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Welcome to our Site “SPARKKIDS.EDUSHARE.IN”. These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and tablets. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site. You should not visit or use the Site unless you agree with the below stated terms and conditions.
The domain name “EDUSHARE.IN” and its sub-domains like “SPARKKIDS.EDUSHARE.IN” (hereinafter referred to as "Website") is owned by EDUSHARE PUBLICATIONS LLP, a company incorporated under the Limited Liability Partnership Act, 2008, India (hereinafter referred to as “Edushare”).
Edushare reserves the right to change these terms and conditions and/or discontinue the Site at any time without assigning any reasons.
Use of this site
1. Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.
- 2. Edushare may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms.
- 3. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Content and functionality of the site
- 4. Edushare may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, Edushare will not be liable to any User or to any third party should it exercise such rights.
- 5. In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and Edushare will have no liability to you in such circumstances subject to the remainder of these terms.
- 6. All intellectual property in relation to content on this Site belongs to Edushare or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Indian and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- 8. The logos of the Site are trademarks of Edushare or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability & Indemnity
- 9. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Website or their breach of the terms.
- 10. Edushare does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at Edushare’ sole discretion and without notice.
- 11. Edushare will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
- 12. Edushare does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that Edushare or the server that makes it available, are free of viruses or bugs.
- 13. User agrees that neither Edushare nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Edushare has been advised of the possibility of such damages.
- 14. User further agrees that Edushare shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
- 15. User agrees that Edushare shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Edushare’ total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Edushare, if any, that is related to the cause of action.
- 16. Where permitted under local law, liability of Edushare, for any breach of a term or condition implied by law is limited at Edushare’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, Edushare cannot limit its liability in this manner if you establish that it would not be fair or reasonable for Edushare to do so.
Third Party Content & Links
- 17. This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that content.
- 18. This Site may include links to third party sites (“Linked Sites”) which are not related to Edushare and in relation to which Edushare has no control or interest. The Linked Sites are for your convenience only and you access them at your own risk. The appearance of those links on this Site does not indicate any relationship between Edushare and that third party or any endorsement by Edushare of that third party, its site or the products or services which it is advertising.
- 19. When you submit content to Edushare in any format, including any text, photographs, graphics, video or audio, you grant Edushare a non-exclusive, royalty-free, perpetual license to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
- 21. Edushare reserves the right not to use the content you submit.
- 22. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
- 23. You indemnify Edushare against any and all legal fees, damages and other expenses that may be incurred by Edushare as a result of a breach of the above warranty.
- 24. You waive any moral rights in your contribution for the purposes of its submission to and use by Edushare in accordance with these terms.
- 25. Users must not use this site for any purpose or in any way which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous and invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable.
- 26. These terms shall be governed by and interpreted in accordance with the laws of Delhi, India, without regard to its conflict of law provisions.