Ekalavyas grants you a limited license to access and make personal use of this Site but not for commercial purposes. We permit the use of materials on the Site subject to due credit is given to Ekalavyas. The use shall also be subject to non-commercial use and limited to personal or academic dissemination (including on social media and use on all kinds of media). Copyright should be acknowledged. Such use should not infringe on the Intellectual Property Rights of any person. When using material on this website, proper attribution to authors and/or copyright holders must be given. User is granted a limited, revocable and non-exclusive right to create hyperlinks to the home page or any other page of the Site so long as any of these links do not portray Ekalavyas or their services in a false, misleading, derogatory or offensive manner. You may not use Ekalavyas’ logos or proprietary graphics or trademarks as part of the link without express permission.
For the purposes of this User Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos & service marks (“Marks“) displayed on the Site are the property of Ekalavyas & other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Ekalavyas or such third party that may own the Marks. All information & content on the Site (“Content“) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
- NO WARRANTIES
ALL CONTENT ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. EKALAVYAS DOES NOT ENDORSE & IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN EKALAVYAS, OTHER THAN AS REQUIRED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCE WILL EKALAVYAS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON/THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE OR OTHER CONTENT.
- LIMITATION OF LIABILITY
Ekalavyas specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, (even if Ekalavyas has been advised of the possibility of such damages) including liability associated with any viruses which may infect a user’s computer equipment.
Users are invited to submit comments, questions, ideas, reviews or any other information concerning Ekalavyas and the Site’s contents, provided they understand that such comments will be subject to moderation & Ekalavyas reserves the right to remove or edit such content. All such submissions should not be illegal, obscene, threatening, defamatory or infringing on privacy or on intellectual property rights of others.
- CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law Ekalavyas will maintain the confidentiality of all user communications which contain personal user information & which are transmitted directly to Ekalavyas. Postings by a user on any message board or in any chat room will not be protected as confidential & Ekalavyas may use & provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to Ekalavyas for any purpose whatsoever & as deemed appropriate by Ekalavyas.
- LINKED INTERNET SITES
Ekalavyas prohibits caching, unauthorized hypertext links to the Site & the framing of any Content available through the Site. Ekalavyas reserves the right to disable any unauthorized links or frames & specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk.
Ekalavyas is under no obligation to review any messages, information or content (“Postings“) posted on the Site by users & assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Ekalavyas may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; or (ii) advertisements or solicitations of any kind; or (iii) messages posted by users impersonating others; or (iv) personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; or (v) messages that offer unauthorized downloads of any copyrighted or private information; or (vi) chain letters /mails of any kind.
- DELAYS IN SERVICES
Ekalavyas (including its and their partners, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Ekalavyas shall have no responsibility to provide you access to Ekalavyas.com while interruption of Ekalavyas.com due to any such cause continues.
You shall indemnify, defend and hold harmless Ekalavyas (including its officers, partners, employees, affiliates, group companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of the Site; (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to user’s receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
- VIOLATION OF RULES AND REGULATIONS
Ekalavyas reserves the right to seek all remedies available at law & in equity for violations of this User Agreement, including the right to block access from a particular Internet Service Provider address to the Site.
- ACCESS TO PASSWORD PROTECTED/ SECURE AREAS
Access to & use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Any dispute arising out of or in connection with this agreement, including any question regarding its existence, amendment, validity or termination, shall be referred to & finally resolved by arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996. The tribunal shall consist of one (1) arbitrator to be appointed by Ekalavyas. The seat of arbitration shall be in New Delhi, India & the language of the arbitration proceedings shall be English.
- GOVERNING LAW AND JURISDICTION
This agreement shall be governed by & construed in accordance with the laws of India. User access to & use of the Site is subject to all applicable laws. In respect of all matters/disputes arising out of, in connection with or in relation to this agreement, only the civil courts at New Delhi, India shall have jurisdiction.
- CONFLICTING TERMS
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents are prior to or subsequent to this User Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of Ekalavyas.