Thank you for visiting a website, app or service provided by Applaud Web Media! We are pleased to provide you with our content and services and appreciate your patronage. Before you engage with our website, app, or services, we encourage you to read these Terms of Service, so you know what to expect when visiting and engaging with our various properties.

By accessing or using any website with an authorized link to this Agreement (each a “Website”), accessing or using any application with an authorized link to this Agreement (“App,” together with the Websites, the “Properties”), registering an account, or accessing or using any content, information, services, features or resources available or enabled via the Properties (collectively with the Properties, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement you may not access or use the Services.

Your use of the Services is also subject to any additional terms, terms of use, conditions and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate terms of service (“Third-Party Terms”) that differ from ours. By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms.

Company reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.

1. Registration; Other Services

1.1 Registration Data. When applying for or registering an account for any of the Services, including, but not limited to, subscribing or gaining access to a magazine or other subscription (“Account”), you agree to provide accurate, current and complete information (the “Registration Data”) and to promptly update your Registration Data in the event of a change of such Registration Data, including, but not limited to, name change, credit, debit card or payment account information, e-mail address or postal address, as necessary. You agree that you may not register for an Account if you are barred or otherwise suspended from using the Services under any applicable law or by the Company. You further agree that you will not maintain more than one Account for the same Company service at any given time. You will be responsible for all activities that occur under your Account. You agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account.

1.2 Subscriptions. If you subscribe to a Company publication or other Service for which there is a recurring charge, you agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption. If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks. Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which, unless otherwise noted, will be incorporated by reference into this Agreement.

1.3 Sponsored/Affiliate Content. Certain portions of the Services may include content that contains links to third party web sites for which Company may receive compensation from the operator of the third-party web site by virtue of your clicking to or making a purchase on that site. As described more fully in Section 3.4 below, by clicking on these links you understand and agree that you are leaving a Company Property and visiting a website that is not controlled by us.

1.4Lead Generation. Certain portions of the Services may provide you the opportunity to be contacted by third party suppliers and others in order to obtain particular services. By providing your contact information in connection with these Services, you understand and expressly consent to be contacted by these third parties using the contact information you provide and that we shall have no responsibility or liability whatsoever in connection with any products, work estimates or the provision of services by these third parties.

1.5 Removal of Accounts. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by the Company.

1.6 Company’s Privacy Policy. Our information collection and use policies with respect to the privacy of the Registration Data and any other data provided by you or collected by Company are set forth in Company’s Privacy Policy which is incorporated herein by reference into this Agreement.

2. User Content

2.1 Responsible Party for Content. You understand, acknowledge, and agree that all user-generated content posted (that is, non-Company content), displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services or otherwise provides to the Company, whether online or offline, and whether or not solicited by the Company (“User Content”). User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to Company. Company has no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other User at your own risk. Without limiting the foregoing, Company reserves the right in its sole discretion, but does not have an obligation, to pre-screen, review, refuse, or remove any content. Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by Company. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this Agreement, Company’s policies, or applicable law.

2.2 Ownership of Your Content. Company does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Company the license Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.

2.3 Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not endorsed by Company and does not represent the views of Company. To the fullest extent permitted by law, Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your actual, first-hand experience with the applicable business, product, or service; (b) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship, or any other affiliation; (c) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, or otherwise violates the terms or spirit of this Agreement, we may exclude, prohibit, or remove such User Content in our sole discretion without notice.

3. Ownership of and License to Use Company Services

3.1Use of the Services. Except with respect to User Content, Company and its suppliers own or are licensees of the rights, title, and interest required for the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Company grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. Company, its suppliers and service providers reserve all rights not granted in this Agreement.

3.2 Trademarks. Company’s stylized name and other related trademarks, graphics, logos, service marks, and trade names used on or in connection with the Services are the trademarks of Company and may not be used without permission in connection with any third-party products or services. Other trademarks, logos, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

3.3Restrictions on Use of Services. You agree not to do any of the foregoing:

• you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;
• you shall not frame or use framing techniques to enclose any trademark, logo, or Services (including images, text, page layout or form) of Company;
• you shall not use any metatags or other “hidden text” using Company’s name or trademarks
• you shall not modify, translate, adapt, merge, make derivative works or services of, circumvent, decrypt, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
• you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape,” harvest, or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
• you shall not except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
• you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services or use the Services in violation of any third party’s intellectual property or other proprietary or legal rights;
• you shall not use the Services in violation of any applicable law;
• you shall not attempt to gain unauthorized access to other computer systems through the Services;
• you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and

3.4 Third-Party Links. The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you are about to or have left the Services. Company does not control and is not responsible for Third-Party Links. Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

4. Indemnification and Limitation of Liability

4.1 Indemnification. You agree to indemnify and hold Company, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners, suppliers, and licensors of each (collectively, the “Company Parties”) harmless from any damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of any claims concerning: (a) the violation of the rights of any third party, including intellectual property rights, by Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

4.2 Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

4.3 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

4.5 Survival. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Services.

5. General Provisions.

5.1 Disclaimer. The information available through the Services is provided solely for informational purposes on an “as is” basis at user’s sole risk. Company makes no guarantees as to the accurateness, quality, or completeness of the information and Company shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. Users are solely responsible for verifying the information as being appropriate for user’s personal use.

5.2 Termination. At its sole discretion, Company may modify, suspend, change, or discontinue the Services, or may modify, suspend, change, or terminate your access to the Services, for any reason or no reason, with or without notice to you and without liability to you or any third party. In addition to restricting, suspending, or terminating your access to the Services, for any reason or no reason, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress.

5.3 Procedure for Making Claims of Copyright Infringement. If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Applaud Web Media, by email to [email protected]. Company maintains a policy to terminate in appropriate circumstances the Service use privileges of all repeat infringers of copyright rights. Please Note: The Copyright Agent has no responsibility for and will not respond to Usage/Reprint permission requests or Subscriber/Customer Service inquiries.

5.4 Notice. Where Company requires that you provide an e-mail address to receive notices and for other purposes, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at the following address: Applaud Web Media, V K Tower, Haridwar Bypass Rd, NH 7, above Shukham Hospital, Kunjapuri Vihar, Dehradun, Uttarakhand 248001. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

5.5 Questions, Complaints, Claims, Permissions. If you have any questions, complaints, or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns. For usage and/or reprint permission requests, please email [email protected].