TERMS AND CONDITIONS OF USE

By visiting and using the www.akashavhad.com website (the “Site”), you acknowledge you have read and agree to be bound by the Terms and Conditions of Use (collectively, the “Terms”) contained in this document. If you do not wish to agree to the Terms, please close this browser session and refrain from using the Site.

  1. Modifications: From time to time, and at our discretion, we reserves the right to make any changes to the Terms or the Site without prior notification. Visiting and using the Site or Services following any change in services offered, the Terms and Conditions of Use, or Privacy Policy constitutes both notice of the change and your acceptance of any changes.

2.Intellectual Property: The Akash Avhad name, logo, design, copy, graphics and other information located on or in the Site is the exclusive intellectual property of  or is used with express permission of the copyright and/or trademark owner. Any transmitting, copying, posting, linking, deep linking, distributing, or other modification of the Site, including, but not limited to pop-over, or pop-under advertisements or redirects without the express written permission of Akashavhad is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Except as otherwise noted in this agreement or on the Site, any and all material on the Site is protected by copyright as a collective work under the copyright laws of the Republic of India. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of material is permitted without the express written consent except as provided by law.

AKASH AVHAD trademarks used on the Site or used on any website otherwise owned or operated in conjunction and shall not be deemed to be in the public domain Akash Avhad

By submitting material to any area of this Site, you warrant that you are the owner of such material and under no obligation, contractual or otherwise which would prevent you from granting a license to use the material.

The foregoing provisions of this Section apply equally to and are for the benefit of, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  1. Notification of Claims of Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at [email protected]

 

Please provide our Agent with the following Notice:

  1. a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website (such as the URL);
  2. b) A 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, such as fair use;
  3. c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. d) Your address, telephone number, and email address; and
  5. e) Your physical or electronic signature.
  1. User Responsibilities and Conduct: All activity by you on the Site must be for lawful purposes only. Any post, e-mail or transmission through this Site, of any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior, written approval, contains advertising or any solicitation with respect to products or services, will be deemed a violation of this Agreement.

You shall not restrict or inhibit any other user from using or enjoying the Site. Such conduct includes, but is not limited to, political, religious, commercial, or non-commercial solicitation. Any solicitation of users of the Site to use other services directly or indirectly competitive or potentially competitive with Akash Avhad, including but not limited to hyperlinks and comments, is strictly prohibited.

You additionally agree not to contact any User of the site who has requested not to be contacted; collect any user information for any unlawful purpose; stalk or otherwise harass anyone via the Site.

The provisions in this Section apply equally to and are for the benefit of  its subsidiaries, affiliates and its third party content providers and licensors.

  1. Disclaimer of Warranty; Limitation of Liability: USE OF THIS SITE AND ANY OTHER SITES ACCESSED VIA THE SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY PROVIDED BY us, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS SITE AND IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CODEWIZARDS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL Akash Avhad, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR ITS CONTENTS, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,

WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Akash Avhad, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THIS SITE, OR ITS TRANSMISSION TO YOU OR FOR ANY CLAIMS OR LOSSES YOUR INABILITY TO ACCESS THE SITE. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY AKASH AVHAD. MOREOVER,  RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FORGING LIMITATIONS MAY NOT APPLY TO YOU.

  1. User Content, Monitoring Rights, and Termination: You understand that all code, postings, messages, text, files, images, photos, video, sounds, or other materials posted, e-mailed, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Site or Service.

You acknowledge that does not pre-screen or approve Content, but that may remove any content, information, member accounts, block email addresses, block IP addresses, or change or delete some or all of the content at any time at its discretion. We has the right, but not the obligation, to monitor the content of the Site at all times, including your content, to ensure compliance with the Terms, as well as to satisfy any applicable law, regulation or authorized government request.

We may terminate this Agreement at any time at its sole discretion. Akash Avhad shall not be liable to you or any third-party for any termination of access to the Service.

  1. Privacy: Any content you add to the Site, including code, discussions, ratings, comments, forums, chat rooms and/or other message or communication facilities is acknowledged by you to be public and not private communications and that others may read your communications without your knowledge. By posting code, comments, messages or other information on the Site, you grant the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see  Privacy Policy. Our Privacy Policy is hereby incorporated to this Agreement by reference

8. Grant of License: By posting code, information or communicating on or through the Site, you have hereby granted to a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology now known or hereafter developed, and to sublicense such rights through any amount of sublicensees.

You also permit any other Users to access, view, store, or reproduce the material for that User’s personal use on the Site.

We grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.

Use of the Service beyond the scope of authorized access granted to you by We may result in the immediate termination of your permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Site or Service or any content made available via the Site or Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Akash Avhad.

9. Indemnification: You agree to indemnify and hold Akash Avhad, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

10. Third Party Content: The Site may include the distribution of information supplied by, and hyperlinks to, third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributors and not of Akash Avhad. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through us. Under no circumstances will Akash Avhad be liable for any loss or damage caused by your reliance on information obtained through us. You access linked third party sites at your own risk.

11. No SPAM Policy: You understand and agree that sending unsolicited email advertisements to email addresses or through computer systems, is expressly prohibited by these Terms. Any unauthorized use of Akash Avhad computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.

12. Miscellaneous: These Terms constitute the entire agreement between you and Akash Avhad and govern your use of the Site and Service, superseding any prior agreements between you and us.

No waiver by Akash Avhad of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings of the Terms used herein are for convenience only and shall be of no legal force or effect.

If any provision of the Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions and the remaining portions of the Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under the Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

This Agreement and any legal issues arising out of, but not exclusive to the use of this Site or other sites accessed via this Site are governed by and in accordance with the laws of the State of Haryana without regard to its conflict of law provisions.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.