The terms ‘you’ and ‘user(s)’ refer to the user(s) with visual disabilities or other disabilities for whose benefit the Website is made available. The services and Contents (defined herein below) excluding the IP News Content (defined herein below) provided on the Website are the property of Dr. Kalyan C. Kankanala, who is the conceptualizer and owner of the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE
About the Website
- Intellepedia is a non-profit Intellectual Property (IP) News aggregator that assists user(s) to discover Intellectual Property related information from different sources maintained by different third parties and shares or distributes such aggregated content by providing full articles with appropriate hyperlinks or by redirecting the user(s) to third-parties sources wherever relevant.
- Website aims at removing access barriers for persons with visual disabilities and other disabilities to a wide range of IP related content by making the Website and the Contents therein disabled access friendly.
- Website provides for number of accessibility features that endeavors to provide user(s) with convenient and hassle-free access to IP News Content from different sources maintained by different third parties.
Terms and Conditions for User(s)
- Through this Website, user(s) can access, listen, view IP related news contents aggregated from different sources maintained by different third parties.
- This Website is established for the benefit of persons with visual disabilities and other disabilities and operates on a non-profit basis.
- This Website and the Contents of this Website are solely for the use and access by persons with visual disabilities and other disabilities; more specifically for their private or personal use and/or for educational or research purpose.
- The IP News Content on the Website is made available for use and access to persons with visual disabilities and other disabilities under Section 52(zb)(ii)- A Fair dealing exception of the Copyright Act, 2012. The said provision of the Copyright Law provides for any person or any organization working for the benefit of the persons with disabilities and on a non-profit basis to create accessible format copies or distribute them to persons with disabilities who cannot enjoy the work in their normal formats without seeking any consent or license from the copyright holder. Therefore, the access to this Website is strictly limited to user(s) with visual disabilities and other disabilities for their private or personal use and educational or research purpose only.
- User(s) represent and warrant that he/she is above the age of 18 years and belongs to recognised category of persons with disabilities and can form legally binding contracts under the Indian Contract Act, 1872 and has all authority to enter into this Agreement;
- Registration and subscription to avail and access the Website and related services of the Website is free.
- User(s) who wish to access full articles or be redirected to full articles of IP News Content presented on the Website should confirm their disability status and register with the Website. Intellepedia reserves the right to change the registration policy from time to time. User(s) shall be responsible for providing accurate, appropriate and correct information at the time of registration. User(s) acknowledge that providing any inaccurate, inappropriate and/or untrue information, would constitute a material breach of this Agreement and Inellepedia has the sole discretion and right to cancel, remove, terminate and/or refuse to provide access and/or suspend the account and subscription with the Website and/or any of the services, without any prior notice;
- Intellepedia reserves the right, but assumes no responsibility or obligation for monitoring the Website and other related services for inappropriate Contents. Owner of Intellepedia may at any time, in his sole discretion, may choose to monitor the services, in such situation Owner of Intellepedia reserves the right to unilaterally delete, remove or edit any Contents that in his sole discretion violates, or alleged to violate, any third-party rights, applicable laws or this Agreement.
- User(s) hereby agree and acknowledge that nothing contained in this Agreement constitute an obligation on the Owner of Intellepedia to offer or provide all the services as mentioned herein. Owner of Intellepedia may in his sole discretion introduce, modify or remove any of the services from the Website.
- User(s) are permitted to carry out only activities permitted under Section 52 of the Copyright Act, 2012. It is hereby strictly clarified that user(s) shall not carry out any other activity (ies) which does not amount to fair use or fall within the provisions of Section 52 of the Copyright Act, 2012.
License and use of the Website
- The Contents provided on the Website (excluding the IP News Content) are the property of Owner of Intellepedia and/or Intellepedia’s licensors, and Owner of Intellepedia grants you only a limited, non-exclusive, revocable license to make personal and non-commercial use of the Website.
- You shall not to use this Website or its Contents in contravention of any regulation or legislation;
- Website collects, compiles, collates or brings together various forms of IP News Content across different mediums from different sources maintained by different third parties to provide a one stop access to information through the Website. All rights to the IP News Content made available on the Website are retained by the third-party which is the source of such contents. “IP News Content” means any and all contents provided via the Website that comprises of IP news contents.
- You shall not copy, amend, reproduce or distribute the Contents, or disclose the content to third parties, other than in compliance with the Terms.
Term and Termination
- These Terms, and any posted revision, shall remain in full force and effect while you use the Website and certain provisions may continue to apply even after termination.
- You may terminate your membership at any time, for any reason by deleting your account with Intellepedia. By choosing to terminate your membership, you acknowledge and expressly agree that all of your profile content and other related information may be deleted. However, certain details are maintained with Intellepedia for archival and legal purposes. Intellepedia reserves the right to change these Terms from time to time. If you do not agree to any such changes, you have the discretion to discontinue from accessing, availing or using the Website. Continued access or use of the Website following notice of any such changes will indicate your acknowledgement of such changes and you will be bound by such revised Terms.
Intellectual Property Rights
- Copyright, trademark, patent or any other intellectual property rights in the contents of our Website including, without limitation, IP News Content, text, logos, software, all designs, database, images, format, documents, video and links, graphic and written work and all other materials published on this Website (hereinafter collectively referred to as “Contents”) are owned by Intellepedia or the respective third party entities as identified on the Website.
- No license or right is granted and your use of the Contents therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, you shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without express permission from Intellepedia.
- You must not use any part of the Contents on the Website for commercial purposes.
