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Terms of Service for www.barandbench.com

This document is an electronic contract between SAB Media Pvt. Ltd., an Indian company having its corporate offices at No.45, 2nd Floor Jubilee Building, Museum Road, Bangalore – 560025 and you,under the provisions of the Information Technology Act, 2000 and the relevant Rules framed thereunder.

These Terms of Service govern your use of the websites, content and community services offered through www.barandbench.com or Bar & Bench (“Site”). You (the user) agree to access "the site", subject to the terms and conditions of use as set out here.

Bar & Bench may add to or change or update these Terms of Service, from time to time entirely at its own discretion. You are responsible for checking these Terms of Service periodically to remain in compliance with these terms. Your use of the Site after any amendment to the Terms of Service shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

All rights reserved

Bar & Bench reserves the right to suspend / cancel, or discontinue any or all channels, products or 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. Such changes will be posted to www.barandbench.com for your reference and convenience so as to enable you to understand your responsibility as a user.

Charges
Effective August 15, 2013, an annual subscription fee (details provided on the Site, and they are subject to change periodically) shall be payable for accessing the full Site and its content. Some parts of the Site shall be available for access free of cost. One “Individual” subscription allows the user one set of login ID and password for his/her personal use. One “Institutional” subscription allows the user multiple sets of login ID and password for members of that institution.

This subscription fee is non-refundable under all circumstances. In the event of a change in the applicable taxes, the subscription fee shall be accordingly revised. The subscription fee payment may be made through any of the modes listed on the Site from time to time.

We will try to process your Subscription promptly but do not guarantee that your Premium Subscription access will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us when we have successfully verified your payment details, email address & other details, at which point we will provide you with access to your subscription. SAB Media reserves the right to reject any offer in its discretion, for any or no reason.

The company also reserves the right to change, modify the Individual or Institutional Subscription packages but the same would remain unchanged for the duration of the package an individual has signed up for. The company reserves the right to offer discount, reduce or increase the subscription amount at any time and the already signed up subscribers/users would be able to avail such change in price or discount only post expiry of their subscription, provided the said offers/discounts are still valid.

 

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 Bar & Bench, its parent, affiliates and associates 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 Bar & Bench. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.


Bar & Bench grants you permission to only access and make personal use of the Site and You agree not to download or modify/alter/change/amend/vary/transform/revise Bar & Bench’s Site, or any portion of it, except with the express consent of Bar & Bench.

Bar & Bench forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. No part of the Site may be reproduced or transmitted to or stored in any other web site, 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 Bar & Bench material for distribution should be addressed to Bar & Bench Syndication Services at

E-Mail – info@barandbench.com

Individual Registration, Access and Exchange of Information. For certain services such as email, personal web pages, contests and shopping, registration by the visitor is required. To register for these services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each Individual Subscription is for a single individual user only.
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:-
• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Bar & Bench as users of the Site; or
• Access through a single account and Password being made available to multiple users on a network unless in the case of an Institutional Subscription.

If Bar & Bench reasonably believe that an account and Password is being used / misused in any manner, Bar & Bench shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bar & Bench immediately of any unauthorized use of your account or any other breach of security. Bar & Bench will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by VC Circle or another party due to someone else using your account or password.

No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Bar & Bench’s server, or the network(s) connected to any Bar & Bench server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Material Posted/transmitted at Bar & Bench’s 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 Service and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, 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 Service, 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 Bar & Bench or its affiliates for all claims arising out of any content that you post on the Site.
Bar & Bench  accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the licensed property of Bar & Bench and you hereby grant to Bar & Bench 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.
 


Limitations of Liabilities
Any transactions relating to sale/purchase of goods or services not directly offered by Bar & Bench are to be settled inter-se between the parties to such transaction 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 Bar & Bench. Bar & Bench merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. Bar & Bench does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not Bar & Bench. Bar & Bench will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.
Under No circumstances will Bar & Bench 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 Bar & Bench is not responsible for any content sent using and/or included in Bar & Bench’s site/service by any third party.

Termination of Account
Bar & Bench  reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Bar & Bench ’s Web Sites; 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; Deactivate or delete your accounts and all related information and files in your account; 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 Service. Upon such termination or suspension, your right to use the Bar & Bench’s Web Sites will immediately cease.

User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. You agree to not use any product or the service available on a Site to:
(a) Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
(b) Upload, post, email, transmit or otherwise make available any viruses, trojan horses, time bombs, or any other harmful programs or elements.
(c) Harm minors in any way.
(d) 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
(e) Impersonate any person or entity, including, but not limited to, VC Circle’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
(g) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks
(h) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(i) Upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.
(j) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights ("Rights") of any party.
(k) 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.

No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Bar & Bench will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Bar & Bench for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Bar & Bench’s Web Sites.

We will be sending third party mailers occasionally on your email Ids submitted to us. If you are not interested in receiving it in future, you shall need to unsubscribe from the email database. Opting out of such e-mailers shall have no effect on your subscription.
 
Disclaimer of Warranties and Liability
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 without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
Bar & Bench and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Bar & Bench’s sites/services, with the delay or inability to use the Bar & Bench’s sites/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 Bar & Bench sites/services, or otherwise arising out of the use of the VC Circle sites/services) 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 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. No representations, warranties or guarantees whatsoever are made by Bar & Bench as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.

Links to Other Sites
Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain VC Circle’s-logo, please understand that it is independent from Bar & Bench, over whom Bar & Bench has no control or connection, business or otherwise as these sites are external to Bar & Bench. You agree and understand that by visiting such sites you are beyond the Bar & Bench’s website. Bar & Bench , 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 be 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. Bar & Bench gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. VC Circle 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. Bar & Bench accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Bar & Bench against all third party claims, demands and actions brought against Bar & Bench 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 Bar & Bench 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 Bar & Bench 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. Bar & Bench 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-Bar & Bench advertisers on the Website. Bar & Bench 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.

Data Protection
Bar & Bench 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, Bar & Bench reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Bar & Bench.
Further, Bar & Bench  can (and you authorize Bar & Bench  to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights 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.

Relationship
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Bar & Bench and you shall have no authority to bind Bar & Bench in any manner, whatsoever.

Force Majeure
Bar & Bench shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law
The Agreement shall be governed by the Laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes 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.

Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.

Limited time to bring your claim
You and Bar & Bench  agree that any cause of action arising out of or related to the Bar & Bench’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

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.

Notice of Copyright Infringement
Bar & Bench 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. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
(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.

All notices of copyright infringement should be sent to:
info@barandbench.com

Copyright ©2009-2013 Bar & Bench. All rights reserved.

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