We reserve the right to change, suspend, or discontinue the M&M Website (including, but not limited to, the availability of any feature, database, services or content) or any part thereof, at any time for any reason. We may also impose limits on certain features and services or restrict your access to parts or all of the services of M&M Website without notice or liability.
M&M Website and its contents are available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that any personal information you may submit will be accurate and truthful. We reserve the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. We may, in its sole discretion, refuse to offer the M&M Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the M&M Website is revoked in those jurisdictions.
(B) INTELLECTUAL PROPERTY NOTICE
Copyright © 2015 Mahindra & Mahindra Ltd. ALL RIGHTS RESERVED.
- The M&M Website is the exclusive property of M&M. All the contents, documents, information and database included on the M&M Website, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software), is owned, controlled or licensed by or to M&M and/or Mahindra Group Affiliates and may be protected as copyright, database rights, trademark, intellectual property law and other proprietary rights.
- The marks ‘Mahindra,’ ‘Rise’,, ’the Corporate Logo’, ‘Ridge Device’, indicated on each page are the trademarks owned by M&M , which also includes any all other graphics, logos, page headers, taglines, button icons, scripts and service names The said M&M trademarks may not be used in connection with any product or service that is not in any manner connected or provided by M&M, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits M&M.
- All other trademarks not owned by M&M or Mahindra Group Affiliates that appear on the M&M Website, are the property of their respective owners, who may or may not be affiliated with or connected to M&M and we do not claim any right, interest or affiliation with such parties.
- Nothing on the M&M Website or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of M&M or Mahindra Group Affiliates, or any third party, whether implied or otherwise, save as expressly provided.
- Any software, including codes or other materials that are made available to download from the M&M Website, is the copyrighted work of M&M and/or its suppliers and affiliates. If you download software from the M&M Website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of M&M in the case of codes or other downloadable materials.
Users’ Comments and Information Collected
The Company does not assume any obligation to monitor the information that you may post on its website.
You warrant that any and all information, projects, files or other attachments sent to us (‘Material’) or comments other than personal data, that you may transmit to the Company through the website does not infringe intellectual property rights or any other applicable law. Such Material or comments, will be treated as non-confidential and non proprietary. By submitting any information or Material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such Material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such Material and/or comments in any way it chooses.
(C) USER RULES OF CONDUCT
By using this M&M Website, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of this M&M Website, we expect users of the Website to follow these few basic guidelines (which form part of the terms and conditions for access and use of the M&M Website) as are acceptable for a user policy:
- Unless with our prior permission, no part of the M&M Website may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
- You have a limited permission to display, print or download extracts from these pages of the M&M Website for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialise any such material or contents on the M&M Website in any way. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorisation is prohibited. Framing this site or using our proprietary marks as meta tags by you or any person acting on your behalf, without our written consent is impermissible. Use of contact information provided on the site for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the site or to intercept any information from the site is prohibited.
- You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the M&M Website without our prior written consent save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the M&M Website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use.
- You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the M&M Website or use any of the materials for public performance or otherwise make commercial use of the M&M Website or any materials located on it without our prior written consent.
- You cannot upload on the M&M Website or submit any content or otherwise distribute or publish through the M&M Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another’s privacy or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the user and at our discretion to remove any such content from our server immediately.
- You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the M&M Website, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the M&M Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
- You shall not, and shall not permit any third party using your account to, take any action, or submit any content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- you know is false, misleading, or inaccurate;
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of M&M or any third party;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
- impersonates any person or entity, including any employee or representative of the Company.
- You shall not: (i) take any action that imposes or may impose (as determined by M&M in its sole discretion) an unreasonable or disproportionately large load on M&M’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of M&M Website or any activities conducted on the same; (iii) bypass any measures M&M may use to prevent or restrict access to the M&M Website (or other accounts, computer systems, or networks connected to the same); (iv) run maillist, listserv, or any form of auto-responder or “spam” on the M&M Website; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the M&M Website.
- No user shall post any message to the M&M Website which is in violation of the acceptable use policies in respect of the M&M Website. We reserve the right to delete and remove all such postings.
- M&M Website cannot under any circumstances be used for commercial purposes by any user.
- You grant us a royalty free irrevocable permission to reproduce, download and print your user submissions in any of the sections on the M&M Website. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) the Services, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Submissions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. The foregoing license granted to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
- We reserve and retain the right or ability to remove the availability or ability of participants to post comments in the event of any breach of these acceptable use provisions.
- We will enforce appropriate sanctions against any of the users of the M&M Website who are responsible for abuse of the M&M Website. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access through the M&M Website or machines, (c) suspension of access to the M&M Website, (d) termination of any registration of the user with M&M Website or services.
Applicable law – Severability
After having read and understood the disclaimer and copyright notice, I hereby agree to accept and abide by all the terms and conditions as mentioned therein at my sole responsibility.
You agree to defend, indemnify, and hold harmless M&M, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to
- your use or misuse or an unlawful or negligent act or omission of, or access to, the M&M Website and content, or otherwise from your user submissions;
- infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with M&M in asserting any available defences.
Accessing M&M Website is prohibited from territories where the content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
(J) ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT
By using M&M Website, you consent to receive from M&M all communications including notices, agreements, legally required disclosures, or other information in connection with the M&M Website (collectively, “Contract Notices”) electronically. M&M may provide the electronic Contract Notices by posting them on the M&M Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the M&M Website.
(K) ENTIRE AGREEMENT