To gain access to various portions of the Website or to avail the services of this Website, you must register as a member by completing the applicable registration form. You represent and warrant that the information provided by you during the registration process is true, current and complete in all respects. It is further your responsibility to keep such information current and updated at all times. During registration you would be required to provide a USER ID and PASSWORD. You agree that the USER ID is for your personal use and is non-transferable. Registration on this Website is limited to persons who are of the age of majority and are eligible to enter into contracts under applicable law. The Website reserves the right to reject any request to register as a member of the Website, or suspend an already registered member, in the event it determines at its sole discretion that any of the terms of this User Agreement have been violated or stand to be violated. In addition to the above, the Website may terminate a user's access at any time for any reason. The provisions regarding fees and payments, disclaimers, no warranty, indemnification, choice of law and jurisdiction and arbitration shall survive such termination. Access to the Website may also be monitored.
- Website Contents
Given the nature of the Website and its services, some of the content in the Website may be provided by third parties (including for example messages on user boards, user feedbacks, interactions with other members, IPR and related information such as summaries etc.). The Website is not responsible for the content of any third party data, nor is it responsible for the completeness or accuracy of any such data. In certain instances, users of the Website may be allowed to add their own content to the site, which may be accessed by other users. Such content is solely the responsibility of the party providing the content. The Website is not responsible in any way for such data, and it does not review such content in any way, including, without limitation, screening such content for the presence of computer viruses. Any content present on the Website, including code, software, text, images, graphics, video and audio, that has not been provided by a third party is the exclusive property of the Website and its owners. You acknowledge that the content owned by the Website as well as any content or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by our services, its advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No such material, including content available through our services and its associated sites may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from the Website. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
- Third Party IPR and Services
Third parties provide many of the IPR and services that are available via the Website. The Website is not responsible for the content of any of these third party IPR or services and any related information, nor is it responsible for their completeness or accuracy. While the Website believes that any such third party content is posted in good faith, you are responsible for verifying the accuracy of such information as part of your discussions with other parties. The purchase of any of these IPR or services may be subject to additional terms and conditions described at the location where you make your purchase. You should familiarize yourself with any such terms and conditions before purchasing any of these IPR or services.
- User Content
- General Restrictions
You agree not to upload, post or transmit to or distribute or otherwise publish through the Website any information and materials: (1) in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise), (2) to restrict or inhibit any other user from using our services, (3) that are unlawful, inappropriate, threatening, abusive, defamatory, infringing, obscene, profane, vulgar, offensive, and pornographic, (4) that constitute or encourage conduct that would constitute a criminal offence, give rise to civil or criminal liability or otherwise violate any law, (5) that violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, (6) that contain viruses or any other harmful component or is designed to interfere with the proper working of the Website, (7) that constitute or contain false or misleading indication of origin or statements of facts.
You are solely responsible for the content of your information, and the Website acts merely as a conduit for its distribution and publication. However, the Website reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion (including editing minor typographical problems and removal) if the Website believes information you provide is inappropriate for the Website or other services, may create liability for the Website or its owners, or may cause the Website to lose (in whole or in part) the services of its Internet Service Providers or other suppliers.
- Listing Terms
In addition to all other terms contained herein, the following section explains the terms regarding IPR listings on the Website:
- in the event you are submitting your IPR for listing on the Website as an individual person, you warrant and represent that:
- you are the true and rightful owner of such IPR,
- that your ownership of the IPR is not in dispute in any court, tribunal or other forum anywhere in the world,
- that you control all of the rights to your IPR listing, and that the information you submit is true and accurate in all respects and shall be updated and current at all times.
- in the event the owner of the IPR is a company or organization other than an individual person, you represent and warrant that you are the authorized representative of such company/organization which owns the IPR, that you have been legally authorized by such company/organization to submit and display the IPR and related information, and that the IPR and information you submit is true and accurate and shall be updated and current at all times.
- you agree that your IPR listing is intended for public display on the Website and you also undertake and agree to provide a true and accurate summary of your idea, invention, patent or other IPR for posting on the Website.
