TheProudHindu.com Website Terms of Use
Last Updated: Nov 30, 2023
1. Acceptance of Terms
The following terms, referred to as "Website Terms of Use," oversee your usage and access to services provided by Theproudhindu.com ("The Proud Hindu" or "we" or “us”). It's crucial to understand that these Terms hold significance as they impact your legal rights. Please take the time to review them thoroughly. Notably, Section 14 within these Terms enforces mandatory arbitration, necessitating individual arbitration and imposing constraints on available remedies to you in the event of certain disputes.
By accessing or using theproudhindu.com and our various related websites and services (collectively, the “Services”), you agree to be bound by these Terms.
By agreeing to these Terms, you affirm that you possess the legal authority to do so. Additionally, if you have accepted these Terms on behalf of a person or entity, you declare that you hold the legal authorization to act on their behalf and that said person or entity consents to be held responsible by us if any violation of these Terms occurs. If you disagree with any provision outlined in these Terms, you are not permitted, and we do not grant you the authorization, to access or utilize the Services or any of its provided functionalities.
By utilizing or accessing the Services, you confirm and guarantee that you have not faced prior suspension or removal from these Services, nor have you participated in any actions that might lead to your suspension or removal from the Services.
You should refrain from interpreting our publication of any content available on the Services as an endorsement by TheProudHindu.com of the views conveyed within that content. This also does not imply any assurance, warranty, or guarantee regarding any strategies, recommendations, treatments, actions, medications, or preparations proposed by the author of such content.
We reserve the right to modify these Terms at our discretion and for any cause, with notice of such changes provided through reasonable means, including within the Services. To determine the most recent update to these Terms, please refer to the “Last Updated” notation located at the top of this document. Unless your explicit consent is necessary under applicable law for acceptance of revised Terms, your ongoing access, browsing, or use of the Services constitutes agreement to these revised Terms. If you do not consent to any revised Terms, you are not permitted, and we do not authorize you, to use the Services. We strongly advise you to visit this page regularly to stay informed about any alterations to these Terms.
2. User Registration
In order to access and use certain areas or features of the Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.
You agree to: (a) provide information that is accurate, up-to-date, and complete, (b) regularly update your information when required, (c) take responsibility for the actions or oversights of any third party who has the authorization to access or use the Services on your behalf, and (d) promptly inform us if you detect or suspect any security breaches associated with the Services. Providing information that is false, inaccurate, outdated, or incomplete may result in the suspension and/or termination of your present or future access to the Services.
By furnishing information and/or responding to inquiries, you agree to receive electronic communications from us, which may include emails or notices posted within the Services.
We may send you promotional emails containing newsletters, special offers, surveys, and other relevant news or information that we believe will be of interest to you. You have the option to unsubscribe from receiving these promotional emails at any time by following the instructions provided for unsubscribing.
3. Right to Access and Use the Services and Content
Unless explicitly stated otherwise in writing by us, the Services, along with all content and materials within, encompassing any TheProudHindu.com service marks or logos, designs, text, graphics, images, information, data, software, and other files, as well as their selection and arrangement (collectively termed as "Content"), are the property of TheProudHindu.com or our licensors or users, as applicable. These are safeguarded by both INDIAN and international copyright laws and other pertinent regulations.
Under these Terms, you are provided a restricted, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access, view, and utilize the Services and Content for personal, non-commercial purposes. Any rights not explicitly granted in this context are reserved. These Terms do not confer upon you any ownership stake in the Services or Content, or any other rights beyond using the Services as outlined by, and subject to, all terms, conditions, and limitations specified within these Terms.
You are not entitled to, and therefore shall not, directly or indirectly: (a) engage in the commercial sale, resale, or commercial usage of the Services or Content, (b) distribute, publicly perform, or publicly display the Services or any Content, (c) create modifications or derivative works of the Services or Content, or any part thereof, (d) employ any data mining, robots, or similar data extraction methods, (e) download any portion of the Services or Content (except for page caching) unless explicitly permitted by us, (f) use the Services to intimidate, threaten, or violate the rights of others, including but not limited to privacy or publicity rights, (g) disrupt the Services or the servers/networks associated with the Services, or (h) use the Services or Content for purposes other than their intended use.
Any utilization of the Services or Content beyond the scope explicitly authorized herein, without our prior written consent, is strictly forbidden and will result in the termination of the access and usage rights granted herein. Such unauthorized usage may constitute a breach of applicable laws, including but not limited to copyright, trademark, and relevant communication regulations and statutes. Unless expressly permitted herein, these Terms do not grant any rights or licenses, whether by estoppel, implication, or otherwise, to any patents, trademarks, copyrights, or other proprietary rights belonging to TheProudHindu.com or any third party.
You agree not to eliminate, change, or hide any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying any Content. Moreover, you will refrain from reproducing, modifying, adapting, creating derivative works from, performing, displaying, publishing, distributing, transmitting, broadcasting, selling, licensing, or otherwise exploiting any Content.
