Terms of Use
Following are the terms and conditions for using the website www.mohitbhardwaj.com. The
user shall have deemed to accept the same, whether he reads it or not. You are therefore
requested to read them carefully before you use the services of this site.
1. Applicability and Binding Effect of Terms of Use
1.1 By accessing this Web Site viz: www.mohitbhardwaj.com (referred to as "Web Site"),
including without limitation all the web pages, products, services, features, text,
contents, designs, lay out, interface, colour schemes / patterns, pictures, images, files,
data, video, audio, information, links, URLs, Trademarks, service marks, Trade-names,
logos, downloadable material or any other contents and material appearing, displayed,
featured and/or uploaded on the Web Site (collectively referred to as "Material/s"), or the
Material on the web site/s for which link is provided on this Web Site or led from this Web
Site, You (i.e. browser/user of this Web Site) bind Yourself to the terms and conditions
("Terms of Use") set forth herein below. You declare and undertake to unconditionally abide
by the terms and conditions herein. In case You do not agree to any of these terms and
conditions, You shall neither use the Web Site nor use / download Materials from the Web
Site.
1.2 Please proceed only if You accept all the conditions enumerated herein
above, out of Your free will and consent.
2. Ownership of Web Site and Material
2.1 This Web Site is created and owned by Mohit Bhardwaj ("Mohit Bhardwaj"),
and may be used for legitimate purposes only.
2.2 This Web Site, including all Materials, but excluding any Material owned
by third party/ies ("Third Party Material"), is the ownership and property of Mohit
Bhardwaj. Entire copyright in the Web Site and Material, except in Third Party Material, is
owned by Mohit Bhardwaj only, whether or not specifically mentioned or marked on the Web
Site and/or Material.
2.3 Mohit Bhardwaj is a service mark / trademark / trade name of Mohit
Bhardwaj. This service mark / trademark / trade name may not be used in any manner without
prior written consent from Mohit Bhardwaj.
2.4 The contents of this Web Site and/or Material shall not be, directly or
indirectly, reproduced, copied, modified, republished, transmitted, posted, uploaded,
distributed or published in any manner, in whole or in part by You or any other person
claiming through You, for any purpose without the prior written approval of Mohit Bhardwaj.
Any use or copying of any contents of the Web Site or the Material without the due and
specific permission or authorization from Mohit Bhardwaj; or in case of Third Party
Material, of such Third Party, shall be deemed as unauthorized use and infringement of
Intellectual Property Rights ("IPRs") of Mohit Bhardwaj, including infringement or
violation of copyright of Mohit Bhardwaj. In any such event, Mohit Bhardwaj is entitled,
and You are liable for any appropriate legal action in this behalf, including criminal
and/or civil penalties.
2.5 You specifically agree that Mohit Bhardwaj shall not be responsible for
unauthorized use, access to, alteration or transmissions of data, any Material or data sent
or received or not sent or received, or any transactions entered into through this Web
Site.
2.6 Mohit Bhardwaj does not grant any express or implied rights under any
patents, trademarks, service marks, copyrights, trade secret information or any other IPR
laws.
3. Changes in Terms of Use
3.1 Mohit Bhardwaj reserves the right to revise the any or all the Terms of
Use mentioned herein at any time without any prior notice; and such revised Terms of Use
shall become effective from the date on which the same are uploaded on the Web Site,
whether or not You are aware of the same. Specific areas of the Web Site may have different
terms of use posted specifically on such specific areas. In case of a conflict between
these Terms of Use and terms of use posted on for a specific area of the Web Site, the
latter shall prevail for the purpose of Your use of that area of the Web Site.
3.2 While the Web Site may be updated with changes periodically, Mohit
Bhardwaj does not guarantee that this Web Site reflects the latest amendments / information
at all times or at any time.
4. Limited License & Use of Web Site
4.1 Subject to the Terms of Use, Mohit Bhardwaj grants You a non-exclusive,
non-transferable, revocable, limited right to access this Web Site and the Materials
thereon. All Third Party Material is subject to third party license terms and conditions,
if any.
4.2 While using or browsing this Web Site, You agree not to:
a. Interrupt or attempt to interrupt the operation of the Web Site in any way;
b. Intrude or attempt to intrude into the Web Site in any way;
c. Introduce any virus; prohibited items; destructive material; or any other Contaminant on
the Web Site or in the Material / Third Party Material;
d. Post any obscene, defamatory or annoying materials on the Web Site;
e. Obscure any materials, including this notice, already posted on the Web Site;
f. Use the Web Site or any Material thereof to defame, intimidate, annoy or otherwise cause
nuisance or breach the rights of any person;
4.3 Mohit Bhardwaj authorizes You to view and download the Materials on this
Web site only for personal and non-commercial use. By way of such authorization, Mohit
Bhardwaj does not have any intention to, and nor does it in any manner amount to transfer
of title or assignment of any rights of Mohit Bhardwaj in the Web Site and/or Material and
copies of the Material and is subject to the following restrictions. You will:
a. Retain on Material and/or copies of the Materials downloaded from the Web Site, any
copyright; trademarks; service marks; and other proprietary notices contained in the
Materials;
b. Not modify the Materials in any way nor reproduce or display, perform, or distribute or
otherwise use them for any public or commercial purpose;
c. Not transfer the Materials to any other person unless You give them notice of, and they
agree to accept, the obligations arising under these Terms of Use. You agree to abide by
all additional restrictions displayed on the Web Site as it may be updated from time to
time. You agree to comply with all copyright laws worldwide in Your use of this Web Site
and to prevent any unauthorized copying of the Material. Except as expressly provided
herein, Mohit Bhardwaj does not grant any express or implied right to You under any
patents, trademarks, service marks, copyrights or trade secret information.
