NOTICE TO USER:
PLEASE READ THIS CONTRACT CAREFULLY. THE SERVICES AND MATERIALS OFFERED THROUGH OR IN ASSOCIATION WITH THE ONLINE SERVICES FEATURE OFFERED BY Riasys Cloud Web Site (the "Services and Materials") ARE OFFERED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE ONLINE SERVICES FEATURE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, THE LIMITATIONS ON USE, LIABILITY AND WARRANTY SET FORTH BELOW.
These Terms and Conditions apply to the Websites , which are owned and operated by members or subsidiaries of the Riasys Cloud Web Site and, by accessing any of the Websites, you are agreeing to abide and be bound by such Terms and Conditions. No charge is made for your use of the Websites (unless otherwise stated) .
1. MODIFICATION.
Riasys Cloud Web Site reserves the right to change these Terms and Conditions without notice to you. You are responsible for reviewing these Terms and Conditions each time you use the Online Services feature. Your continued use of the Online Services feature constitutes your agreement to the then current Terms and Conditions.
2. PRIVACY AND PERSONAL INFORMATION.
To learn about how Riasys Cloud Web Site protects your personal information, such as your name and address, refer to the Riasys Cloud Web Site Online Privacy Policy located at http://www.riasys.co.in/misc/privacy.html.
3 DESCRIPTION OF SERVICE
Riasys Cloud Web Site currently provides users with access to Business Consulting Solutions , Web Development and Building solutions , Software Development Solutions , Training and Eduction as mention in the Training and Educations Online Manual .
Riasys Cloud Web Site also provides a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalised content and branded programming through its network of properties (the "Service").
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Riasys Cloud Web Site properties, shall be subject to the TAC. You acknowledge and agree that the Service is provided "AS IS" and that Riasys Cloud Web Site assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Riasys Cloud Web Site has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Riasys Cloud Web Site has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Riasys Cloud Web Site is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, email, message boards, groups, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Riasys Cloud Web Site of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Riasys Cloud Web Site cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Riasys Cloud Web Site are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Riasys Cloud Web Site does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Riasys Cloud Web Site be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
7. Riasys Cloud Web Site SITES AND SERVICES.
The Online Services feature may rely upon and/or make available web sites and web pages operated by Riasys Cloud Web Site, for example, the web sites and web pages found at http://www.riasys.com (collectively, the "Riasys Cloud Web Site Web Sites"). Your access to and use of the Riasys Cloud Web Site Web Sites is governed by the riasys.com Terms and Conditions Located at http://www.riasys.com/misc/copyright.html, as well as any other terms, conditions or notices found on such sites. Riasys Cloud Web Site may at any time, for any reason, modify or discontinue the availability of the Riasys Cloud Web Site Web Sites, Third Party Sites and Online Services feature.
8. THIRD PARTY SITES AND SERVICES.
The Online Services feature may also make available web sites and/or web pages operated by third parties offering material, information and services (the "Third Party Sites"). Your use of the Third Party Sites and the use of information collected by the operators of such sites are governed by the Terms and Conditions and privacy policies found at such sites. Third Party Sites are made available only as a convenience, and the inclusion within the Online Services feature of any link to a Third Party Site does not imply endorsement by Riasys Cloud Web Site of the operator of such site or any association between Riasys Cloud Web Site and such operator. Any dealings between you and any third party in connection with a Third Party Site, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the operator of such site. Riasys Cloud Web Site will not be responsible or liable for any part of any such dealings.
9. USE OF SERVICES.
You will not use the Online Services feature, including the Services and Materials, for any unlawful purpose, or in any manner or for any purpose which is prohibited by these Terms and Conditions. In using the Online Services feature, including the Services and Materials, you will not: (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites, (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files, (c) create a false identity, (d) use or attempt to use another's account, password, service or system without authorization from Riasys Cloud Web Site, (e) access or attempt to access any service or content which you are not authorized to access, (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites, (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others, (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information; (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, privacy and publicity laws unless you own or control the rights thereto or have received all necessary consents to do the same, (k) advertise or offer to sell or buy any goods or services for any purpose, (l) violate any applicable laws or regulations.
10. LICENSE TO Riasys Cloud Web Site; REPRESENTATIONS.
You hereby grant Riasys Cloud Web Site, its affiliates and sub-licensees the right to copy, display, transmit, modify and distribute the files you upload containing images, photographs, software or other materials, only for the purpose of operating the Online Services feature. You warrant and represent that (a) you are the copyright owner of such files or the copyright owner of such files has granted you permission to use such files and any content and/or images contained in such files consistent with the manner of your and your licensees' use, (b) you have the rights necessary to grant the licenses and sublicenses described herein and (c) each person depicted in such files has provided consent to the use of the files consistent with the manner of your and your licensees' use.
