Terms & Conditions
TERMS & CONDITIONS
PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS
This Website (the “Site”) is owned and operated by 9X MEDIA PRIVATE LIMITED (hereinafter referred to as “9X”). These terms and conditions (the “Terms and Conditions” or “TAC”) apply to and govern your use, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service(s) signifies your agreement to be bound by these Terms and Conditions.
For purposes of the TAC, the following defined terms shall have these meanings: (A) “Service(s)” shall mean any and all services on, or provided by, 9X whether or not such services are also provided and/ or delivered by other means or media such as including but not limited to software or wireless devices; (B) “Site” shall mean this www.9xo.in website; (C) “Site Content” shall mean any and all human readable patent audio and/or visual elements of this Site, created and/ or owned by 9X and/ or third parties, including without limitation to any text, graphics, images, illustrations, photographs, animations, designs, logos, information, and other content made available through the Site; (D) “Site Code” means any and all underlying elements of the Site, including without limitation to source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site.
1. LICENSE TO USE THE SITE
9X grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your personal and non- commercial use only, by way of one (1) computer connected to the Site over the internet, provided that you comply fully with these TAC. You may “cache” pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of whole and/ or portion of the Site is not authorized and the same will be a violation of these TAC and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any manner whatsoever through any means or device, including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TAC or by law.
2. CHANGES TO SITE AND/OR TERMS AND CONDITIONS
9X reserves the right, at its sole discretion, to change and/ or modify and/ or add and/ or remove any portion of the Site, the Site Content, and the TAC, in whole or in part, at any time and at its sole discretion; whether or not applicable to your use of the Site and/or any part thereof, or to impose new conditions, including but not limited to, adding fees and/or charges for use. Changes to the TAC will be effective when the same is posted. You agree to review the TAC periodically to become aware of the changes, if any. Your use of the Site after any changes to the TAC are posted will be considered deemed acceptance of those changes and will constitute your agreement to be bound thereby, whether retrospectively or otherwise.
3. CHANGES IN SITE OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable 9X database, to the extent 9X assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of 9X’s assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms and Conditions of the Site’s subsequent owner or operator.
4. OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
a.The Site, Site Content, Site Code, and any and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to 9X and are owned by 9X and/or its licensors and content providers, and are protected by applicable domestic and international intellectual property laws. The design and information contained in this Site is the valuable and exclusive property of 9X and nothing in this agreement shall be construed as transferring and/or assigning any such ownership rights to you or any other person or entity. Unless expressly permitted in writing by 9X, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site or in any other manner, other networked computer environment, or in any medium now known or hereafter developed (each and/ or collectively an “Unauthorized Use”).
b. Any Unauthorized Use constitutes an infringement of the intellectual property laws including infringement of copyright laws and other proprietary rights of 9X and/or its licensors and content providers and constitutes a violation of these TAC. Any violation of intellectual property laws may be subject to severe civil and criminal penalties and the same shall be without prejudice.
c. 9X Sites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music or sound, and the entire contents of 9X Sites are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a license and copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
5. 9X SERVICES AND RULES FOR USE
a. As a convenience to its visitors/ Registered User (defined below)/ You (defined below), as the case may be 9X may provide, from time to time and at its sole discretion, one or more Services. These Services are provided by 9X to you and others subject to the TAC and other rules that may be published from time to time ( the “Rules”) by 9X. 9X currently provides the Services, free of charge to visitors/ Registered User (defined below)/ You (defined below), as the case may be, who agree to be bound and abide by the Rules. 9X reserves the right to change the nature of this relationship at any time and at its sole discretion.
b. It is hereby expressly stated that you, you herein means any person who has registered himself/ herself on this Site (‘You/ Registered User’) may receive services from 9X, at its sole discretion and at any time relating to including but not limited to updates including updates relating to promotions and/ or advertisement and/ or special offers (whether or not related to 9X), 9X may also interact with You for research purposes; through various modes i.e. via including but not limited to newsletters, SMS, telephone call, emails and such other modes as 9X may deem appropriate from time to time, at its sole discretion (‘User Services’), as per the following terms and conditions–
ii. 9X does not guarantee that User Services will be delivered and/ or discharged on time and also does not guarantee that the User Services will be delivered at all.
iii. While 9X seeks to ensure the accuracy and timeliness of the information available in the User Services, 9X cannot and does not guarantee the accuracy, reliability, timeliness, or completeness of that information at any given time.
