Terms of use
These Terms of Use govern your use
of the websites, content and community services offered through www.clubsolitaire.abp.in,
other associated URLs (“Site”) and all mobile applications ("Mobile
Apps") and products and services offered by ABP Pvt Ltd.
“You”
and / or “Your” and / or “User” shall include and mean the person who is
accessing the aforesaid mobile application www.clubsolitaire.abp.in (hereinafter
referred to as the said “mobile application / website”) through any means
available now and / or maybe available in the future.
You
(the user) agree to access "the Site" and "Mobile Apps”, subject
to the terms and conditions of use as set out here.
ABP
Pvt. Ltd., the owner and / or publisher of www.clubsolitaire.abp.in may add to or change or update these
Terms of Use, from time to time entirely at the its own discretion. You are
responsible for checking these Terms of Use periodically to remain in
compliance with these terms. Your use of a Site after any amendment to the
Terms of Use shall constitute your acceptance of these terms and you also agree
to be bound by any such changes/revisions. By using this site you hereby
represent and warrant that you are hereby bound by these Terms of Use and it’s
any amendments thereof and further represent that you are more than 18
(eighteen) years of age and otherwise competent to bound yourself into a valid
contract as per the Laws of India. In the event you are below the age of 18
(eighteen) years then it shall be deemed that you are using this site under the
guidance and supervision of your natural parent and / or guardian.
Governing Law and Meanings:-
These
Terms of Use are being governed by the Laws of India and meaning of words used
herein in connection with the use of the said website shall bear the meaning as
may be envisaged and interpreted by the Information Technology Act, 2000 and
any of its Amendment Acts.
Changes
ABP
Pvt. Ltd. reserves the right to suspend / cancel, or discontinue any or all channels,
products or service at any time without notice , make modifications and
alterations in any or all of the content, products and services contained on
the site without prior notice. Such changes will be posted to www.clubsolitaire.abp.in
for your reference and convenience so as to enable you to understand your
responsibility as a user.
Charges
ABP
Pvt. Ltd. reserves the right to charge subscription and / or membership fees
from a user in respect of any product, service or any other aspect of this
Site. Such charge of fees may be without any prior intimation at the sole
discretion of ABP Pvt. Ltd.
Copyright
and Trademarks
Unless
otherwise stated, copyright and all intellectual property rights in all
material presented on the site (including but not limited to text, audio, video
or graphical images), trademarks and logos appearing on this site are the
property of ABP Pvt. Ltd. Limited, its parent, affiliates and associates and
are protected under applicable Indian laws. You agree not to use any framing
techniques to enclose any trademark or logo or other proprietary information of
ABP Pvt. Ltd.; or remove, conceal or obliterate any copyright or other
proprietary notice or any credit-line or date-line on other mark or source
identifier included on the Site / Service, including without limitation, the
size, color, location or style of all proprietary marks. Any infringement shall
be vigorously defended and pursued to the fullest extent permitted by law.
Limited
Permission to Copy
ABP
Pvt. Ltd. grants you permission to only access and make personal use of the
Site and You agree not to, directly or indirectly download or modify / alter /
change / amend / vary / transform / revise / translate / copy / publish /
distribute or otherwise disseminate any content on ABP Pvt. Ltd.’s Site /
Service, or any portion of it; or delete or fail to display any promotional
taglines included in the Site / Service either directly or indirectly, except
with the express consent of ABP Pvt. Ltd.
However, you may print or download extracts from these pages for your personal
/ individual, non-commercial use only. You must not retain any copies of these
pages saved to disk or to any other storage medium except for the purposes of
using the same for subsequent viewing purposes or to print extracts for
personal / individual use.
ABP
Pvt. Ltd. forbids you from any attempts to resell or put to commercial use any
part of the Site; any collection and use of any product listings, descriptions,
or prices; any derivative use of the Site or its contents; any downloading or
copying of account information for the benefit of any other merchant; any
renting, leasing, or otherwise transferring rights to the Site / Service;
displaying the name, logo, trademark or other identifier of another person in
such a manner as to give the viewer the impression that such other person is a
publisher or distributor of the Service on the Site, or any data gathering or
extraction tools; or any use of meta tags. You may not (whether directly or
through the use of any software program) create a database in electronic or
structured manual form by regularly or systematically downloading and storing
all or any part of the pages from this site.
No
part of the Site may be reproduced or transmitted to or stored in any other web
site, nor may any of its pages or part thereof be disseminated in any
electronic or non-electronic form, nor included in any public or private
electronic retrieval system or service without prior written permission.
