AGREEMENT TO TERMS
These Terms of Use
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and Lucknowikart, doing business as lucknowikart ("lucknowikart",
“we”, “us”, or “our”), concerning your access to and use
of the http://www.lucknowiakrt.com website as well
as any other media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the “Site”). You
agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason. We will alert you about any changes by updating the
“Last updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically
review these Terms of Use to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date
such revised Terms of Use are posted.
The information
provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is intended
for users who are at least 18 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use
the Site. If you are a minor, you must have your parent or guardian read and
agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of India
, international copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
USER REPRESENTATIONS
By using the Site, you
represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information
as necessary; (3) you have the legal capacity and you agree to comply with
these Terms of Use; (4) you are not under the age of 18; (5) you are
not a minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Site; (6) you will not access the Site
through automated or non-human means, whether through a bot, script, or
otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site will not violate any applicable law or
regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to
register with the Site. You agree to keep your password confidential and will
be responsible for all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
PROHIBITED ACTIVITIES
You may not access or
use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Site,
you agree not to:
1. Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
2.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
3.
Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Site and/or the Content
contained therein.
4.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5.
Use any information obtained from the Site in order to harass, abuse, or harm
another person.
6.
Make improper use of our support services or submit false reports of abuse or
misconduct.
7.
Use the Site in a manner inconsistent with any applicable laws or regulations.
8.
Use the Site to advertise or offer to sell goods and services.
9.
Engage in unauthorized framing of or linking to the Site.
10.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
11.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
12.
Delete the copyright or other proprietary rights notice from any Content.
13.
Attempt to impersonate another user or person or use the username of another
user.
14.
Sell or otherwise transfer your profile.
15.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
16.
Interfere with, disrupt, or create an undue burden on the Site or the networks
or services connected to the Site.
17.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Site to you.
18.
Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
19.
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
20.
Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
21.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script or
other software.
22.
Use a buying agent or purchasing agent to make purchases on the Site.
23.
Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
24.
Use the Site as part of any effort to compete with us or otherwise use the Site
and/or the Content for any revenue-generating endeavor or commercial
enterprise.
USER GENERATED
CONTRIBUTIONS
The Site may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any Contributions,
you thereby represent and warrant that:
1. The creation,
distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site in
violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Site or making Contributions accessible
to the Site by linking your account from the Site to any of your social
networking accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in
our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you
areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language; (3) your
reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject,
or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
SOCIAL MEDIA
As part of the
functionality of the Site, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party
Account”) by either: (1) providing your Third-Party Account login information
through the Site; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any of the terms
and conditions that govern your use of the applicable Third-Party Account, and
without obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the “Social
Network Content”) so that it is available on and through the Site via your
account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on and through your account on the Site. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such Third
Party Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Site. You will
have the ability to disable the connection between your account on the Site and
your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those contacts who have
also registered to use the Site. You can deactivate the connection between the
Site and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that
become associated with your account.
SUBMISSIONS
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
ADVERTISERS
We allow advertisers
to display their advertisements and other information in certain areas of the
Site, such as sidebar advertisements or banner advertisements. If you are an
advertiser, you shall take full responsibility for any advertisements you place
on the Site and any services provided on the Site or products sold through
those advertisements. Further, as an advertiser, you warrant and represent that
you possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity rights,
and contractual rights. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.