Applicable Law. Your relationship is with Platina Software Pvt. Ltd., an Indian company, and you agree to be bound by the laws of Delhi and the laws of India.
Some Services may also be subject to additional or different terms (the “Additional Terms”). Without limitation, the Additional Terms for the following Services are hereby incorporated into the General Terms by reference:
If there is any conflict between the General Terms and the Additional Terms, then the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to as the “Terms”.
Platina may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available at www.platina.co.in/manage/terms/updates.html. Your use of the Services is subject to the most current version of the Terms at the time of such use.
“Account Information” means the information you provide to Platina when you register for a service, including your Account ID and log-in information.
“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights.
“Law” means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from India or other applicable countries.
“Make Available” means to email, post, transmit, upload, or otherwise make available through your use of the Services.
“Marks” means the trademarks, logos and service marks displayed on the Services.
“Materials” means any materials provided by Platina and any User Content, including, without limitation, any (a) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (b) products, and (c) Software.
“Service Materials” means Materials other than Your Content.
“Shared Content” means the User Content that you or other Users share through the Services.
“Software” means Platina software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, patches, or fonts.
“User” means a user of the Service.
“User Content” means (a) Your Content and (b) Shared Content uploaded by other Users.
“Your Content” means any Materials that you Make Available through your use of the Services.
“Your Shared Content” means Your Content that you choose to make into Shared Content.
You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by Platina, you, or other Users, or (c) by merely browsing the Services.
You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with Platina, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
Platina may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the changes.
Services and Platina Materials. The Services and Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, Platina and its licensors do not grant any express or implied rights to use the Services and Materials. All rights, title and interest in the Service and Materials, in all languages, formats and media throughout the world, are and will continue to be the exclusive property of Platina and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.
Trademarks. The Marks are the property of Platina or other rights holders. You are not permitted to use the Marks without the prior consent of Platina or the rights holder. For a current list of Platina’s Marks, as well as certain third party Marks, please refer to the posted trademark information at http://www.platina.co.in.com/misc/trademarks.html
Your Content. If you are an individual User, then you own all right, title, and ownership to Your Content. If you are using and accessing the Services and Materials through an account purchased by someone else (such as an employer or a client), then then the person who paid for the account retains all right, title, and ownership to Your Content. For example, if you are using Services provided by your employer, then your employer (not you) owns Your Content.
If you comply with the terms and conditions of this Agreement, Platina grants to you a non-exclusive, non-transferable, revocable right to access and use the Services, to Make Available Your Content to the Service, and to use the Service Materials in connection with the Services, subject to the following conditions:
You agree to use the Services and the Materials only as permitted by the Terms and any Law.
You acknowledge and agree that certain Services and Materials may be available only if you have paid a fee or have provided certain Account Information.
Platina uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. Platina will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control. Certain Services may not be available in all languages.
Platina may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Platina shall not be liable to you or anyone else if we do so.
You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to Platina for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Platina by contacting Support at http://www.platina.co.in/support/contact.html. Platina may require that you change your Account Information or certain parts of your Account Information at any time for any reason. Unless Platina expressly allows you the right to create and manage Account IDs as an account administrator for a company or unless expressly permitted in the Additional Terms, you may not use another person’s Account Information.
As part of registering for a Service, Platina may require you to create a unique URL, such as your_name_here.platina.co.in. Such unique URL may be used solely with the Service, only for so long as you maintain a valid account and shall not be used for any other purpose. Platina may revoke your right to use that URL for any reason deemed appropriate by Platina in its sole discretion by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by Platina in its sole discretion to contain infringing or illegal content or content that otherwise violates the Terms. In such event, Platina reserves the right to revoke your right to use your unique URL immediately without notice. Additionally, Platina owns and retains all right, title and interest in and to the use of “Platina,” and other Platina property in association with a user’s unique URL. Upon termination for any reason, Platina may permit another user to use the unique URL previously selected by you.
You agree not to access or attempt to access the Services by any means other than the interface provided by Platina or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
You agree not to use, or to encourage or permit others to use, the Services to:
Storage. Platina may provide online storage for Your Content, subject to Section 9.2 below and any Additional Terms. Unless otherwise stated in Additional Terms or a separate written agreement between you and Platina, Platina has (a) no obligation to store Your Content and (b) no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services.
You agree that Platina retains the right to create reasonable limits on the use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Platina in its sole discretion.
You agree that you, not Platina, are entirely responsible for all of Your Content that you Make Available, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.
Settings Related to Use and Access of Your Content.
Licenses to Your Content. Platina requires certain licenses from you with respect to Your Shared Content in order to operate and enable the Services. Accordingly, you grant the licenses to Your Shared Content as follows:
You acknowledge that the Services are automated (e.g., Your Content is uploaded using software tools) and that Platina personnel will not access, view, or listen to any of Your Content, except as reasonably necessary to perform the Services, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by Platina in good faith to conform to legal requirements or comply with legal process; or (d) enforce these Terms, including investigation of potential violations hereof, as further described in Section 15 (Investigations).
