TERMS AND CONDITIONS
Last updated June 16, 2024
AGREEMENT TO OUR LEGAL TERMS
We are MANUSHER BHASHA ("Company," "we," "us," "our"), a company registered inIndia at Ashirbad Apartment, Netaji Sarani, Nabapally, Barasat, Ashirbad Apartment, NetajiSarani, Nabapally, Barasat, Ashirbad Apartment, Netaji Sarani, Nabapally, Barasat, AshirbadApartment, Netaji Sarani, Nabapally, Barasat, Kolkata, West Bengal 700126.
We operate the website https://www.manusherbhasha.com/ (the "Site"), as well as any otherrelated products and services that refer or link to these legal terms (the "Legal Terms")(collectively, the "Services").
You can contact us by phone at 8016874702, email at manusherbhasha@gmail.com, or bymail to TAKI TALTALA CHAUDHURI BARI, DISTRICT NORTH TWENTY FOURPARGANAS, West Bengal 743429, India.
These Legal Terms constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity ("you"), and MANUSHER BHASHA, concerning youraccess to and use of the Services. You agree that by accessing the Services, you have read,understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREEWITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROMUSING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services fromtime to time are hereby expressly incorporated herein by reference. We reserve the right, inour sole discretion, to make changes or modifications to these Legal Terms at any time andfor any reason. We will alert you about any changes by updating the "Last updated" date ofthese Legal Terms, and you waive any right to receive specific notice of each such change. Itis your responsibility to periodically review these Legal Terms to stay informed of updates.You will be subject to, and will be deemed to have been made aware of and to haveaccepted, the changes in any revised Legal Terms by your continued use of the Servicesafter the date such revised Legal Terms are posted.
All users who are minors in the jurisdiction in which they reside (generally under the age of18) must have the permission of, and be directly supervised by, their parent or guardian touse the Services. If you are a minor, you must have your parent or guardian read and agreeto these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. GUIDELINES FOR REVIEWS
8. ADVERTISERS
9. SERVICES MANAGEMENT
10. PRIVACY POLICY
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
22. MISCELLANEOUS
23. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use byany person or entity in any jurisdiction or country where such distribution or use would becontrary to law or regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access the Servicesfrom other locations do so on their own initiative and are solely responsible for compliancewith local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health InsurancePortability and Accountability Act (HIPAA), Federal Information Security Management Act(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use theServices. You may not use the Services in a way that would violate the Gramm-Leach-BlileyAct (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, includingall source code, databases, functionality, software, website designs, audio, video, text,photographs, and graphics in the Services (collectively, the "Content"), as well as thetrademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various otherintellectual property rights and unfair competition laws) and treaties in the United States andaround the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITEDACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocablelicense to:
access the Services; and
download or print a copy of any portion of the Content to which you have properlygained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services andno Content or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, orotherwise exploited for any commercial purpose whatsoever, without our express priorwritten permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in thissection or elsewhere in our Legal Terms, please address your request to:manusherbhasha@gmail.com. If we ever grant you the permission to post, reproduce, orpublicly display any part of our Services or Content, you must identify us as the owners orlicensors of the Services, Content, or Marks and ensure that any copyright or proprietarynotice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, andMarks.
Any breach of these Intellectual Property Rights will constitute a material breach of our LegalTerms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior tousing our Services to understand the (a) rights you give us and (b) obligations you havewhen you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, orother information about the Services ("Submissions"), you agree to assign to us allintellectual property rights in such Submission. You agree that we shall own this Submissionand be entitled to its unrestricted use and dissemination for any lawful purpose, commercialor otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs,message boards, online forums, and other functionality during which you may create, submit,post, display, transmit, publish, distribute, or broadcast content and materials to us orthrough the Services, including but not limited to text, writings, video, audio, photographs,
music, graphics, comments, reviews, rating suggestions, personal information, or othermaterial ("Contributions"). Any Submission that is publicly posted shall also be treated as aContribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a license (including use of your name,trademarks, and logos): By posting any Contributions, you grant us an unrestricted,unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish,broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (inwhole or in part), and exploit your Contributions (including, without limitation, your image,name, and voice) for any purpose, commercial, advertising, or otherwise, to preparederivative works of, or incorporate into other works, your Contributions, and to sublicense thelicenses granted in this section. Our use and distribution may occur in any media formatsand through any media channels.
This license includes our use of your name, company name, and franchise name, asapplicable, and any of the trademarks, service marks, trade names, logos, and personal andcommercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/orposting Contributions through any part of the Services or making Contributions accessiblethrough the Services by linking your account through the Services to any of your socialnetworking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will notpost, send, publish, upload, or transmit through the Services any Submission nor postany Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene,bullying, abusive, discriminatory, threatening to any person or group, sexually explicit,false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any suchSubmission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that youhave the necessary rights and licenses to submit such Submissions and/orContributions and that you have full authority to grant us the above-mentioned rights inrelation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constituteconfidential information.
