Welcome to Newmediacomm.com, syndication portal of New Media Communications Pvt Ltd (herein after referred to as the “Site”). These terms and conditions of use (“Terms”) constitute a legal agreement between you and New Media Communications Pvt Ltd (“NMCPL”). Use of this Site constitutes your unconditional acceptance of these Terms herein and by all terms, policies and guidelines incorporated by reference.
These Terms apply to your use of this Site, and do not alter in any way the terms or conditions of any other agreement you may have with NMCPL, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify NMCPL for violations of these Terms.
If you do not agree with these terms, please do not use this Site.
This Site is owned and operated by New Media Communications, for and on behalf of NMCPL. All the content featured or displayed on this Site, including, but not limited to, text, graphics, data, images-(photographic and moving), illustrations, software and selection and arrangement thereof (“Content”), is owned by NMCPL .
All elements of this Site, including, but not limited to, the general design and the Content thereof, are protected by copyright, moral rights, trademark and other laws related to the protection of intellectual property rights. Except for, as explicitly permitted under this, or other written license or agreement with NMCPL , no portion or element of this Site or its content may be copied or retransmitted via any means. All related rights shall remain the exclusive property of NMCPL, its licensors or its third-party image partners.
This Site and its Content are intended for customers of New Media Communications, the syndication division of NMCPL. You may not use this Site or the content for any purpose which is not related to your business with New Media Communications. Any use of the Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, pass codes or other permissions that may have been granted by New Media Communications on behalf of NMCPL for use of this Site.
You are specifically prohibited from (i) downloading, copying, or retransmitting any or all of the Site or the Content without, or in violation of, a written license or agreement with NMCPL; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) manipulating or otherwise displaying the site or the content by using, framing or similar navigational technology; (iv) registering, subscribing, unsubscribing, or attempting to register, subscribe any party for any the site if you are not expressly authorized by such party to do so; and (v) using the Site or Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from India or the Country in which you reside.
NMCPL ‘s Trademarks, the NMCPL logo, and any other product or service name or slogan contained in the Site are trademarks of NMCPL and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NMCPL or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing content or any other name, trademark or product or service name of NMCPL without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of NMCPL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify NMCPL immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless NMCPL, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Content, or your violation of any rights of another. Further you shall indemnify NMCPL , its subsidiaries, its affiliates and licensors against any loss, expense, cost or damage incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Content or the Site.
Notwithstanding any of these Site Terms, NMCPL reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
NMCPL reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit the website.
You hereby expressly agree that once you or any other person have started the process of downloading content from the site by expressly without reservation agreeing to the terms and conditions of the site and license agreement by clicking and accepting them and have further submitted your credit card/ any other card details to the site/internet banking service provider for payment and your account gets debited no chargeback claim/dispute with regard to the failure of delivery of Product/ Content or the use/misuse of such credit card or any other card, filed by you/on your behalf with the Credit Card Provider/Internet banking service provider or any Bank/Financial Institution shall be binding on NMCPL or NMCPL’s Merchant Bank which maintains NMCPL servers thereby giving connectivity to internet banking service provider(s).
You accept and take full responsibility towards the ownership/possession and use of your credit card or any other card. You expressly waive and consciously give up any/all rights you may have in law or in any agreement between you and the credit card or any other card provider/internet service provider or under network rules and regulations to raise any dispute to claim any charge back or any process fee from any Bank/Financial Institution/ Internet banking service provider affecting NMCPL in any manner pecuniary or otherwise on any grounds whatsoever including non delivery of Product/Content or fraudulent or improper transactions by the unauthorized/improper use of your credit/debit card or any other card.
This understanding that you will have no right to claim any charge back is a material condition of this agreement and once you hereby expressly agree to it you shall be estopped from challenging/disputing it in any adjudication/proceeding before any Bank/Financial institution/ Internet banking service provider or Court or otherwise.
Without prejudice to NMCPL ‘s right to defend its interest(s), NMCPL shall not be made a party to any chargeback proceedings before any Bank/Financial institution/ Internet banking service provider or court and in no case be required to prove the transaction effected by the use of your credit/debit or any other card was legitimate and genuine, or that BCCL has actually provided you the downloaded content.
THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND BCCL AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. BCCL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT NEW MEDIA COMMUNICATIONS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR CONTENT. BCCL MAKES NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
NMCPL uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties for the same. Images of people or places displayed on the Site are either the property of, or used with permission by, NMCPL or third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws
No action of NMCPL, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, it will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms; the Content displayed on the Site, any license or product prices contained on the Site and any other information or license terms without prior notice. These Terms set out the entire agreement between NMCPL and you relating to your use of this Site. Any rights not expressly granted herein are reserved.