidaily.com/notices.
Changes In Facilities And Services
Mathruka Pracharanalayam Ltd reserves the right to revoke, cancel, suspend or change any of the facilities or services offered through the website www.janmabhumidaily.com at any time and without prior notice. However for the convenience of users, viewers and readers all changes or alterations in facilities and services may be notified at www.janmabhumidaily.com/notices
the Janmabhumi Online may contain advertising information or promotion material or other material submitted by third parties. The responsibility for ensuring that material submitted for inclusion in the Janmabhumi Online complies with applicable International and National laws is the sole responsibility of the party providing such information / material. Any correspondence or business dealings by users with advertisers other than Mathruka Pracharanalayam Ltd, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall not be the responsibility of Mathruka Pracharanalayam Ltd. Mathruka Pracharanalayam Ltd will not be 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 advertisers on the Janmabhumi Online. Mathruka Pracharanalayam Ltd reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Janmabhumi Online will be subject to the aforesaid terms and conditions.
Mathruka Pracharanalayam Ltd shall have no liability to you for any interruption or delay in access to the Janmabhumi Online irrespective of the cause.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between the user and Mathruka Pracharanalayam Ltd and the user shall have no authority to bind Mathruka Pracharanalayam Ltd in any manner, whatsoever.
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.
If any provision of the Agreement is held invalid by any law or regulation of any government, or by any court, the parties agree that the other provisions of the Terms will remain in full force and effect.
This Agreement shall be governed by the laws of India. The Courts of law at Ernakulam District in Kerala State shall have exclusive jurisdiction to adjudicate any dispute arising out of and relating to the use of the Janmabhumi Online.
Mathruka Pracharanalayam Ltd is not responsible for the contents of external internet sites, links to which may be found on Janmabhumi Online.