Terms and Conditions
The following terms and conditions (the "Terms and Conditions") govern
your use of this web site, and any content made available from or
through this web site, including any sub-domains thereof (the "Web
Site"). The Web Site is made available by Haymarket SAC ("HSAC" or
"we" or "us"). We may change the Terms and Conditions from time to
time, at any time without notice to you, by posting such changes on
the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE
AND YOU ARE DEEMED TO HAVE READ AND UNDERSTOOD ALL OF ITS CONTENTS AND
IMPLICATIONS. If you do not agree to these Terms and Conditions, you
may not access or otherwise use the Web Site.
Proprietary Rights
You may access and view the content on the Web Site on your computer
or other device and, unless otherwise indicated in these Terms and
Conditions or on the Web Site, make single copies or prints of the
content on the Web Site for your personal, internal use only. Use of
the Web Site and the services offered on or through the Web Site, are
only for your personal, non-commercial use.
Limited License
You may access and view the content on the Web Site on your computer
or other device and, unless otherwise indicated in these Terms and
Conditions or on the Web Site, make single copies or prints of the
content on the Web Site for your personal, internal use only. Use of
the Web Site and the services offered on or through the Web Site, are
only for your personal, non-commercial use.
Prohibited Use
Any commercial or promotional distribution, publishing or exploitation
of the Web Site, or any content, code, data or materials on the Web
Site, is strictly prohibited unless you have received the express
prior written permission from authorized personnel of HSAC or the
otherwise applicable rights holder. Other than as expressly allowed
herein, you shall not download, post, display, publish, copy,
reproduce, distribute, transmit, modify, perform, broadcast, transfer,
create derivative works from, sell or otherwise exploit any content,
code, data or materials on or available through the Web Site. You
further agree that you shall not alter, edit, delete, remove,
otherwise change the meaning or appearance of, or repurpose, any of
the content, code, data, or other materials on or available through
the Web Site, including, without limitation, the alteration or removal
of any trademarks, trade names, logos, service marks, or any other
proprietary content or proprietary rights notices. You acknowledge
that you do not acquire any ownership rights by downloading any
copyrighted material from or through the Web Site. If you make other
use of the Web Site, or the content, code, data or materials thereon
or available through the Web Site, except as otherwise provided above,
you may violate copyright and other laws of India, other countries, as
well as applicable state laws and may be subject to liability for such
unauthorized use.
Trademarks
The trademarks, logos, service marks and trade names (collectively the
"Trademarks") displayed on the Web Site or on content available
through the Web Site are registered and unregistered Trademarks of
HSAC and shall not be used in connection with products and/or services
that are not related to, associated with, or sponsored by their rights
holders that are likely to cause customer confusion, or in any manner
that disparages or discredits their rights holders. All Trademarks not
owned by HSAC that appear on the Web Site or on or through the Web
Site's services, if any, are the property of their respective owners.
Nothing contained on the Web Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
Trademark displayed on the Web Site without the written permission of
HSAC or the third party that may own the applicable Trademark. Your
misuse of the Trademarks displayed on the Web Site or on or through
any of the Web Site's services is strictly prohibited.
User Information
In the course of your use of the Web Site and/or the services made
available on or through the Web Site, you may be asked to provide
certain personalized information to us (such information referred to
hereinafter as "User Information"). HSAC's information collection and
use policies with respect to the privacy of such User Information are
set forth in the Web Site's Privacy Policy which is incorporated
herein by reference for all purposes. You acknowledge and agree that
you are solely responsible for the accuracy and content of User
Information.
Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to
receive any confidential, secret or proprietary information or other
material from you through the Web Site, by e-mail or in any other way.
