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Terms of Service of Visiontek Softwares
Last
Updated on 12 September, 2009
If you
Welcome to our Web site
www.vteksoft.com. By using our site, you are agreeing
to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not
agree to these terms, you should not use this site. The
term “Visiontek Softwares,” “us” or “our” refers to
vteksoft.com, India, the legal name of the owner of the
Web site. The term “you” refers to the user or viewer of
our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this
Terms of Use Agreement (“Agreement”) with respect to our
site (the “Site”). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all
prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site,
the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to
time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including
but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by
Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of
information or materials on the Site does not constitute a
waiver of any right in such information and materials.
Some of the content on the site is the copyrighted work of
third parties.
3. Service Marks.
vteksoft.com and others are our service marks or
registered service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks of
their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly
in accordance with this Agreement; (b) to use the Site
solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site
solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other
policies contained therein. No print out or electronic
version of any part of the Site or its contents may be
used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined
as “Content and Materials”) therein are subject to the
following restrictions and prohibitions on use: You may
not (a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved
from it; (b) use the Site or any materials obtained from
the Site to develop, of as a component of, any
information, storage and retrieval system, database,
information base, or similar resource (in any media now
existing or hereafter developed), that is offered for
commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in
any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of us
or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service
bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use
any network monitoring or discovery software to determine
the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the
Site for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain
names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or
federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the
Site or any portion thereof, or any software available on
or through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business
documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license
basis only for your personal one-time use for
non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license.
Documents are provided for a charge and without any
representations or warranties, express or implied, as to
their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE
PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,”
AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The
Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired
result. You should consult with legal counsel to determine
the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only
samples and may not be applicable to a particular
situation. Some Documents are public domain forms or
available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the
Site is not intended to and does not constitute legal
advice, recommendations, mediation or counseling under any
circumstance and no attorney-client relationship is
formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of
information on the Site or materials linked to the Site is
entirely at your own risk. We are not a law firm and the
Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on
the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate
and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in
the advertiser's or sponsor's materials.
10. Registration/Purchase.
Certain sections of, or offerings from, the Site may
require you to register. If registration is requested, you
agree to provide us with accurate, complete registration
and/or purchase information. Your registration must be
done using accurate information. Each registration is for
your personal use only. We do not permit (a) any other
person using the registered sections under your name; or
(b) access through a single name being made available to
multiple users on a network. You are responsible for
preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent or
warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features,
functionality or content of the Site at any time. We
reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on
the Site.
12. Third Party Content.
Third party content may appear on the Site or may be
accessible via links from the Site. We are not responsible
for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on
the Site. You understand that the information and opinions
in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it
necessarily reflect our belief.
Certain Content. Certain of the content on this site is
copyrighted by external experts, contributors and bloggers,
or other third parties. This content is provided “as is”
without warranty of any kind. Neither we, nor any data
suppliers make any warranty whatsoever as to the accuracy
or completeness of the content or the results to be
obtained from using the information contained therein and
neither we nor any data suppliers will be responsible for
any claims attributable to errors, omissions, or other
inaccuracies in the information contained in the content.
The entire risk for the results and performance of the
content is assumed by the user. Further, neither we nor
any of our data suppliers make any representations or
warranties, either express or implied, with respect to the
content, including, but not limited to, the quality,
performance, merchantability or fitness for a particular
purpose of the content or any information contained
therein. In no event will we or any data suppliers be
liable for direct, indirect, special, incidental, or
consequential damages arising out of the use of or
inability to use the content or for any loss or damage of
any nature caused to any person as a result of that use.
Material contained in the content may not be duplicated or
redistributed without the prior written consent of us and
the copyright holder, except that one print copy of search
output is permitted for use within the user’s organization
and that search output may be stored temporarily in
electronic media for editing or reformatting and
subsequent printing of one print copy of search output for
internal use.
Advertising and sponsored links found on content pages
from third party providers are not provided by those
content providers and are not endorsements.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we
deem appropriate, including but not limited to reporting
any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and
disclosing any information necessary or appropriate to
such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses
and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers
of information and documents, advertisers, product and
service providers, and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss,
claim and expense related to your violation of this
Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or
assignable. Any password or right given to you to obtain
information or documents is not transferable or
assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL
FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS
PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for
any loss, injury, claim, liability, or damage of any kind
resulting in any way from (1) any errors in or omissions
from the Site or any services or products obtainable
therefrom, (2) the unavailability or interruption of the
Site or any features thereof, (3) your use of the Site,
(4) the content contained on the Site, or (5) any delay or
failure in performance beyond the control of a Covered
Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $75 or Indian Rupees 3,500 AND THAT AMOUNT SHALL BE
IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you
and all information provided by you in any manner
consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a “Submission”)
will forever be our property. We will not be required to
treat any Submission as confidential, and will not be
liable for any ideas (including without limitation,
product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may
appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of
all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you
are responsible for whatever material you submit, and you,
not us, have full responsibility for the message,
including its legality, reliability, appropriateness,
originality, and copyright.
