Terms Of Use

https://indiancommoner.org/ is developed and operated collaboratively by Foundation for Ecological Security and Center for Social Ecology to provide a web platform to enable individuals and organizations from various communities to interact and exchange their ideas and views from different walks of life (the “Website”). Use of this Website is governed by the following terms and conditions and the privacy policy (collectively referred to as the “Terms of Use”). Please read the Terms of Use, carefully, in its entirety, before using the Website.

Your continued use of the Website will constitute your assent to the Terms of Use. If you do not agree to the Terms of Use, please do not use or access the Website.

1.GENERAL

• The term “user” or “you” shall mean any person who accesses the Website, members of Indian Commoner who have registered on the Website, members who contribute by way of publishing posts/ articles or upload any texts, images, photographs, videos/podcasts, audio files, links or shares his/her comments, views and opinions on the Website.
• Your acceptance of these Terms of Use implies that you have the capacity to enter into a legally binding contract as per applicable law, and where the users are below the age of majority as mandated under applicable laws, parents / legal guardians of such users have consented to and have exercised their discretion before permitting the user to do so.
• We reserve the right to amend all or any of the Terms of Use from time to time. We will notify you of such changes by posting the revised version of the Terms of Use on the Website. Your use of the Website following changes to these Terms of Use will indicate your acceptance of such amendment.

2.USAGE OF THE WEBSITE

2.1 User Account

• In order to access and use the various features of Website, you are required to create an account (“Account”) by providing your details such as name, email address and contact details. This information can also be provided if you choose to create an Account by using the ‘Log in with Facebook’ option (collectively, the “Information”). You are required to ensure that the information provided by you is accurate and up to date at all times. Please refer to the Privacy Policy for the age limit to create an Account on the Website. Please be aware that if you choose to create an Account by using the ‘Log in with Facebook’ option, Facebook will also have the information that you are using our Website.
• Upon successful creation of the Account, you will be issued a username and password, linked to your Account. User Accounts are personal, confidential and not transferable. You will be responsible for all information posted under your Account. You will create only one user Account and will not create successive Accounts unless the previous Accounts are duly deleted. Each Account will correlate to 1 (one) user and cannot be shared or used by more than 1 (one) user at a time.
• By providing us with the Information, you agree that the contact number supplied by you is not part of any “do not call” registry or its equivalent, anywhere in the world and that we may use the Information to send you communication, notices or alerts, from time to time. Please ensure that the contact Information provided by you are accurate and up to date at all times.
• We reserve the right to amend, modify, restrict, suspend or discontinue your access to any or all parts of the Website without prior notice. If your Account has been disabled, suspended or discontinued by us, you will not create a new Account, whether with your information, or otherwise.
• We shall not retain Information for a period more than necessary to fulfill the purposes outlined in the Privacy Policy, unless a longer retention period is required by law or for directly related legitimate business purposes. Please refer to our Privacy Policy available at https://indiancommoner.org/privacy-policy to know more about the rights available to you with respect to the Information provided by you.

2.2 User’s Responsibilities

• The user is responsible for all activities that occur using his / her Account. The user shall: (i) be responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Information; (ii) use reasonable efforts to prevent unauthorized access to, or use of, the Website, and notify Indian Commoner promptly of any such unauthorized use or breach of security as provided in the Privacy Policy; and (iii) comply with applicable laws.
• In respect to the Website, the user shall not:
  • copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Website. You may not distribute any part of this Website over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database
  • send spam or otherwise duplicative or unsolicited messages in violation of applicable law
  • facilitate or encourage any violation of these Terms of Use
  • iv. send spam or otherwise duplicative or unsolicited messages in violation of applicable law
  • introduce into the software any software, virus, worm, “back door”, Trojan Horse, or similar harmful code; or
  • directly or indirectly solicit the Account Information of other users or access or try to access any account which does not belong to you.
• You shall not post, display, upload, modify, publish, transmit, update or share any information on the Website, that:
  • is or may be construed as being malicious, inaccurate, false, unfair, defamatory, slanderous, pornographic or otherwise sexually-oriented or that makes attacks on or otherwise opines or comments on any individuals or groups of individuals or other users or which violates the legal right of others
  • belongs to anyone else, or is harmful or disparaging, or violates any law or infringes any third party rights
  • disclose/display any personally identifying information or private information about any third parties without their express consent
  • infringes any patent, trademark, copyright or other proprietary rights
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation

