Your use of AVIATOR MEDIA's products, software, services and web sites (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and AVIATOR MEDIA Headquartered at 69, Shantiram Rasta Bally , Howrah , Kolkata , West Bengal , India. PIN - 711201. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with AVIATOR MEDIA, your agreement with AVIATOR MEDIA will always include, at a minimum, the terms and conditions set out in this document. These terms are referred to as the "General Terms".
Your agreement with AVIATOR MEDIA will also include the terms of any Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the "Specific Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The General Terms, together with the Specific Terms, form a legally binding agreement between you and AVIATOR MEDIA in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
If there is any contradiction between what the Specific Terms say and what the General Terms say, then the Specific Terms shall take precedence in relation to that Service.
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
clicking to accept or agree to the Terms, where this option is made available to you by AVIATOR MEDIA in the user interface for any Service; or
by actually using the Services. In this case, you understand and agree that AVIATOR MEDIA will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with AVIATOR MEDIA, or (b) you are a person barred from receiving the Services under the laws of the Republic of India or other
Before you continue, it is recommended that you should print off or save a local copy of the General Terms for your records.
You acknowledge and agree that XTY will be entitled to provide the Services to you.
AVIATOR MEDIA is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which AVIATOR MEDIA provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that AVIATOR MEDIA may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at AVIATOR MEDIA's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform AVIATOR MEDIA when you stop using the Services.
You acknowledge and agree that if AVIATOR MEDIA disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account, and you have no objection whatsoever to such disablement.
You acknowledge and agree that AVIATOR MEDIA may set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, and such fixed upper limits may be set by AVIATOR MEDIA at any time, at AVIATOR MEDIA's discretion.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to AVIATOR MEDIA will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Republic of India or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by AVIATOR MEDIA, unless you have been specifically allowed to do so in a separate agreement with AVIATOR MEDIA. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with AVIATOR MEDIA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that AVIATOR MEDIA has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which AVIATOR MEDIA may suffer) of any such breach.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to AVIATOR MEDIA for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify the site administrator immediately.
You agree to the use of your data in accordance with AVIATOR MEDIA's privacy policies.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to AVIATOR MEDIA (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by AVIATOR MEDIA or by the owners of that Content, in a separate agreement.
AVIATOR MEDIA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, AVIATOR MEDIA may provide tools to filter out obscene and / or defamatory contents.
You understand that by using the Services you may be exposed to Content that you may find offensive, inaccurate or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that AVIATOR MEDIA has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which AVIATOR MEDIA may suffer) by doing so.
You acknowledge and agree that AVIATOR MEDIA owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by AVIATOR MEDIA and that you shall not disclose such information without AVIATOR MEDIA's prior written consent.
Unless you have agreed otherwise in writing with AVIATOR MEDIA, nothing in the Terms gives you a right to use any of AVIATOR MEDIA's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by AVIATOR MEDIA, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
AVIATOR MEDIA gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by AVIATOR MEDIA as part of the Services as provided to you by AVIATOR MEDIA (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AVIATOR MEDIA, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically allowed by AVIATOR MEDIA, in writing.
Unless AVIATOR MEDIA has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give AVIATOR MEDIA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling AVIATOR MEDIA to display, distribute and promote the Services and may be revoked for certain Services as defined in the Specific Terms of those Services.
You agree that this licence includes a right for AVIATOR MEDIA to make such Content available to other companies, organizations or individuals with whom AVIATOR MEDIA has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that AVIATOR MEDIA, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit AVIATOR MEDIA to take these actions.
You confirm and warrant to AVIATOR MEDIA that you have all the rights, power and authority necessary to grant the above licence.
The Software which you use may automatically download and install updates from time to time from AVIATOR MEDIA. These updates are designed to improve, enhance and further develop the Services and may take the form of cookies, bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit AVIATOR MEDIA to deliver these to you) as part of your use of the Services.
The Terms will continue to apply until terminated by either you or AVIATOR MEDIA as set out below.
If you want to terminate your legal agreement with AVIATOR MEDIA, you may do so by (a) notifying AVIATOR MEDIA site administrator in writing at any time and / or (b) closing your accounts for all of the Services which you use, where AVIATOR MEDIA has made this option available to you.
AVIATOR MEDIA may at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
AVIATOR MEDIA is required to do so by law; or
the provision of the Services to you by AVIATOR MEDIA is, in AVIATOR MEDIA's opinion, no longer commercially viable.
Nothing in this Section shall affect AVIATOR MEDIA's rights regarding provision of Services under Section 4 of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and AVIATOR MEDIA have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
It is AVIATOR MEDIA's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the Republic of India, The Copyright Act, 1957) and to terminating the accounts of repeat infringers.
AVIATOR MEDIA operates a trade mark complaints procedure in respect of AVIATOR MEDIA's advertising business.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by AVIATOR MEDIA on the Services are subject to change without specific notice to you.
In consideration for AVIATOR MEDIA granting you access to and use of the Services, you agree that AVIATOR MEDIA may place such advertising on the Services.
The Services may include hyperlinks to other web sites or content or resources. AVIATOR MEDIA may have no control over any web sites or resources which are provided by companies or persons other than AVIATOR MEDIA.
You acknowledge and agree that AVIATOR MEDIA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that AVIATOR MEDIA is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
You acknowledge and agree that AVIATOR MEDIA may make changes to the General Terms or Specific Terms from time to time without any reference or notice to you.
You understand and agree that if you use the Services after the date on which the General Terms or Specific Terms have changed, AVIATOR MEDIA will treat your use as acceptance of the updated General Terms or Specific Terms.
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and AVIATOR MEDIA and govern your use of the Services (but excluding any services which AVIATOR MEDIA may provide to you under a separate written agreement), and completely replace any prior agreements between you and AVIATOR MEDIA in relation to the Services.
You agree that AVIATOR MEDIA may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if AVIATOR MEDIA does not exercise or enforce any legal right or remedy which is contained in the Terms (or which AVIATOR MEDIA has the benefit of under any applicable law), this will not be taken to be a formal waiver of AVIATOR MEDIA's rights and that those rights or remedies will still be available to AVIATOR MEDIA.
Severability - If any court of competent jurisdiction rules that any provision of these Terms is invalid, then such provision may be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with AVIATOR MEDIA under the Terms, shall be governed by the laws of the Republic of India without regard to its conflict of laws provisions. You and AVIATOR MEDIA agree to submit to the exclusive jurisdiction of the courts located within the city of Kolkata, India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that AVIATOR MEDIA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.