We reserve the right, at our sole discretion, to alter, suspend, or cease, either temporarily or permanently, the Services, including any of its features or components, at any given time.
4. Trademarks
The TheProudHindu.com logo, along with any other product or service names, trademarks, logos, or identifiers associated with TheProudHindu.com ("Marks"), are the exclusive property of TheProudHindu.com, its subsidiaries, affiliates, or third parties. These Marks may not be replicated, mimicked, or utilized, either wholly or partially, without obtaining our prior written consent. Nothing within these Terms or the Services should be interpreted as granting, implicitly or otherwise, any license or authorization to use such Marks without our prior written consent or the preceding written permission from the relevant third party owning these Marks.
5. Legal Requirements; Privacy Policy
Our Privacy Policy outlines the manner in which we manage the personal information you provide while using the Services. To gain insight into our privacy procedures, please refer to our Privacy Policy available at https://www.theproudhindu.com/privacy-policy.
6. User Content
You assume full responsibility and accountability for all data, information, and other materials ("User Content") that you submit, upload, post, email, or otherwise transmit ("Transmit") while utilizing the Services. Additionally, we bear no control over, and consequently hold no liability for, any damages resulting from the utilization or misinterpretation by any third party of publicly accessible information via the Services. Should you opt to submit or make any User Content publicly available, you do so at your own risk, and we disclaim any liability associated with it.
You agree not to, and will not allow others to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, intrusive of privacy, or racially, ethnically, or otherwise objectionable; (b) Transmit any User Content that: (i) you lack the right to Transmit, whether due to legal restrictions or contractual or fiduciary relationships, encompassing inside information or proprietary and confidential details; (ii) infringes upon any patent, copyright, trademark, or other intellectual property rights or violates trade secrets or third-party privacy rights; (iii) constitutes unsolicited or unauthorized advertisements, "spam," "chain letters," or pyramid schemes; or (iv) contains software routines, codes, instructions, or viruses designed to disable, delete, modify, damage, or erase software, hardware, or data; or (c) manipulate headers or alter identifiers to disguise any User Content transmitted through the Services.
While we are not obligated to screen, edit, or monitor User Content, we retain the right and hold absolute discretion to remove, screen, or edit User Content posted or stored within the Services at any time and for any reason. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your own expense.
7. Rights in User Content
We do not assert any ownership claim over User Content. Nevertheless, upon uploading, posting, or submitting User Content to the Services or to our pages or feeds on third-party social media platforms (such as our Facebook page, LinkedIn page, or Twitter feed), you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license. This license allows us to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, wholly or partially, in any manner or media and for any purpose at our sole discretion. These purposes encompass publicity, promotion, advertising, trade, business, illustration, artistic, commercial, and noncommercial objectives. However, we adhere to our Privacy Policy regarding the sharing of personal information you provide.
You agree that we may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of the TheProudHindu.com, its customers or the public.
8. Feedback
Apart from User Content, you have the option to submit inquiries, remarks, recommendations, concepts, original or creative materials, or any other information relating to us or the Services (collectively referred to as "Feedback"). Any Feedback provided will become the exclusive property of TheProudHindu.com. We will possess complete and exclusive rights, encompassing all intellectual property rights, pertaining to the Feedback. As such, we reserve the entitlement to freely use and distribute the Feedback for any purpose, whether commercial or otherwise, without the need to acknowledge or compensate you.
9. Third-Party Sites
We haven't reviewed all the websites connected to the Services and cannot be held responsible for the content found on third-party pages or any other websites linked to the Services, including products or services offered by third parties. Nothing within the Services, including any links to external websites, should be interpreted as our endorsement of products, services, or information provided by other individuals or companies. Your decision to access a linked website is entirely at your own risk, and you agree to adhere to all terms and conditions associated with such websites. We retain the right to refrain from linking or to remove links to specific websites at any given time.
We offer links to third-party websites for your convenience, and these sites are neither owned nor managed by us. We lack control over these linked websites and do not provide any assurances or guarantees regarding these websites or the products/services offered by third parties. Your decision to view and use any third-party websites is entirely at your own discretion and risk.
10. Indemnification
You are responsible for indemnifying, defending, and holding harmless TheProudHindu.com, its affiliates, and subsidiaries against any and all losses, damages, liabilities, and costs (including reasonable attorney fees) ("Losses") arising from third-party claims, suits, actions, or proceedings related to or stemming from your use of the Services, User Content, provided Feedback, violation of these Terms, or any other act or omission by you. This includes infringements upon the rights of others resulting from your use of the Services or its features. Additionally, we retain the right to manage the defense or settlement of any third-party claims unless we opt to request your defense. This indemnification is supplementary and not a substitute for any other indemnities outlined in a written agreement between you and TheProudHindu.com.
