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Terms and Conditions

This TOU (Terms of Use) sets forth the terms, conditions and guidelines for use of the Site (the website "www.kxsd.org", its suppliers and providers), and apply to all the Services (information, communications, links, contests, software, e-newsletters, products, services, other materials and any other services that may be added from time to time) offered through this Site by TERI (The Energy and Resources Institute).

 

Acceptance of Terms

By visiting the Site, viewing, accessing or otherwise using any of the Services or information created, collected, compiled or submitted to the Site, you agree to be bound by the following TOU.

You understand, agree and acknowledge that this TOU constitutes a legally binding agreement between the User (you), on the one hand, and the Site on the other hand, and that your use of the Site shall indicate your conclusive acceptance of this agreement.

Please read the TOU carefully before using the Site or activating an account with us. If you do not want to be bound by the TOU, your only option is not to visit, view or otherwise use the Site or its Services.

 

Intellectual Property Rights

The Trade Marks (logos, trade marks, service marks, patents, trade names, graphics, typefaces) displayed on the Site are registered or unregistered proprietary marks of their respective owners - TERI, its funding partners or affiliates. Nothing on this Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks of TERI or any third party.

Copyright in the Content (text, music, sound, photographs, video, animation, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, compilations, translations, databases or software) contained on this Site is at all times owned by TERI, unless otherwise indicated. No right, title or interest to any of the Content is transferred to you by your use of the Site.

The Content maybe accessed, viewed, translated, downloaded or printed solely for personal, educational, non-commercial purposes only, provided that the User - retains the copyright notice and/or source indication on the Content at all times; does not copy, reproduce, distribute, republish, repost, modify, transmit, broadcast, make available to the public, adapt, create a derivative work, or otherwise use, exploit or sell the Content in any way or for any purpose.

Commercial use of the Content would require prior written permission of TERI. Some of the Content on the Site may be open-source; kindly enquire with us before using such Content. Some of the Content on the Site has been used with the permission of the relevant copyright owners. All rights are reserved on such Content and permission to copy them must be requested from the copyright owners. In case the copyright owner of any Content is not mentioned or not clear, kindly enquire with us before using such Content.

 

Submitted Content

The Site may provide facilities for Submissions (including but not limited to any text, graphics, video and/or audio content, content supplied by third parties, and other materials or information) to the Site directly.

By contributing the Submissions, you agree not to include any content in your Submissions that is or could be - unlawful, defamatory, offensive, obscene, dangerous, false; or containing any viruses, bugs or other harmful elements; or protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder.

You must not use a false name or email address or otherwise attempt to conceal the origin of your submission. The User is solely responsible for the Submissions, and TERI only acts as a passive conduit for the online distribution and publication of such Submissions. Any information, advice, opinions, or statements contained within a Submission are attributable to the author of such content and not to the Site. You agree to indemnify us for all claims arising from or related to Submissions.

While TERI shall have no obligation to monitor Submissions, we reserve the right to edit or remove any Submission we deem to be in violation of the TOU or otherwise objectionable or inappropriate, without having to assign any reason therefore.

If you submit any personally identifiable information through the Site, you acknowledge and consent to TERI collecting and using such information for various purposes (including without limitation) - for verification and record of your personal particulars (including comparing it with information from other sources) and using the information to communicate with you; to conduct statistical analysis of the users of our sites (including the number of users, the frequency of use, profile of users) and using such analysis for our business plans, enhancement of our services, conveying such information in broad terms (but not information in relation to specific individuals) to third parties who have or propose to have business dealings with us; to comply with any request from any third party or any order of court or directive from authorities investigating any alleged offence, misdeeds and/or abuse or for the purposes of taking legal action against any users for breach of the TOU.

When you submit content to the Site, you simultaneously grant to TERI a worldwide, perpetual, irrevocable, royalty-free and sub-licensable right, and a license to use and exercise all copyright and publicity rights (including but not limited to publish, display, modify, distribute and syndicate content) you have in your Submissions in any media and for any purpose. You confirm and warrant that you have the required authority to grant the above license to TERI.

 

External Content

The Site may contain links to third-party content or websites. These links are provided solely for your convenience and do not constitute an endorsement. Once you link to a third-party website, you are subject to the terms and policies of that website.

 

Disclaimer of Warranties

The Site and its Services are provided on an 'As Is' and 'As Available' basis, and the entire risk as to the use of the Site, its Services and the Content is with you.

TERI makes no warranty, endorsement, or representation, whether expressed or implied, as to the security, accuracy, reliability, satisfactory quality for any particular purpose of the Site; that the use of the Site (and/or the server that makes it available) will be uninterrupted and free of any errors, viruses or bugs; and that defects will be corrected.

No advice or information, whether oral or written, obtained by you from TERI or through the Site shall create any warranty not expressly made herein.

 

Limitation of Liability

In no event shall TERI and any of its funding partners or affiliates be liable for any direct, indirect, incidental, consequential or exemplary damages, tangible or intangible loss, claims, costs or expense of any kind arising from any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful elements, communication line failure, breach of contract, negligence, defamation, copyright infringement, breach of intellectual property right or any other cause of action.

 

Violation of TOU

At any time, if it is determined that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, TERI reserves the right to terminate or suspend your access to the Site and all related Services, initiate an investigation, remove materials from its servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.

 

Jurisdiction

You expressly understand and agree that the TOU shall be governed by Indian laws and any dispute arising out of the use of the Site shall be referred to courts in India only.

If the court of law having jurisdiction, rules that any provision of the TOU is invalid, then that provision will be removed from the TOU and the remaining Terms will continue to be valid.

 

Entire Agreement

You hereby agree and acknowledge - that all electronic communications made in accordance to the use of this Site shall be given legal effect, validity and enforceability, and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document; not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically.

By accessing or using the Site, you acknowledge that you have read the TOU, understand it and agree to be legally bound by all the terms, conditions and guidelines.

 

Changes to TOU

TERI reserves the right to modify the TOU from time to time at its sole discretion and without any notice. Changes to the TOU become effective on the date they are posted online. Your continued use of this Site after any changes are posted constitutes your acceptance of this agreement as modified.