Terms of Use
Marksmen Daily is a web site owned by Team Marksmen Network Pvt Ltd (the “Company”). These Terms of Use (“Terms / Terms of Use”) govern your use of the website and content offered through www.marksmendaily.com (“Site”) and any mobile or internet connected device or otherwise. You are invited to submit articles, post comments, sign up to receive newsletters and RSS feeds, and visit the Site. By using the Site, you expressly acknowledge and agree that any use of the Site will be in accordance with these Terms of Use. These Terms of Use constitute a legally binding agreement between you and the Company regarding your use of the Site and any services offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the “the Service”). By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by these Terms. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account . You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number. Definition of “User” or “You”: this means any person who accesses or avails this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company. If you do not agree to be bound by these Terms of Use, you may not use the Site. The Company reserves the right to modify, add to, change, update or amend these Terms of Use at any time, at its sole discretion. You are responsible for checking these Terms of Use periodically to remain in compliance. By continuing to access the Site after any amendment to the Terms of Use, you convey your acceptance of these Terms and you also agree to be bound by any such changes/amendments.
CHANGES
The Company reserves the right to suspend / cancel, or discontinue this Site and Services at any time without notice, make modifications and alterations in any or all of the content contained on the Site without prior notice.
Grievance Redressal Mechanism Grievance Redressal Mechanism: Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to the Grievance Redressal Officer, at contact@teammarksmen.com (“Grievance Redressal Officer”).
Grievance Redressal Officer www.marksmendaily.com Name : Marksmen Daily Email : contact@teammarksmen.com 802 Quantum Tower, Ram Baug Rd, behind SBI Bank, Malad West, Mumbai, Maharashtra 400064
OUR FACTS, OPINIONS, ANALYSES, OR PREDICTIONS MAY BE WRONG
The content of the Site is offered for general information, discussion, and entertainment purposes only. Some of the content is unmoderated by the Site and reflects the personal opinions of the posters. You agree to use your discretion in accessing any information on the Site.
COPYRIGHT AND TRADEMARKS OWNERSHIP
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of the Company, its affiliates and / or business partners, and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company, its affiliates and/ or business partners; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
LICENSES
In consideration for your agreement to these Terms of Use, the Company grants you a personal, non exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. The burden of determining that use of any information obtained from the Site is permissible rests with you. You agree not to directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on the Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of the Company. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use. The Company forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any descriptions or content; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site. No part of this Site may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish Company’s material for distribution should be addressed to contact@teammarksmen.com. By posting to or otherwise engaging in any communication within the Site, you are granting the Site (or any of its assignees) a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such information.
UNAUTHORISED USE AND PROHIBITED ACTIVITIES
Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that — a) belongs to another person and to which you do not have any right to; b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; c) harm children in any way; d) infringes any patent, trademark, copyright or other proprietary rights; e) violates any law for the time being in force; f) deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; g) impersonate another person h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; or j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. Any Content uploaded by you shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you, subject to storage post removal as required under applicable laws, and shall further have the right to take recourse to such remedies as would be available to the Company under the Indian laws. Additionally, unlawful messages will be removed on being notified by a government agency or by an order of any court.
DO NOT VIOLATE POSTING OR COMMENTING RULES
You are responsible for your own postings and agree to access and use the Site at your own risk on an as-is basis. Your postings should be truthful and accurate. Do not make postings that involve the following: · Securities for sale, barter, or exchange · Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others. · Illegal activities. · Impersonation of any person or entity, or falsely states or misrepresents your affiliation with a person or entity. · Infringement of another’s intellectual property, including, but not limited to, trade secrets, trademarks and copyrights of any type. · Obscene, vulgar, bigoted, hateful, or racially offensive language or images. · Commercial advertising. · Gambling, contests, chain letters, “pyramid schemes,” or “multi-level marketing” schemes. · Violations of any applicable local, state, national, or international law in connection with your use of the Site. This includes securities laws and regulations. · Comments personally attacking the author of a post. Additionally, you further concur that you will not, through Site/Service: a) post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component; b) delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; c) not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to Company’s server, or the network(s), computer systems / resource connected to any Company server, or interfere with any other party’s use and enjoyment of the Site/Service; d) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service; e). impersonate any person or entity, including, but not limited to, Company’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; f). take any action which encourages or consists of any threat of harm of any kind to any person or property; g) carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or; h). make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum; i). use the Site/Service for illegal purposes; j). disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Company website or the website of any Company’s customer; k). transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.; l). collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter; m). engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; n). forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site. o). upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation. p). encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or q). make any representation or warranty on behalf of the Company You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (i) infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (iii) any confidentiality obligation. Furthermore, you agree that, if a third party claims that any material you have contributed to the Site is unlawful, you will bear the full burden of establishing that the material complies with all applicable laws. The Site reserves the right to edit, delete, or hide comments.
