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Terms and Conditions

Last Updated: 18th January 2013
WE RECOMMEND THAT YOU READ THIS DOCUMENT CAREFULLY AND COMPLETELY. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, PLEASE DO NOT USE THE SERVICE. YOUR USAGE OF THE SERVICE IS DEEMED TO CONSTITIUTE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT.
VIDYATECH HOSTED SUBSCRIPTION SERVICE AGREEMENT
THIS VIDYATECH® HOSTED SUBSCRIPTION SERVICE AGREEMENT IS BETWEEN VIDYATECH SOLUTIONS PVT LTD ("VIDYATECH") AND "YOU" (COLLECTIVELY, THE "PARTIES" AND INDIVIDUALLY A "PARTY").
This Agreement is a legal agreement between you and Vidyatech for VIDYATECH'S HOSTED SUBSCRIPTION SERVICE, which includes computer software, content, associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Service"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING OR USING THE SERVICE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SERVICE.
BY USING THE SERVICE (DEFINED BELOW), YOU AGREE THAT THE LAWS OF THE REPUBLIC OF INDIA GOVERNS YOUR USE OF THE SERVICE IN ACCORDANCE WITH THE TERMS REGARDING GOVERNING LAW AND VENUE SET FORTH IN SECTION 17 (GOVERNING LAW).
YOU AGREE THAT THIS AGREEMENT (DEFINED BELOW) IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY ON WHOSE BEHALF THE SERVICE IS USED: FOR EXAMPLE, YOUR EMPLOYER.
YOU MAY HAVE OTHER WRITTEN AGREEMENTS WITH VIDYATECH THAT SUPPLEMENT OR CONSTITUTE PARTS OF THIS AGREEMENT.
1. Definitions:
"Vidyatech" means Vidyatech Solutions Pvt Ltd, a company incorporated in New Delhi, India under the laws of India, located at A-30, Second Floor, Kailash Colony, New Delhi-110048, India and its affiliates, successors, and assigns.
"Agreement" means these terms and conditions, the License Metrics, and the Vidyatech Privacy Policy, which is located at http://www.quiz-magic.com/privacy or any successor Website thereto.
"Appointee" shall have the meaning set forth in Section 2.4 (Appointments).
"Information" means personally identifiable information.
"License Metrics" means terms set forth in the subscription plan opted and paid for by you. The License Metrics are incorporated by reference into this Agreement.
"Privacy Policy" shall have the meaning set forth in Section 12.1 (Privacy Terms).
"Service Term" means the period of time for which you have elected to pay for and/or use the Service with reference to the license metrics.
2. Use of the Service.
2.1 Authority to Use Service: You represent and warrant that you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder including having a valid license to use the Service and the right to submit your information and content/documents in connection with the Service. Otherwise, you are not permitted to submit such information and content/documents to Vidyatech or the Service.
2.2 Access to Service: You acknowledge that your ability to access and use the Service may require the payment of third party fees (such as telephone toll charges, ISP, or airtime charges) and that you are responsible for paying such fees. Vidyatech is not responsible for any equipment or third party services you may need to be able to access and use the Service.
2.3 Log-In Information: To gain access to and use the Service, you may be required to create a log-in ID and password ("Log-In Information"). You are responsible for all activity occurring under your Log-In Information, and you must keep your Log-In Information confidential and not share your Log-In Information with third parties. Vidyatech has no obligation or responsibility whatsoever with regard to your use, distribution, disclosure, or management of Log-In Information. Notwithstanding the foregoing, Vidyatech may require you to change your Log-In Information if such Log-In Information is inconsistent with the terms of this Agreement.
2.4 Appointments: If you represent an organization, you may appoint individuals within your organization or other third parties to administer various functions of the Service ("Appointees"), as applicable. Notwithstanding anything to the contrary set forth in Section 2.3 (Log-In Information) of the Agreement, you may, if applicable, provide to Appointees specific Log-In Information for the sole purpose of enabling such Appointee to administer various functions of the Service in accordance with the terms of this Agreement. You are solely responsible for all acts or omissions of Appointees in connection with the Service.
