TERMS OF USE

HISTORYINDIA.COM TERMS OF USE & DISCLAIMER

 

By accessing historyindia.com (“Website”) or any of its associate/group sites, you have read, understood and agree to be legally bound by the terms of the following User Agreement and Disclaimer:

 

This Website is owned and operated by AETN18 Media Private Limited ("the Company/AETN18") and contains material which is derived in whole or in part from material supplied by the Company, various agencies and/or other sources, and is protected by national as well as international copyright and trademark laws. The restrictions on use of the material and content on this Website by the Subscriber are specified below. Except where specifically authorised, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and/or software.

 

AETN18 has taken due care and caution in compilation of data for its Website. AETN18 does not guarantee the accuracy, adequacy or completeness of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. AETN18 especially states that it has no financial liability whatsoever to any user on account of the use of information provided on its Website.

 

The Company shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the Website, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the Website by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

 

Terms of Use:

 

By visiting the Website you are agreeing to be bound by the following terms and conditions. We may change these terms and conditions at any time. Your continued use of historyindia.com means that you accept any new or modified terms and conditions that we come up with. Please re-visit the `Terms of Use' link at our Website from time to time to stay abreast of any changes that we may introduce.

The term `historyindia.com' is used through this entire Terms of Use document to refer to the Website, its owners and the employees and associates of the owner.

 

1) REGISTRATION:

 

By registering, you certify that all information you provide, now or in the future, is accurate. Your registration at historyindia.com is valid for ninety (90) days from the date you first login and is automatically renewed for a period of ninety (90) days every time you login thereafter. If you do not login at historyindia.com for a continuous period of ninety (90) days your registration could be automatically cancelled. historyindia.com reserves the right, in its sole discretion, to deny you access to this Website or any portion thereof without notice for the following reasons: (a) immediately by historyindia.com for any unauthorized access or use by you (b) immediately by historyindia.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. historyindia.com gathers the mailing addresses of users who are registered and voluntarily subscribe to the newsletters. The newsletter is free of cost unless stated otherwise. You may remove your self from this mailing list by unsubscribing; instructions for which are clearly stated on every electronic newsletter sent. 

 

2) LICENSE:

 

historyindia.com hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access historyindia.com provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this User Agreement.

 

3) COPYRIGHT & NO RETRANSMISSION OF INFORMATION:

 

historyindia.com as well as the design and information contained in this Website is the valuable, exclusive property of historyindia.com, and nothing in this User Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.

 

You may not resell, redistribute, broadcast or transfer information, software and/or applications or use the information, software and applications provided by historyindia.com in a searchable, machine-readable database unless separately and specifically authorized in writing by historyindia.com prior to such use. You may not lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share historyindia.com, any part thereof, or any of the software, application or information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by historyindia.com prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of historyindia.com without prior written authorization. Except as set forth herein, any other use of the information, software or application contained in this Website requires the prior written consent of AETN18 and may require a separate fee.

 

4) INTELLECTUAL PROPRTYY RIGHTS:

 

All intellectual property rights in relation to the content on the Website shall solely and exclusively vest with AETN18 and/or its affiliates or 3rd party licensors throughout the world in perpetuity. Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement. You may download content to the extent it is permitted. “Downloads” means any software, data, files or content retrieved, viewed or downloaded by you through your subscription to or use of a service. AETN18 (or the appropriate third party) retain all Intellectual Property Rights to downloads. You will not, unless with AETN18’s express written consent or that of the third party author, sell or otherwise transfer any downloads to any third party, decompile or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered, incorporate the downloads into any other content for whatever purpose or remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the service. 

 

5)  DELAYS IN SERVICES:

 

Neither historyindia.com (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. historyindia.com shall have no responsibility to provide you access to historyindia.com while interruption of historyindia.com is due to any such cause shall continue.

 

6) LIABILITY DISCLAIMER:

 

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.

 

THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. HISTORYINDIA.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THIS  WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. HISTORYINDIA.COM (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES HEREAFTER) SHALL NOT BE LIABLE TO USER OR MEMBER OR ANY THIRD PARTY SHOULD HISTORYINDIA.COM EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS WEBSITE.

 

IN NO EVENT SHALL HISTORYINDIA.COM AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HISTORYINDIA.COM OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

7) USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:

 

If this Website may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

 

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

• Conduct or forward surveys, contests, or chain letters.

• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

 

All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by historyindia.com, and such communications shall not be considered reviewed, screened, or approved by historyindia.com. historyindia.com reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.

 

In the event that there is any content including but not limited to photographs, wall papers, ringtones, etc., which is downloadable in nature, the Subscriber agrees and confirms that the same shall be used in a fair and justifiable manner.

 

8) EQUIPMENT AND OPERATION:

 

You shall provide and maintain all telephone/internet and other equipment necessary to access historyindia.com, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access historyindia.com.

 

9) LINKS TO THIRD PARTY SITES:

 

The links in this Website will allow you to leave historyindia.com. The linked sites are not under the control of historyindia.com. historyindia.com has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by historyindia.com of the site. Third party links to historyindia.com shall be governed by a separate agreement.

