This website is an electronic publication of and a service provided by IDG Media Private Limited (hereinafter
referred to as "IDGMPL").
Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the
following terms ("Terms of Use").
IDGMPL may amend these Terms of Use at any time by posting the amended version on this site. Such
amended version shall automatically be effective upon its posting on this site.
1 Definitions
In these Terms of Use, the following words and expressions shall, unless the context otherwise requires, have
the following respective meanings:-
"Force Majeure Event" in relation to a person or entity shall mean an event beyond that person's or entity's
reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; disaster; vandalism;
power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or
electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or
connectivity; serious accidents; epidemics or quarantine restrictions; any law, order, regulation, direction,
action or request of any government (including state and local governments) or any civil or military authority,
or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof;
allocation regulations or orders affecting materials and/or the supply thereof; national emergencies,
insurrections, riots, civil commotion, war or warlike operations; strikes, lockouts, work stoppages or labour
disputes, troubles or difficulties; delays in transportation; supplier failures, shortages, breaches or delays; or
inability after due and timely diligence to procure materials, accessories, equipment or parts.
"IDG Content" shall mean all content or materials (including text and images) in this website, all files within
this website and all data within such files, but excluding Third Party Content.
"IDG Group" shall mean IDG Inc, a United States corporation, and its subsidiaries (including IDG Media
Private Limited) from time to time.
"Overall Content" shall mean the IDG Content, the Third Party Content, and any and all attachments
transmitted through this website.
"Specific Services" shall mean those services, provided by relevant members of the IDG Group in or through
this website, which are subject to other specific terms and conditions in addition to these Terms of Use.
"Specific Terms" shall mean the respective terms and conditions applicable to Specific Services, including
those prescribed or imposed by relevant members of the IDG Group in relation to such Specific Services, or
those contained in respective agreements entered into between site visitors and relevant members of the IDG
Group in relation to such Specific Services.
"Third Party Content" shall mean those content or materials (including text and images) in this website the
titles, rights and interests in or to which are not owned by members of the IDG Group but by the respective
Third Party Licensors.
"Third Party Licensors" shall mean the respective owners of the titles, rights and interests in or to the Third
Party Content.
"Visitor" shall mean the individual who, or the entity whose agent, accesses or uses this website, the services
provided in this website, or any of the Overall Content.
2 Application of other terms and conditions
These Terms of Use shall apply to each Specific Service, in addition to any and all other Specific Terms
applicable to such Specific Service; provided however that:-
a. in the event of any conflict or inconsistency between any provision of the Specific Terms and any provision
of these Terms of Use, such conflict or inconsistency shall (except as otherwise expressly provided or agreed)
be resolved in a manner favorable to IDGML and/or other members of the IDG Group; and
b. only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the Specific
Terms shall prevail.
3 Intellectual Property
Unless otherwise expressly stated:-
a. all titles, rights and interests (including without limitation copyright) in respect of the IDG Content belong to
IDG and/or other relevant members of the IDG Group, and nothing herein confers on the Visitor any title, right
or interest in respect thereof; and
b. all titles, rights and interests (including without limitation copyright) in respect of Third Party Content
belong to the respective Third Party Licensor, and nothing herein confers on the Visitor any title, right or
interest in respect thereof.
4 Use of IDG Content
Visitors to this website may use the IDG Content solely and exclusively for personal or internal purposes. The
Visitor may download and/or reproduce limited portions of the IDG Content on an occasional ad hoc basis
and distribute such IDG Content internally, solely and exclusively for personal or internal purposes;
PROVIDED HOWEVER THAT:-
a. the use, reproduction and distribution of such IDG Content (either in hard copy or electronic form) is not
done in any manner which might be competitive with the IDG Group's use, reproduction or distribution of
content or other content similar thereto; and
b. such IDG Content is reproduced and distributed with appropriate notices, including copyright notices,
indicating IDG (and/or other relevant members of the IDG Group, as the case may be) as the source of such
IDG Content and prohibiting any further reproduction or distribution of such IDG Content.
Downloading, reproduction, distribution and/or use of any IDG Content does not transfer any title, right or
interest in or to such IDG Content, and such IDG Content may be downloaded, reproduced, distributed and/or
used only in accordance with this paragraph 4.
Except as expressly permitted in this paragraph 4, Visitors to this website may not copy, reproduce, modify,
alter, reverse engineer, disassemble, sell, transfer, rent, license, publish, distribute, disseminate in any form
or otherwise allow access to all or any IDG Content or Third Party Content.
If the Visitor is a corporation, this provision shall apply to any subsidiary, affiliate or parent of such
corporation.