2.5 Limitations: Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Vidyatech, its affiliates, suppliers, licensors, and resellers specifically disclaim any express or implied warranty of fitness for such purposes.
3. License.
3.1 The Service: Subject to your compliance with the terms and conditions of this Agreement, Vidyatech grants to you a non-exclusive, non-transferable, revocable right to access and use the Service according to the terms and conditions of this Agreement and the applicable License Metrics.
4. Intellectual Property Rights:
4.1 Vidyatech and its affiliates, successors, and assigns own all rights, title, and interest to and in all intellectual property rights subsisting in: (a) the Service; (b) all Vidyatech software provided in connection with the Service; (c) the underlying technology of the Service; (d) all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names used by Vidyatech in connection with the Service (the "Marks"); (e) Vidyatech' s websites used for hosting the Service, and all content on such websites; (f) and the user interfaces of the Service. You shall not alter or remove any Marks or Vidyatech copyright notices included in the Service. You are welcome to send suggestions on improving the Service, but in doing so, you acknowledge and agree that such suggestions will become the property of Vidyatech, and Vidyatech has no obligation to compensate you for such suggestion(s). No rights whatsoever are granted to you other than as expressly granted hereunder.
4.2 Content:
Vidyatech and its affiliates, successors, and assigns own all rights, title, and interest to and in all content created by Vidyatech and made available as part of the Service.
4.2.1 Your Content:
If you are a paid subscriber, you will be able to create or add or modify content in connection with your use of the Service. You retain all rights, title, and interest to and in such content.
5. Trial or Free Use of Service.
This Section 5 (Trial or Free Use of Service) applies to you solely if you have subscribed to the Service on a trial or free basis.
5.1 Trial or Free Use: In addition to the other terms of this Agreement, as a trial or free user of the Service, your right to access and use the Service is limited as provided in any communication from Vidyatech acknowledging your right to use the Service, or as provided in Vidyatech's Web pages describing trial use of the Service. Vidyatech reserves the right to temporarily suspend or permanently cease trial or free access to the Service at its sole discretion.
5.2 Termination of Trial or Free Use of Service: Your right to use the Service on a trial or free basis shall terminate immediately upon expiration of the limited time period granted at the time you subscribed to the Service on a trial or free basis. In addition, Vidyatech reserves the right, for any reason in its sole discretion without prior notice, to discontinue or suspend your trial or free use, and to terminate your trial or free account. Your rights to access any and all information relating to your account shall terminate immediately upon termination of your right to use the Service.
6. Term and Termination.
6.1 Term: The term of this Agreement is as specified in the License Metrics.
6.2 Termination:
6.2.1 By Vidyatech: Vidyatech may at any time and without written notice to you immediately terminate this Agreement and your access to the Service, or suspend or restrict your access to the Service in whole or in part, if:
a) You breach this Agreement
Or
b) Vidyatech determines in its sole and exclusive judgment that terminating your access to the Service is advisable for security reasons, to protect Vidyatech from liability, or for the continued normal and efficient operation of the Service.
6.2.2 By You: You may terminate this Agreement or your subscription to the Services at any time with or without reason.
6.3 Effect of Termination: Upon termination of this Agreement, you must and shall immediately cease using the Service. Vidyatech reserves the rights to delete any data files associated with your information, content or your use of the Service, upon termination of the Service. The following Sections of this Agreement shall survive termination of this Agreement: 1, 4, 6.3, 7-12, and 14-20.
7. Your Representations and Warranties:
You represent and warrant that (a) you are the owner, licensor, or authorized user of all information/content/documents that you submit to the Service or process using the Service; and (b) you will not create, add, upload, post, link to, or otherwise transmit or distribute any content that: (i) advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Vidyatech, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv)promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, hateful, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, Information, or property of another or the service; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
8. Notification of Copyright Infringement.
8.1 Vidyatech respects intellectual property rights and expects its users to do the same. Vidyatech will respond to clear notices of copyright infringement, and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of infringers, and making good-faith attempts to contact the user who posted the content at issue so that they may, where appropriate, make a counter-notification.