iv. 9X will not be responsible for any inconvenience and/ or damage (whether monetary or otherwise) and/ or mental trauma that may be caused and/or otherwise in any way as a result of any modification and/ or suspension and/ or interruption in availability of the User Services.
v. Unless otherwise explicitly stated by 9X, all proprietary content in User Services is owned or licensed by 9X. You may not copy, reproduce, modify, frame, publish, republish, download, upload, modify, decode, transmit or otherwise distribute, via any media, partially or completely, any aspect or element of User Services or its content, whether or not visible, without 9X’s advanced written authorization. 9X does not suggest, warrant and/ or make any representation regarding the use, interpretations and/ or results of use of User Services.
vi. It is hereby clarified that 9X has a right to stop sending/ rendering of User Services to You and/ or to any other Registered User of this Site at any time and/or without assigning any reason.
vii. Content and advertisements provided as part of User Service:
Where we provide promotions/ advertisements/ special offers on/ via our Site we do not under any circumstance whatsoever:
a. warrant and/ or represent that the promotions/ advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or
b. endorse such promotions/ advertisements; and
c. advice You. You may obtain independent professional advice at your own cost before you take any action based upon promotions/ advertisements.
d.Your correspondence and/ or dealings with, or participation in promotions or advertisements, and any other terms, conditions, warranties or representations associated arising there from; strictly lie between You and the advertisers and/ or promoters, as the case may be. You agree that 9X shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such promoters/ advertisers on User Services.
e.The User Services which may be provided by 9X, at its sole discretion are solely promotional/ interactive in nature, as the case may be and You shall use it voluntarily at your own risks and consequences. 9X is under no circumstance whatsoever responsible for any loss/damage/disclosure etc. to be caused to by the use of User Services.
viii) If You wish to unsubscribe, You can do that at any time by clicking on the unsubscribe link of the Site. It is hereby clarified that we have a right to stop User Services to You and/ or to any other Registered User of this Site at any time and/or without assigning any reason.
6. BLOGS & FORUMS
If You agree to the Terms and Conditions set out herein, You may visit and participate in the Blogs and/ or Forums section (‘Section’) of this Site. 9X values your participation and asks You to please help 9X to maintain a friendly, safe and informative environment. By submitting material and/ or content and/ or discussions and/ or threads and/ or otherwise to the Section (‘Submission’) You are agreeing to our Blogs and Forums terms and conditions.
9X provides this Section for the expression of the views and opinions of Registered User and assumes no responsibility for the views and/ or opinions expressed.
If You submit Submission to us for publication on the Site You may do so on the following terms and conditions and warrant as follows:
(i) publication of any Submission You submit on this Site including but not limited to on this Section will be at 9X’s sole discretion. 9X reserves the right to make additions or deletions to the text or graphics prior to publication, to refuse publication or to close down any topics of discussion. Any Submission deemed inappropriate or offensive will be removed without notice. You agree and accept that 9X has no responsibility to review the Submission to (or which are part of) the Section, all of which are made available on the basis that 9X shall not be required to exercise any control or judgement of the Submission posted or contained therein.
(ii) You warrant to 9X that any Submission You submit on this Site including but not limited to on this Section is your own original work and that you own the copyright and any other relevant rights;
(iii) You agree not to post Submission which either promotes or advertises any commercial products or services;
(iv) You warrant that the Submission you submit is not obscene, offensive, defamatory of any person or otherwise illegal;
(v) You agree not to post Submission which is threatening or intended to upset other Registered Users;
(vi) You agree that 9X gives no warranty and/ or makes no representation as to the accuracy; currency or validity of the information and material contained within the Section and shall not be responsible for any loss or damage caused as a result of any use of such material.
(vii) You agree not to post any Submission that is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
(viii) 9X does not endorse any Registered User’s submission or any opinion, recommendation, or advice expressed therein;
(ix) All Submission posted to this Site is the sole responsibility of the individual who originally posted the content. 9X will not be liable, under any circumstances whatsoever and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Submission posted on this Site. You must evaluate and bear all risks associated with the use of any Submission, including any reliance on its accuracy or completeness.
(x) You agree that personal attacks will not be allowed. Comments or threads that 9X deem to be bigoted, hateful, or racially offensive will be moderated or deleted and the Registered User’s posting privileges may be suspended, at 9X’s sole discretion.
