These Terms and Conditions of Use (the "Terms of Use") apply to the application, (the "App"). The App is the property of ePrakashak ("ePrakashak") and its licensors. BY USING OR ACCESSING THE APP OR CLICKING ON THE ACCEPT BUTTON, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE APP OR CLICK THE ACCEPT BUTTON.
THE AGREEMENT IS EFFECTIVE AS OF THE DATE YOU ACCEPT THESE TERMS (“EFFECTIVE DATE”).
ePrakashak reserves the right, at its sole discretion, to change, modify, add or remove these Terms of Use in whole or in part, at any time, without any prior notice. It is your responsibility to check these Terms of Use periodically for any updates or changes. Your continued use of the App following the updates or changes shall mean that you accept and agree to the changes and updates.
Subject to compliance with these Terms of Use, ePrakashak grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the App and its Contents within India(“Territory”). The contents of the App are provided on an "as is" and "as available" basis. ePrakashak shall not be responsible for any errors or omissions contained on the App and reserve the right to make changes to the App without any prior notice.
Intellectual Property Rights
You acknowledge and understand that ePrakashak either has a license or owns and has exclusive right, title and interest in and to all content on the App including without limitation, eBooks(as defined in Section 2 below), text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, software, design, structure, selection, coordination, expression, "look and feel" and arrangement of such content and computer code (collectively, "Content"), and is protected by copyright, patent and trademark laws, and various other intellectual property rights.
You also acknowledge that ePrakashak holds ownership and copyrights in the software used to run the App and any other Software created by it for this purpose.
Limitations on use of Website Content
Except for the limited licenses expressly granted in these Terms of Use, You have no further rights in or to the App or its Content, whether express, implied, arising from estoppel or otherwise.
Your use of the App must follow the rules set forth in this Section. Any other use of the App and its Content is a material breach of this Agreement.
The license granted under these Terms of Use are for limited purpose of carrying out : (a) academic or educational research or study (b) providing academic or education instructions to students (c) carrying out research and study in connection with a profession or vocation only (“Permitted Purposes”) and you shall not commercially exploit any content on the App.
You may view the Content and use the related features available on such pages as are required for Permitted Purposes. Subject to the approval of the publisher/author, you may store the content of eBooks in print form for the Permitted Purposes.
ePrakashak’s delivery of services and your access to the App and the eBooks is not a sale of original or any copy of the eBooks and nothing in the license is to be construed as granting or transferring any copyrights or ownership interests or commercial or promotional use rights to you and does not constitute a grant or waiver of any rights of the copyright owners.
You may use log in details to access the App, its Contents and eBooks only on one electronic device. If for any reason, you want to log in from another electronic device, you may do so once, provided that you will lose the access to the App, its Contents and eBooks from your original electronic device. You shall not be allowed to change access of electronic device more than once without prior written consent of ePrakashak.
You acknowledge and agree that the copyrights in the ebooks/periodicals/journals displayed on the App (“eBooks”), vests solely in the publishers or authors of such eBooks and such publisher/author retains title to and ownership of the original and all copies of the eBooks regardless of the form or media in or on which the original or other copies may exist.
Except as expressly set out above, You shall not reproduce, modify or in anyway commercially exploit the App or any of its Contents. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, You shall not do any of the following without prior written permission from ePrakashak.
You represent and warrant that you shall not use any part of the App and/or Content in breach of these Terms of Use, nor may you copy, reverse engineer or reproduce , republish, upload, post, publicly display, encode, translate transmit or distribute in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without ePrakashak express prior written consent.
Remove the copyright or trademark notice from any copies of Content made available under on the App.
You represent and warrant that you shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any ePrakashak server, or to any of the services offered on or through the App, by hacking, password "mining" or any other illegitimate means.
You shall not use the App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ePrakashak or others.
You shall not tamper with or circumvent any security technology included in the App or its Contents.
Non-grant of licence
The permission to view and temporarily store pages in print form cannot be deemed to be a license granting any rights to You except the permission to view and temporarily store the pages in print form for Permitted Purposes. Any use of the App and its Contents not specifically permitted above is expressly prohibited.
