Terms and conditions of User Agreement
PIN-365.com including its, magazines, Tyre Trends and Motoring Trends, newsletters, all news, information, data, images, specifications, reviews, videos, and other content constitutes information and news service (collectively referred to as the “Service”) from Pin 365 (hereinafter referred to as the "Firm" or “Pin 365”).
The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement.
By using the Service you agree to be bound by all of the terms in this Terms and Conditions of Use Agreement (the “Agreement”).
If you do not fully agree with this Agreement, do not use the Service. Your failure to follow this Agreement may result in termination of your access to the Service, without notice and in addition to any other remedies available to the Firm.
By continuing to use our Site, you represent that you
If you do not agree to (or cannot comply with) any of these terms and conditions, do not attempt to access the Site.
The Firm reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.
By accessing or using any Website or Services you also represent that you have the legal authority as per applicable law to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Site or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.
To register for certain Services, you may be required 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 will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You expressly agree to absolve the Firm of any responsibility / liability in this regard.
You may also register for the Services by using your Facebook username and password. Using Facebook Connect may allows us to personalize and enhance your experience while using the Services, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Services (i.e. what you have read, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings. By registering through Facebook, you agree to the Terms stated herein and 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.
Your subscription to the Services in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by the Firm.
The Site and/or the Services are controlled and offered by the Firm from its facilities in the territory of India. The Firm makes no representations that the Site or Services are appropriate or available for use in other locations. If you are accessing or using the Site or Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Site or Services may contain or provide links to content hosted on a website located outside of the India.
To access certain Services, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Firm does not permit any of the following:-
i. Any other person sharing your account and Password;
ii. Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Firm as users of the Site; or
iii. Access through a single account and Password being made available to multiple users on a network.
If the Firm reasonably believes that an account and password is being used / misused in any manner, the Firm shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
The Firm reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Firm’s sole discretion and without any liability to you.
Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Firm immediately of any unauthorized use of your account or any other breach of security.
The Firm 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 the Firm or another party due to someone else using your account or password.
If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address; Firm reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
The availability of content through the Services may change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
By signing up for the Services, you are expressly agreeing that the Firm is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services through the credit card or other payment method accepted by the Firm ("Payment Method") that you provided during registration.
You also understand and acknowledge that the Firm only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like.
You agree and acknowledge that the Firm shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can file a complaint related to payment transfer at Site and the same shall be forwarded to the concerned third party payment gateway provider for redressal.
You may be offered a free trial period at the start of your membership of the Services, solely at the discretion of the Firm. The duration and the terms of the free trial period shall be at the discretion of the Firm and shall be specified during sign up.
Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc.
Billing may automatically commence at the end of the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trial period ends.
All credit/debit cardholders and other payments methods may be subject to validation checks and authorisation by the card issuer/ payment providers. If the issuer of your card or other payment providers refuse or for any reason does not authorise payment to us, whether in advance of or subsequent to, a payment, we will not be liable for any delay or non-processing of payment.
The Site or the Services may contain the links or pointers to other websites but you should not infer or assume that the Firm operates, controls, or is otherwise connected with these other websites. When you click on a link within the Site, the Firm may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website.
You should not rely on these Terms to govern your use of another website.
The Firm is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a Firm affiliated or otherwise connected with the Firm. You acknowledge and agree that the Firm is not responsible or liable to you for any content or other materials hosted and served from any website.
3 CONTENT OWNERSHIP AND LIMITED LICENSE
means Firm, proprietary content, including but not limited to, Firm’s trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.
You may be able to access, review, display or use third-party services, resources, content or information via the Site or the Services.
means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that the Firm allows its users to uploads, posts, flips, compiles or otherwise provided to the Firm via the Site and Services, as applicable.
The Site, Services and the Firm Content is protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, The Firm and its licensors exclusively own all right, title and interest in and to the Site, Services, and the Firm’s Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Firm Content. The firm claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.
Subject to your compliance with the Terms herein, the Firm hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only.
Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
The Firm reserve all rights not expressly granted in and to the Site and/or the Services and the Content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable copyright law.
Any unauthorized use of the Contents or the Services will result in termination of the limited license granted by the Firm and cancellation of your membership. Use of Site or the Services for any unauthorised purpose may result in civil and criminal penalties.
The Firm does not promote, foster or condone the copying of Content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages against you for any such violation.
The information available through the Service is the property of Firm and others and is protected by copyright and other intellectual property laws.
Without the prior written consent of the Firm, you agree not to:
i. Store, post, create a database from or otherwise archive the articles, data, information, images, works or other materials from the Service (the “Content”) on a personal computer, local or wide area networks, online services, electronic bulletin boards or forums, Internet sites or any other server that is Internet-enabled;
ii. Reproduce, retransmit, distribute, sell, publicly display, publish, post to newsgroups or electronic bulletin boards or broadcast the Content received through the Service to anyone, including to others in the same Firm or organization;
iii. Use any Content in competition with the Service (whether or not such use would constitute fair use or is substantially similar to the Content), including without limitation by using such Content as a principal source of a work distributed or displayed in connection with a commercial print- or web-based information source;
iv. Create abstracts from, scrape or display headlines from the Service for use on another web site or service; or
i. Frame, or use other means of redirecting the Service Content.
You may, on an occasional basis, include insubstantial portions of information from the Service in memoranda, reports and presentations, but only if such memoranda, reports and presentations are for non-competitive purposes, to a limited number of individuals. You must include in all such memoranda, reports and presentations the phrase “Reprinted with permission from Pin 365. Copyright [year of article]”. You may also occasionally utilize the “share” and/or “email to a friend” (or similar) features on an article-by-article basis if such features are provided in the Service.