(xi) You acknowledge that any breach of these warranties may cause 9X damage or loss and you agree to indemnify and keep indemnified and hold 9X harmless in full and permanently against any liabilities, claims, costs, loss or damage 9X may incur as a result of publishing material You submit on this Site including but not limited to on this Section, including consequential losses;
(xii) when quoting from other sources You must keep the quote brief and, where possible, include a link;
(xiii) you are expected to treat other Registered User of the forum in a courteous and respectful manner; and
(xiv) 9X reserves the right to limit or terminate access to any Registered User, at its sole discretion.
b. Rights in the Content You Submit
All Submission posted by You to the Site including but not limited to the Section (“Works”) are submitted under the following licenses:
(i) Anyone, including but not limited to 9X, may copy, distribute, display and perform your Works, royalty-free, on the condition that they credit your authorship each time they do so.
(ii) RSS aggregators may copy, distribute, display and perform any Works on your blog that you syndicate using RSS. All Works on your blog are syndicated for RSS aggregation unless you change your settings to indicate otherwise.
7. ACCEPTANCE OF TERMS
In consideration for your use of the Services, you agree to comply with the Rules. If you violate the Rules 9X may, at its sole discretion, permanently ban you from using any current or future Services.
8. RESPONSIBILITY FOR USE OF THE SERVICES
You are entirely responsible and liable for all activities conducted by you, and/or any of the Services.
9. LINKED SITES
9X sites may frame and/or contain links to or advertisements about, non-9X Web sites. Other sites may also reference, advertise, or link to 9X sites. 9X does not endorse and/ or sponsor other websites and is not responsible under any circumstance whatsoever for the content of such websites. 9X expressly disclaims any Content, statements or assertions made on non-9X Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.
10. JURISDICTIONAL ISSUES
The Site is controlled and operated by 9X from its offices within India. Use of this Site constitutes your consent and submission to service of process under applicable laws of India for the purposes of any legal action or claim pertaining to these TAC and/or any 9X Site or Service.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 9X BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, INCLDUING BUT NOT LIMITED TO THE SITE, SITE CONTENT, SITE CODE, USER SERVICES OR THE SOFTWARE, EVEN IF 9X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE 9X TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, 9X SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 9X’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO 9X, IF ANY, FOR ACCESSING THIS SITE.
a. GOVERNING LAW/DISPUTE RESOLUTION
The rights and obligations of the Parties under the Agreement shall be governed by the laws of India. All disputes between the Parties relating to issues arising under this Agreement or the Service shall be resolved solely through proceedings instituted before the Court in Mumbai, India.
If any provision of the TAC shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
These TAC constitute the entire agreement between you and 9X and govern your use of the Service, superseding any prior agreements between you and 9X. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TAC is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 9X’s failure to enforce any right or provisions in these TAC will not constitute a waiver of such provision, or any other provision of these TAC. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. 9X will not be responsible for failures to fulfill any obligations due to causes By accessing, browsing and/or using our website you agree to the following terms and you agree to use the site in accordance with all applicable laws. If you do not agree you must cease to use our website.
Reference to “9X MEDIA PVT. LTD ” in the following terms and conditions refers to a company incorporated under the laws of India whose registered office is at Urmi Corporate Park, 1st Floor, Solaris “D”, Opp. L & T Gate No. 6, Saki Vihar Road, Powai, Mumbai – 400 072., India.
Reference to “9XO ” in the following terms and conditions refers to the 9xO owned by 9X MEDIA PVT. LTD.
Technical failure. Neither 9X MEDIA PVT. LTD is responsible for network, malfunctions, errors, delays or any other problem in any broadcast, or internet broadband transmission of any kind or any other circumstances beyond 9X MEDIA PVT. LTD’s reasonable control. 9X MEDIA PVT. LTD is also not responsible for traffic congestion or other capacity issues which may result in a message being lost or not properly recorded.
Right to amend these terms. You are advised to print and keep safe these Terms and Conditions. 9X MEDIA PVT. LTD reserves the right to amend these terms at any time without prior notice. Any changes will be posted on this website and will be effective as of the date of posting.
Disclaimer 9X MEDIA PVT. LTD will not be liable for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss, if any. 9X MEDIA PVT. LTD assumes no liability for the contents of any other website you may access from our website.
Copyrights The content on this website is protected by copyright and may not be reproduced or appropriated in any manner without the written permission of 9X MEDIA PVT. LTD.
Trademarks The images, logos and names on this website which identify 9X MEDIA PVT. LTD or any member of the 9X network are proprietary marks of 9X MEDIA PVT. LTD. or one of the other members. All rights are reserved.
Investor Relations Disclaimer
The information contained on this website does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision.
Server Ability If any part of these terms and conditions is found to be unenforceable it will not affect the enforceability of the remainder of the terms and conditions.