By accessing http://www.thenewj.com (“Site”), any mobile or internet connected device or otherwise (“the Service”), you have read, understood, agree, and undertake to be legally bound by the terms of the following user agreement:
This Site and Service is owned and operated by [New Emerging World of Journalism Limited] ("the Company") and contains material that is derived in whole or in part from material supplied by the Company, various news agencies, and other sources and is protected by Copyright and Trademark laws (Indian Laws and applicable International Laws). The restrictions on use of the material and content on this Site by the Subscriber are specified below. Except where specifically authorised, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.
The Company shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the Site or Service, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Site, or by electronic mail, or by any other means by which Subscriber obtains notice thereof. Any use of the Site or Service by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
The Company requires that all users/visitors to this site(s) on the World Wide Web (the "Site") adhere to these Terms & Conditions [T&C]. By accessing this Site you/user/visit or automatically confirm your acknowledgment & acceptance of these T&C, which is the agreement between the parties.
A. INFORMATION SUPPLIED BY USERS
By visiting or accessing our Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and can enter, perform, and adhere to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilise the Service of the site, they shall do so only with the involvement and guidance of their parents and/or legal guardians, under such Parent /Legal guardian’s registered account.
You agree to register prior to uploading any content and/or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
Definition of “User” or “You”: means any person who accesses or avails of this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
The Company may add or change or update these terms and conditions from time to time entirely at its own discretion. You are responsible for checking these Terms periodically to remain in compliance with them. Your use of a site after any amendment to the Terms shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
We May Discontinue or Suspend our Site or Terminate Use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice without any liability whatsoever. NEWJ reserves the right to suspend/cancel, or discontinue any or all channels, categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all the content, products, and services contained on the site without prior notice.
NEWJ shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason and to take any other actions that NEWJ, in its sole discretion, believes to be in the interest of our company and of our users.
Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. Hence, all articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all copyright notices / restrictions on our site.
Special Campaign/Competitions/ Cash Prize
Special Campaign/Competitions shall mean contests, sweepstakes, or giveaways to generate leads for the business. The terms and conditions of the Special Campaign/Competitions/ Cash Prize Will be shared at the time of the start of such events.
In the event of any dispute regarding conduct, results and all other matters relating to a Competition, our decision will be final and no correspondence or discussion shall be entered.
NEWJ reserves the right to cancel the Competition or amend the terms and conditions of the Competition without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of NEWJ’s control. Any changes to the competition will be notified to participants as soon as possible by NEWJ.
NEWJ (or any third party nominated by NEWJ) may exercise its sole discretion to use the winner’s and (if applicable) their companion’s name, address, and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
Information and/or data (“personal data”), which is provided by participants when they enter will be held and used by NEWJ and their suppliers and contractors in order to administer the competition. Participants’ personal data may also be passed to their mobile phone network or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non-personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
By entering the special campaigns/competition, each participant agrees and acknowledges that NEWJ and its Related Parties shall not be responsible or liable for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilised in the special campaigns/competition, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with NEWJ; (c) any damage, loss, injury or disappointment suffered by any participant entering the competition or as a result of accepting any prize and; (d) any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.
NEWJ cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of NEWJ. NEWJ will not be liable if all or any part of the service relating to the competition is discontinued, modified or changed in any way.
By participating in the special campaigns/competition, each participant will be legally bound hereby, to release from liability, and hold harmless NEWJ, and any of its employees or agents representing or related to the company and its products/services. This release is for all liability for personal injuries (including death), property loss or damage, and misuse of promotional prize, in connection with any activity or accommodations for this promotion or directly or indirectly, by reason of the acceptance, possession, use, or misuse of the prize or participation in the special campaigns/competition, even if caused or contributed to by our negligence. Once NEWJ has fulfilled the prize distribution as per the special campaigns/competition rules and regulations, no further liability may be held against its employees or agents. You further agree to abide by all special campaigns/competition rules and regulations, as posted with the special campaigns/ competition rules and made available on the company website. Further, you agree to bear all the personal taxation that might arise out of the winnings from this contest and shall not look to NEWJ, and any of its employees or agents for payment of the same and/or any dispute arising from the same.