 

10) INDEMNIFICATION:

 

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HISTORYINDIA.COM (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of HISTORYINDIA.COM (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in writing signed by historyindia.com.

 

11) CONFLICTING TERMS:

 

If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of historyindia.com.

 

12) CONFIDENTIALITY:

 

You agree to keep the information received from the historyindia.com and services CONFIDENTIAL and will NOT disclose the knowledge gained to other any person or firm for any reason. You hereby consent to the jurisdiction of the courts of Mumbai, India with respect to violation of any part of this Agreement.

 

13) TERMINATION:

 

This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by historyindia.com for any unauthorized access or use by you; (b) immediately by historyindia.com if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not effect any right or relief to which historyindia.com may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to historyindia.com except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to historyindia.com is non-refundable for any reason.

 

14) JURISDICTION:

 

The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

 

Terms and Conditions of “OMG Season 3 – Watch & Win Contest”

 

By participating in the OMG Season 3 – Watch & Win Contest

(hereinafter referred to as “Contest”), you (i.e., the “Contestant”) irrevocably and unequivocally agree to the following terms and conditions (“Terms and Conditions”) between the Contestant and AETN Media Private Limited (“AETN18”):

 

1. This Contest is organized by AETN18 on its channels (‘HistoryTV18’) and shall be conducted on every Thursday from 20:00 hours to 21:00 hours Indian Standard Time (IST) for a period of 6 (six) weeks starting from 13th July 2017 to 27th July 2017 and from 10th August 2017 to 24th August 2017 (“Term”). This Contest will be aired on HistoryTV18 during the Term.

 

2. This Contest is open only to Indian Citizens who are resident in India at the time of conducting this Contest and above the age of eighteen (18) years. In the event that a person is below the age of eighteen (18) years and participates and wins this Contest, he/she shall be disqualified forthwith and shall not be entitled to the Contest Prize (defined below).

 

3. This Contest is not open for employees and/or family members of AETN18 or any other Network18 Media & Investments Limited subsidiaries or group companies.

 

4. The Contestant agrees to provide complete and correct information with respect to his/her identity, contact details, permanent account number (“PAN”), age and such other information as may be required by AETN18 from time to time. AETN18 has the right at any time to ask the Contestant to provide proof of identity and/or eligibility (which may include asking for a copy of the Contestant’s itemised telephone bill). Failure to provide such proof by Contestant immediately upon request by AETN18, could result in the disqualification of the Contestant from the Contest and/or the withdrawal of the Contest Prize (defined below) at the sole discretion of AETN18.

 

5. The Contestant can participate in this Contest in the following manner:

a. STEP 1: The contest question will be aired on HistoryTV18 during the episode telecast.

b. STEP 2: Contestants who desire to participate in the Contest have to give a missed call to a number 022-61416868, which will be flashed on the screen during the program.

c. STEP 3: Following the missed call, the participant will receive a call back in the form of an Outbound Dialogue with the question and answer options.

d. STEP 4: The Contestant has to press the right number option on the call, recording their response.

e. STEP 5: AETN18 TV18 shall randomly select two winning options on a weekly basis.

f. STEP 6: Prize: Each week, two winners will get Amazon vouchers worth INR 4000 each.

 

6. Please note that from all the contestants who have sent the correct answer, 2 (two) winners will be selected via a computerized random selection process (“Winners”) every week.

 

7. The Winners of the Contest will be announced by way of a text or ticker or on a graphic plate on HistoryTV18, at the discretion of AETN18.

 

8. AETN18 accepts no responsibility under any circumstance whatsoever for including but not limited to incomplete or incomprehensible questions, for technical and/or telephone networks, which become lost, misdirected or delayed.

 

9. AETN18 accepts no responsibility under any circumstance whatsoever for including but not limited to incomplete or incomprehensible entries, for technical and/or telephone networks, which become lost, misdirected or delayed. Any such entries will be deemed void and the decision of AETN18 in this respect will be final and binding.

 

10. The Contest is a weekly contest that will run for an hour as mentioned hereinabove. The entries shall be sent latest within 30 minutes from completion of telecast of the episode and only such entries will be considered valid. Entries received after the timeframe mentioned above will be considered invalid. For e.g. any answer for a query asked between 20.00 pm - 21.00 pm IST, the reply should be entered into the Contest latest by 9.30 p.m. Any answer entered after 9.30 p.m. IST will be considered invalid.

 

11. In the event that any of the Prize Winners selected by AETN18 is unwilling or unable to give his/her acceptance to the Terms and Conditions of the Contest, AETN18 may select another winner who gives his/her acceptance to the Terms and Conditions of the Contest. The Winners of the Prize will be announced only after the Winners give their acceptance to compliance of the Terms and Conditions of this Contest.

 

12. AETN18 shall handover the Prize, within 45 business days after the acceptance of the said Terms and Conditions by the Winners. AETN18 shall communicate to the Winners the mode and manner of delivery of the Prize. The Prize would be handed over to the Winners only at the agreed place as communicated by AETN18 and after proper identification, verification and also after the winner providing proof of payment of all applicable taxes and levies.