Accounts, Passwords and Security
The App shall require you to open an account or Log into an account using the first-time login IDs provided to You by your admin. You will provide ePrakashak with accurate, complete registration information while making such account and inform ePrakashak of any changes to such information which may reflect on the account at ePrakashak’s discretion and approval. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify ePrakashak immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ePrakashak, publisher/owner of the eBooks or any other user of or visitor to the App due to someone else using your ID, password or account as a result of Your failing to keep Your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time. ePrakashak cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. For the purpose of confirming your compliance with the provisions of these Terms of Use, ePrakashak reserves the right to monitor and record activity on the App, including limiting or restricting, in whole or in part, permanently or temporarily your access to App and its Content.
Privacy Policy
ePrakashak’s Privacy Policy applies to use of this App, and its terms are made a part of these Terms of Use by this reference. To view ePrakashak’s Privacy Policy, click here. Additionally, by using the App, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted
Disclaimer
ePRAKASHAK DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. ePRAKASHAK CANNOT ENSURE THAT ANY FILES ON THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ePrakashak DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ePrakashak DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPAPP. YOUR SOLE REMEDY AGAINST ePrakashak FOR DISSATISFACTION WITH THE APP OR ANY CONTENT IS TO STOP USING THE APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ePrakashak reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Content provided on this App does not constitute 'legal advice', and cannot be construed as such. ePrakashak, its sister concerns, employees and associates shall not be held liable for any reliance placed upon material made available from this App. Please consult a qualified advocate for 'legal advice'.
Limitation of Liability
ePrakashak shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from Your use of the Site, its Contents and the interactive areas or any facts or opinions appearing on or through an interactive area.
In no event will ePrakashak be liable to you for any special, direct, indirect, consequential, exemplary, incidental or punitive damages, including without limitation lost profits, loss of data, loss of use, interruption of business and lawyer’s fees, even if ePrakashak has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, ePrakashak is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ePrakashak’s liability shall in no event exceed Rupees One Thousand (Rs. 1000/-)
Indemnification
You agree to indemnify, defend and hold ePrakashak, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and any third party information providers, harmless from and against any demands, loss, damages, costs, liability, claims or expenses (including attorneys’ fees), resulting from or arising out of or in connection with your use of the App or breach of these Terms of Use
Violation of These Terms of Use
ePrakashak may disclose any information we have about You (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ePrakashak’s rights or property, or the rights or property of visitors to or users of the App, including ePrakashak’s customers. ePrakashak reserves the right at all times to disclose any information that ePrakashak deems necessary to comply with any applicable law, regulation, legal process or governmental request. ePrakashak also may disclose your information when ePrakashak determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ePrakashak may preserve any transmittal or communication by you with ePrakashak through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or ePrakashak determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ePrakashak, its employees, users of or visitors to the App, and the public.
You agree that ePrakashak may, in its sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ePrakashak, for which monetary damages would be inadequate, and you consent to ePrakashak obtaining any injunctive or equitable relief that ePrakashak deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ePrakashak may have at law or in equity.
You agree that ePrakashak may, in its sole discretion and without prior notice, terminate your access to the App, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the App or any service offered on or through the App, or (4) unexpected technical issues or problems or (5) at sole discretion of ePrakashak.
Not Legal Advice
The Content on the App is not intended to and does not constitute legal advice. These Terms of Use or the use of the App does not form any lawyer-client relationship between You and ePrakashak. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the App or materials linked from the App is at your own risk.
Force Majeure
ePrakashak shall not have any liability to You for any interruption or delay in access to the App irrespective of the cause.
Disputes
You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of India without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Bangalore, Karnataka, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ePrakashak and you arising out of or in connection with your use of the App and its Contents, the parties shall submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ePrakashak with regard to your use of the App, and any and all other written or oral agreements or understandings previously existing between you and ePrakashak with respect to such use are hereby superseded and cancelled.