If any participant does not or is unable to comply with and meet these terms and conditions and the Competition Notice, NEWJ shall be entitled at its sole discretion to disqualify such participant, without any further liability to such participant. In these circumstances, any prize(s) won by the participant may be forfeited and NEWJ reserves the right to reclaim any prize(s) already distributed to the participant. Any participant must comply with any directions given to him or her by NEWJ including but not limited to any and all relevant laws, rules and applicable regulatory codes.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of NEWJ, its parent, affiliates and associates (subject to the rights of our licensors and licensees etc. under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of NEWJ; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site/Service, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of New Emerging World of Journalism Limited and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of New Emerging World of Journalism Limited or such third party which may own the Marks. All information & content including any software programmes available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
New Emerging World of Journalism Limited grants you a limited licence to access and make personal use of this site but not for commercial purposes. We permit the use of materials on this website subject to due credit is given to NEWJ. The use shall also be subject to non-commercial use and limited to personal or academic dissemination (including on social media and use on all kinds of media). Copyright should be acknowledged. Such use should not infringe on the Intellectual Property Rights of any person. When using material on this website, proper attribution to authors and/or copyright holders must be given. User is granted a limited, revocable, and non-exclusive right to create hyperlinks to the home page or any other page of New Emerging World of Journalism Limited so long as any of these links do not portray NEWJ, NEWJ or their podcast or products or services in a false, misleading, derogatory or offensive manner. You may not use NEWJ's logos or proprietary graphics or trademarks as part of the link without express permission.
Restricted Use of Content
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. You may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorised to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright.
NEWJ grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify/alter/change/amend/vary/transform/revise/translate/copy/publish/distribute or otherwise disseminate any content on NEWJ’s Site/Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site/Service either directly or indirectly, except with the express consent of NEWJ, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Sites.
However, you may print or download extracts from these pages for your personal/individual, non-commercial use only provided you keep intact all copyright and other proprietary notices. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal/individual use.
NEWJ forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site/Service; displaying the name, logo, trademark or other identifier of another person (except for www.thenewj.com) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags.
You may not (whether directly or through the use of any software programme) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
Sharing User Details
You hereby agree to indemnify, defend and hold harmless NEWJ and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for: a) any non-compliance by user with the terms and conditions hereof; b) your access and use of NEWJ’ site and service; c) any third party actions related to users receipt and use of the information, whether authorised or unauthorised; or d) defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions.
The Sites include links and pointers to Internet sites, content and services provided by third parties. NEWJ’s linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, NEWJ does not operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on web sites linked to by NEWJ. NEWJ and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
USE OF THE SITES IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY SITES ARE PROVIDED ON “AS IS BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US.
UNDER NO CIRCUMSTANCE WILL NEWJ BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON/THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE OR OTHER CONTENT.
Disclosures, Violation And Termination
NEWJ reserves its right to refuse service, restrict, suspend, terminate your account; Terminate this agreement; Terminate or suspend your access to the NEWJ's Web Sites; Refuse, move, or remove any Content/Image that is available on or through the Services;; Establish general practices and limits concerning use of the Services at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms. Upon such termination or suspension, your right to use the NEWJ's Web Sites will immediately cease.
You can also terminate your account at any time by intimating the same to the "Grievance Officer" but your information may remain stored in archive on our servers even after the deletion or the termination of your account.
NEWJ may retain any information and associated records that are required to be retained or preserved under applicable laws including post termination of your account and irrespective of whether such information or content has been removed or access to it has been disabled.
The Web site is deemed to be published from/at [_______], India (irrespective of where it is accessed from).
NEWJ will not be held responsible for circumstances beyond its control.
NEWJ, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of NEWJ Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, epidemic or pandemic, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions or order or law.
You hereby agree that in respect of all matters/disputes arising out of, in connection with or in relation to this agreement, only the Courts at Mumbai, India shall have jurisdiction, to the exclusion of all other courts.
Any dispute arising out of or in connection with this agreement, including any question regarding its existence, amendment, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration & Conciliation Act, 1996 (as amended from time to time). The arbitration shall be based on “Fast Track Procedure” ("documents only", evidence through affidavits "fast track" arbitration) as mentioned/provided in the Arbitration and Conciliation Act, 1996 (as amended from time to time). The Tribunal shall consist of one (1) arbitrator to be appointed by the Company. The exclusive seat or place of arbitration shall be Mumbai, India and the language of the arbitration shall be English. The Parties to the dispute shall share the costs equally or in proportion as decided by the arbitrator/ arbitral tribunal.
Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via email/post/ courier sent to the appropriate address:
105-106, B Wing, Navbharat Estates, Sewri, Mumbai, Pincode: 400015
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
This Agreement constitutes the entire agreement between NEWJ and you concerning the subject matter hereof. This Agreement, any access to or use of the Website will be governed by the laws of India excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of Mumbai. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. NEWJ may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Any notice given under this shall be in writing to such contact as the parties may notify from time to time and may be emailed to the party specified in this Agreement or such other address as may be notified under this Agreement by that party from time to time for this purpose.
If any part of this arrangement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.
We reserve the right to change these Terms and Conditions at any time, and you agree to be bound by any such changes.
By having your blog published on www.thenewj.com, you have indicated your acceptance of the above terms and conditions.