11. NO WARRANTY.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Riasys Cloud Web Site OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE ONLINE SERVICES FEATURE, AND ALL MATERIALS AND SERVICES OFFERED THROUGH OR IN ASSOCIATION WITH SUCH FEATURE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Riasys Cloud Web Site AND ITS SUPPLIERS MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS OR THE SERVICES AND MATERIALS WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN ANY SOFTWARE OBTAINED FROM OR USED THROUGH THE SERVICES AND MATERIALS, OR ANY DEFECTS IN THE SERVICES AND MATERIALS, WILL BE CORRECTED.
THE ONLINE SERVICES FEATURE AND THE SERVICES AND MATERIALS COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. Riasys Cloud Web Site MAY MAKE CHANGES TO THE ONLINE SERVICES FEATURE AND THE SERVICES AND MATERIALS, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE SERVICES AND MATERIALS MAY BE OUT OF DATE, AND Riasys Cloud Web Site MAKES NO COMMITMENT TO UPDATE SUCH SERVICES OR MATERIALS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) Riasys Cloud Web Site DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES, (ii) Riasys Cloud Web Site MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK AND (iv) Riasys Cloud Web Site WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES AND MATERIALS IS MADE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Riasys Cloud Web Site ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER IN CONNECTION THE ONLINE SERVICES FEATURE OR SERVICES AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Riasys Cloud Web Site WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE Terms and Conditions. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL Riasys Cloud Web Site, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT Riasys Cloud Web Site HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES FEATURE OR THE MATERIALS AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE ONLINE SERVICES FEATURE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE ONLINE SERVICES FEATURE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THE ONLINE SERVICES FEATURE.
Riasys Cloud Web Site WILL HAVE NO LIABILITY RELATED TO YOUR FILES CONTAINING IMAGES, PHOTOGRAPHS, SOFTWARE OR OTHER MATERIALS ARISING UNDER LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY OR OTHERWISE. Riasys Cloud Web Site ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF SUCH FILES.
Nothing contained in these Terms and conditions limits Riasys Cloud Web Site's liability to you in the event of death or personal injury resulting from Riasys Cloud Web Site's negligence or from the tort of deceit (fraud). Riasys Cloud Web Site is acting on behalf of its subsidiaries, affiliates, agents, officers, directors, employees, partners and suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in these Terms and Conditions, but in no other respects and for no other purpose.
13. INDEMNITY AND LIABILITY.
You agree to indemnify and hold Riasys Cloud Web Site, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) files or other material containing images, photographs, software or other material you upload, submit or otherwise transmit, (b) your use of the Online Services feature or Services and Materials, (c) your violation of these Terms and Conditions or the riasys.com Terms and Conditions or (d) your violation of any law, rule or regulation or the rights of any other person or entity.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
15. TERMINATION
You agree that Riasys Cloud Web Site in its sole discretion, may terminate your password, account (or any part thereof) or use of t he Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Riasys Cloud Web Site believes that you have violated or acted inconsistently with the letter or spirit of the TAC. Riasys Cloud Web Site may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TAC may be effected without prior notice, and acknowledge and agree that Riasys Cloud Web Site may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Riasys Cloud Web Site shall not be liable to you or any third-party for any termination of your access to the Service.
16. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) Riasys Cloud Web Site shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service (including, without limitation, Riasys Cloud Web Site Shopping) are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
17. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Riasys Cloud Web Site has no control over such sites and resources, you acknowledge and agree that Riasys Cloud Web Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Riasys Cloud Web Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. Riasys Cloud Web Site'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Riasys Cloud Web Site or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Riasys Cloud Web Site grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Riasys Cloud Web Site for use in accessing the Service.
19. GOVERNING LAW AND JURISDICTION.
These Terms and Conditions will be governed by and construed in accordance with the substantive laws in force in: (a) the State of Jharkhand , India if a license to the Riasys Cloud Web Site software in which the Online Services feature is included (the "Software") is purchased when you are in any part of the world. The respective court Jamshedpur City , Jharkhand , India law applies. These Terms and Conditions will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
20. LANGUAGE; TRANSLATION.
It is the express wish of the parties that the Terms and Conditions and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. The English version of these Terms and Conditions will be the version used when interpreting or construing these Terms and Conditions.
21. GENERAL.
These Terms and Conditions and the other rules, guidelines, licenses and disclaimers posted on the Riasys Cloud Web Site Web Sites constitute the entire agreement between Riasys Cloud Web Site and you with respect to your use of the Online Services feature and the Services and Materials, and supercede any prior representations, discussions, undertakings, communications or advertising relating thereto. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions will continue in full force and effect. Any failure by Riasys Cloud Web Site to enforce or exercise any provision of these Terms and Conditions or related right will not constitute a waiver of that right or provision. The section titles used in these Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any agreement, arrangement or understanding between you and Riasys Cloud Web Site or its affiliates, licensees or suppliers with respect to any matter other than the Online Services feature and the Services and Materials, including, without limitation, the end-user license agreement governing your use of the Software.