5 Protection of Intellectual Property Rights
The Visitor expressly acknowledges that this website and the IDG Content (or the Third Party Content, as the
case may be) were prepared by the IDG Group (or the Third Party Licensors, as the case may be) through the
application of methods and standards of judgment developed and applied through the expenditure of
substantial time, effort and money.
The Visitor agrees to protect all copyright and other intellectual property or other proprietary rights and
interests of the IDG Group (or the Third Party Licensors, as the case may be) in or to this website and the IDG
Content (or the Third Party Content, as the case may be).
In addition, the Visitor shall honor and comply with reasonable written requests made by the IDG Group in
connection with the protection, enforcement or exercise of the IDG Group's (or, as the case may be, the Third
Party Licensors') contractual and other legal (whether statutory or common law) or equitable rights and
remedies in respect of this website and the IDG Content (or the Third Party Content, as the case may be).
6 Updates
All updates to or additional IDG Content and Third Party Content and all new versions of this website shall be
subject to these Terms of Use as if each such update, addition and/or new version were the original IDG
Content, Third Party Content or website (as the case may be) referred to herein.
7 Modifications
The IDG Group reserves the right to alter or modify this website, including portions thereof, from time to time.
Such alterations or modifications may include, without limitation, addition or withdrawal of features, services,
data or content or changes in instructions. The IDG Group may also at any time suspend or discontinue all or
any part of this website or the provision of updates.
8 No endorsement of third parties
a. The IDG Group does not endorse or make any representation or warranty whatsoever (whether express or
implied), and shall not be responsible or liable under any circumstances whatsoever, in respect of :-
i. any third party website hyperlinked to this website, or any products, services, information, data or other
content offered or provided therein; and/or
ii. any product, service, information, data or other content offered or provided by third parties in or through
this website.
Such third party websites and such third party products, services, information, data or other content (whether
provided or offered therein or in or through this website) are the sole responsibility of independent third
parties, and as against the IDG Group, the Visitor's use thereof or reliance thereon is solely at the Visitor's
own risk. A Visitor's rights and remedies in respect thereof are governed solely by other applicable
agreements or terms (if any) between the Visitor and the relevant third party.
b. Without prejudice to the generality of paragraph 8(a) above:-
i. a description or reference to a product or service in this website (including any description or reference via
hyperlink) does not imply endorsement by any member of the IDG Group of that product or service;
ii. the IDG Group does not make any representation or warranty as to the quality, accuracy, reliability or
suitability of any third party websites or any third party products, services, information, data or other content
(whether provided or offered therein or in or through this website); and
iii. the IDG Group shall not be liable or responsible for any defects, deficiencies, errors, omissions or
inaccuracies in any third party websites or any third party products, services, information, data or other
content (whether provided or offered therein or in or through this website).
9 EXCLUSION OF REPRESENTATIONS AND WARRANTIES
THIS WEBSITE AND THE OVERALL CONTENT ARE MADE AVAILABLE "AS IS" WITHOUT ANY
REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY REPRESENTATION OR WARRANTY AS TO THEIR PERFORMANCE, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR USE; AND ALL REPRESENTATIONS AND/OR WARRANTIES, TO
THE EXTENT CAPABLE OF BEING EXCLUDED UNDER APPLICABLE LAW, ARE HEREBY EXPRESSLY EXCLUDED
BY THE IDG GROUP, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND ALL THIRD
PARTIES (IF ANY) INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE AND/OR THE
OVERALL CONTENT.
IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, THE IDG GROUP, ITS
LICENSORS, DEALERS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES (IF ANY) INVOLVED
IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE AND/OR THE OVERALL CONTENT, MAKE NO
REPRESENTATIONS OR WARRANTIES AS TO, AND THE VISITOR ASSUMES THE ENTIRE RISK AS TO:-
a. ANYTHING CONTAINED IN, THE PERFORMANCE OF, OR THE RESULTS THAT MAY BE OBTAINED BY USING,
THIS WEBSITE OR ANY OF THE OVERALL CONTENT;
b. THE CONSEQUENCES OF DOWNLOADING ANY ATTACHMENT TRANSMITTED THROUGH THIS WEBSITE;
c. THE QUALITY, ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE WHATSOEVER OF, THIS
WEBSITE OR ANY OF THE OVERALL CONTENT; AND/OR
d. THE STANDING, CREDIT OR OTHERWISE OF ANY PERSON OR ENTITY MENTIONED IN THIS WEBSITE OR IN
ANY OF THE OVERALL CONTENT.