Any information, creative works, demos, ideas, suggestions, concepts,
methods, systems, designs, plans, techniques or other materials
submitted or sent to us after registration on the Website (including,
for example and without limitation, that which you submit or post to
our chat rooms, message boards, and/or our blogs, or send to us via
e-mail) ("Submitted Materials") will be deemed not to be confidential
or secret, and may be used by us in any manner consistent with the Web
Site's Privacy Policy. By submitting or sending Submitted Materials to
us, you: (i) represent and warrant that the Submitted Materials are
original to you, that no other party has any rights thereto, and that
any "moral rights" in Submitted Materials have been waived, and (ii)
you grant us and our affiliates a royalty-free, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive and fully
transferable, assignable and sublicensable right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and incorporate in other
works any Submitted Materials (in whole or part) in any form, media,
or technology now known or later developed, including for promotional
and/or commercial purposes. We cannot be responsible for maintaining
any Submitted Material that you provide to us, and we may delete or
destroy any such Submitted Material or any part thereof at any time,
at our sole discretion which cannot be questioned by you at any time.
Prohibited User Conduct
You warrant and agree that, while using the Web Site and the various
services and features offered on or through the Web Site, you shall
not: (a) impersonate any person or entity or misrepresent your
affiliation with any other person or entity; (b) insert your own or a
third party's advertising, branding or other promotional content into
any of the Web Site's content, materials or services, or use,
redistribute, republish or exploit such content or service for any
further commercial or promotional purposes; or (c) attempt to gain
unauthorized access to other computer systems through the Web Site.
You shall not: (i) engage in spidering, "screen scraping," "database
scraping," harvesting of e-mail addresses, wireless addresses or other
contact or personal information, or any other automatic means of
obtaining lists of users or other information from or through the Web
Site or the services offered on or through the Web Site, including
without limitation any information residing on any server or database
connected to the Web Site or the services offered on or through the
Web Site; (ii) obtain or attempt to obtain unauthorized access to
computer systems, materials or information through any means; (iii)
use the Web Site or the services made available on or through the Web
Site in any manner with the intent to interrupt, damage, disable,
overburden, or impair the Web Site or such services, including,
without limitation, sending mass unsolicited messages or "flooding"
servers with any communication; (iv) use the Web Site or the Web
Site's services or features in violation of HSAC's or any third
party's intellectual property or other proprietary or legal rights; or
(v) use the Web Site or the Web Site's services in violation of any
applicable law. You further agree that you shall not attempt (or
encourage or support anyone else's attempt) to circumvent, reverse
engineer, decrypt, or otherwise alter or interfere with the Web Site
or the Web Site's services, or any content thereof, or make any
unauthorized use thereof. You agree that you shall not use the Web
Site in any manner that could damage, disable, overburden, or impair
the Web Site or interfere with any other party's use and enjoyment of
the Web Site or any of its services. You shall not obtain or attempt
to obtain any materials or information through any means not
intentionally made publicly available or provided for through the Web
Site.
User Content
You agree that HSAC will not be liable for any content posted by you
and you shall be solely liable for the same. You represent and warrant
that the content posted by you is either owned by you or licensed to
you.
Public Forums
HSAC may, from time to time, make messaging services, chat services,
bulletin boards, message boards, blogs, other forums and other such
services available on or through the Web Site. In addition to any
other rules or regulations that we may post in connection with a
particular service, you agree that you shall not upload, post,
transmit, distribute or otherwise publish through the Web Site or any
service or feature made available on or through the Web Site, any
materials which (i) restrict or inhibit any other user from using and
enjoying the Web Site or the Web Site's services, (ii) are fraudulent,
unlawful, threatening, abusive, harassing, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit
or indecent, (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law,
(iv) violate, plagiarize or infringe the rights of third parties
including, without limitation, copyright, trademark, trade secret,
confidentiality, contract, patent, rights of privacy or publicity or
any other proprietary right, (v) contain a virus, spyware, or other
harmful component, (vi) contain embedded links, advertising, chain
letters or pyramid schemes of any kind, or (vii) constitute or contain
false or misleading indications of origin, endorsement or statements
of fact. You further agree not to impersonate any other person or
entity, whether actual or fictitious, including anyone from HSAC You
also shall not offer to buy or sell any product or service on or
through your comments submitted to our forums. You alone are
responsible for the content and consequences of any of your
activities.