You are solely responsible for your interactions (including any disputes) with other users. You understand that the Firm does not in any way screen Firm users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Firm users. You agree to take reasonable precautions in all interactions with other Firm users, particularly if you decide to communicate with the Firm user offline or meet them in person.
Your use of the Site, Services, Firm Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Firm hereby disclaims any and all liability to you or any third party relating thereto. The Firm reserves the right to contact Firm users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with the Firm to investigate any suspected unlawful, fraudulent or improper activity via the Services.
By making available any User Submissions through the Site and Services, you hereby grant to the Firm and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Firm does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions.
You hereby acknowledge and agree that Firm shall not be liable for any Uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that the Firm reserves the right to not to publish, display the User Submissions or modify, amend or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services.
Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to the Firm the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Firm's use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.
By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content or User Submissions and Firm disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that the Firm: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on the third party websites or User Submissions; and (d) does not make any promises to remove Third-Party Content from being accessed through the Site or the Services.
Part of the Site or the Services may contain advertising information or promotion material or other material submitted to the Firm by third parties. Responsibility for ensuring that material submitted for inclusion on the 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 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. Before relying on any advertising material, you should independently verify its relevance for your purpose and should obtain appropriate professional advice. The Firm shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
It is your responsibility to:
You hereby agree and assure the Firm that the Site and/or the 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 shall not:
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Firm in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Site may permit you to post user submissions including but not limited to reviews of Content available through the Services, comments on such Content etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum. You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which:
You understand and agree that the Firm may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason. More specifically, when you review / rate any Content available on the Services (as per functionality made available on the Site), you give the Firm express rights and consent to display your rating / review in relation to the relevant Content on the Site, including making it available to other members for viewing. If you do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features. These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice. The Firm is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("User Feedback"), including responses to questionnaires or through postings to the Services / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Site, you grant the Firm a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Firm, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User Submissions.
You shall be financially responsible for your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access of the Site under your name or account and absolve the Firm from any liability on this account.
Certain portions of the Service may allow you to post or submit comments, reviews, ideas, or creative content (“User Content”) for use by the Service. The Firm may offer you ways to access and remove your User Content.
You retain all rights and responsibility for the User Content you post.
By posting or submitting such User Content, you represent and warrant that you own or otherwise have sufficient rights to the User Content that you provide, that the User Content is accurate, that it does not violate this Agreement or any applicable law, and that it will not violate the rights of any person or entity.
You further grant us a non-exclusive, royalty-free, perpetual, irrevocable license and right to publicly display, distribute, reproduce, modify, translate, edit, create derivative works and use the User Content throughout the world in any media solely as part of the features of the Service (including as an incidental part of advertising or marketing). This grant of rights and license applies to use of your name, photo, likeness, voice, and other personal information, if included in the User Content.
If you remove the User Content, the Service will discontinue further use of the User Content but may retain copies for archival or backup purposes. Posting of User Content does not influence the Firm’s news coverage but the Firm’s editors may comment on or post notable or interesting User Content and Firm reserves its fair use rights under applicable copyright laws to use User Content in the firm’s news reporting operations.
The Firm reserves the right to delete or edit any of your comments or content at any time, for any reason, but has no obligation to review or remove any such comments or content. We further reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
You agree not to host, display, upload, modify, publish, transmit, update or share any information or User Submissions which:
You understand and agree that the Firm may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.
The Firm reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Firm may do so in its sole discretion.
You also agree that the Firm will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and the Firm suspends or discontinues the Services, the Firm may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Firm may credit additional days of service to your account). However, if the Firm terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
You understand and agree that the Firm provides the Services on 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and the Service. The Service may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. The Firm does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse these views, opinions or recommendations.
No representations, warranties or guarantees whatsoever are made by the Firm whether express or implied and expressly disclaim any and all representations and warranties as to the:
The Firm does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. The Firm, its affiliates, successors, and assigns, and each of their respective investors, , officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Firm have been advised of the possibility of damages. In the event any exclusion contained herein be held to be invalid for any reason and the Firm or any of its affiliate entities, officers or employees become liable for loss or damage, then, any such liability of the Firm or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
You agree to indemnify, defend and hold harmless, the Firm, its affiliates, successors, and assigns, and each of their respective investors, , officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
The firm reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Firm's defense of these claims.
It is your choice whether or not to provide us with personal information. Personal information (or ‘personal data’) means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
The information we may collect from you includes, but is not limited to:
It is important that the personal data we hold about you is accurate and current. Please advise us if your personal information changes during your relationship with us.
We may provide you with the option to select whether you would like to receive information from us by opting in or out of receiving promotional offers. In some circumstances, you will not have the option to opt out, for example, when we are administering a transaction requested by you, or if we are satisfying a legal requirement.
We will only use personal information collected from you for the purposes for which it was collected (or for related purposes), to provide specific services that you request and to provide additional services that may be of interest to you, or in the following circumstances:
Any information or statistics relating to our business that we disclose to others shall not identify you personally. We may, for example, perform statistical analyses of the behaviour of the users of our website in order to measure interest in the various areas of our Site. This information, and any other general information about our users that we share with others, will not contain personal information about you.
We will not, under any circumstances, sell your personal information to anyone else.
Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with by email to email@example.com.
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 any 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:
None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Firm and you shall have no authority to bind the Firm in any manner, whatsoever. This agreement is solely for your and the Firm's benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
We may request permission to send you emails and/or marketing material about our events or publications which we hope you will agree to receive but we will not send any to you without your expressed consent.
You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Firm may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
The Firm has the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities
Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, 'Force Majeure Event' means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Firm, you agree to submit to the exclusive jurisdiction of courts at Mumbai
You and the Firm agree that any cause of action arising out of or related to use of the Site or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
These Terms 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.
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