- you undertake sole responsibility for the content of all the IPR and related information (in any form whatsoever) provided by you for posting on the Website as part of the IPR listing or otherwise and shall be solely responsible for any claims or liabilities that arise due to your content. You also agree to indemnify the Website against any and all claims or liabilities that the Website or its owners may face on account of posting your content, IPR and related information on the Website.
- you agree that you are responsible for the transfer of ownership of your IPR when you are dealing with a buyer and that you are responsible for compliance with all applicable laws and regulations and the Website or its owners will not be involved in such transactions. The Website reserves the right to decide whether, where, and how an IPR listing is listed on the Website. If the Website accepts your IPR for inclusion on its site, the Website will consider your preferences, but reserves the right to list your IPR in any category or subcategory as the Website deems appropriate, in its sole discretion. To accept, review, post, remove or cancel any information and listing is within the sole discretion of the Website and its owners.
- Ownership and Display Rights
The Website does not claim ownership of any IPR or related information (such as IPR summary etc.) supplied by you for listing on the Website, however by entering into this User Agreement you hereby perpetually, unconditionally and irrevocably authorize and licence the Website and its owners to publish and display publicly throughout the world, without incidence of any royalty or other payment in lieu of royalty from the Website, the IPR and other related information submitted by you.
You are solely responsible for the content of the information you provide to us during the membership sign up or listing process. While the Website might offer additional services, such as valuation services etc., it is not involved nor does it play a role in any transaction between you and the person listing the IPR, that is, the buyers and the sellers. If you choose to contact one of the people listing IPR on the Website, you acknowledge that the Website makes no representations or warranties concerning that IPR or the person listing the IPR. The Website has no control over the quality, safety or legality of the IPR listed on the Website, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy items listed here. You are responsible to verify the accuracy of such information as part of your negotiations with the buyer or seller. The Website is not involved in whatever transactions you may have with the owner of any IPR, or other third parties selling products or services on their web sites. Consequently, in the event you have a dispute with one of these persons, you release the Website (and our officers, directors, employees, agents and subsidiaries) from any and all claims, demands and damages of any kind, known or unknown, actual or consequential, arising out of or connected in any way with such disputes.
The Website recommends you obtain independent business and legal advice before entering into any transaction involving or related to IPR. The Website does not offer or provide business or legal advice and nothing on the Website is intended to offer or provide such advice. The Website specifically disclaims any liability to you or any third party arising out of or related to any reliance by you or any third party upon data or information on the Website as constituting business or legal advice.
- Fees and Payments
The Website may offer both fee based and free services at its discretion details of which shall be posted on the Website. The Website may from time to time charge a fee for registration, listing IPR, completing a sale/purchase of IPR etc. as per the details posted on the Website. The decision to charge a fee for a particular service/activity or offer the same for free shall be at the Website's sole discretion and Website reserves the right to charge for a service which was previously offered for free or vice versa. All details of the fees and charges for various services, including any additional terms and conditions governing the same, shall be posted at relevant locations on the Website and you agree to abide by the same in letter in spirit and in good faith. You agree to pay the required fee (including any and all applicable taxes, charges, cesses etc. levied thereon) in the method stipulated on the Website when you opt to use a fee-based service. Given the nature of the Website which allows you (depending on the level of your membership) to access the information of various other registered buyers and sellers on the Website, it may be possible for you to conclude a buying or selling transaction offline ("Offline Transaction"). You agree, without exception, to inform the Website in the event you finalise any buying or selling transaction, including any Offline Transaction, based on information accessed by you or made available to you through the Website, and to pay without demur, protest or delay the requisite fee that may be chargeable by the Website upon the same as consideration for the services rendered by the Website. In the event you default in paying the required fee (including for Offline Transactions for which a fee has been stipulated) or breach any other payment term, in addition to revoking your registration and removing your IPR listing (if any) the Website reserves the right to institute legal proceedings against you for the recovery of the default amounts with interest, compensation and damages as may be necessary.
You must submit a valid credit card number or use one of other Website payment methods. If you use a credit card, you agree that your credit card will be charged the current non-refundable fee. You authorize the Website and its credit card processing firm to verify your available credit on your credit card at the time you make your payment. You authorize the Website and its credit card processing firm to charge your credit card for up to the amount of the fee at the time you are approved to make your payment.