Right to Monitor and Editorial Control
HSAC reserves the right, but does not have an obligation, to monitor
and/or review all materials posted to the Web Site or through the Web
Site's services or features by users, and HSAC is not responsible for
any such materials posted by users. However, HSAC reserves the right
at all times to disclose any information as necessary to satisfy any
law, regulation or government request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, that in
HSAC's sole discretion are objectionable or in violation of this Terms
of Use, HSAC's policies or applicable law. We may also impose limits
on certain features of the forums or restrict your access to part or
all of the forums without notice or penalty if we believe you are in
breach of the guidelines set forth in this paragraph, our terms and
conditions or applicable law, or for any other reason without notice
or liability. Private or Sensitive Information on Public Forums It is
important to remember that comments submitted to a forum may be
recorded and stored in multiple places, both on our Web Site and
elsewhere on the Internet, which are likely to be accessible for a
long time and you have no control over who will read them eventually.
It is therefore important that you are careful and selective about the
personal information that you disclose about yourself and others, and
in particular, you should not disclose sensitive, embarrassing,
proprietary or confidential information in your comments to our public
forums.
Indemnification
You agree to defend, indemnify and hold HSAC and HSAC's and its
affiliates' directors, officers, employees and agents harmless from
any and all claims, liabilities, costs and expenses, including
attorneys' fees, arising in any way from your use of the Web Site,
your placement or transmission of any message, content, information,
software or other materials through the Web Site, or your breach or
violation of the law or of these Terms and Conditions. HSAC reserves
the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and
in such case, you agree to cooperate with HSAC's defense of such
claim.
Orders for Products and Services
We may make subscription of magazines and purchase of certain products
available to registrants of the Web Site. You may register yourself on
the website, free of cost, after which you can log in to your account
on the website and purchase the required products. If you order any
products, you hereby represent and warrant that you are 18 years old
or older. For processing the payment for purchase of the products or
subscription of the magazine, you will be directed to the payment
gateway on the website of www.ccavenue.com You agree to pay in full
the prices (including applicable taxes) for any purchases you make
either by credit/debit card concurrent with your online order or by
other payment means acceptable to HSAC and CC Avenue. The first issue
of the magazine or the product will be dispatched to you subject to
the realization of the subscription amount in the bank account of
HSAC. Delivery of the subscribed magazines and purchased merchandise
are undertaken by third party courier services or postal services.
HSAC’s liability with respect to damaged or lost/ misplaced issues or
merchandise will be limited to replacement of the damaged or lost/
misplaced issue or merchandise on receipt of a complaint within 30
days of delivery of the damaged magazine/ product or expected delivery
of the lost/ misplaced magazine/ product. Certain products that you
purchase and/or download on or through the Web Site may be subject to
additional terms and conditions presented to you at the time of such
purchase or download.
Third Party Web Sites
You may be able to link from the Web Site to third party web sites and
third party web sites may link to the Web Site ("Linked Sites"). You
acknowledge and agree that we have no responsibility for the
information, content, products, services, advertising, code or other
materials which may or may not be provided by or through Linked Sites,
even if they are owned or run by affiliates of ours. Links to Linked
Sites do not constitute an endorsement or sponsorship by us of such
web sites or the information, content, products, services,
advertising, code or other materials presented on or through such web
sites. The inclusion of any link to such sites on our Site does not
imply HSAC's endorsement, sponsorship, or recommendation of that site.
HSAC disclaims any liability for links (1) from another web site to
this Web Site and (2) to another web site from this Web Site. HSAC
cannot guarantee the standards of any web site to which links are
provided on this Web Site nor shall HSAC be held responsible for the
contents of such sites, or any subsequent links. HSAC does not
represent or warrant that the contents of any third party web site is
accurate, compliant with any laws including the laws of India, or
compliant with copyright or other intellectual property laws. Also,
HSAC is not responsible for or any form of transmission received from
any linked web site. Any reliance on the contents of a third party web
site is done at your own risk and you assume all responsibilities and
consequences resulting from such reliance.