10 EXCLUSION OF LIABILITY
IN NO EVENT SHALL THE IDG GROUP, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES,
OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE OR ANY
OF THE OVERALL CONTENT BE LIABLE FOR:-
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SECONDARY, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF THE OVERALL
CONTENT (SUCH AS BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS
INTERRUPTION OR DELAY, OR LOSS OF ANTICIPATED REVENUE, PROFITS OR BENEFITS, OR ANY ECONOMIC
OR FINANCIAL LOSS), WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, AND EVEN IF THEY WERE AWARE OF, WERE ADVISED OF, OR OUGHT TO HAVE KNOWN OF, THE
POSSIBILITY OF SUCH DAMAGES;
A. ANY CONSEQUENCES OF DOWNLOADING OR USING ANY ATTACHMENT TRANSMITTED THROUGH THIS
WEBSITE;
B. ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THIS WEBSITE, HOWSOEVER
CAUSED OR ARISING;
C. ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THE TRANSMISSION OR RECEPTION
OF ANY DATA OR INFORMATION THROUGH THIS WEBSITE, HOWSOEVER CAUSED OR ARISING;
D. ANY DEFECT, DEFICIENCY, BREAKDOWN OR FAILURE OF ANY SOFTWARE OR ANY EQUIPMENT OR
SYSTEM (WHETHER OR NOT MAINTAINED OR OPERATED BY THE IDG GROUP OR ANY OTHER PERSON),
HOWSOEVER CAUSED OR ARISING;
E. ANY LOSS, CORRUPTION, DELETION OR DAMAGE OF OR TO ANY DATA OR INFORMATION (WHETHER
BELONGING TO, PROVIDED BY OR STORED BY THE VISITOR OR OTHERWISE) WHICH IS TRANSMITTED TO OR
STORED IN ANY SYSTEM OR EQUIPMENT (WHETHER OR NOT MAINTAINED OR OPERATED BY THE IDG
GROUP, THE VISITOR OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
F. ANY BREACH, FAILURE OF PERFORMANCE OR DELAY CAUSED BY A FORCE MAJEURE EVENT; AND/OR
G. ANY DEFECTS, DEFICIENCIES, ERRORS, OMISSIONS OR INACCURACIES IN THIS WEBSITE OR IN ANY OF
THE OVERALL CONTENT.
11 LIMITATION OF LIABILITY
SUBJECT ALWAYS TO THE EXPRESS EXCLUSIONS IN THESE TERMS OF USE, THE LIABILITY OF IDGMPL,
OTHER MEMBERS OF THE IDG GROUP, THEIR LICENSORS, DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES, OR THIRD PARTIES (IF ANY) INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS
WEBSITE OR ANY OF THE OVERALL CONTENT, SHALL IN NO EVENT EXCEED IN THE AGGREGATE THE SUM
OF ONE UNITED STATES DOLLAR (US$1.00) ONLY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE
OR BREACH OF STATUTORY DUTY) OR OTHERWISE, OR FOR ANY LOSS, DAMAGE OR LIABILITY
WHATSOEVER.
12 Entire agreement
These Terms of Use, together with any other Specific Terms relating to Specific Services (if applicable),
constitute the entire agreement between the parties with respect to the subject matter hereof and thereof,
and supersede any and all prior written and/or oral representations, understandings, agreements or
communications between the parties regarding the subject matter hereof and thereof.
The provisions and terms of any purchase order or other instrument issued by the Visitor shall be of no effect
and the acceptance of any such order or instrument shall not in any way extend or alter these Terms of Use
(or any other Specific Terms relating to Specific Services, if applicable).
13 Waivers
Failure of either party to insist at any time upon strict compliance with any provision herein or to seek remedy
of any breach shall not constitute or be construed as a waiver of such provision or breach, or of any other
rights or remedies.
14 Illegality
If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable ("Affected Provision"),
such Affected Provision shall, to the maximum extent possible, be modified and/or replaced by an equivalent
legal, valid and enforceable provision in a manner which accords with or which gives effect to, as closely as
possible, the original intent of the Affected Provision. If, however, such modification or replacement is not
permissible, then the Affected Provision (or the modification, replacement or severance thereof) shall be
deemed to be severed from these Terms of Use. The illegality, invalidity or unenforceability of the Affected
Provision shall not in any way affect the legality, validity or enforceability of the other provisions of these
Terms of Use, which shall remain in full force and effect.
15 Governing Law & Jurisdiction
These Terms of Use shall be construed in accordance with and governed by the laws of India. The Visitor
hereby submits to the non-exclusive jurisdiction of the courts of India and/or such other courts of competent
jurisdiction as IDGMPL may in its absolute discretion deem fit