Xyngr.com is owned and operated by Hawate Informatics Private Limited. This agreement applies whenever and wherever any person or organisation accesses Xyngr.com or any content from Xyngr.com, regardless of the device or mode of such access. All such persons and / or organisations accessing Xyngr.com or content from Xyngr.com have been referred to as Users hereinafter. Any person who may claim / claims through a User is also included within the scope of the definition of the term User.
Terms and Conditions
1.Content on Xyngr.com
a.Content includes text, video, graphics, audio-visual works, and any other work or material available through, contained in, displayed at, communicated through, reproduced at or by Xyngr.com, and protectable by intellectual property laws such as copyright and / or other laws. Content includes both Xyngr Content and Sourced Content, both of which terms have been defined below.
b.All Content other than advertisements and Sourced Content (as defined below) published on Xyngr.com is the exclusive property of Hawate Informatics Private Limited (hereinafter referred to as the Publisher) unless otherwise explicitly stated, and all such Content has been referred to as Xyngr Content herein.
c.All Content which is not created / developed by the Publisher, including its employees, is referred to as Sourced Content. The ownership of Sourced Content may vest in either the Publisher or the creator / developer of the Sourced Content, depending on the agreement between the relevant creator / developer and the Publisher. Independent of the ownership of the Sourced Content, it is expressly clarified that the content of and opinions expressed in Sourced Content may not be those of the Publisher or its employees / directors / owners / affiliates / associates, and the publication, distribution etc. of Sourced Content on / through Xyngr.com does not indicate that the Publisher and / or any of its employees / directors / owners / affiliates / associates endorse, ratify or agree with the opinions / content contained / expressed therein.
d.The Publisher and its employees / directors / owners / affiliates / associates do not guarantee the accuracy, adequacy for any purpose or completeness of any Content, whether in whole or in part, and disclaim all liability (whether direct or indirect, or pecuniary or otherwise) for any errors or omissions therein, and for any results which may be / are obtained / obtainable in relation to the use of any Content in any manner. Each User agrees to such disclaimer of liability, and agrees that it is reasonable.
e.All Content is made available on an as-is basis with no representations being made as to accuracy, impartiality or fitness for any use. Further, any reliance placed on any Content by any User is placed entirely at the exclusive risk of that User.
f.Under no circumstances may Users modify, or commercially exploit any Content. No personal or proprietary rights including intellectual property rights subsisting in any Content is, at any time or in any manner or in any circumstances, transferred or licensed to any User.
g.Users are not permitted to upload, transmit, distribute or otherwise publish through Xyngr.com any content / such as comments which are defamatory, obscene, pornographic, threatening, invasive of privacy, copyright, publicity rights or any other rights; abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law. In particular, Users are not permitted to upload / post any content on Xyngr.com which is, and / or could be considered to:
(i)belong to another person and to which the User does not have any right;
(ii)be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii)harm minors in any way;
(iv)infringe any patent, trademark, copyright or other proprietary rights;
(v)violate any law for the time being in force;
(vi)deceive or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonate another person;
(viii) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
h.All intellectual property rights subsisting in any content / such as comments posted by any User on Xyngr.com shall be owned exclusively by the Publisher. All intellectual property rights in any content / such as comments posted by any User on to Xyngr.com shall have been assigned to the Publisher in their entirety, worldwide, and for the entire duration of their subsistence at the moment of their being uploaded on to / posted at Xyngr.com, and each User explicitly agrees
(1) to such assignment, and
(2) that they shall not retain any rights of whatsoever nature in any content / such as comments they upload / post on Xyngr.com from the time of such upload / posting, and
(3) that the Publisher shall be free to exploit all such rights in any manner and at any time without any intimation, or payment to the User at any time.
i.The Publisher and / or its employees may refuse to publish or may remove any content / such as comments uploaded / posted by any User on Xyngr.com, at its / their exclusive discretion, and each User agrees that such decision shall be final and binding on them, although, as each User also agrees, no such refusal or removal shall affect the assignment of rights in the refused / removed content / including refused / removed comments.
j.Users may not exploit, sell, distribute, broadcast or transfer any Content, information, software and / or applications accessible through Xyngr.com for any purpose, whether or not commercial, without the explicit prior written approval of the Publisher.
The Publisher shall have the right to modify, novate or substitute the ToS at its exclusive discretion at any time and in any manner, including but not limited to, so as to charge fees for access to Xyngr.com. Such changes, modifications, additions and / or deletions shall be automatically effective 72 hours after notice thereof, which notice may be given by means including but not limited to, posting on Xyngr.com. All such changes, modifications, additions and / or deletions shall be binding on all Users upon coming into effect. The Publisher advises Users to re-visit the Terms of Service’ page at Xyngr.com from time to time to stay abreast of any changes in the ToS.