8.2 If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Service, or on sites linked to or from the Service or in connection with the Service, please provide written notification of claimed copyright infringement to Vidyatech through regular mail (not through email or phone), which must contain all of the following elements:
8.2.1 A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
8.2.2 A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
8.2.3 A description of where the content that you claim is infringing is located on the Service;
8.2.4 Information sufficient to permit Vidyatech to contact you, such as your physical address, telephone number and email address;
8.2.5 A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
8.2.6 A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
8.2.7 Before you file such a notification, please carefully consider whether or not the use of the copyrighted content at issue is protected by the 'fair use' doctrine, as you could be liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted content constitutes infringement, please contact an attorney before you file your notice.
8.3 If you believe access to your content was disabled or removed by Vidyatech as a result of an improper copyright infringement notice, please provide written notification to Vidyatech through regular mail (not through email or phone), which must contain all of the following elements:
8.3.1 A physical or electronic signature of the subscriber;
8.3.2 Identification of the content that was removed from the Service and the location on the Service at which the content appeared before it was removed;
8.3.3 A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled;
8.3.4 Information sufficient to permit Vidyatech to contact you, such as your physical address, telephone number and email address; and
8.3.5 A statement that you consent to the jurisdiction of the Federal District court for the district where you reside (or King County, Washington if your residence is outside the United States) and that you will accept service of process from the person who provided notification, or an agent of such person.
Before you file such a counter notification, please carefully consider whether or not the use of the copyrighted content at issue is infringing, as you could be liable for costs and attorneys' fees in the event that a court determines your counter notification misrepresented that the content was removed by mistake. If you are unsure whether use of the content at issue constitutes infringement, please contact an attorney before you file your notice.
8.4 For the purposes of this section, Vidyatech can be reached as follows:
  • By ordinary mail: A-30, Second Floor, Kailash Colony, New Delhi-110048, India
Vidyatech will not remove content from the Service in response to phone or email notifications regarding allegedly infringing content, since a valid notice must be signed, under penalty of perjury, by the copyright owner or the person authorized to act on his or her behalf. Please submit such notifications by ordinary mail only. Vidyatech should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Service or on sites linked to or from the Service, or in connection with the Service.
9. Links and Online Services.
9.1 Links: Vidyatech may provide links to other Websites or resources as part of the Service as a convenience to you. Vidyatech is not responsible for the content, products or services on any third party site, and the inclusion of any link does not imply that Vidyatech endorses the content on such third party sites. You may visit such third party sites solely at your own risk.
9.2.1 The Services may facilitate your access to APIs or other websites maintained by Vidyatech or its affiliates or third parties offering services (for example, usage reporting services) ("Online Services"). Your access to and use of any website or online services is governed by the terms, conditions, disclaimers and notices found on such sites or otherwise associated with such services. Vidyatech may at any time, for any reason, modify or discontinue the availability of any website and Online Services.
9.2.2 Vidyatech does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between you and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
9.2.3 EXCEPT AS EXPRESSLY AGREED BY VIDYATECH OR ITS AFFILIATES, SUCCESSORS, ASSIGNS OR ANY THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 15 (DISCLAIMER OF WARRANTIES) AND 16 (LIMITATION OF LIABILITY).
10. Conduct.
10.1 Use Restrictions: In connection with your access or use of the Service, you agree not to:
(a) introduce a virus, worm, Trojan horse or other harmful software code or similar files that may damage the operation of the Service or that of a third party' s computer or property or information;
(b) use the Service in any manner that could damage, disable, overburden, or impair any Vidyatech server, or the network(s)connected to any Vidyatech server or interfere with any other party' s use and enjoyment of the Service;
(c) attempt to gain unauthorized access to service, materials, other accounts, computer systems or networks connected to any Vidyatech server or to the Service, through hacking, password mining, or any other means;
(d) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
(e) host on a subscription, membership, or pay-per-use basis or otherwise, the Service, including any related application to permit a third party to use the Service;
(f) rent, lease, lend or provide commercial hosting services to third parties using the Service.
