Being allowed access to Optimal Media Solutions Ltd’s (OMS) website, you enter into the OMS Online user agreement on the terms and conditions set out below. This Agreement is for an indefinite term. Subject to the terms contained herein, either party can terminate this agreement for any reason provided that such termination shall be conditional upon, including but not limited to, discharge of all contractual and statutory obligations. Any unauthorized use of the OMS site may result in termination of all rights to use the Site and penalties to the full extent provided by law.
RIGHTS RESERVED / CHANGE IN TERMS
Any rights not expressly granted herein are reserved. OMS reserves the right to make changes to these terms and conditions at any time and for any reason by posting a notice on the Site home page.
We reserve the right to add to or change/modify the terms of this Agreement. Any changes will be posted on the site and it is the user’s responsibility to refer to the terms of accessing this service. Changes could be made by us after the first posting to the Site and you. Your continued use of the Site after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions.
This Site reserves the right to modify, suspend/cancel, or discontinue any or all service at any time without notice , make modifications and alterations in any or all of the content , products and services contained on the site without prior notice.
COPYRIGHT AND TRADEMARKS
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 Optimal Media Solutions Ltd, its parent, affiliates and associates and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
ACCURACY AND WARRANTY
The ‘content’ contained or displayed on, distributed through, or linked, downloaded or accessed from ‘the site’, are provided on "as is where is" and "as available" basis and without warranties of any kind either express or implied. OMS does not warrant or make any representations regarding the use or the results of the use of the ‘content’ in terms of their correctness, accuracy, reliability, or otherwise. To the fullest extent permissable pursuant to applicable law, OMS disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. OMS does not warrant that the functions contained in the ‘content’ will be uninterrupted or error-free, that defects will be corrected, or that the ‘content’, ‘the site’ or the server that makes them available are free of viruses or other harmful components. You (and not OMS) assume the entire cost of all necessary servicing, repair and correction.
Members/Users of OMS Online are solely responsible for the facts and accuracy of all information submitted by them for transmission by OMS Online. The only responsibility of OMS Online shall be to use its reasonable efforts to correct any error of fact, timing or omission brought to its attention. OMS Online reserves the right to reject copy when necessary in its judgment.
PAYMENT AND TAXES
The paid users will be able to access the site subject to payment of the prescribed membership fees. The Pay ID and the password would be generated for the paid users subsequent to the realization of the payment made. All taxes, duties and levies imposed by governmental, quasi-governmental or any other statutory or non-statutory authorities shall be borne by the User.
PROHIBITION
All other uses of OMS Online’s daily news release file, including but not limited to any electronic redistribution or database storage and retrieval -- whether or not for resale -- in full, in part, in full text or in abstract, is prohibited without the express written consent of OMS.
INQUIRIES
Inquiries concerning the use of OMS Online text, photos, video, audio and other content should be addressed to medianetweb@timesgroup.com
LIABILTY FOR LOSS
Under no circumstances, including, but not limited to, negligence, errors or omissions, shall OMS be liable for any direct, indirect, punitive, exemplary, special or consequential damages, including, but not limited to, damages for loss of revenue or profits, goodwill, use, data or other intangible losses, that result from the use of, or the inability to use, ‘the site’ or ‘content’ or portion thereof, even if OMS or its representative has been advised of the possibility of such damages.
LIMITED PERMISSION TO COPY
Users are permitted to print or download extracts of content from this website for their own personal and non-commercial use only.
Any copy of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. User 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. Republication or redistribution of OMS’s online content, including by framing or similar means, is expressly prohibited without the prior written consent of OMS. Requests to republish or redistribute OMS Online’s material for distribution should be addressed to medianetweb@timesgroup.com
INDIVIDUAL REGISTRATION, ACCESS AND EXCHANGE OF INFORMATION
For making use of the services and accessing OMS site registration is mandatory. By registering, you agree to the laid down terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. To access these services, you will be asked to enter your individual Pay Id and Password. Therefore, we do not permit any of the following:
• Any other person sharing your Pay Id and Password.
• Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with OMS online as user of the Site.
• Access through a single Pay Id and Password being made available to multiple users on a network. If we reasonably believe that a Pay Id and Password are being used in any of these ways, we reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
User agrees that OMS may at its sole discretion block IP address at any time thereby disallowing Users continued use of OMS’s website.
RESPONSIBILITY
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly or privately transmitted/posted, is the sole responsibility of the person/company from where such content originated.
You shall be solely responsible for all content that you upload, post or otherwise transmit. OMS Online does not control the content posted and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using such services, you may be exposed to objectionable matter. Under no circumstances will OMS Online be liable in any way for any content, including, but not limited to, 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, uploaded on this site.
You may not send, submit, post, or otherwise transmit any messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site, or other users ability to engage in real time exchanges.
OMS Online shall at its sole discretion terminate your account without any prior notice for any violation of the Terms of Use.
RIGHT TO USE BY OMS
In consideration of OMSs continuing efforts to enhance and improve ‘Content’, and to respond to feedback from YOU, YOU unequivocally and unconditionally agree to transfer all rights relating to YOUR Submission to OMS on a global non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable basis. In this and all situations, OMS will have rights to use, reproduce, modify, alter, adapt, publish, translate, create derivative works from, distribute, and display without limitation, YOUR Submission or part thereof throughout the world in any media, and to authorize others to do the same. YOU grant OMS and its affiliates and sub-licensees, the right to use the name(s) that YOU submit in connection with YOUR Submission, if they choose. YOU agree without any pecuniary consideration, to execute any and all documents that OMS may reasonably request in connection with confirming OMS s ownership of and unlimited right to use YOUR Submission. In case YOU refuse to execute such documents, it would not affect in any way whatsoever, OMSs rights, title and interest over YOUR Submission.
Certain services are only a venue for persons to interact and exchange views with each other. Any transaction relating to sale/purchase of goods or services offered are to be settled between the parties and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by this site. This site is not involved in any way in the actual transactions between the buyers and sellers.
INDEMNIFICATION
You agree to indemnify and hold harmless OMS its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any transaction done on or through this site.
ADVERTISING MATERIAL
Part of the Site will contain advertising and other material submitted on OMS Online by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and National law. OMS Online will not be responsible for any advertisers claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisement on the Site will be subject to OMS’s terms and conditions which are available on request
FORCE MAJEURE
OMS Online shall have no liability to the User for any interruption or delay in access to the Site irrespective of the cause.
OMS Online shall not be liable to pay for any damages or delay or default in its respective obligations, if such delay or default is caused by conditions beyond its control resulting in work stoppage.
DISPUTE RESOLUTION AND JURISDICTION/ Indian Law
If any dispute arises in connection with the validity, interpretation, implementation or alleged material breach of any provision parties shall endeavor to settle such dispute amicably. In case of failure by the Parties to resolve the dispute in the manner set out above within 30 days from the date when the dispute arose, the dispute shall be referred to arbitration of a sole arbitrator to be appointed by the parties or in case of disagreement as to the appointment of the sole arbitrator to a panel of arbitrators with each Party nominating one arbitrator and the arbitrators so appointed appointing one arbitrator. The place of the arbitration shall be at New Delhi. The arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996 and shall be in the English language.
The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any dispute arising under this agreement.
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.
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SUBSCRIPTION
By subscribing to any of the OMS Online services the user agrees to receive all information including advertising messages sent out by OMS Online or its clients. The subscriber though will be provided with an option to opt out of receiving these messages through links on these advertising messages.