License to Shared Content. Platina grants you a worldwide, royalty-free, and non-exclusive license to distribute, display, download, perform, and reproduce the Shared Content, subject to the restrictions stated in this Section 10. With respect to Shared Content Made Available in a group allowing for content sharing, Platina also grants you the license to adapt and modify such Shared Content. The license granted in this Section 10.1 is further limited to your personal, internal, and non-commercial purpose only.
It is your sole responsibility to determine what limitations, if any, are placed on your Shared Content. Platina cannot and does not monitor or control what others do with the Shared Content, nor can Platina prevent them from adding to, modifying or adapting the Shared Content.
You agree that Platina has no liability of any kind should other Users use, modify, destroy, corrupt, copy or distribute your Shared Content in violation of the limitations that you may impose on its use.
Shared Content may include personal information (such as email addresses) to facilitate your ability to share Your Content. It is your sole responsibility for any and all personal information that you or other Users used and submitted in connection with the Services. You shall comply with all data protection and privacy laws and rules applicable to the personal information of other Users.
The Services may allow you to comment on Shared Contents. Comments are not anonymous and may be viewed by other Users. Your comments may be deleted by you, other User, or Platina.
If you are invited by a user of the Service to participate in shared digital content editing or viewing, and you do not wish to receive email from such user or do not wish to participate, you are required to contact the person who invited you to update, correct or delete the information they provided about you.
In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews or sharing initiated by others.
Upon removal of Your Content from the Service or upon making your Shared Content no longer shared, Platina shall have a reasonable time to cease use, distribution and/or display of Your Content. However, you acknowledge and agree that Platina shall have the right but not the obligation to keep archived or “backup” copies of Your Content or use Your Content pursuant to Section 15 (Investigations).
Software made available via the Services or through third-party marketplaces or stores is governed by the terms of the applicable Additional Terms or the license agreement referenced in the Software. If there is any conflict between these Terms and the license agreement provided with such Software, then the license agreement shall take precedence in relation to that Software. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes, notwithstanding anything to the contrary included within an accompanying license agreement.
Platina may provide mobile and tablet applications through third parties that interact with the Service and Platina products. You are responsible for obtaining and maintaining any equipment or ancillary services needed to access mobile and tablet applications and you are responsible for all applicable taxes and fees incurred while accessing such applications (such as fees from your mobile carrier, overage charges, etc.)
If no license agreement accompanies the Software that is available for download, the download and use of such Software will be governed by the terms of this Section 11.2. Platina grants you a personal, worldwide, revocable, limited, non-transferable, non-sublicensable, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. For clarification, you shall not distribute, lease, rent, sell, or sublicense the Software. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Platina and Platina may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Platina’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Sections 13 and 14 below and your compliance with the export control provisions of Section 22.
The Software may automatically download and install updates from Platina. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit Platina to deliver these to you with or without your knowledge) as part of your use of the Services.
You represent and warrant that: (a) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (b) you have the rights necessary to grant the license and sublicenses described in the Terms; (c) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content; and (d) Your Content does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.
You agree to indemnify and hold Platina and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Content, your use of the Services or Materials, your connection to the Services or Materials, your use and acceess of personal information of other Users, the actions of any member of your group, your access to or use of Sites or the Linked Sites and your connections therewith, any claim that Your Content caused damage to someone else, any dealings between you and anyone else advertising or promoting via the Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
You acknowledge and agree that by accessing or using the Services or Materials, you may be exposed to Materials (including Shared Group Content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY PLATINA “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PLATINA AND ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (C) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLATINA OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
PLATINA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PLATINA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
PLATINA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. PLATINA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED PLATINA SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF PLATINA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLATINA WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PLATINA ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE USE, MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
PLATINA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PLATINA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF PLATINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE PLATINA’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF PLATINA OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
PLATINA’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF PLATINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Platina, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Platina shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
Although Platina does not generally monitor User activity occurring in connection with the Services or Materials, if Platina becomes aware of any possible violations by you of any provision of the Terms, Platina reserves the right to investigate such violations, and Platina may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Platina believes that criminal activity has occurred, Platina reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Platina is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in Platina’s possession in connection with your use of the Services to (a) comply with applicable Law, legal process or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Content violates the Terms or rights of third parties; (d) respond to your requests for customer services; or (e) protect the rights, property or personal safety of Platina, its Users or third parties, including the public at large, as Platina in its sole discretion believes to be necessary or appropriate.
You have no obligation to provide Platina with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Platina, we may use it for any purpose without compensation to you.
You agree that Platina may display advertisements adjacent to Your Content, and you agree that you are not entitled to any compensation. The manner, mode and extent of advertising or other revenue generating models pursued by Platina on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.