Individual
Registration, Access and Exchange of Information
For
certain services such as email, personal web pages, contests and shopping,
registration by the visitor is required. To register for these services you
have to open an account by completing the registration process (i.e. by
providing us with current, complete and accurate information as prompted by the
applicable registration form). You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of your
password and account and shall be responsible for the security of the
connection and / or network that you are using. By registering, you agree to
the following terms in addition to any other specific terms which shall be
posted at an appropriate location of the Site. Each registration is for a
single individual user only.
To
access these services, you will be asked to enter your individual User Name and
Password, as chosen by you during your registration. Therefore, we do not
permit any of the following:-
• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed by
individuals who have not registered with www.clubsolitaire.abp.in as users of the
Site; or
• Access through a single account and Password being made available to multiple
users on a network.
If
ABP Pvt. Ltd. reasonably believes that an account and Password is being used /
misused in any manner, ABP Pvt. Ltd. shall reserve the right to cancel access
rights immediately without notice, and block access to all users from that IP
address.
Furthermore,
you are entirely responsible for any and all activities that occur under your
account. You agree to notify ABP Pvt. Ltd. immediately of any unauthorized use
of your account or any other breach of security. ABP Pvt. Ltd. will not be
liable for any loss that you may incur as a result of someone else using your
password or account. However, you could be held liable for losses incurred by
ABP PVT. LTD. or another party due to someone else using your account or
password.
No
unlawful or prohibited use
As
a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable,
overburden, or impair any ABP PVT. LTD.’s server, or the network(s) connected
to any ABP PVT. LTD.’s server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized access to any
Services, other accounts, computer systems or to any of the Services, through
hacking, password mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available through the Services.
Material
Posted/transmitted at www.clubsolitaire.abp.in by the user and /or any third party:
All
information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials (“Content”), whether publicly or privately
transmitted / posted, is the sole responsibility of the person from where such
content is originated (the Originator). By Posting any material which contain
images, photographs, pictures or that are otherwise graphical in whole or in
part ("Images"), you warrant and represent that (a) you are the
copyright owner of such Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of your use and
as otherwise permitted by these Terms of Use and the Services, (b) you have the
rights necessary to grant the licenses and sublicenses described in these Terms
of Use, and (c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of Use, including,
by way of limitation, the distribution, public display and reproduction of such
Images.
You
represent that you have valid rights and title in any and all Content/Images
that you submit on the Site, that you have not infringed on any IPR belonging
to any party and further that you will indemnify ABP Pvt. Ltd or its affiliates
for all claims arising out of any content that you post on the Site.
ABP
Pvt. Ltd. accepts no responsibility for the said Content / Images. However, you
understand that all Content / Images posted by you becomes the property of ABP
Pvt. Ltd. and you agree to grant/assign to ABP Pvt. Ltd. and its affiliates, a
non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content / Images (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed throughout the world”.
Limitations
of Liabilities
Any
transactions relating to sale/purchase of goods or services not directly
offered by ABP Pvt. Ltd. are to be settled inter-se between the parties to such
transaction and all warranties express or implied of any kind, regarding any
matter pertaining thereto, including without limitation the implied warranties
of merchantability, fitness for a particular purpose, and non-infringement are
disclaimed by ABP Pvt. Ltd.
ABP
Pvt. Ltd. merely endeavors to provide a platform where you and other party may
interact, exchange information or carry out sale/purchase transactions on such
terms and in the manner mutually agreed between you and the other party. ABP Pvt.
Ltd. does not have any involvement in the actual transactions between the
buyers and sellers in any way. It is only you, who is entirely responsible for
all the activities, arising out of the transactions of sale/purchase of goods
or services offered by any other party and not ABP Pvt. Ltd. ABP Pvt. Ltd. will
not be liable for any loss that you may incur, while selling or purchasing
goods /services of the third party.
Under
No circumstances will ABP Pvt. Ltd. be held responsible or liable, in any way,
for any content which in Legal opinion is derogatory, threatening, defamatory,
obscene or offensive or offends public sensibilities or morals and shall also
not assume liability for any errors or omissions in any content, or for any
loss or damage of any kind incurred as a result of the use of any content
posted or uploaded on the Site, or any infringement of another's rights,
including intellectual property rights. You specifically agree that ABP Pvt.
Ltd. is not responsible for any content sent using and/or included in ABP Pvt.
Ltd.’s site/service by any third party.
