ii. DESCRIPTION OF SERVICE AND CONTENT POLICY
A. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors such Kattippara Agrichandha is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Kattippara Agrichandha is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
B. You understand that Kattippara Agrichandha does not control, and is not responsible for ads, directory information, information, messages between users, including without limitation e-mails sent from outside Kattippara Agrichandha domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, information and directory information or any other material made available through the Platform and the Service (“Content”), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Kattippara Agrichandha be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Kattippara Agrichandha cannot and does not pre-screen or approve any Content, but that Kattippara Agrichandha has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Kattippara Agrichandha’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to Kattippara Agrichandha. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Kattippara Agrichandha makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Kattippara Agrichandha disclaims all liability thereto.
C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Kattippara Agrichandha an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Kattippara Agrichandha (and its successors’), including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Kattippara Agrichandha in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Kattippara Agrichandha all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, Kattippara Agrichandha may offer the facility of automatically capturing of the “Description” of your listing based on the images uploaded by you. Kattippara Agrichandha makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your listing is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform; and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or Kattippara Agrichandha remove or delete such Content from the Platform. Further, you grant Kattippara Agrichandha the right to make available your Content to any third party in connection with the transaction contemplated in your listing.
D. Kattippara Agrichandha does not endorse any content or any opinion, statement, recommendation, or advice expressed therein, and Kattippara Agrichandha expressly disclaims any and all liability in connection with user Content. Kattippara Agrichandha does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Kattippara Agrichandha may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. Kattippara Agrichandha reserves the right to remove any Content without prior notice. Kattippara Agrichandha may also terminate a user’s access to the Platform, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, Kattippara Agrichandha reserves the right to decide whether any content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
i. that violates any law or regulation;
ii.that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Kattippara Agrichandha all of the license rights granted herein;
iii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
iv.that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
v. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
vi.that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
vii. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
viii. that includes personal or identifying information about another person without that person’s explicit consent;
ix. that impersonates any person or entity, including, but not limited to, an Kattippara Agrichandha employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
x.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xi.that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
xii. that constitutes or contains “pyramid schemes,” “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
xiii. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to Kattippara Agrichandha users who have requested not to be contacted about other services, products or commercial interests;
xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by Kattippara Agrichandha;
xv. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
xviii. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
xix. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
xx. make any libellous or defamatory comments or postings to or against anyone;
xxi. collect personal data about other users or entities for commercial or unlawful purposes;
xxii. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
xxiii. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
xxiv. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
xxv. attempt to gain unauthorized access to computer systems owned or controlled by Kattippara Agrichandha or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
xxvi. use any automated device or software that enables the submission of automatic postings on Kattippara Agrichandha without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
vi. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
Kattippara Agrichandha is not liable for any infringement of intellectual property rights 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.
If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Kattippara Agrichandha together with a request to Kattippara Agrichandha to delete the relevant Content.
vii. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Platform, other than the user Content that you licensed under Section ii(C) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Kattippara Agrichandha, and are subject to copyright. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to Kattippara Agrichandha. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks.
viii. USER SUBMISSIONS
You understand that when using the Platform, you will be exposed to Content from a variety of sources, and that Kattippara Agrichandha is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kattippara Agrichandha with respect thereto.
You agree to defend, indemnify and hold harmless Kattippara Agrichandha, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.
x. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that Kattippara Agrichandha shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Kattippara Agrichandha shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that Kattippara Agrichandha is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Kattippara Agrichandha, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
xi. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that Kattippara Agrichandha may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number or email address through which you have registered. In the event you have more than one account linked through your mobile number or email address, Kattippara Agrichandha reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that Kattippara Agrichandha has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that Kattippara Agrichandha reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice, and that Kattippara Agrichandha shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Kattippara Agrichandha, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Kattippara Agrichandha believes that you have violated these Terms. Further, you agree that Kattippara Agrichandha shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
xii .LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Kattippara AGRICHANDHA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Kattippara AGRICHANDHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE Kattippara AGRICHANDHA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Kattippara AGRICHANDHA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY Kattippara AGRICHANDHA. Kattippara AGRICHANDHA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kattippara Agrichandha without restriction. Any assignment or transfer by you shall be null and void.