4.4 The Web Site will not be used in any way that is in any way unlawful or
in any way that would harm or damage Mohit Bhardwaj.
4.5 You may visit the Web Site without any prior intimation to Mohit
Bhardwaj. However, in certain circumstances, Mohit Bhardwaj requires the You to disclose
Your identity. In such situation, You may be required to reveal Your true and correct
identity.
4.6 Mohit Bhardwaj may terminate Your access at any time for any reason
without giving any notice or intimation to You. The provisions regarding disclaimer of
warranty, accuracy of information and indemnification shall survive such termination. Mohit
Bhardwaj may at its sole discretion and without disclosing to You, monitor access to the
Web Site.
4.7 Mohit Bhardwaj may, without any notice or intimation to that effect,
change or discontinue any aspect of the Web Site at any time, including any Material or
Third Party Material. Such changes shall be effective immediately with or without any
notice, which may or may not be placed on the Web Site, at the sole discretion of Mohit
Bhardwaj.
5. No Warranties & Indemnification
5.1 Mohit Bhardwaj makes no warranty that: (a) the Web Site will meet Your
requirements; (b) the Web Site will be available on an uninterrupted, timely, secure, or
error-free basis; (c) the results that may be obtained from the use of the Web Site or any
services offered through the Web Site will be accurate or reliable.
5.2 In no case shall Mohit Bhardwaj be liable to any person or entity for
any damages or losses resulting either directly or indirectly from accessing this Web Site,
with or without permission of Mohit Bhardwaj. The information provided herein and any
communications subsequently entertained or responded to are / shall be gratis and are /
shall be outside the purview of any consumer protection law. Any recipient or user of any
information or material in this Web Site may use / rely upon the information or material
entirely at his / her / its own risk. The entire risk as to satisfactory quality,
performance, accuracy, and effort is solely with You.
5.3 Mohit Bhardwaj shall have no responsibility for any damage to Your
computer system or loss of data that results from the download of any content, Material,
information from the Web Site.
5.4 Under no circumstances, including but not limited to negligence, shall
Mohit Bhardwaj be liable for any special or consequential damages including but not limited
to, damages for loss of profits, business interruption, and loss of programs and
information) that are alleged to have resulted from the use and / or inability to use this
Web site or Material (including Third Party Material), even if Mohit Bhardwaj has been
notified of the possibilities of potential damages or losses.
5.5 You agree to indemnify, defend and hold Mohit Bhardwaj harmless from and
against all losses, expenses, damages and costs, including reasonable attorneys' fees,
arising out of or relating to any misuse or unauthorized use of this Web Site and Material,
and also for breach of any of the terms and conditions hereof.
6. Privacy Policy
Your right to privacy is of paramount importance to Mohit Bhardwaj. Any
information provided by You will be treated as Confidential Information and will be subject
to Confidentiality obligations provided herein. Mohit Bhardwaj reserves the right to use
the information to provide You a more personalized online experience. Detailed Privacy
Policy in respect of Your information is available at Privacy Policy
7. Applicable Law and Jurisdiction
These Terms of Use are governed by and subject to the laws of India and the
courts in Mumbai, India shall have the exclusive jurisdiction on any dispute that may arise
out of the use of this site. You accept the applicability of the Indian laws and
jurisdiction of courts at Mumbai, India only, by accessing, using or browsing the Web Site
without giving effect to any conflict of laws provision.
8. International Users and Choice of Law
This Web Site is controlled, operated and administered by Mohit Bhardwaj from
India. Mohit Bhardwaj makes no representation that Material at this site are appropriate or
available for use at other locations outside of India and access to them from territories
where their contents are illegal is prohibited. You may not use the Web Site or export the
Material in violation of any applicable export laws and regulations. If You access this Web
Site from a location outside of India, You only, and not Mohit Bhardwaj, are responsible
for compliance with all local laws.
9. Miscellaneous
These Terms of Use constitutes the entire agreement between Mohit Bhardwaj
and You with respect to Your use of the Web Site. Any cause of action You may have with
respect to Your use of the Web Site must be commenced within one (1) year after the claim
or cause of action arises. If for any reason a court of competent jurisdiction finds any
provision of these Terms of Use or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent of these
Terms of Use, and the remainder of these Terms of Use shall continue in full force and
effect.
10. IP Logging
In addition to data entered intentionally by the user, MohitBhardwaj.com record the IP Number (Internet protocol address) of each new member. .