Termination
of Account
ABP
Pvt. Ltd. reserves its right to refuse service, restrict, suspend, terminate
your account; (Terminate this Agreement; Terminate or suspend your access to
the ABP Web Sites; Refuse, move or remove for any reason any Content / Image
that you submit on or through the Services; Refuse, move, or remove any Content
/ Image that is available on or through the Services; Deactivate or delete your
accounts and all related information and files in your account; Establish
general practices and limits concerning use of the Services) at any time and,
remove or edit contents or cancel orders (entered by you) in its sole
discretion with or without cause, and with or without any prior notice for any
violation of the Terms of Use. Upon such termination or suspension, your right
to use the ABP Pvt. Ltd.’s Web Sites will immediately cease.
You
can also terminate your account at any time but your information may remain
stored in archive on our servers even after the deletion or the termination of
your account.
User
Conduct and Obligations
You
hereby agree and assure ABP Pvt. Ltd. that the Site/Services shall be used for
lawful purposes only and that you will not violate laws, regulations,
ordinances or other such requirements of any applicable Central, State or local
government or any other international laws. You further concur that you will
not, through Site/Service:
• Post, distribute, or otherwise make available or transmit any software or
other computer files that contain a virus trojan horses, time bombs, bots,
botnets, malicious content, content theft, data manipulation, threats or any
other harmful programs or elements or component;
• Delete from the Site any legal notices, disclaimers, or proprietary notices
such as copyright or trademark symbols, or modify any logos that you do not own
or have express permission to modify;
• Not use the Site / Service in any manner that could damage, disable,
overburden, or impair and not to undertake any action which is harmful or
potentially harmful to any ABP Pvt. Ltd.’s server, or the network(s), computer
systems / resource connected to any ABP Pvt. Ltd. server, or interfere with any
other party's use and enjoyment of the Site/Service;
• Obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Site/Service;
• Engage in any activity that causes / may harm minors; or
• Perform any activity which is likely to cause such harm;
• Impersonate any person or entity, including, but not limited to, ABP Pvt. Ltd.’s
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
• Take any action which encourages or consists of any threat of harm of any kind
to any person or property;
• Carry out any "denial of service" (DoS, DDoS) or any other harmful
attacks on application or internet service or;
• Make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup,
Mailing List, Chat Facility, or other Internet Forum;
• Use the Site/Service for illegal purposes;
• Disrupt, place unreasonable burdens or excessive loads on, interfere with or
attempt to make or attempt any unauthorized access to any ABP Pvt. Ltd. website
or the website of any ABP Pvt. Ltd.’s customer;
• Transmit through the Site, any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, libelous, hateful, or racially,
ethnically or otherwise objectionable material of any kind or nature. This
includes text, graphics, video, programs or audio, etc;
• Collect or attempt to collect personally identifiable information of any
person or entity without their express written consent and you shall maintain
records of any such written consent throughout the terms of this agreement and
for a period of 2 years thereafter;
• Engage in antisocial, disruptive, or destructive acts, including
"flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly
understood and used on the Internet
• Forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Site.
• Upload, post, email, transmit or otherwise make available any unsolicited or
unauthorised advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
duplicative messages or any other form of solicitation.
• Encumber or suffer to exist any lien or security interest on the subject matter
of this Agreement; or
• Make any representation or warranty on behalf of ABP Pvt. Ltd. You agree not
to post, distribute, transmit or otherwise make available any data, text,
message, computer file, or other material that infringes and/or violates any
right of a third party or any domestic or international law, rule, or
regulation, including but not limited to:
• Infringement of any copyright, trademark, patent, trade secret, or other
proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software;
• Right of privacy (specifically, you must not distribute another person's personal
information of any kind without their express permission) or publicity;
• Any confidentiality obligation.
Unless otherwise permitted, you will: (i) display the Service on your Site in
the exact form received by you, and not modify or edit any of the foregoing
without ABP Pvt. Ltd.’s prior written consent; (ii) ensure that the fundamental
meaning of the Service is not changed or distorted; (iii) comply with all
applicable laws and all limitations and restrictions (if any) placed by ABP
Pvt. Ltd. on the use, display or distribution of any Service and (iv) not
archive any of the Service for access by users at any future date after the
Service has been removed from your Web site. You acknowledge that the service
must link and redirect to the appropriate ABP Pvt. Ltd.’s Web page when a user
clicks on the Service (e.g. a headline). You shall not display the Service in
such a manner that does not allow for successful linking and redirection to,
and delivery of, ABP Pvt. Ltd.’s Web page, nor may you frame any ABP Pvt. Ltd.’s
Web page.