Linking to the Web Site
You agree that if you include a link from any other web site to the
Web Site, such link shall open in a new browser window and shall link
to the full version of an HTML formatted page of this Web Site. You
are not permitted to link directly to any image hosted on the Web Site
or our services, such as using an "in-line" linking method to cause
the image hosted by us to be displayed on another web site. You agree
not to download or use images hosted on this Web Site on another web
site, for any purpose, including, without limitation, posting such
images on another site. You agree not to link from any other web site
to this Web Site in any manner such that the Web Site, or any page of
the Web Site, is "framed," surrounded or obfuscated by any third party
content, materials or branding. We reserve all of our rights under the
law to insist that any link to the Web Site be discontinued, and to
revoke your right to link to the Web Site from any other web site at
any time upon written notice to you.
DISCLAIMER OF WARRANTIES
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT,
FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED
"AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED
ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY,
DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS,
COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH
WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE
OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE
WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR
THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE,
RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. HSAC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE
LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT
ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR
YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT,
OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE
WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE. WE
TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT
AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO
ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND
WITHOUT ANY PRIOR WARNING. HSAC NEITHER ENDORSES NOR IS RESPONSIBLE
FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON
THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT,
UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE, INCLUDING,
WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE. IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF
ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH
THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE,
REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE
OR OTHER CONTENT. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION,
HSAC AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR
REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED
VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND
ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES
LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE
WEB SITE OR IN CORRESPONDENCE WITH HSAC OR ITS AGENTS. ANY PRODUCTS
AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY HSAC
"AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A
LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN
YOU AND HSAC OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HSAC, OR
ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR
SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY
RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE
CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF
INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF
SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL
THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT
POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER
OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE
TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM
THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE
AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO HSAC FOR YOUR USE OF THE
WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
Photosensitive Seizures
A very small percentage of people may experience a seizure when
exposed to certain visual images, such as flashing lights or patterns
that may appear in video games or other electronic or online content.
Even people who have no history of seizures or epilepsy may have an
undiagnosed condition that can cause these "photosensitive epileptic
seizures" while watching video games or other electronic content.
These seizures have a variety of symptoms, including lightheadedness,
disorientation, confusion, momentary loss of awareness, eye or face
twitching, altered vision or jerking or shaking of arms or legs. If
you experience any of the foregoing symptoms, or if you or your family
has a history of seizures or epilepsy, you should immediately stop
using the Web Site and consult a doctor. Applicable Laws We control
and operate the Web Site from our offices in India. We do not
represent that materials on the Web Site are appropriate or available
for use in other geographical locations. Persons who choose to access
the Web Site from other geographical locations do so on their own
initiative, and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
Termination
HSAC may terminate, change, suspend or discontinue any aspect of the
Web Site or the Web Site's services at any time. HSAC may restrict,
suspend or terminate your access to the Web Site and/or its services
if we believe you are in breach of our terms and conditions or
applicable law, or for any other reason without notice or liability.
Changes to Terms of Use
HSAC reserves the right, at its sole discretion, to change, modify,
add or remove any portion of the Terms and Conditions, in whole or in
part, at any time. Changes in the Terms and Conditions will be
effective when posted. Your continued use of the Web Site and/or the
services made available on or through the Web Site after any changes
to the Terms and Conditions are posted will be considered acceptance
of those changes.
Miscellaneous
The Terms and Conditions, and the relationship between you and us,
shall be governed by the laws of India, without regard to conflict of
law provisions. You agree that any cause of action that may arise
under the Terms and Conditions shall be commenced and be heard in the
appropriate court in Mumbai, India. You agree to submit to the
personal and exclusive jurisdiction of the courts located within
Mumbai, India. Our failure to exercise or enforce any right or
provision of the Terms and Conditions shall not constitute a waiver of
such right or provision. If any provision of the Terms and Conditions
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms and Conditions remain in full force
and effect.