(g) engage in any systematic extraction of data or data fields, including without limitation email addresses;
(h) disclose, harvest, or otherwise collect Information, including email addresses, or other private information about any third party without that party' s express consent;
(i) transmit junk mail, spam, surveys, contests, pyramid schemes, chain letters, or other unsolicited email or duplicative messages;
(j) sell, resell, lend, lease, or rent access to or use of the Service or any portion of the Service, or otherwise transfer any rights to use or access the Service (including without limitation, on a subscription, membership, pay-per-use, timeshare, computer service business, or service bureau basis);
(k) bundle or incorporate the Service with or into any other service, offering, or solution for sale, resale, rent, or lease to third parties;
(l) defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
(m) upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, for example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
10.2 Exposure: You acknowledge and agree that by accessing or using the Service, you may be exposed to materials from third parties that are offensive, indecent, or otherwise objectionable. You may report any violations of these terms to Vidyatech.
11. Investigations.
Vidyatech does not generally monitor user activity occurring in connection with the Service. If Vidyatech becomes aware, however, of any possible violations by you of Sections 7.2 (Your Representations and Warranties, 10.1 (Use Restrictions), or any other provision of this Agreement, Vidyatech reserves the right to investigate such violations, and Vidyatech may, at its sole discretion, terminate immediately your license to use the Service or change, alter or remove Content, in whole or in part, without prior notice to you. If, as a result of such investigation, Vidyatech believes that criminal activity has occurred, Vidyatech reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Vidyatech is entitled, except to the extent prohibited by applicable law, to disclose any information, including Information, about you in Vidyatech' possession in connection with your use of the Service to law enforcement or other government officials, as Vidyatech in its sole discretion believes to be necessary or appropriate.
You agree to indemnify and hold Vidyatech and its directors, employees and representatives harmless from and against any and all liabilities, costs and expenses, including attorneys' fees, related to or arising from your information and content/documents and your use of the Service, including any use that violates this Agreement.
12. Privacy.
12.1 Privacy Terms: The terms of the Vidyatech Privacy Policy ("Privacy Policy"), located at http://www.quiz-magic.com/privacy, or any successor website thereto, and the terms of this Section 12 (Privacy) govern Vidyatech's collection and use of Information in connection with the Service. If there is any conflict between the terms of the Privacy Policy or the terms of this Agreement, the terms of this Agreement shall control. Vidyatech may make changes to the Privacy Policy from time to time, and such changes will be communicated in the revised texts of the Privacy Policy as and when such changes are made. Please visit http://www.quiz-magic.com/privacy regularly for updates.
12.2 Information Transfer and Storage: You agree and acknowledge that your Information and content submitted by you in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which Vidyatech maintains offices.
12.3 Service Use Information: Vidyatech may collect information regarding use of the Service, such as the name of the Internet service provider and the Internet Protocol address through which you access the Internet; the time you access the Service; and the Internet address of any referring Website and the Internet address of the Website from which you linked directly to the Service. Vidyatech uses this information to support the Services and, if you have opted to receive communications from Vidyatech, to send to you communications about Vidyatech, its products and services.
12.4 Storage and Use of Information: Vidyatech stores your Information in accordance with Vidyatech's then-current storage policies. Vidyatech will delete your Information from Vidyatech's servers ultimately when this Agreement terminates and in accordance with Vidyatech's then-current data storage policies.
12.5 Security: Vidyatech will not access your information and content that you submit in connection with the Service or process using the Service, except as reasonably necessary to perform the Service, including but not limited to the following: (a) facilitate the Service; (b) respond to support requests; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) as deemed necessary or advisable by Vidyatech in good faith to conform to legal requirements or comply with legal process; or (e) enforce this Agreement, including investigation of potential violations hereof, as further described in Section 11 (Investigations).
Vidyatech has implemented reasonable technical safeguards and procedures to protect communications with the Service including communication of information and content. Notwithstanding the foregoing, the security of such communications sent over the Internet (including by email) is subject to many factors outside of Vidyatech's control and, as a result, Vidyatech does not guarantee the security or privacy or confidentiality of such communications and such information and content/documents.