11. General Disclaimers
The Services and the Content are offered on an "as is," "as available," and "with all faults" basis. We do not make any representations, warranties, or endorsements, whether express or implied, regarding: (A) the Services; (B) Content; (C) User Content; or (D) the security associated with transmitting information to or from the Services. We hereby disclaim all warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, the achievement of any specific results, non-infringement, title, customary practices, trade, peaceful enjoyment, system integration, and freedom from computer viruses. This disclaimer is to the fullest extent permissible by law.
We cannot guarantee that the Services will be free of errors or interruptions, that any defects will be rectified, or that the Services or their hosting servers are devoid of harmful components, such as viruses. Your acknowledgment that using the Services is entirely at your own risk is important. We do not ensure that your utilization of the Services complies with the laws of any particular jurisdiction and explicitly disclaims all warranties to that effect. It's important to note that in certain jurisdictions, the disclaimer of implied or other warranties may be restricted or invalid, so the above disclaimer may not fully apply depending on the laws of your jurisdiction and how they apply to these Terms.
By utilizing or accessing the Services, you affirm and guarantee that your actions comply with the law in every jurisdiction where you access or use the Services.
12. Limitation of Liability; Waiver
To the maximum extent permissible by law, TheProudHindu.com shall not be held liable for any indirect, special, incidental, or consequential damages of any nature (including, but not limited to, loss of revenue, income, or profits, loss of data or use, devaluation of assets or securities, or business interruption) arising from or related to the access or utilization of the Services (including User Content and links to third-party websites), or the purchase, receipt, or use of any product or service. This limitation also extends to damages associated with these Terms (including any reliance on information obtained from us or events beyond our reasonable control), irrespective of the form of action, whether contractual, tortious (including negligence), or any other legal or equitable theory. This applies even if we have been advised of the potential for such damages and regardless of foreseeability.
To the maximum extent permitted by applicable law, TheProudHindu.com's total aggregate liability concerning the Services shall not surpass Five Thousand Indian Rupees (Rs 5000). These limitations will apply even if the remedies provided here fail in their essential purpose, and this constitutes our sole liability and obligation regarding this matter.
13. Termination
Regardless of the content within these Terms, we retain the right, at our sole discretion and without prior notice, to cease your access or use of the Services at any time and for any reason or without specifying a reason. You acknowledge and agree that in such a situation, we shall bear no liability or obligation towards you.
14. Governing Law and Jurisdiction
This Agreement shall be governed and interpreted in accordance with the laws of India. Furthermore, User agrees to abide by all local, state and national laws where applicable while serving in the capacity of Independent Contractor/ User to TheProudHindu.com.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Delhi, India. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
User and TheProudHindu.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between TheProudHindu.com and User relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
TheProudHindu.com’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TheProudHindu.com in writing.
15. Notice
Any notices, demands, or consents provided by you under these Terms must be in written form and shall be considered received upon delivery to the following contact: info@theproudhindu.com . Notices addressed to you may be sent through email or postal mail to the address in our records, or through posting on the Services. You consent that any notices, agreements, disclosures, or other communications electronically sent by us to you will meet all legal communication requirements, including, but not restricted to, the necessity for written communication.
16. Severability
Should any term, clause, or provision within these Terms be deemed invalid or unenforceable, such portion shall be separated from these Terms, and this separation shall not impact the validity or enforceability of the remaining part of that specific term, clause, or provision. Furthermore, it will not affect the validity or enforceability of any other term, clause, or provision within these Terms.
17. Procedure for Making Claims of Copyright Infringement
If you sincerely believe that any content on the Services violates your copyright, please furnish our copyright agent with the subsequent written details: (a) an electronic or physical signature of the individual authorized to represent the owner of the copyright interest; (b) a description of the copyrighted work you contend has been infringed; (c) specifics regarding the location of the material you assert is infringing on the Services; (d) your address, telephone number, and email address; (e) a declaration from you affirming your genuine belief that the contested use is not permitted by the copyright owner, its agent, or the law; and (f) a statement made by you, under penalty of perjury, confirming the accuracy of the notice's information and asserting that you are the copyright owner or possess authorization to act on the owner's behalf concerning an exclusive right purportedly violated.
TheProudHindu.com’s copyright agent for notice of claims of copyright infringement can be reached as follows:
TheProudHindu.com
info@theproudhindu.com
18. Miscellaneous
The Services are hosted in India. If you contact us from outside India, please note that any information you provide will be transferred to India, and by submitting information, you explicitly consent to this transfer. These Terms constitute the complete agreement between you and us regarding your use of the Services. They cannot be transferred or assigned by you without our prior written consent. No waiver of any provision in these Terms shall be deemed a waiver in any prior, concurrent, or subsequent circumstance. Our failure to enforce any right or provision under these Terms shall not be considered a waiver of such right or provision. These Terms are meant solely for the benefit of the involved parties and do not intend to confer any third-party beneficiary rights upon any other individual or entity unless otherwise specified herein.