The Website may permit, depending on the level of your membership, interaction with other members on the Website in order to facilitate transactions among buyers and sellers. Thus, the Website may allow you to access other members' contact information. The Website reserves the right to monitor your usage of the Website and share your information with other users registered on the Website for the purpose of facilitating buying and selling IPR on the Website. You agree that you will use such information solely for communication pertaining to the Website and its services or any other purpose that such member agrees to after proper disclosure of the purpose, but not for communicating unsolicited messages - commercial or otherwise. You agree that under no circumstances (except as defined in this section), can you disclose personally identifiable information about another member to any third party without the consent of the Website and the consent of such member after proper disclosure. You agree that you will not add any Website member to your email or physical mailing list without their consent after adequate disclosure. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages of the Website or its content without our prior expressed written permission.
The Website may use the information supplied by you during registration to contact you during business hours in relation to its validation services (only in the event you have opted for the same), and you expressly agree that this shall neither amount to unsolicited communication by the Website nor a violation of your privacy.
- Damage or Loss
The Website and its owners shall have no responsibility for any damage to your computer system or loss of data that results from the download of any IPR, content, materials or information from the Website.
The Website may change or discontinue any aspect of the site at any time, including, its content or features. The Website reserves the right to change the terms and conditions applicable to use of the Website. Such changes shall be effective immediately upon notice, which shall be placed on the Website.
In no event will the Website or its owners be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information), whether based on contract, tort, negligence, strict liability or otherwise, arising out of the use of or inability to use the Website, or any IPR, content or other information provided on the Website, any claim attributable to errors, omissions or other inaccuracies in any IPR, products or services or interpretations thereof. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless the Website, its owners and any of its directors, officers, agents and employees from and against any and all claims and all expenses, liabilities, assessments, losses, costs or damages, including reasonable attorneys' fees, resulting from or arising out of or related to (i) any misuse by you of the content and services provided on the Website (ii) any breach by you of any term or condition of this User Agreement or (iii) your engagement in any transactions on or use of the Website including, without limitation, any disputes between you and another user or any other party and any other claims arising out of or in any way connected with any transactions conducted via the Website.
- No Warranty
The Website and its owners make no warranty that: (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any services offered through the Website will be accurate or reliable.
THE WESBITE DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY IPR, SOFTWARE, TECHNOLOGY, INFORMATION, DATA, STATEMENTS OR PRODUCTS MADE AVAILABLE ON THE SITE.
THE WEBSITE, AND ALL CONTENT, IPR, MATERIALS, INFORMATION, SOFTWARE, TECHNOLOGY, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WESBITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your right to privacy is of paramount importance to the Website. Except to the extent necessary to facilitate or carry out any transaction of buying and selling IPR on the Website and without prejudice to the contents of Section 8, information provided by you will not be shared with any third party. The Website reserves the right to use the information to provide you a more personalized online experience.
The Website provides links to other sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. You agree that the Website is not responsible for the availability of, and content provided on, third party web sites. You are requested to peruse the policies posted by other web sites regarding privacy and other topics before use. The Website is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and you shall bear all risks associated with the use of such content. The Website is not responsible for any loss or damage of any sort that you may incur from dealing with any third party.
- Independent Parties
The relationship of the Website and its owners with you is that of independent contractors, and no agency, partnership, joint venture, employment or other similar relationship is intended or created by your acceptance of the terms of this User Agreement or the use of the Website.
- Choice of Law and Jurisdiction
The laws of the India will govern this User Agreement, notwithstanding any principles of conflicts of law. Use of our services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Subject to Section 18 below, the courts located in Bangalore, India shall have the personal and exclusive jurisdiction to settle any dispute arising under this User Agreement. If for any reason a court of competent jurisdiction finds any provision of these terms or portion thereof, to be unenforceable, that provision shall be enforced to maximum extent permissible so as to effect the intent of the terms and conditions, and the remainder of the terms and conditions shall be enforced. No provision of these terms and conditions shall be construed against the owners of the Website but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects thereof.
You agree that any dispute or claim arising out of or relating to this User Agreement or our services shall be settled by binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Bangalore, India. The proceedings of arbitration shall be in English language.