Vidyatech has no responsibility or liability for the deletion or accuracy of your information and content, the failure to store, transmit or receive transmission of your information and content (whether or not processed by the Service), or the security, privacy, confidentiality, storage, or transmission of communications (including your information and content) originating with or involving use of the Service. Certain features of the Service may enable you to specify the level at which the Service restricts access to your information and content. You are solely responsible for applying the appropriate level of access to your information and content.
12.6 Communications from Vidyatech:
12.6.1 Service Email: Notwithstanding any communications preferences indicated by you, Vidyatech may send to you service-related emails regarding service maintenance events or modifications to the functionality or delivery of the Service.
13. Service Level Agreement.
13.1 Applicability: This Section is applicable only to paid subscribers.
13.2 Service Availability Objective: Vidyatech's objective is to make reasonable efforts to provide Service Availability of 99.5 percent as measured on a monthly basis ("Service Availability Objective"). Service Availability is defined as the time that the Service is capable of receiving, processing, and responding to requests, excluding (a) Scheduled Maintenance, (b) Emergency Maintenance, (c) Customer Error Incidents, and (d) Force Majeure.
13.3 Definitions:
13.3.1 Scheduled Maintenance is defined as any maintenance performed during Vidyatech' s standard maintenance windows (currently occurring between Saturday 12:01am Pacific Time and Sunday at 11:59pm Pacific Time, and weekdays between 6:00pm Pacific Time and 11:59pm Pacific Time) and any other maintenance of which you are given at least forty-eight (48) hours advance notice. Vidyatech may perform maintenance on some or all of the Service to upgrade hardware or software that operates or supports the Service, implement security measures, or address any other issues it deems appropriate for the continued operation of the Service.
13.3.2 Emergency Maintenance is defined as any unscheduled maintenance that may be required because of any emergency situation that causes disruption of the Service.
13.3.3 Customer Error Incident is defined as any Service unavailability resulting from your applications, your information and content/documents, or your equipment, or the acts or omissions of any user of the Service.
13.3.4 Force Majeure is defined as acts of God, terrorism, labor action, fire, flood, earthquake, governmental acts, orders, or restrictions, denial of service attacks and other malicious conduct, utility failures, or any other cause of Service unavailability that was beyond Vidyatech's reasonable control.
14. Payment Terms (applicable to paid subscribers).
14.1 Subscription Fees: Use of the Services is subject to your payment of fees (the "Subscription Fees"), which may vary according to the subscription option to which you have subscribed and/or the period of time for which you have elected to pay for the Services (the "Subscription Term").
Vidyatech will collect the Subscription Fees for the Services in advance of each Subscription Term. Your credit card company or bank may impose on you fees in connection with your payment of the Subscription Fees, and Vidyatech has no connection to or responsibility for such fees.
14.2 Automatic Renewal of Subscriptions: For most subscription options, your subscription to the Services will automatically renew at the end of each Subscription Term. In connection with these options, on the subscription renewal date, Vidyatech will automatically charge your payment card for the next Subscription Term ("Billing Date").You may terminate the auto-renewal of your subscription at any time before your next Billing Date by contacting Vidyatech. You will have access to the Services until the end of your then-current Subscription Term.
14.3 Nonrefundable Fees: All Subscription Fees paid by you in relation to a subscription to the Services are nonrefundable even if you want to terminate the services before the end of then-current Subscription Term.
14.4 Payment Cards: As a condition to your right to use the Services, you must provide Vidyatech with a valid payment card number belonging to you from a card issuer that is acceptable to Vidyatech, with available funds sufficient to pay the applicable Subscription Fees. Vidyatech may seek validation of your payment card account before your first purchase. In the event that you cancel this payment card or it is otherwise terminated, you must provide Vidyatech with a new valid payment card before the next Billing Date to avoid interruption in your access to the Services. Vidyatech may elect not to renew your subscription until a current valid payment card with sufficient funds is provided.
