IP Primer – Terms and Conditions of Use

Terms of Use

Usage of this website, Intellectual Property Primer (IP Primer) accessible at www.intellectualpropertyprimer.com by you is subject to your strict compliance with these terms of use. This policy is framed to serve those people who at their own will access the contents of this website. It is recommended to read our terms of use carefully so as to get a clear understanding on your roles and responsibilities while accessing the contents of IP Primer.

BY ACCESSING THE CONTENTS OF IP PRIMER, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN BELOW. IF THE TERMS AND CONDITIONS AS MENTIONED HERE ARE NOT ACCEPTABLE TO YOU, THEN YOU MAY NOT ACCESS THE CONTENTS OF THIS WEBSITE. IP PRIMER MAY MODIFY THESE TERMS AT ANY TIME AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON ITS PUBLICATION IN THIS WEBSITE. IT SHALL BE YOUR DUTY TO REVIEW THESE TERMS FROM TIME TO TIME AND TO STRICTLY COMPLY WITH THE SAME. YOUR ACCESS OR USE TO IP PRIMER SHALL BE DEEMED TO BE YOUR IRREFUTABLE ACCEPTANCE OF THESE TERMS OR ITS MODIFICATION.

Age of Consent

By accessing IP Primer, user hereby confirms that, he/she has attained the age of majority so as to access/use internet in their respective countries. In case of minors it is presumed that, User (minor) has obtained permission to access internet and thereby the site OR they are accessing this site in the presence of their parents.

Content

  1. All the contents published here inIP Primerare 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 IP Primer is/are the personal opinion of such experts/consultants/persons and are not subscribed to IP Primer.
  2. IP Primershall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) 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 as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
  3. Certain links on IP Primer may lead to resources located on servers maintained by third parties over whom IP Primer has no control or connection, business or otherwise as these sites are external to IP Primer you agree and understand that by visiting such sites you are beyond IP Primer. IP Primer neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability 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 sites

You agree to use IP Primer only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the content of IP Primer. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site. You are free to copy, distribute, transmit and adapt the work subject to the Creative Commons License adopted by IP Primer.

You agree not to use the services of IP Primer to:

  1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  2. Harm minors in any way.
  3. Impersonate any person or entity, including, but not limited to, a www.intellectualpropertyprimer.com’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.
  5. 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).
  6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Disclaimer of Liability

  1. IP Primerdoes not accept any responsibility for any statement in the material. You must not rely on any statement we have published on the Site without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.
  2. We give no warranties of any kind and without any representations for material-information, names, images, pictures, logos and icons-found in the Site.
  3. You can access other sites via links from the Site. These sites are not under our control and we are not responsible in any way for any of their contents.
  4. IP Primeris not liable for any of the following losses or damages (whether such losses where foreseen, foreseeable, known or otherwise):
    1. loss of data;
    2. loss of revenue or anticipated profits;
    3. loss of business;
    4. loss of opportunity;
    5. loss of goodwill or injury to reputation;
    6. losses suffered by third parties; or
    7. any indirect, consequential, special or exemplary damages arising from the use of www.intellectualpropertyprimer.com regardless of the form of action.

You must take your own precaution in this respect, as we accept no responsibility for any infection by virus, by other contamination or by anything that has destructive properties.

Charges

IP Primer reserves its right to charge subscription and/or membership fees in respect of any part, aspect of this Site upon reasonable prior notice.

Text Submission to the Site

Users of IP Primer may submit material for publication, which also includes by way of comments in various parts of IP Primer. We accept no liability with respect to any material submitted by users and published by us and we are not responsible for its content and accuracy. If you want to submit material to us for publication on IP Primer, you may do so on the following terms and conditions:

  1. Publication of any material you submit to us will be at your sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication;
  2. You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including, without limitation, print and electronic format;
  3. You declare to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights;
  4. You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal;
  5. You agree not to post material including spamming which is deliberately intended to upset other users;
  6. You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses;
  7. We reserve the right to remove your access to individual services if we believe you are abusing the services in any way.

Submission of Graphic Material

When you send a photograph or other graphical material to us you do so in accordance with these Terms. This means that you hereby agree that you have taken the photograph(s) you have sent to us or you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us, and you are granting us a non-exclusive, royalty-free licence to publish or otherwise use the photograph(s) in any way and at any time we want on the Site. The photograph(s) must not be defamatory and shall not break any laws. Selected photographs and graphical material will be published at the discretion of the editor and you will not be paid, even if your photograph(s) is (are) published. We may cut, edit, crop or arrange your photograph(s) or graphic as we think fit to appear on the Site, and we may remove your photograph(s) or graphics at any time. Your name will be published alongside your photograph(s) or graphic, but we may edit or delete any comments, which you submit along with your photograph(s) or graphic.

Third Party Material

You may see advertising material submitted by third parties on IP Primer. Advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

Intellectual Property Rights

Unless otherwise stated, copyright and all intellectual property rights in all material presented on IP Primer  (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on the Site are the property of IP Primer, 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.

Governing Law and Jurisdiction

These terms shall be governed by and interpreted in accordance with the laws of India and especially the Information Technology Act, 2000. All relevant rules, regulations, directions, orders and notifications will also apply.

Arbitration

The Parties shall make best efforts to resolve all differences and disputes arising in connection with these terms OR the use of this website, through mutual co-operation and consultation. In case the differences or disputes are not settled amicably, then they shall be finally settled by a Sole Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The award of the arbitrator shall be reasoned award and shall be final and binding on the Parties. The Arbitration proceedings shall take place in Thiruvananthapuram.

Jurisdiction

Subject to the above clause on Arbitration, any difference or dispute arising out of this Agreement between the Parties, the Courts at Thiruvananthapuram shall have the exclusive jurisdiction.

Force Majeure

Although we will do our best to provide constant, uninterrupted access to the Site, IP Primer does not guarantee this nor does IP Primer accept any responsibility or liability for any interruption or delay.