 

13. Upon being declared a Winner, the Winners will be required to comply with the following pre-requisites prior to being handed over the Contest Prize: Furnishing his/her name, address, age, sex, contact number; A copy of his/her Photo identity card, PAN card; Any valid Proof of address; Proof of the ownership of the contact number.

 

14. In addition to the above, in case AETN18 requires any additional documents/ information, for confirmation, AETN18 shall convey the same to the Winner and the Winner will be required to comply with requirements of AETN18. In case of non-compliance in submission of such documents/ additional documents/ information, AETN18 may decide against giving the Contest Prize to the Winner and the Winner shall have no objection to the same. AETN18 will be required to share the information submitted by the Contestant with any authority or its officers and representatives. The Winner specifically provides his no-objection to such sharing of information by AETN18 and shall not initiate any claims against AETN18 in regard to such information.

 

15. The Winners will be solely liable to pay any and all taxes, levies, charges, etc. that may be applicable in respect of winning the said Prize. AETN18 shall not be liable in any manner whatsoever in the event of non-payment by the Winner of any such applicable taxes, levies, charges, etc. Any expenses incurred by AETN18 in respect of such unpaid by tax will be solely to the cost and expense of the Winner.

 

16. The Prize shall not be transferable / redeemable for kind. No request shall be entertained by AETN18 in this regard.

 

17. AETN18 shall contact the Winners on the telephone numbers provided by the Contestant only once. In the event that any of the Winners is not available/reachable on the number provided by the Contestant, such Winner forfeits his/her right to the Prize and AETN18 may in its sole discretion hand over the Prize to another winner and the same shall be final and binding.

 

18. If the telephone number of any Contestant has been transferred to another individual after entry into the Contest, the Contestant who owned the telephone number at the time of entry into the contest shall not claim the Prize or make any claims in respect of the Contest in this regard.

 

19. If any of the Prize Winners do not convey their acceptance within 24 hrs of intimation of the same, the Prize shall unconditionally and irrevocably lapse and such Winner will cease to have any right, interest or claim in the same. 20. The Contestant expressly agrees that AETN18 will have the unfettered right to reproduce all the entries on any and all formats, media and/or mediums including but not limited to television, internet, mobile, print, etc.

 

21. All rights (including intellectual property rights), title, claim and interest in the promotional material(s) and any/all entries received shall vest solely and exclusively with AETN18 at all times.

 

22. AETN18 shall not be liable for any loss or damage whatsoever that maybe suffered as a result of participating in this Contest or using any Prize.

 

23. AETN18 accepts no responsibility for any non delivery of the Contest Prize.

 

24. AETN18 accepts no responsibility if the Prize is not availed within the applicable time.

 

25. In case of any dispute or difference in respect of this Contest, Terms and Conditions, etc., the decision of AETN18’s management shall be final and binding on all concerned. No correspondence disputing this Contest, Terms and Conditions, decision relating to the Winners, any decision of AETN18’s management, etc will be entertained by AETN18.

 

26. AETN18 reserves the right to change/modify, alter or cancel/postpone this Contest in part or in full or change any or all of the Terms and Conditions and/or eligibility criteria of this Contest at any time (including at any time after the declaration of the Winners) at its own discretion and without any prior notice/intimation and without assigning any reason and shall not be liable for any consequential losses/damages.

 

27. All applicable taxes, duties or levies as may be applicable from time to time, arising out of Prize, shall be payable by the winner of the respective Prize. Winners must have a valid PAN card to claim the Prize and has to submit a copy of the same before receiving the Prize. Taxes and levies on winnings may be imposed by Central, State and Local government authorities from time to time and the Winners are fully responsible in this regard for the same. All costs and expenses for collecting the Prize will be borne by the Winners and no claim of whatsoever nature will be entertained by AETN18 in this regard.

 

28. AETN18 shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.

 

29. All rights, title, claim and interest, including but not limited to the intellectual property rights, in the promotional material(s)/activity and in any and all entries of the Contestants’ received shall vest solely and exclusively with AETN18 throughout the world in perpetuity. The Contestant/Winners agree and acknowledge that AETN18 or any person or entity permitted by AETN18 in this regard shall be entitled to the unrestricted use of the entries received or any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Contestant/Winner. The Contestant/Winner shall not dispute the same at any stage. The Contestant/Winners hereby further undertake to do any and all acts and execute any and all documents in such manner and at such locations as may be required by AETN18 in its sole discretion in order to secure, protect, perfect or enforce any of the rights of AETN18 pursuant to this Contest and/or Terms and Conditions. In the event the Contestant/Winners fail to do so within two (2) days of receipt of a request from AETN18 to do or perform an act or execute a document, AETN18 shall be entitled to exercise the same in place of the Contestant as the lawful appointed attorney and the Contestant undertakes to affirm, ratify and be bound by such exercise of the right by AETN18 as mentioned hereunder.

 

30. This Contest shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to this Contest are subject to the jurisdiction of the Courts at New Delhi only.

 

31. Participation in this Contest implies acceptance of all the Terms and Conditions of this Contest.

 

32. Any clarifications that the Contestant may require or any complaints that the Contestant may have shall be emailed to complaint@network18online.com.


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