The Services and Materials may include links that will take you web sites or services not operated by Platina. Whether the link was provided by Platina as a courtesy, or whether it was posted by a user, Platina has no control over non-Platina web sites or services. You agree that we are not responsible for the availability or contents of any web site or service we do not operate.
Termination by You. You may stop using the Service at any time. You may terminate Platina’s right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Platina’s rights by removing Your Content from the Service, either by deleting it manually, or by contacting Customer Care to have your subscription cancelled, if applicable, and content deleted. To terminate your Service account contact Support at http://www.platina.co.in /support/contact.html. Any fees paid by you prior to your termination are not refundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
Termination by Platina. Subject to Additional Terms for certain Services (such as ones where you pay for access to these Services), Platina may at any time terminate our agreement with you (or any individual Additional Terms) if:
Termination or Suspension of Services. Platina may also terminate or suspend all or a portion of your account and/or access to the Services for any reason (subject to Additional Terms for certain Services). Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (a) removal of access to all offerings within the Services; (b) deletion of Your Content and Account Information, including your personal information, log-in ID and password, and all related information, files and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services.
You agree that all terminations for cause shall be made in Platina’s sole discretion and that Platina shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials, including Your Content.
Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Materials. However, any perpetual licenses you have granted, any of your indemnification obligations hereunder, any of Platina’s disclaimers or limitations of damages of liabilities hereunder and Sections 8-10, 12-17, 19, 23, and 24 will survive any termination or expiration of the Terms.
Upon termination of your use of the Service by you or by Platina for any other reason other than for cause, Platina will make reasonable effort to notify you at least thirty (30) days prior to termination, at the email address you provide Platina as part of your registration, with instructions on how to retrieve Your Content prior to such termination.
Except as otherwise stated in any Additional Terms and applicable subscription terms, in the event of termination by Platina for reasons other than breach of these Terms, Platina will provide notice pursuant to the General Terms and will provide you with a pro rata refund for the prepaid and unused portion of the Service.
The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Platina intends to announce such Services or Materials in your country.
These Services are controlled, operated and administered by Platina Software Pvt. Ltd. from its offices in India. Platina makes no representation that the Services or Materials are appropriate or available for use outside of India. Platina reserves the right to block access to the Services or Materials by certain international users. If you access the Services from a location outside India, then you are responsible for compliance with all local Laws.
Platina respects the Intellectual Property Rights of others and expects its users to do the same. Platina will respond to clear notices of copyright infringement consistent with applicable copyright acts and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Services, on web sites linked to or from the Services, or in connection with the Services or Materials, please provide, pursuant to the applicable copyright acts, written notification via regular mail (not via e-mail or phone) of claimed copyright infringement to Platina’s Copyright Agent (contact information below), which must contain all of the following elements:
If you believe access to your content was disabled or removed by Platina as a result of an improper copyright infringement notice, please provide, pursuant to applicable copyright acts, written notification via regular mail (not via e-mail or phone) to Platina’s Copyright Agent (contact information below), which must contain all of the following elements:
Platina’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Platina Software Pvt. Ltd.
C-1/16, Mianwali Nagar,
Rohtak Road, New Delhi - 110087
By email: email@example.com
By telephone: (11) 4674-7700
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services or on sites linked to or from the Services, or in connection with the Services or Materials. All other inquiries directed to the Copyright Agent will not be responded to.
You acknowledge that the Services, Software, and Materials are subject to the Indian export control and sanctions laws (including the Export Administration Regulations) (“Export Controls”) and that you will comply with the Export Controls. You will not export or re-export the Software or Materials, directly or indirectly, to, or use the Services in connection with: (a) any countries that are subject to Indian export restrictions, (b) any end user whom you know or have reason to know will utilize them in activities not permitted under the Indian export laws, or (c) any end user who has been prohibited from participating in the Indian export transactions by any agency of the Indian government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact its right to import, export or use the Services, Software or Materials. If Platina has knowledge that a violation has occurred, Platina may be prohibited from providing maintenance and support for the Services, Software, or Materials.
Venue. You agree that any claim or dispute you may have against Platina must be resolved by a court located in Delhi, India except as otherwise agreed by the parties, or as set forth Section 23.2 below. You agree to submit to the personal jurisdiction of the courts located in Delhi, India for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
ADR. For any claim (excluding claims for injunctive or other equitable relief) for less than INR 2,00,000/, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Platina must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Platina may recover attorneys’ fees and costs up to INR 50,000/, provided that Platina has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that Platina shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
Notice to Platina. Any notice provided to Platina pursuant to the Terms should be sent to C-1/16, Mianwali Nagar, Rohtak Road, New Delhi -110087, Attention: General Counsel.
Notice to You. Platina may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.
Entire Agreement. The Terms constitute the entire agreement between Platina and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and Platina on such subject matter.
Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Platina’s written consent. Platina’s rights under the Terms are transferable by Platina.
Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver. Any failure by Platina to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
Report Abuse. Please report any violations of the Terms via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services.