14.5 Changes in Price and/or Terms: Vidyatech may at any time, without prior notice, (a) change the price of subscriptions for the Services or any part thereof, (b) institute new charges or fees, or (c) change this Agreement. Price and Agreement changes and institution of new charges implemented during your subscription term will apply to subsequent Subscription Terms and to all new subscribers after the effective date of the change. If you do not agree to any such changes, then you must terminate your subscription to the Services and stop using the Services. Your continued use of the Services after the effective date of any such change shall constitute your acceptance of such change. Such changes will be communicated in the revised texts of the "SUBSCRIPTION" Page and/or Agreement as and when such changes are made. Please visit http://www.quiz-magic.com regularly for updates.
14.6 Collection of Service Fees: You agree that in the event Vidyatech is unable to collect the Subscription Fees owed by you to Vidyatech for the Services, Vidyatech may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by Vidyatech in connection with such collection activity.
15. DISCLAIMER OF WARRANTIES.
15.1 THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, VIDYATECH, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, RESELLERS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION OR COMPATIBILITY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VIDYATECH DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE CONTINUOUS, SECURE, RELIABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE, OR THAT VIDYATECH'S SERVERS AND SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT VIDYATECH' S SECURITY PROCEDURES AND MECHANISMS WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO INFORMATION OR CONTENT BY THIRD PARTIES.
15.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. Limitation of Liability.
16.1 NEITHER VIDYATECH, ITS DIRECTORS, EMPLOYEES, OR REPRESENTATIVES, NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR ACCESS DATA, INFORMATION OR CONTENT/DOCUMENTS, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND BASED ON ANY THEORY OF LIABILITY INCLUDING STATUTE, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF VIDYATECH OR ITS DIRECTORS, EMPLOYEES, OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
16.2 VIDYATECH'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE IN YOUR LAST SUBSCRIPTION TERM. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OFACTION AROSE OR BE FOREVER BARRED. VIDYATECH'S SUPPLIERS SHALL HAVE NO LIABILITY TO YOU FOR ANY REASON.
16.3 THE LIMITATIONS ON LIABILITY IN THIS SECTION 16 (LIMITATIONS OF LIABILITY) ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
17. Governing Law.
By accessing and using the Service, you agree that all matters relating to this Agreement and your access to, or use of, the Service shall be governed by and construed in accordance with the substantive laws of the Republic of India. You agree to the exclusive jurisdiction and venue of the Courts of New Delhi, India. You waive all defenses of lack of personal jurisdiction and forum non convenience. Process may be served on either party in the manner authorized by applicable law or court rule. In any action to enforce any right or remedy under the Agreement, or to interpret any provision of the Agreement, the prevailing party shall be entitled to recover its reasonable attorneys" fees, costs and other expenses, including without limitation the costs and fees incurred on appeal or in a bankruptcy or similar action.
(This Agreement will not be governed by the conflict of law rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.)
18. Language.
It is the express wish of the Parties that the Agreement and all related documents have been drawn up in English and that the English version of this Agreement shall be the sole version used in interpreting and enforcing this Agreement.
19. Export Control Laws and Restrictions.
You acknowledge that this website, the Services, and the underlying software may include technical data subject to restrictions under export control laws and regulations of the Government of India. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in violation of these laws and regulations, directly or indirectly.
20. Miscellaneous.
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Service. If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the Parties, and all other provisions will remain in full force and effect. Vidyatech's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Vidyatech in writing. Your rights hereunder may not be assigned or transferred to any third party. Each Party will provide the other with written notice under this Agreement by sending the other party notice as follows: (a) for you, notice will be sent to the email address associated with your account, and (b) for Vidyatech, notice will be sent to Vidyatech Solutions Pvt Ltd, A-30, Second floor, Kailash Colony, New Delhi-110048, India. In the event the terms of this Agreement, the Privacy Policy, or the License Metrics conflict, the documents shall have the following order of precedence: (i) the License Metrics, (ii) the Agreement, and (iii) the Privacy Policy. This Agreement, including the Privacy Policy and License Metrics, constitutes the entire agreement between you and Vidyatech and supersedes all prior agreements, representations, and understandings between the Parties regarding the subject matter contained herein.
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