No
Controlling Spam Policy or Unsolicited E-mails
You
will not use any communication tool or other means available on the Site to
transmit, directly or indirectly, any unsolicited bulk communications
(including emails and instant messages). You may not harvest information about
users of ABP Pvt. Ltd. for the purpose of sending or to facilitate the sending
of unsolicited bulk communications. We may terminate your access or use of the
Site immediately, with or without any notice, and take any other legal action
if you, or anyone using your access details to the Site, violates these terms.
We may adopt any technical remedy (including any filtering technology or other
measures) to prevent unsolicited bulk communications from entering, or
remaining within our computer or communication networks. Such filtering technology
or other measures may block, either temporarily or permanently, some e-mail
sent to you through the ABP PVT. Ltd.’s Web Sites.
Disclaimer
of Warranties and Liability
Limitation, the implied warranties of merchantability,
fitness for a particular purpose, workmanlike effort, title and
non-infringement are disclaimed and excluded.
ABP
Pvt. Ltd. and its parent, affiliates and associates shall not be liable, at any
time for any, direct, indirect, punitive, incidental, special, consequential,
damages (including, without limitation, damages for loss of business projects,
damage to your computer system or damages for loss of profits, damages for loss
of use, data or profits, arising out of or in any way connected with the use or
performance of the ABP Pvt. Ltd.’s sites/services, with the delay or inability
to use the ABP Pvt. Ltd.’s sites/services or related services, the provision of
or failure to provide services, or for any information, software, products,
services and related graphics obtained through the ABP Pvt. Ltd.sites/services,
or otherwise arising out of the use of the ABP Pvt. Ltd. sites/services)
arising in contract, tort or otherwise from the use of or inability to use the
Site, or any of its contents, or from any act or omissions a result of using
the Site or any such contents or for any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communications line failure, theft or destruction or
unauthorised access to, alteration of, or use of information contained on the
site. No representations, warranties or guarantees whatsoever are made by ABP
Pvt. Ltd. as to the (a) accuracy, adequacy, reliability, completeness,
suitability or applicability of the information to a particular situation; (b)
that the service will be uninterrupted, timely, secure, or error-free; (c) the
quality of any products, services, content, information, or other material
purchased or obtained from the website will meet your expectations or requirements;
or (d) any errors in the website will be corrected.
All
the contents of this Site are only for general information or use. They do not
constitute advice and should not be relied upon in making (or refraining from
making) any decision. Any specific advice or replies to queries in any part of
the Site is/are the personal opinion of such experts/consultants/persons and
are not subscribed to by this Site. The information from or through this site
is provided on "AS IS" basis, and all warranties and conditions,
expressed or implied of any kind, regarding any matter pertaining to any goods,
service or channel, including without Certain links on the Site lead to
resources located on servers maintained by third parties, these sites of third
party(s) may contain ABP Pvt. Ltd.’s-logo, please understand that it is
independent from ABP Pvt. Ltd., over whom ABP Pvt. Ltd. has no control or
connection, business or otherwise as these sites are external to ABP PVT. LTD.
You agree and understand that by visiting such sites you are beyond the ABP
Pvt. Ltd.’s website. ABP Pvt. Ltd., therefore neither endorses nor offers any
judgement or warranty and accepts no responsibility or liability for the
authenticity, availability, suitability, reliability, accuracy of the
information, software, products, services and related graphics contained, of
any of the goods/services/or for any damage, loss or harm, direct or
consequential or any violation of local or international laws that may be
incurred by your visit and/or transaction/s on these site(s), as the same is
provided on "as is" without warranty of any kind. ABP Pvt. Ltd. gives
no warranty and makes no representation whether expressed or implied, that the
information contained in this site is error free. ABP Pvt. Ltd. shall not be
responsible nor liable for any consequential damages arising on account of your
relying on the contents of the advertisement. Before relying on the material,
users should independently verify its relevance for their purposes, and should
obtain any appropriate professional advice.
Material
Submitted by Users
Certain
elements of the Site will contain material submitted by users. ABP Pvt. Ltd. accepts
no responsibility for the content, accuracy, conformity to applicable laws of
such material. You will indemnify and hold harmless ABP Pvt. Ltd. against all
third party claims, demands and actions brought against ABP Pvt. Ltd. which
arises from or relates to the material submitted by you.
