Terms & Conditions
DISCLOSURE 1: GENERAL
DISCLOSURE 2: DISCLAIMER
The Service is provided "as is" and the Provider disclaims any and all representations and warranties, whether express or implied, including;- but not limited to;- implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome from the use of the Service. The Provider does not warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or whether material or immaterial, that is caused by the usage or non-usage of the Service. This does not apply to damages, disadvantages that are caused by the Provider intentionally, recklessly or negligently. The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time. No one has a right to use the Service; the Provider reserves the right to exclude certain Users.
DISCLOSURE 3: STORAGE INFORMATION
The service largely consists of Information or knowledge stored on the request of the users who are using the services provided by the provider. The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot be having any current knowledge of possible infringements in terms of copyrights or IP caused by information that is stored on the request of Users. The Provider is not liable for such information. The Provider hence or will, upon obtaining any knowledge about or awareness of such infringement, act stringently to remove or disable access to such information. Hence users may only are requested to store such information that they may be allowed to legally store and publish. Users must not request to store any information that infringes any third party's copyright, trademarks, other intellectual property rights or any other rights. Users compensate the Provider from any claims raised by third parties in reference to any information that is stored on request of the respective User. The compensation covers all adequate expenditures, including court and lawyer fees.
DISCLOSURE 4: NOTICE AND TAKE DOWN
If a user feels that any information provided within the Service infringes his/her or any third party's rights, he or she shall notify the Provider before taking any legal action. Upon such notification, the Provider will stringently check the objectionable information and will, where necessary, remove or disable access to this information. The Provider will respond to any such notification within three business days. Users shall not take any legal action before the Provider has dismissed the notification or three business days have elapsed without response. The Provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier, unless the Provider has caused the infringement intentionally, recklessly or negligently.
DISCLOSURE 5: MISUSE OF THE SERVICE
Users must not misuse the Service. Misuse of the Service includes, without limitation: insulting or abusing other Users; automated or massive manual retrieval of other Users' profile data ("data harvesting without prior permission”); advertising for commercial products or services of all kinds and pondering other users; unsolicited job offers and business proposals to users; all kinds of technical attacks on the servers and databases of the provider. All aforementioned actions or behaviours in this article are strictly forbidden, unless the User has obtained prior written permission by the Provider.
DISCLOSURE 6: USAGE OF INFORMATION
All information provided within the Services provided by the Provider and by other Users may only be accessed manually by a natural person using ordinary Internet devices. Users must not publish, share, sell or make available the information that is provided within the Service by the Provider or by other Users to/with any third party. Users must not store or process any other User's personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.
DISCLOSURE 7: COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
The software running the Service, the site designs themes, the logos and other graphics, articles and other texts as well as the database are protected by copyright and property of the Provider.
DISCLOSURE 8: APPLICABLE LAW
These Terms and Conditions, are an agreement solely under the law of the indian government insofar as it is directly applicable within India. The Provider and the User would waive all other law, including the law at the place of residence or usage of the User (if other than India) and any international trade law
DISCLOSURE 11: SALVATORIOUS CLAUSE
If any provision or provisions of this Terms and Conditions and its additions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) INFORMATION
Ignovision Solutions India ("Profeza", the "Provider") respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through profeza.com (the "Site") without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act ("DMCA"). profeza will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.
A. NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief regarding the use of materials on the Site infringes your copyright, you may send to the Provider a notice requesting that the material be removed, or access to it be blocked.If you believe that your work has been copied and made available through the Site in a way that constitutes copyright infringement, you may send a written document to [Company]'s Designated Agent (as set forth below) that contains the following (a “Notice"): A description of the copyrighted work that you claim has been infringed and, if multiple copyrighted works are covered by a single notification, a list of all such works. Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of the owner of an exclusive right that is allegedly infringed; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law. A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf. Your name, mailing address, telephone number, and email address. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Provider against you, the DMCA permits you to send the Provider a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Ignovision solutions india designated agent:
Mr. Jatesh Sachdeva,
Ignovision Solutions Pvt Ltd,
14/7, Mathura Road,
Faridabad Haryana, IN,
Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by a Site user is infringing your copyright. The Provider suggests that you consult with your legal advisor before filing a notice or counter-notice. Upon receiving a proper Notice, Ignovision will remove or disable access to the allegedly infringing material in the profeza site. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
B. COUNTER NOTICE PROCEDURE
If you believe your own copyrighted material has been removed from the Site in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following: Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, any other judicial district in which Ignovision may be found. A statement that you will accept service of process from the party that filed the Notice or the party's agent. Your name, address and telephone number. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Your physical or electronic signature. If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 14-21 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.
C. REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, we will, at our discretion, disable and/or terminate access to the Site by users who may infringe or repeatedly infringe the copyrights of others.