Users may register on Xyngr.com to create their own accounts on / at Xyngr.com. By registering on Xyngr.com, each User certifies that all information provided by them, at all / any times is / shall be accurate. Xyngr.com reserves the right, in its exclusive discretion, to deny any User access to their account, or services associated with their account, or any portion thereof without notice, in its exclusive discretion, as it deems appropriate for any reason including: (a) any unauthorised access or use of Xyngr.com / any Content by the User; (b) any violation of the ToS including any attempt to assign any rights vesting in the Publisher.
4.Third Party Sites / Ads / Banners
a.Any site not owned by the Publisher is a Third Party Site. Such Third Party Sites may include sites which are linked to from Xyngr.com (i.e. Linked Sites) or which may be otherwise referred to either in the Content (Referred Sites).
b.The Publisher, its employees, directors, owners, associates and affiliates take no responsibility for the content of / on any Third Party Site even if it is a Linked Site or a Referred Site, neither does any link or reference to any Third Party Site on Xyngr.com, in any manner, constitute an endorsement of that Third Party Site by Xyngr.com, the Publisher, or the Publisher’s employees, directors, owners, associates or affiliates.
c.The Publisher, and its employees, directors, owners, associates and affiliates, make no representations or warranties as to whether the information accessible in or via any Third Party Site is accurate, complete, current or otherwise suitable for use or viewing. The Publisher, and its employees, directors, owners, associates and affiliates, explicitly disclaim all warranties, express or implied, including, without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to any Third Party Site and the content available at or through it, and each User agrees to such disclaimer by the Publisher, and its employees, directors, owners, associates and affiliates.
d.The Publisher, and its employees, directors, owners, associates and affiliates, make no representations or warranties as to whether the information provided by any advertiser on Xyngr.com regarding themselves their products / services is accurate, complete, current or otherwise suitable for use or viewing. The Publisher, and its employees, directors, owners, associates and affiliates, explicitly disclaim all warranties, express or implied, including, without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to any advertisement viewable at / through Xyngr.com and with any product / service advertised though Xyngr.com.
5.Additional Disclaimer of Liability
a.Each User explicitly agrees that under no circumstances shall the Publisher and / or its employees, directors, owners, associates and / or affiliates be liable at all for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including, without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if any / all of them has / have been advised of the possibility of such damages or losses, arising out of or in connection with the use of Xyngr.com, its Content, any advertisement viewable at / through Xyngr.com, any product / service related to any advertisement viewable at / through Xyngr.com, or any Third Party Site including any Linked Site or Referred Site.
b.The Publisher, and its employees, directors, owners, associates and / affiliates, do not warrant that Xyngr.com, all / any Third Party Sites and / or the server(s) from which it / they is / are run is / are free of viruses or other potentially harmful codes or that the operation of Xyngr.com, or that any Third Party Site will be accessible without interruption or be error-free, or that defects in / relating to Xyngr.com will be corrected. Users assume total responsibility for establishing, inter alia, procedures for data back up and virus checking.
Each User explicitly agrees to fully indemnify and hold harmless the Publisher and its employees, directors, owners, associates and affiliates from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss, whether or not pecuniary), incurred or suffered by any or all of them, directly or indirectly, by reason of any act of commission or omission directly or indirectly attributable to that User in relation Xyngr.com or any Content.
7.Law, Jurisdiction and Miscellaneous Clauses
a.All Users who choose to access Xyngr.com acknowledge and agree that they do so exclusively at their own risk, of their own volition, and agree that they are responsible for compliance with any and all laws applicable to them in relation to their use of / access to Xyngr.com.
b.Waiver: Failure by the Publisher to insist upon strict performance of any of the provisions of the ToS, or delay in exercising any of its remedies, shall not constitute a waiver of such provisions, or a waiver of any default, or a waiver of the right to any remedy.
c.Merger Clause: This ToS, as is in force, terminates all prior versions of the ToS, if any. Further, it is the entire agreement between the Publisher and the User with respect to its subject.
d.Severability: If any term, condition, or provision in the ToS is found to be invalid, unlawful or unenforceable to any extent, it will be severed from the ToS, and the remainder of the ToS will then continue to be valid and enforceable to the fullest extent permitted by law, unaffected by the severance.
e.In case of non-compliance with the ToS for access to or usage of Xyngr.com or any Content therefrom, the Publisher has the right to immediately terminate the access to or usage of any User in breach of the ToS and / or to remove any non-compliant information / content provided / uploaded by the relevant User. This right of the Publisher is in addition to any other right / remedy which may be available to the Publisher at law.
f.The ToS is governed exclusively by Indian law without reference to its conflict of law principles, and all / any dispute(s) which may arise in relation to Xyngr.com, or in relation to the ToS, are subject to the exclusive jurisdiction of the courts of Mumbai, India. Use of / access to Xyngr.com or any Content is unauthorised and disallowed in any jurisdiction that does not give effect to the ToS.
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