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QAI TERMS
OF USE
Unless otherwise specifically stated QAI India Ltd ("QAI")
owns and operates the QAI Websites (together, the "Site")
on behalf of itself and its subsidiaries around the world to provide
information and online services to its users. The following is a
legal agreement ("Agreement") between QAI and you governing
your access to and use of the Site. By accessing or using the Site
you acknowledge that you have read, understood, and agree to be
bound by this Agreement without limitation or qualification.
1. Updates
QAI reserves the right to post additional terms and conditions that
apply to specific Site areas. These area-specific terms and conditions
are incorporated into the Agreement. QAI also reserves the right
to alter this Agreement at any time by posting the amended Agreement
on the Site. Certain provisions of this Agreement may be superseded
by expressly designated legal notices or terms located on particular
pages at the Site. This Agreement was last revised on August 5,
2004.
2. Copyright
Nothing contained in the Site shall be construed as conferring by
implication, estoppel, or otherwise, any license or right to any
copyright, patent, trademark or other proprietary interest of QAI
or any third party. You agree to comply with all copyright laws
in your use of the Site and to prevent any unauthorized copying
of the Site and its contents. The copyright in all material provided
on the Site is held by QAI or its licensors or by the original creator
of the material. The Site and the content provided in the Site,
including, but not limited to, graphic images, audio, video, html
code, buttons, and text, may not be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, without
the prior written consent of QAI, except that you may download,
display, one copy of the materials on any single computer and print
out copies of content from the Site solely for your personal, non-commercial
use, provided that you do not modify the material in any way and
you keep intact all copyright, trademark, and other proprietary
notices and provided that you do not publish, copy or otherwise
re-transmit what you have printed out from the Site. You may not
"mirror" or "frame" any material contained on
the Site without QAI's express prior written permission.
If you believe
that there is any content on the Site that infringes your copyrighted
work, kindly contact QAI and provide the following information:
(b) a description of the copyrighted work that you claim has been
infringed;
(c) a description of where the material that you claim is infringing
is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
(f) a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
3. Posting
and Submissions
You agree not to post or submit on the Site, any material that:
(a) infringes or may infringe on anyone else's copyright, trade
secret, trademark, or other intellectual property rights;
(b) violates or may violate others' privacy or publicity rights;
(c) is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another party;
(d) impersonates another person; or
(e) breaches any obligations of confidentiality or any other contractual
obligation you may owe to any third parties.
Unless expressly
stated otherwise herein, any information submitted by you through
the Site shall be deemed non-confidential and non-proprietary. You
represent that you have the lawful right to submit such information
and agree that you will not submit any information unless you are
legally entitled to do so. Without a clear business relationship,
QAI assumes no obligation to treat any submissions in confidence
or to compensate you for its disclosure or use. You accordingly
agree that any unauthorized idea submissions made to QAI through
this website are at your own risk and QAI may develop, use and freely
disclose or publish similar ideas without compensating you or accounting
to you.
You further
agree not to submit any materials that contain viruses, Trojan horses,
worms, time bombs, cancelbots, or other computer programming routines
or engines that are intended to damage, detrimentally interfere
with, surreptitiously intercept, or expropriate any system, data,
or information. You may not try to gain unauthorized access to the
Site, other accounts, computer systems or networks connected to
the Site through hacking, password mining, or any other means. You
agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy pages of the Site or the content
contained on it without our express prior written permission.
QAI reserves the right to monitor, edit, or remove any content from
the Site that violates this Agreement.
4. Limitation
Of Warranty
The information provided on the Site is free of charge and for informational
purposes only and does not create a business or professional services
relationship between you and QAI. The Site may contain inaccuracies
or typographical errors. Any use you make of the information provided
on the Site, or any site or service linked to by the Site, is at
your own risk.
