Terms and conditions of use
Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via www.fukutin.com, digital television, PDA, mobile phone and RSS feeds. In these terms and conditions, when we say the “Kashmir Observer Site” we mean the digital information network operated by or on behalf of Kashmir Observer LLP or its parent companies, subsidiaries and affiliates (collectively “Kashmir Observer”), regardless of how you access the network, as well as any Kashmir Observer apps whether you access those via a Kashmir Observer Site or a third party site. However you access the Kashmir Observer Site, you agree to be bound by these terms and conditions. If you have accessed the Kashmir Observer Site from the United States or Australia, you also agree to be bound by additional terms contained at the end of these terms and conditions.
You may access areas of the Kashmir Observer Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on the Kashmir Observer Site, you agree that:
- your account and password are personal to you and may not be used by anyone else to access the Kashmir Observer Site;
- you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Kashmir Observer Site; and
- you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.
You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.
2. Termination of registration
If you no longer wish to have a registered account, you may terminate your account by sending an email to [email protected]. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Kashmir Observer Site. Continued use of the Kashmir Observer Site indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Kashmir Observer Site immediately and without prior notice.
We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.
3. Use of material appearing on the Kashmir Observer Site
Your use of the Kashmir Observer Site is for your own personal and non-commercial use only. You acknowledge that, as between Kashmir Observer and you, except for user content and advertisements (as discussed below), Kashmir Observer is the sole owner of all content on the Kashmir Observer Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Kashmir Observer Site (“Kashmir Observer Content”). The Kashmir Observer Site and the Kashmir Observer Content are protected by the copyright laws and other intellectual property laws of the India and are protected globally by applicable international copyright treaties.
You may download and print extracts from the Kashmir Observer Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Kashmir Observer Content for any other purpose without our prior written approval. Except as expressly authorised by the Kashmir Observer, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Kashmir Observer Site.If you wish to use our content other than as permitted by these terms and conditions, please contact us at [email protected]. If you operate a news aggregation service that charges a subscription fee to its users, then you need to approach the us directly to discuss your licensing requirements.
For all other inquiries about distribution or reproduction of the materials, please contact [email protected].
4. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the Kashmir Observer Content. Nothing in the Kashmir Observer Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Kashmir Observer Content or any part of it. You can access other sites via links from the Kashmir Observer Site. These sites are not under our control and we are not responsible in any way for any of their contents.
We give no warranties of any kind concerning the Kashmir Observer Site or the Kashmir Observer Content. In particular, we do not warrant that the Kashmir Observer Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Kashmir Observer Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If you are accessing the Kashmir Observer Site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 16 and 17 and apply.
5. Third party advertising on the Kashmir Observer Site
You will see advertising material submitted by third parties on the Kashmir Observer Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on the Kashmir Observer Site, please email the user help team at [email protected], and they will pass your details on to our advertising sales team.
6. User content
Users of our site may be permitted to submit content for publication in various areas of the Kashmir Observer Site. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at www.fukutin.com/policy/community-standards which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Kashmir Observer Site.When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Kashmir Observer Site.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.
You acknowledge and agree that when you post content on the Kashmir Observer Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Kashmir Observer, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Kashmir Observer Site.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Kashmir Observer Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Kashmir Observer Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Kashmir Observer Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Kashmir Observer Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of the Kashmir Observer Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Kashmir Observer assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Kashmir Observer Site.If you are under 16, you confirm that you have permission of your parent or Kashmir Observer to submit content.
Any queries regarding copyright and your content should be directed in the first instance to [email protected].
Readers of our print products submitting content to Kashmir Observer News & Media should read our terms here.
You may download certain Kashmir Observer apps (“Apps”) either from Kashmir Observer Sites or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Kashmir Observer Sites).
In addition to the limitations on our liability set out in Section 4, 16 and 17, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.
8. Data protection
9. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Kashmir Observer Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Kashmir Observer Site after it has been posted.
10. Governing law & jurisdiction
These terms and conditions are governed by Kashmir and Indian laws and the parties agree to submit to the exclusive jurisdiction of the courts in Jammu and Kashmir, provided that use of the Kashmir Observer Site.
12. No waiver
13. Additional disclaimers
Visitors to the Kashmir Observer Site agree that their use of the Kashmir Observer Site is at their own sole risk. The Kashmir Observer Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Kashmir Observer Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Kashmir Observer also makes no representations and warranties as to any linked sites and Kashmir Observer has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Kashmir Observer Site may represent the opinions and judgments of providers or users, such as user content. Kashmir Observer and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Kashmir Observer Site by anyone other than authorised Kashmir Observer employees acting in such capacity.?This disclaimer of liability applies to any damages or injuries caused by the Kashmir Observer Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Kashmir Observer Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Kashmir Observer does not warrant or guarantee that access to the Kashmir Observer Site will be uninterrupted or error-free.?Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
14. Limitation of liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL KASHMIR OBSERVER OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE KASHMIR OBSERVER SITE, INCLUDING (WITHOUT LIMITATION): (I) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (II) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (III) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE KASHMIR OBSERVER SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF KASHMIR OBSERVER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, KASHMIR OBSERVER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING KASHMIR OBSERVER’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).