TERMS AND CONDITIONS
Last updated
January 10, 2024
AGREEMENT
TO OUR LEGAL TERMS
We are DBS
PUBLICATION
(
"Company," "we," "us,"
"our")
, a company registered in
India
at 498, Naveen Basti
Kanhasaiya, Near New Transport Nagar
, Near
New Transport Nagar
, Bhopal
, Madhya Pradesh
462022
.
We operate the
website
https://dbspublication.shop/
(the "Site")
, as well as any other related products
and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
DBS PUBLICATION - BookStore is an online Discovering great
books website filled with the latest and best selling Books.
You can contact us by email
at __________
or by mail to
498, Naveen Basti Kanhasaiya, Near New Transport Nagar
, Near New
Transport Nagar
,
Bhopal
, Madhya
Pradesh
462022
,
India
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you"), and
DBS PUBLICATION , concerning your access 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 AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any
changes by updating the "Last updated"
date of these Legal Terms,
and you waive any right to receive specific notice of each such change. It
is 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 have accepted, the changes in any revised Legal Terms
by your continued use of the Services after the date such revised Legal
Terms are posted.
All
users who are minors in the jurisdiction in
which they reside (generally under the age of
18) must have the permission of, and be directly
supervised by, their parent or guardian to use
the Services. If you are a minor, you must have
your parent or guardian read and agree to 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
The information provided when using the Services is
not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary 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 Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs,
and graphics in the Services (collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties
in the United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the "PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable,
revocable license to:
-
access the Services; and
-
download or print a copy of any portion of
the Content to which you have properly gained access.
solely for your
personal, non-commercial use.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: __________. If
we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright
or proprietary notice 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, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
Please review this section and the "
PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a)
rights you give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending
us any question, comment, suggestion, idea, feedback, or other information
about the Services ("Submissions"), you agree to assign to us
all intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or
upload: By sending us Submissions
through any part of the Services
you:
-
confirm that you have read and agree with our
"PROHIBITED
ACTIVITIES
" and will not post, send,
publish, upload, or transmit through the Services any Submission 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 such Submission;
-
warrant that any such Submission are original to you or that you have
the necessary rights and licenses to submit such Submissions
and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions; and
-
warrant and represent that your Submissions
do not constitute confidential
information.
You
are solely responsible for your Submissions
and you expressly agree 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.
By using the Services, you represent and warrant
that:
(1) all
registration information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update
such registration information as necessary;
(3) you have the legal
capacity and you agree to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access
the Services through automated or non-human means, whether through a
bot, script or
otherwise; (6) you will not use the
Services for any illegal or
unauthorized purpose; and
(7) your use of the
Services will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services
(or any portion thereof).
You
may be required to register to use the Services. You agree
to keep your password confidential and will be responsible
for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately
as possible the colors, features, specifications,
and details of the products available on the Services. However, we do
not guarantee that the colors, features, specifications,
and details of the products will be accurate, complete, reliable,
current, or free of other errors, and your electronic display may not
accurately reflect the actual colors
and details of the
products. All products are
subject to availability, and we
cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all
products are subject to change.
We accept the following forms of payment:
- Visa
-
Mastercard
- American
Express
- Discover
- PayPal
- UPI
- Net
Banking
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services.
You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date,
so that we can complete your transactions and contact you as needed. Sales
tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in
INR.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve
the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
7. RETURN POLICY
All sales are final and no refund will be issued.
You
may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial
endeavors 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 written
permission from us.
- Trick,
defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with
security-related features of the Services,
including features that prevent or restrict
the use or copying of any Content or 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 harm another
person.
- Make
improper use of our support services or
submit false reports of abuse or
misconduct.
- 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 other
material, including excessive use of capital
letters and spamming (continuous posting of
repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of
the 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 comments or messages,
or using any data mining, robots, or similar
data gathering and extraction
tools.
- 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 a
passive or active information collection or
transmission mechanism, including without
limitation, clear graphics interchange
formats (
"gifs"
), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to
as
"spyware" or "passive collection mechanisms"
or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on
the Services or the networks or services
connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our
employees or agents engaged in providing any
portion of the Services to
you.
- Attempt
to bypass any measures of the Services
designed to prevent or restrict access to
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 reverse engineer
any of the software comprising or in any way
making up a part of the
Services.
- 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, any
spider, robot, cheat utility, scraper, or
offline reader that accesses the Services,
or use or 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/or email addresses
of users by electronic or other means for
the purpose of sending unsolicited email, or
creating user accounts by automated means or
under false
pretenses
.
- Use
the Services as part of any effort to
compete with us or otherwise use the
Services and/or the Content for any
revenue-generating endeavor
or commercial enterprise.
-
Sell or otherwise transfer your
profile.
9. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit
or post content. We
may provide you with the opportunity to
create, submit, post, display, transmit,
perform, publish, distribute, or
broadcast content and materials 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 Services and
through third-party websites. As
such, any Contributions you transmit may
be treated in accordance with the
Services' Privacy Policy.
When you create or make available
any Contributions, you thereby represent
and warrant that:
- The creation,
distribution, transmission, public display, or
performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, 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 of the Services to use your
Contributions in any manner contemplated by the Services
and these Legal Terms.
- You have the written
consent, release, and/or permission of each and every
identifiable individual person in your Contributions to
use the name or likeness of each and every such
identifiable individual person to enable inclusion and
use of your Contributions in any 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, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- 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 those
terms) any other person and to promote violence against
a specific person or class of
people.
- 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,
or otherwise 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,
any provision 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 may result in, among other things,
termination or suspension of your rights to use the
Services.
You
and Services agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the Privacy
Policy and your choices
(including settings).
By
submitting suggestions or other feedback regarding the Services, you agree
that we can use and share such feedback for any purpose without compensation
to you.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
11. GUIDELINES
FOR REVIEWS
We
may provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed; (2)
your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews
should not contain references to 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 post any
false or misleading statements; and (8) you may not organize a campaign encouraging others
to post reviews, whether positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from
any review. By posting 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.
12. SERVICES
MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user 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 without
limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content 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 and to facilitate the proper functioning of the Services.
13. PRIVACY
POLICY
We care
about data privacy and security. Please review our Privacy
Policy:
https://dbspublication.shop/index.php/en/privacy-policy
. 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 any other
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 use of the
Services, you are transferring your data to
India
, and you expressly consent to have your data
transferred to and processed in
India
.
14. 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 RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
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
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time. We will not be liable to you or
any third party for any modification, price change, suspension, or
discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, 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 reason without 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 downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
16. GOVERNING
LAW
These
Legal Terms shall be governed by and defined following the laws of
India
. DBS PUBLICATION and yourself irrevocably
consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise
in connection with these Legal Terms.
17. DISPUTE
RESOLUTION
You agree
to irrevocably submit all disputes related to these Legal Terms or the legal
relationship established by these Legal Terms to the jurisdiction of the
India
courts. DBS
PUBLICATION shall also maintain the right to bring proceedings as to
the substance of the matter in the courts of the country where you reside or, if
these Legal Terms are entered into in the course of your trade or profession,
the state of your principal place of business.
18. CORRECTIONS
There may be information on the Services
that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
.
CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
21. 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 any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services;
(2) breach of these Legal Terms;
(3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control 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 notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
22. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
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 data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and 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 Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact
us at:
DBS PUBLICATION
498, Naveen Basti Kanhasaiya, Near New
Transport Nagar
Near New Transport Nagar
Bhopal
, Madhya
Pradesh
462022
India