The Site and its contents are provided "as is" and QAI
makes no representation or warranty of any kind express, implied,
or statutory, with respect to the Site including as to accuracy,
reliability, completeness, or timeliness of the content or materials
included on the Site or as to the operation of any service accessible
through the Site. QAI expressly disclaims all express and implied
warranties including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose, title, and
non-infringement. QAI does not warrant that the Site, its servers,
or e-mail sent from the Site are free of viruses or other harmful
components. Any material that you download through the Site will
be at your own risk, and you will be solely responsible for any
damage to your computer system or loss of data that results from
the download of any such material. No advice or information, whether
oral or written, obtained by you from QAI, shall create any warranty
not expressly stated in this Agreement.
5. Limitation
On Liability
In no event will QAI be liable to any party for any direct, indirect,
incidental, special, exemplary, consequential, or other damages
(including, but not limited to, lost profits, business interruption,
loss of programs or data) without regard to the form of action and
whether in contract, tort, negligence, strict liability, or otherwise,
arising out of or in connection with a) the Site, including any
content on or accessed through the Site or any service linked to
it, or any copying, displaying, or the use or the inability to use,
any delay in, or the performance of the Site or any service accessible
through the Site; (b) Unauthorized access to or alteration of your
submission or data to the Site; or (c) statements or conduct of
any third party on the Site;
6. Links
Links on the Site may lead to services or sites not operated by
QAI. QAI makes no representations or warranty with respect to such
other services or sites and QAI takes no responsibility for such
other sites or services. The policies at other sites, which are
owned and operated by third parties, will govern such sites and
may be different from this Agreement. A link to another site or
service is not an endorsement of that site or service nor that it
is legally authorized to use any trademark, trade name, logo, or
copyright symbol displayed in or accessible through the links, or
that any linked site is authorized to use any trademark, trade name,
logo, or copyright symbol of QAI.
7. Termination
You agree that QAI, in its sole discretion and without notice, may
terminate your password, account (or any part thereof), or access
to or use of the Site or any portion thereof, and remove and discard
any content within the Site, or discontinue hosting the Site, or
any part of it, temporarily or permanently at any time and for any
reason, including, without limitation, if QAI believes that you
have violated or acted inconsistently with this Agreement. You agree
that QAI shall not be liable to you or any third party for any termination
of your access to the Site or for any modification, suspension,
or discontinuation of the Site.
8. Trademarks
The QAI name, the QAI logo, QAI eSchool and other trademarks, service
marks, and logos (the "Trademarks") used and displayed
on the Site are trademarks of QAI or its licensors. Nothing on the
Site shall be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any Trademark displayed on
the site without our express prior written permission. QAI prohibits
the use of the Trademarks as part of a link to or from any site
unless approved in advance by QAI in writing. You may not use any
metatags or any other hidden text utilizing any QAI domains, or
other Trademarks without our express prior written consent.
9. General
Governing law; Jurisdiction. The laws of the India govern this Agreement
in all respects, without regard to its conflicts of law rules. You
expressly agree that exclusive jurisdiction over any dispute arising
from your use of the Site or lies in the courts of New Delhi.
Indemnification. You hereby agree to indemnify, defend, and hold
harmless QAI and its officers, directors, shareholders, agents,
subsidiaries, affiliates, customers, suppliers, service providers,
and employees from and against all claims, demands, and damages
(including actual and consequential), of every kind and nature whether
known or unknown arising out of or relating to:
(a) your posting of any content on, or your use of the Site in violation
of this Agreement;
(b) any other breach of this Agreement by you; or
(c) your violation of any law or the rights of a third party.
Severability. If any provision of this Agreement is declared invalid
or unenforceable, such provision shall be struck from the Agreement
and the remaining provisions shall be given full force and effect.
10. International
Users
Access to the Site from territories where the Site's contents are
illegal is prohibited. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of this Agreement and
conditions, including this paragraph. Your conduct may be subject
to other laws. You are responsible for complying with the laws of
the jurisdiction from which you are accessing the Site and agree
that you will not access the Site in violation of such laws.
By accessing
and using this Site you agree to this Agreement.
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