MATERIAL POSTED/TRANSMITTED ON THE SITE
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images. You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify the Company or its affiliates and / or business partners for all claims arising out of any content that you post on the Site. The Company accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of the Company and you agree to grant/assign to the Company and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Links to Other Sites All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including when certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Company’s-logo, please understand that it is independent from the Company, over whom the Company has no control or connection, business or otherwise as these sites are external to the Company. You agree and understand that by visiting such sites you are beyond the Company’s website. The Company, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may have incurred by your visit and/or transaction/s on these site(s), as the same is provided on “as is” without warranty of any kind. The Company gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. The Company shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
MATERIAL SUBMITTED BY USERS
Certain elements of the Site will contain material submitted by users. The Company accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless the Company, its affiliate and / or business partners against all third party claims, demands and actions brought against such parties which arises from or relates to the material submitted by you.
ADVERTISING MATERIAL
Part of the Site contains advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than the Company found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. The Company will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the website. The Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.
DISCLOSURE POLICY
The Site reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Site may also edit, refuse to post, or remove any posting at the Site’s sole discretion. The Site reserves the right to restrict access by any users whom the Site believes, in its sole discretion, are engaged in inappropriate, unprofessional, or unlawful conduct.The Site reserves the right to remove content which, in its sole discretion, violates any of the rules set forth herein of which it becomes aware, but is under no obligation to do so. If you are offended by any content of the Site, stop using the Site.
DISCLAIMER
The Site includes unmoderated information containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Site or any or any Site-affiliated person or entity. Neither the content of the Site, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by the Site or any Site-affiliated person or entity. The Site and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or non- infringement. The Site does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk. The Company, its parent, affiliates, associates and business partners shall not liable, at any time, for any direct, indirect, punitive, incidental, special, consequential loss or damages (including, but not limited to, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use or data, arising out of or in any way connected with the use or performance of the Site/Services, delay or inability to use the Site/Services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site/Services, or otherwise arising out of the use of the Site/Service) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions as a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Site, shutting down of the whole or part of the Indiatimes Mail Services that might result in any loss of information, non-retrieval or loss of data, or arising out of the inability to use any services, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Site or any links; to your placement of content on the Site; or to your reliance upon information obtained from or through the Site or through links contained on the Site. The Site is not an intermediary, broker/dealer, investment advisor, or exchange and does not provide services as such.
DATA PROTECTION
The Company may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, the Company reserves the right to disclose any information in response to / that it is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. Further, the Company can (and you authorize the Company to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
INDEMNIFICATION
You agree to indemnify and hold the Company, its affiliates and business partners, the Site and any Site affiliated person or entity from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Site or your placement of any content onto the Site, and to fully cooperate in the Site’s or or any Site-affiliated person’s or entity’s defense against any such claims. LIMITATION OF LIABILITIES Under no circumstances will the Company be held responsible or liable, in any way, for any content which in legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Company is not responsible for any content sent using and/or included in Company’s site/service by any third party.
TERMINATION OF ACCOUNT
Company reserves its right to refuse Service, restrict, suspend the Site, (Terminate this Agreement; Terminate or suspend your access to this Site; Refuse, move or remove for any reason any Content / Image that you submit on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use this site will immediately cease.
RELATIONSHIP
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind the Company in any manner, whatsoever.
FORCE MAJEURE
The Company shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
LIMITED TIME TO BRING YOUR CLAIM
You and the Company agree that any cause of action arising out of or related to the Company’s websites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
CHOICE OF LAW AND FORUM
You agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of India . You further consent to the exclusive jurisdiction of the Courts of Law at Mumbai as the legal forum for any such dispute.
ACCEPTANCE OF PRIVACY POLICY
By using the Site and Services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Site and Services. We reserve the right, to modify this Privacy Statement at any time.
GENERAL TERMS
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
INTEGRATION
These Terms of Use constitute the entire agreement between you and the Site and any Site-affiliated persons or parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
NOTICE OF COPYRIGHT INFRINGEMENT
The Company is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact us at contact@teammarksmen.com.
We request you to please provide the following information in your complaint:- (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. (b) Identification of the copyrighted work claimed to have been infringed. (c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. (d) The address, telephone number or e-mail address of the complaining party. (e)A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. (f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