You are solely responsible for your Submissions and/or Contributions and you expresslyagree to reimburse us for any and all losses that we may suffer because of your breach of(a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor anyContributions, we shall have the right to remove or edit any Contributions at any time withoutnotice if in our reasonable opinion we consider such Contributions harmful or in breach ofthese Legal Terms. If we remove or edit any such Contributions, we may also suspend ordisable your account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) you have the legal capacity andyou agree to comply with these Legal Terms;
(2) you are not a minor in the jurisdiction inwhich you reside
, or if a minor, you have received parental permission to use the Services;(3) you will not access the Services through automated or non-human means, whetherthrough a bot, script or otherwise; (4) you will not use the Services for any illegal orunauthorized purpose; and (5) your use of the Services will not violate any applicable law orregulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we havethe right to suspend or terminate your account and refuse any and all current or future use ofthe Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we makethe Services available. The Services may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile,directly or indirectly, a collection, compilation, database, or directory without writtenpermission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of theServices, including features that prevent or restrict the use or copying of any Contentor enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harmanother person.
Make improper use of our support services or submit false reports of abuse ormisconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or othermaterial, including excessive use of capital letters and spamming (continuous postingof repetitive text), that interferes with any party’s uninterrupted use and enjoyment ofthe Services or modifies, impairs, disrupts, alters, or interferes with the use, features,functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send commentsor messages, or using any data mining, robots, or similar data gathering and extractiontools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as apassive or active information collection or transmission mechanism, including withoutlimitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, orother similar devices (sometimes referred to as "spyware" or "passive collectionmechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks orservices connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged inproviding any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict accessto the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML,JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverseengineer any of the software comprising or in any way making up a part of theServices.
Except as may be the result of standard search engine or Internet browser usage, use,launch, develop, or distribute any automated system, including without limitation, anyspider, robot, cheat utility, scraper, or offline reader that accesses the Services, or useor launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose of sendingunsolicited email, or creating user accounts by automated means or under falsepretenses.
Use the Services as part of any effort to compete with us or otherwise use the Servicesand/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.
5. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards,online forums, and other functionality, and may provide you with the opportunity to create,submit, post, display, transmit, perform, publish, distribute, or broadcast content andmaterials to us or on the Services, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewable by other users of the Servicesand through third-party websites. As such, any Contributions you transmit may be treated asnon-confidential and non-proprietary. When you create or make available any Contributions,you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will not infringethe proprietary rights, including but not limited to the copyright, patent, trademark, tradesecret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents,releases, and permissions to use and to authorize us, the Services, and other users ofthe Services to use your Contributions in any manner contemplated by the Servicesand these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiableindividual person in your Contributions to use the name or likeness of each and everysuch identifiable individual person to enable inclusion and use of your Contributions inany manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other forms ofsolicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of thoseterms) any other person and to promote violence against a specific person or class ofpeople.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, orotherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race,national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, anyprovision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and mayresult in, among other things, termination or suspension of your rights to use the Services.
6. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services
, you automatically grant, and yourepresent and warrant that you have the right to grant, to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt(in whole or in part), and distribute such Contributions (including, without limitation, yourimage and voice) for any purpose, commercial, advertising, or otherwise, and to preparederivative works of, or incorporate into other works, such Contributions, and grant andauthorize sublicenses of the foregoing. The use and distribution may occur in any mediaformats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,and includes our use of your name, company name, and franchise name, as applicable, andany of the trademarks, service marks, trade names, logos, and personal and commercialimages you provide. You waive all moral rights in your Contributions, and you warrant thatmoral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all ofyour Contributions and any intellectual property rights or other proprietary rights associatedwith your Contributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Services. You are solely responsible foryour Contributions to the Services and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwisechange any Contributions; (2) to re-categorize any Contributions to place them in moreappropriate locations on the Services; and (3) to pre-screen or delete any Contributions atany time and for any reason, without notice. We have no obligation to monitor yourContributions.
7. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting areview, you must comply with the following criteria: (1) you should have firsthand experiencewith the person/entity being reviewed; (2) your reviews should not contain offensiveprofanity, or abusive, racist, offensive, or hateful language; (3) your reviews should notcontain discriminatory references based on religion, race, gender, national origin, age,marital status, sexual orientation, or disability; (4) your reviews should not contain referencesto illegal activity; (5) you should not be affiliated with competitors if posting negative reviews;(6) you should not make any conclusions as to the legality of conduct; (7) you may not postany false or misleading statements; and (8) you may not organize a campaign encouragingothers to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely noobligation to screen reviews or to delete reviews, even if anyone considers reviewsobjectionable or inaccurate. Reviews are not endorsed by us, and do not necessarilyrepresent our opinions or the views of any of our affiliates or partners. We do not assumeliability for any review or for any claims, liabilities, or losses resulting from any review. Byposting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,fully paid, assignable, and sublicensable right and license to reproduce, modify, translate,transmit by any means, display, perform, and/or distribute all content relating to review.
8. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas ofthe Services, such as sidebar advertisements or banner advertisements. We simply providethe space to place such advertisements, and we have no other relationship with advertisers.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations ofthese Legal Terms; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Legal Terms, including without limitation, reporting suchuser to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,restrict access to, limit the availability of, or disable (to the extent technologically feasible)any of your Contributions or any portion thereof; (4) in our sole discretion and withoutlimitation, notice, or liability, to remove from the Services or otherwise disable all files andcontent that are excessive in size or are in any way burdensome to our systems; and (5)otherwise manage the Services in a manner designed to protect our rights and property andto facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy: https://www.manusherbhasha.com/p/privacy-policy.html. By using the Services,you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.Please be advised the Services are hosted in India. If you access the Services from anyother region of the world with laws or other requirements governing personal data collection,use, or disclosure that differ from applicable laws in India, then through your continued useof the Services, you are transferring your data to India, and you expressly consent to haveyour data transferred to and processed in India.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVETHE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDINGWITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, ORCOVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICESOR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registeringand creating a new account under your name, a fake or borrowed name, or the name of anythird party, even if you may be acting on behalf of the third party. In addition to terminating orsuspending your account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any timeor for any reason at our sole discretion without notice. However, we have no obligation toupdate any information on our Services. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change, revise,update, suspend, discontinue, or otherwise modify the Services at any time or for any reasonwithout notice to you. You agree that we have no liability whatsoever for any loss, damage,or inconvenience caused by your inability to access or use the Services during any downtimeor discontinuance of the Services. Nothing in these Legal Terms will be construed to obligateus to maintain and support the Services or to supply any corrections, updates, or releases inconnection therewith.
13. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India.MANUSHER BHASHA and yourself irrevocably consent that the courts of India shall haveexclusive jurisdiction to resolve any dispute which may arise in connection with these LegalTerms.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related tothese Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either youor us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attemptto negotiate any Dispute (except those Disputes expressly provided below) informally for atleast thirty (30) days before initiating arbitration. Such informal negotiations commence uponwritten notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any questionregarding its existence, validity, or termination, shall be referred to and finally resolved by theInternational Commercial Arbitration Court under the European Arbitration Chamber(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as aresult of referring to it, is considered as the part of this clause. The number of arbitrators
shall be two (2). The seat, or legal place, or arbitration shall be Kolkata, India. The languageof the proceedings shall be Bengali. The governing law of these Legal Terms shall besubstantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall be joined with anyother proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf of the general publicor any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce orprotect, or concerning the validity of, any of the intellectual property rights of a Party; (b) anyDispute related to, or arising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegalor unenforceable, then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Dispute shall bedecided by a court of competent jurisdiction within the courts listed for jurisdiction above, andthe Parties agree to submit to the personal jurisdiction of that court.
15. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies,or omissions, including descriptions, pricing, availability, and various other information. Wereserve the right to correct any errors, inaccuracies, or omissions and to change or updatethe information on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREETHAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLESTEXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENTOF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WEWILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOURACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO ORUSE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATIONAND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGHTHE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILLNOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTSOR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGHANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENTAND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLETO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROMYOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,and all of our respective officers, agents, partners, and employees, from and against anyloss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,made by any third party due to or arising out of:
(1) your Contributions; (2) use of theServices; (3) breach of these Legal Terms; (4) any breach of your representations andwarranties set forth in these Legal Terms; (5) your violation of the rights of a third party,including but not limited to intellectual property rights; or (6) any overt harmful act toward anyother user of the Services with whom you connected via the Services. Notwithstanding theforegoing, we reserve the right, at your expense, to assume the exclusive defense andcontrol of any matter for which you are required to indemnify us, and you agree to cooperate,at your expense, with our defense of such claims. We will use reasonable efforts to notifyyou of any such claim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managingthe performance of the Services, as well as data relating to your use of the Services.Although we perform regular routine backups of data, you are solely responsible for all datathat you transmit or that relates to any activity you have undertaken using the Services. Youagree that we shall have no liability to you for any loss or corruption of any such data, andyou hereby waive any right of action against us arising from any such loss or corruption ofsuch data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agree that allagreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Services, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirementsunder any statutes, regulations, rules, ordinances, or other laws in any jurisdiction whichrequire an original signature or delivery or retention of non-electronic records, or to paymentsor the granting of credits by any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or inrespect to the Services constitute the entire agreement and understanding between you andus. Our failure to exercise or enforce any right or provision of these Legal Terms shall notoperate as a waiver of such right or provision. These Legal Terms operate to the fullestextent permissible by law. We may assign any or all of our rights and obligations to others atany time. We shall not be responsible or liable for any loss, damage, delay, or failure to actcaused by any cause beyond our reasonable control. If any provision or part of a provision ofthese Legal Terms is determined to be unlawful, void, or unenforceable, that provision or partof the provision is deemed severable from these Legal Terms and does not affect the validityand enforceability of any remaining provisions. There is no joint venture, partnership,employment or agency relationship created between you and us as a result of these LegalTerms or use of the Services. You agree that these Legal Terms will not be construed againstus by virtue of having drafted them. You hereby waive any and all defenses you may havebased on the electronic form of these Legal Terms and the lack of signing by the partieshereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive further informationregarding use of the Services, please contact us at:
MANUSHER BHASHA
TAKI TALTALA CHAUDHURI BARI
DISTRICT NORTH TWENTY FOUR PARGANAS, West Bengal 743429
India
Phone: 8016874702
manusherbhasha@gmail.com