2.3 You agree to be fair, accurate and non-disparaging while leaving comments, opinions, feedback, ideas, suggestions and reviews on the posts/newsletter published on the Website. You confirm that such submissions do not and shall not infringe any intellectual property rights of any person. You agree to assign, and hereby do assign all rights in these submissions (i.e. comments, opinions, feedback, suggestions and review) to Indian Commoner. You acknowledge that Indian Commoner shall be entitled to use the submissions for any purpose whatsoever, without any compensation to you. In any event, such submissions are not and will not be treated as confidential and Indian Commoner shall not be liable for any disclosure of the submissions.

2.4 If the user violates this Paragraph 2.2, Indian Commoner shall have the right, in its sole discretion, to remove, edit or deny the user access to the Website, or any portion thereof, without any notice. You also acknowledge that the posts made on any discussion forums on the Website express the views and opinions of their respective authors and not of Indian Commoner.

3. INTELLECTUAL PROPERTY RIGHTS

Subject to your compliance with this Terms of Use, the contents of this Website shall constitute as open source, public source or freeway material and shall be redistributed in such manner to keep the contents of this Website as open source, using appropriate protection such as Creative Commons copyright license or such other licenses or permits as applicable and not for any commercial purposes.

4. THIRD PARTY LINKS

• Indian Commoner is not responsible for any linked sites that may be linked to our Website. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such third party links.
• We do not provide any endorsement or recommendation of any third party links/website. Such linked websites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
• We shall not be liable for any disputes arising from or in connection with the transaction between you and any third party, and shall not and are not required to mediate or resolve any such disputes or disagreements.

5. WARRANTIES

The user warrants and covenants that he / she shall (a) not do any act or deed or thing, nor shall it permit or suffer any act or deed or thing to be done, which may in any way modify, translate, reverse engineer, decompile or disassemble the Website; and (b) use the Website in compliance with the Terms of Use and all applicable laws, rules, and regulations. Further, the user warrants that the use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

6. DISCLAIMER

We do not warrant that our Website will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through our Website. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to our Website or any information or materials that are available through our Website. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this Website or available through links on our Website. We reserve the right to correct any errors or omissions on our Website. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our Website, we do not guarantee or warrant that our Website or materials that may be downloaded from our Website do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Website and any materials available through our Website, you do so solely at your own risk.

7. INDEMNIFICATION

The user shall defend, indemnify and hold Indian Commoner harmless against any loss or damage (including reasonable attorneys’ fees) incurred in connection with the use of the Website by the user otherwise than in accordance with the terms contained in these Terms of Use.

8. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES

• In no event shall Indian Commoner have any liability to the user for any lost profits, loss of use, costs of procurement of substitute goods or services, or for any direct, compensatory, indirect, special, incidental, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the user has been advised of the possibility of such damage.
• The user acknowledges that the Website is for a charitable purpose and not for making any profits, and that Indian Commoner shall not be liable for any damages, of whatever kind, or to indemnify the user, for any loss or claim against the user, arising from or in connection with, or relating to, the Website.

9. BREACH OF TERMS OF USE

If you have, or we have reasonable grounds to believe that you have, violated any of these Terms of Use, or that your use of the Website conflicts or interferes with our reputation, interest or might subject us to unfavourable legal or regulatory action in any way, we may indefinitely suspend or terminate your access to the Website at any time, and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.

10. GENERAL PROVISIONS

• If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect.
• No failure or delay on the part of Indian Commonerin exercising any right under these Terms of Use, or availing of any remedy available to Indian Commoner, shall constitute a waiver of that right or remedy. The user acknowledges that the remedies provided herein are in addition to, and not exclusive of, any other remedies available to Indian Commoner at law or in equity.
• This Agreement shall be governed by the laws in India and each of the parties submit to the jurisdiction of the courts of Jaipur.

11. GRIEVANCE REDRESSAL OFFICER

In accordance with the Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Purnendu Kavoori
Email: purnendukavoori@censeindia.org
Address: Center for Social Ecology, e-237, Ram Path, Shyam Nagar, Jaipur- 302919
Phone No.: 9686698107

If you have questions, concerns or complaints regarding the Terms of Use or if there is a breach of these Terms of Use or any applicable law, you should immediately inform the above designated grievance officer.