Advertising
Material
Part
of the Site contains advertising information or promotion material or other
material submitted to ABP Pvt. Ltd. by third parties. Responsibility for
ensuring that material submitted for inclusion on Site complies with applicable
International and National law is exclusively on the party providing the
information/material. Your correspondence or business dealings with, or
participation in promotions of, advertisers other than ABP Pvt. Ltd. found on
or through the Website, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. ABP
Pvt. Ltd. will not be responsible or
liable for any claim, error, omission, inaccuracy in advertising material or
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such non- ABP Pvt. Ltd. advertisers on the
Website. ABP Pvt. Ltd. reserves the right to omit, suspend or change the
position of any advertising material submitted for insertion. Acceptance of
advertisements on the Site will be subject to these terms and conditions.
Data
Protection
ABP
Pvt. Ltd. may send information and offer products and services to you from time
to time. For further details relating to our policy relating to such offer
please refer to our privacy statement. Notwithstanding the foregoing, ABP Pvt.
Ltd. reserves the right to disclose any information in response to / that it is
required to be shared, disclosed or make made available to any governmental,
administrative, regulatory or judicial authority under any law or regulation
applicable to ABP Pvt. Ltd.
Further,
ABP Pvt. Ltd. can (and you authorize ABP Pvt. Ltd. to) disclose your name,
street address, city, state, zip code, country, phone number, email, and
company name to Intellectual Property rights owners, as we in our sole
discretion believe necessary or appropriate in connection with an investigation
of fraud, intellectual property infringement, piracy, or other unlawful
activity.
Relationship
None
of the provisions of the User Agreement shall be deemed to constitute a
partnership or agency between you and ABP Pvt. Ltd. and you shall have no
authority to bind ABP Pvt. Ltd. in any manner, whatsoever.
Force
Majeure
ABP
Pvt. Ltd. shall have no liability to you
for any interruption or delay, to access the Site irrespective of the cause.
Indian
Law
The
Agreement shall be governed by the Laws of India. The Courts of law at Kolkata,
West Bengal, India shall have exclusive jurisdiction over any disputes arising
under this agreement.
Entire
Agreement
These
Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter.
Right
to remove inappropriate messages
We
reserve the right to remove any messages we deem to be inappropriate, i.e,
racist, sexist or threatening. Messages using inappropriate language will also
be removed. We do not wish to be censors, but our forums must remain civilized
and respect the rights of others.
Limited
time to bring your claim
You
and ABP Pvt. Ltd. agree that any cause of action arising out of or related to
the ABP Pvt. Ltd.’s web sites, only, must commence within one (1) year after
the cause of action accrues otherwise, such cause of action will be permanently
barred.
Acceptance
of Terms & Conditions
By
using ABP Pvt. Ltd.’s sites and services, you signify your acceptance of this Terms
& Conditions. If you do not agree or are not comfortable with any term described
in this Term & Conditions, your only remedy is to discontinue use of ABP
Pvt. Ltd. sites. We reserve the right, to modify this Terns &
Conditions at any time.
General
Terms
Rights
and obligations under the Terms which by their nature should survive will
remain in full effect after termination or expiration of the Terms.
Any
express waiver or failure to exercise promptly any right under the Terms will
not create a continuing waiver or any expectation of non-enforcement.
If
any provision of the Terms is held invalid by any law or regulation of any
government, or by any court or arbitrator, the parties agree that such
provision will be replaced with a new provision that accomplishes the original
business purpose, and the other provisions of the Terms will remain in full
force and effect.
Notice
of Copyright Infringement
ABP
Pvt. Ltd. is not liable for any infringement of copyright arising out of
materials posted on or transmitted through the site, or items advertised on the
site, by end users or any other third parties. Our policy is to comply with all
Intellectual Property Laws and to act expeditiously upon receiving any notice
of claimed infringement. If you believe that your work has been reproduced on
this website in a manner that constitutes copyright infringement, please
provide a notice of copyright infringement containing all of the following
information:
(a) A
physical or electronic signature of a person authorized to act on behalf of the
copyright owner for the purposes of the complaint.
(b) Identification
of the copyrighted work claimed to have been infringed.
(c) Identification
of the material on our website that is claimed to be infringing or to be the
subject of infringing activity.
(d) The
address, telephone number or e-mail address of the complaining party.
(e) A
statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent or the law.
(f)
A statement, under penalty of perjury,
that the information in the notice of copyright infringement is accurate, and
that the complaining party is authorized to act on behalf of the owner of the
right that is allegedly infringed.
All
notices of copyright infringement should be sent to:
ABP Pvt. Ltd.
www.clubsolitaire.abp.in
ABP
Pvt. Ltd. 6, Prafulla Sarkar St. Kolkata-700001, West Bengal, India
+913322345374
-------------------------------------------------------------------------------------------------------