In compliance with the Children's Online Privacy
Protection Act of 1998, vteksoft.com does not accept
registrations from those under 13 years of age. By
registering with vteksoft.com, you represent that you are
at least 13 years old.
19. Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers (“Merchants”) from which you
may purchase certain goods or services. You understand
that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use
of or purchase from such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while
on any Merchant sites. We are not responsible for
information provided by you to Merchants. We and the
Merchants are independent contractors and neither party
has authority to make any representations or commitments
on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
22. Disclosure Policy.
Our Disclosure Policy, as it may change from time to time,
is a part of this Agreement.
23. Payments.
You represent and warrant that if you are purchasing
something from us or from Merchants that
(i) any credit information you supply is true and
complete,
(ii) charges incurred by you will be honored by your
credit card company, and
(iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
24. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future
economic performance and demand for our products or
services, as well as our intentions, plans and objectives
(particularly with respect to product and service
offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our
Site, words like “anticipates,” “expects,” “believes,”
“estimates,” “seeks,” “plans,” “intends,” “will” and
similar expressions are intended to identify
forward-looking statements designed to fall within
securities law safe harbors for forward-looking
statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information
contained herein is intended to be, and shall not be
deemed to be, incorporated into any of our
securities-related filings or documents.
25. Links to other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own
risk.
26. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask
you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following
information:
a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
b. A description of the copyrighted work that you claim
has been infringed;
c. A description of where the material that you claim is
infringing is located on the Site;
d. Your address, telephone number, and email address;
e. 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; and
f. 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.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached by mail:
Sanjiv Trivedi
vteksoft.com
68, Dronacharya Nagar
Parekh Layout
Nagpur - 440 002
Maharashtra State
India
27. Information and Press Releases.
The Site contains information and press releases about us.
We disclaim any duty or obligation to update this
information or any press releases. Information about
companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided
or endorsed by us.
28. Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations
regarding your use of the Site and the Content and
Materials provided therein.
29. Refund and Return Policy.
To the extent that you purchase any goods or services
directly from us, we will refund you your purchase price
within 30 days of you notifying us in writing of your
desire for the refund, together with the reason for the
request, with the product or service returned to us in
substantially the same condition as when purchased. Please
note, however, that certain products and services
mentioned on our site are sold by third parties or are
linked to third party Web sites, and we have no
responsibility or liability for those products or
services. You may request a refund by contacting us.
30. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in Nagpur, Maharashtra State, India and
shall be governed by and construed in accordance with the
laws of the Honorable Nagpur Judicial Court (without
regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information,
Documents, products or services related thereto) must be
instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall
be subject to the limitations set forth in Section 16 and
Section 17. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or
against any party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting
party shall not apply in interpreting this Agreement. This
Agreement and all incorporated agreements and your
information may be automatically assigned by us in our
sole discretion to a third party in the event of an
acquisition, sale or merger. If any provision of this
agreement is held illegal, invalid or unenforceable for
any reason, that provision shall be enforced to the
maximum extent permissible, and the other provisions of
this Agreement shall remain in full force and effect. If
any provision of this Agreement is held illegal, invalid
or unenforceable, it shall be replaced, to the extent
possible, with a legal, valid, and unenforceable provision
that is similar in tenor to the illegal, invalid, or
unenforceable provision as is legally possible. To the
extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive
any termination of this Agreement. The title, headings and
captions of this Agreement are provided for convenience
only and shall have no effect on the construction of the
terms of this agreement.
31. Arbitration.
Any legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding
legal action taken by us relating to Site operations
and/or intellectual property, shall be settled solely by
confidential binding arbitration in accordance with the
commercial arbitration rules of JAMS applicable at the
time the arbitration commences. The arbitration shall be
conducted in San Francisco, California. Each party shall
bear its own attorneys' fees. Each party shall bear
one-half of the arbitration fees and costs incurred
through JAMS.
32. Termination.
You agree that Visiontek Softwares, in its sole
discretion, may terminate your membership, and remove and
discard any content that you have posted on the Site, for
any reason, including, without limitation, for lack of use
or if Visiontek Softwares, in its sole opinion, believes
that you have violated or acted inconsistently with the
letter or spirit of this Agreement or that you are a
repeat infringer of intellectual property rights. You
agree that any termination of your access to the Site
under any provision of this Agreement may be effected
without prior notice, and acknowledge and agree that
Visiontek Softwares may immediately deactivate or delete
your account and all related information and files in your
account and/or bard any further access to such files or
the Site. Further, you agree that Visiontek Softwares
shall not be liable to you or any third-party for any
termination of your access to the Site.
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