Third Party Content
- The Website is merely an intermediary/ enabling technology that allows user(s) to search for IP News Content. It is hereby strictly clarified that the information available on the Website is derived from various third parties (“Third Party Content”). Whilst the Information including but not limited to Third Party Content contained on the Website have been presented with all due care, Intellepedia does not warrant or represent that the Information or the Third-Party Content are free from errors or omissions.
- It is hereby clarified that the Website provides access to third party websites that are not owned or controlled by Intellepedia. We are not responsible for any content, third-party content, applications, services, and/or links that may be contained in the third parties’ service. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Materials”), is a third-party user generated Materials and we have no control over such third-party user generated Materials as we are merely an intermediary for the purposes of this Terms.
- Intellepedia takes no responsibility for the accuracy, reliability correctness and currency of the information including but not limited to Third Party Content and other Contents on the Website or for the accuracy, reliability correctness and currency of links or references to information sources including but not limited to websites or internet sites outside of the Website. Links to other websites or internet sites are not under the control of Intellepedia and are provided for information only. Intellepedia has not reviewed or approved any content that appears on the linked websites.
- No part of the Website and no Contents may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise.
- You may use information on the Website purposely made available by the Owner of the Website for such purposes as provided in the Terms, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use Contents only for your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Contents on any networked computer or broadcast it in any media, (3) make no modifications to any such Contents, and (4) do not make any additional representations or warranties relating to such documents.
- THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS ACCESSED THROUGH OR VIA THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
- Website and its Contents are provided for general information purposes only. Nothing on the Website or its Contents, materials or information provided on the Website shall never be construed to constitute a legal or professional advice. Intellepedia shall bear no liability or responsibility for any loss or damage sustained from reliance on the information or materials published on the Website or representations made in the third-party link accessed through the Website. Intellepedia is not responsible or liable for any matter relating to you or any third parties accessing or using this Website and its Contents.
- Intellepedia does not endorse nor is responsible for the contents of websites operated by third parties that link to this Website or that are accessible from it.
- The articles and views presented on Intellepedia are purely for information and academic purposes only. The views expressed therein are opinions/views of the respective authors and Intellepedia does not warrant the accuracy of the information or views, and expressly disclaims all warranties with that respect. Intellepedia shall not be liable for any injury or damage caused to a person or losses or damages incurred by such person due to the information or views posted on the Website.
- Intellepedia expressly disclaims any and all warranties with respect to the accuracy, authenticity and appropriateness of the Contents and information provided on the Website.
- Any unauthorized representation or misrepresentation, of Intellepedia Website trademark, whether honest or otherwise is strictly prohibited and may give rise to liability for civil and criminal action.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTELLEPEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF INTELLEPEDIA.
Representations and Warranties
- Intellepedia represent and warrants that Contents of this Website is provided by the copyright holders and contributors “as is” and on an “as available” basis and Intellepedia, its officers, directors, employees, and agents makes no and hereby disclaims any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of merchantability and fitness for a particular purpose are disclaimed. In no event shall Intellepedia copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Website, even if advised of the possibility of such damage.
- You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Intellepedia disclaims all warranties, express or implied, in connection with the services and your use thereof.
- Intellepedia makes no representations or guarantees and disclaims liability that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from our services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any Contents or for any loss or damage of any kind incurred as a result of the use of any Contents posted, emailed, transmitted, or otherwise made available via the Website.
- Intellepedia does not warrant, endorse, guarantee, or assume responsibility for any contents or service offered by a third party or any hyperlinked services featured in any banner, and Intellepedia will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, you should use your best judgment and exercise caution. Intellepedia will not be responsible for interference, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website.
- No guarantees, representations, or warranties is made with respect to use of the Website to be accurate, timely, reliable, uninterrupted, or without errors. Intellepedia disclaims liability and reserves the right to without prior notice to modify, suspend, or discontinue any part or all of the Website.
Law, Jurisdiction and Arbitration
- The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court.
- All disputes arising under or in relation to this Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and undisputable by both Parties.
- If any provision in this Terms becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from this Terms and the remaining provisions of this Terms shall not, so far as possible, be affected by the severance.
- Failure of Intellepedia to enforce at any time any of the provisions of this Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on your part to this Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to Intellepedia at law or in equity.
Force majeure and act of third parties
- The performance of any part of this agreement by Intellepedia shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of Intellepedia or act of any third party beyond the control of Intellepedia including but not limited to hacking, data theft, unauthorised access to your account, impersonation, fraud, misrepresentation and so on.
- Intellepedia can update, modify, suspend, discontinue or change any part of these Terms from time to time. The revised Terms will be posted as notification here on this link:- http://www.intellepedia.org/terms. You are encouraged to periodically check this page to stay informed about changes to our Terms. The revised Terms will be effective from the date stated on the revised Terms. If you disagree to any of the changes to the Terms, please refrain from accessing, using or availing the services of the Website. Your continued access or use or availing of the Website following the posting of revised Terms will indicate your acceptance and acknowledgement of the changes and you will be bound by it.
Notice and Take Down Policy
- Intellepedia places high emphasis on respecting and protecting right holders’ intellectual property against infringement and hence takes due care to make the Contents available in good faith.
- If any Contents on the Website concern you or for which you have not given permission, or is in violation of copyright law or violates your legal rights and not subject to any limitation or exceptions, contact Intellepedia in writing. Procedure for submitting takedown notice is provided in this link:- http://www.intellepedia.org/takedown-notice/. All notices to Intellepedia hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the following Address or email id
Company’s Address:- No. 40, 1st & 2nd Floor, 3rd Main Road, JC Industrial Estate, Kanakapura Road, Bengaluru, Karnataka 560062
Company’s email id:- email@example.com
I have read and understood the Terms and Condition and I hereby, out of my free will, unconditionally accept to be bound by the same.