These Terms and Conditions of Use (the "Terms of Use") apply to the website https://publisher.eprakashak.in, (the "Site"). The Site is the property of ePrakashak ("ePrakashak") and its licensors. BY USING OR ACCESSING THE SITE OR CLICKING ON THE ACCEPT BUTTON, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SITE 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 Site 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 Site and its Contents within India(“Territory”). The contents of the Site are provided on an "as is" and "as available" basis. ePrakashak shall not be responsible for any errors or omissions contained on the Site and reserve the right to make changes to the Site 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 Site including without limitation, 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 Site 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 Site or its Content, whether express, implied, arising from estoppel or otherwise.
Your use of the Site must follow the rules set forth in this Section. Any other use of the Site and its Content is a material breach of this Agreement.
The license granted under these Terms of Use are for limited purpose of accessing the Site to (i) upload the eBooks (ii) to generate/purchase Access Codes of any validity in this period (iii) assign the Access Codes (as defined in the Agreement signed with the Publisher (“Hosting Agreement”)) to the users and (iv) amend the eBooks (“Permitted Purposes”) and you shall not commercially exploit any content on the Site.
You may view the Content and use the related features available on such pages as are required for Permitted Purposes.
You acknowledge and agree that the copyrights in the ebooks/periodicals/journals displayed on the Site (“eBooks”), vests solely in the owners/authors of such eBooks and such owner 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. You represent and warrant that you have all necessary licenses required to comply with the obligations and to provide licenses and rights to ePrakashak as provided under this Agreement, including without limitation, the rights to upload and amend the eBooks as provided under Section 2(a).
Except as expressly set out above, You may not reproduce, modify or in anyway commercially exploit the Site or any of its Contents. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, You may not do any of the following without prior written permission from ePrakashak.
You shall not use any part of the Site 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 Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ePrakashak server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not use the Site 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 may not tamper with or circumvent any security technology included in the Site or its Contents.
Accounts, Passwords and Security
The Site 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 or any other user of or visitor to the Site 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 Site, including limiting or restricting, in whole or in part, permanently or temporarily your access to Site and its Content.
Privacy Policy
ePrakashak’s Privacy Policy applies to use of this Site, 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 Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site 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 SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ePRAKASHAK CANNOT ENSURE THAT ANY FILES ON THE SITE 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 SITE AND/OR ANY CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITESITE. YOUR SOLE REMEDY AGAINST ePrakashak FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE 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 Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Content provided on this Site 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 Site. 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 Site 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 Site, 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 Site, 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 Site or any service offered on or through the Site, 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 Site, and the public.
You agree that ePrakashak may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site 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 Site. 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 Site, 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 Site or any service offered on or through the Site, or (4) unexpected technical issues or problems or (5) at sole discretion of ePrakashak.
Not Legal Advice
The Content on the Site is not intended to and does not constitute legal advice. These Terms of Use or the use of the Site 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 Site or materials linked from the Site is at your own risk.
Force Majeure
ePrakashak shall not have any liability to You for any interruption or delay in access to the Site irrespective of the cause.
Disputes
You agree that all matters relating to your access to or use of the Site, 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 Site 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 Site, 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.