The document details the terms and conditions that regulate the use of specific Distinguished Magazine digital products and Distinguished-mag.com, including mobile applications, offered by Rocheston Press Pvt. Ltd.
1. GENERAL RULES AND DEFINITIONS
1.1 By using Distinguished-Mag.com (the “Site”), D-Mag’s mobile sites, features and applications, including downloads, software, RSS and API (the “Services”), you are agreeing to the Terms of Service between you and Rocheston Press Pvt. Ltd. (“D-Mag”, “us” or “we”).
1.2 We may alter, add or remove certain Terms and Conditions at any time, which come into effect on inclusion. It is the responsibility of the user to constantly review the changes and by usage of the site, you agree to any alterations.
1.3 Rocheston Press Pvt. Ltd. has the right to alter, suspend or discontinue a specific service or services at any time, including the any of the service feature, content or database. Restrictions or limits might also be imposed on your access to certain features and services without any notice or liability.
2. CONTENT AND FEATURES
2.1 The contents and features on the site are intended for personal and non-commercial use (articles, images, illustrations, video clips, audio clips, are collectively referred to as “Content”). Rocheston Press Pvt. Ltd., owns and controls the content, which is protected by copyright. Company or the party credited as the provider of the Content. By accessing the content, the user is abiding by all additional copyright notices, restrictions or information in the service.
2.2 The contents and services are protected by copyright in accordance to Indian and international copyright laws. Distribution, modification, sale, reproduction, sale or display of content or the services (including software) in whole or in part is prohibited (except Section 2.3 in the Terms of Service).
2.3 The user may download or copy the content, and other downloadable content, displayed on the site for personal use only and should maintain all copyright and other notices contained therein. Storing or copying any content without the written permission from Rocheston Press Pvt. Ltd., or the copyright holder identified in the copyright notice of the content is prohibited.
2.4 The content is owned or licensed to Distinguished Magazine. The site will not be responsible for delays, inaccuracies, errors or omissions or delivery of content, all or in part published by third parties and any damages arising therefrom.
3. USER GENERATED CONTENT: SUBMISSIONS
3.1 Uploading, distributing or publishing any obscene, libelous, defamatory, pornographic, abusive or illegal material is prohibited on the site. The user agrees not to deliberately “spam” discussions or comments with meaningless or repetitive messages. Be respectful and courteous.
3.2 Only noncommercial use of services are allowed. Publication or distribution of any material containing solicitation of funds, advertising or for goods or services is prohibited without the approval of Distinguished Magazine.
3.3 Submissions to the site: comments, reviews, text, video, audio and photographs (each a “Submission”), may be edited, altered, transmitted or published and displayed by Rocheston Press Pvt. Ltd. The submissions may be included in the RSS feeds, APIs and made available through other formats.
3.4 A user grants a royalty free, sub-licensable license to the submissions, which includes without limitation the right for Distinguished Magazine or any third-party it designates to modify, transmit, copy, use, distribute, publicly display in any form of media known now or developed hereafter. Submissions posted by a user is owned by Rocheston Press. Pvt. Ltd., including submissions through third party.
3.5 The user is responsible for the content in the submissions. But, D-Mag does not and cannot review every submission and is not responsible for the content. The site deserves the right to remove, edit and move submissions that are abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 Submission to the site indicated that you are consenting to the display the publication on the site for online and offline promotional uses.
4. USE OF THE SERVICES
4.1 The site may not be accessed or used, or take any action that could harm us or a third party. The user may not access parts of the site, which are not authorized for use. The user may not attempt to bypass any restriction or condition imposed on the use or access that could affect or disable the functioning or appearance of the site, including the presentation or display of advertising. Exposure to advertising is a condition of accessing the services.
4.2 The site includes links to other Internet sites, resources and advertisers. Rocheston Press Pvt. Ltd. is not responsible for the availability of external resources, or their contents, and any concerns should be directed to any external link on the site.
5. REPRESENTATIONS AND WARRANTIES
5.1 The user represents, warrants and warrants the following: (a) Submissions of materials of any kind will not (i) plagiarize, infringe or violate the rights of third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain defamatory or unlawful material; and (b) The user is at least thirteen years old. The user must indemnify, defend and hold Rocheston Press Pvt. Ltd. and information providers, licensors and licensees and agents (collectively, Indemnified Parties) from any liability such as attorney’s fees, arising out of breach by the user of these Terms of Service or the above-stated representations, warranties and contract. D-Mag reserves the right to claim the defense and control any litigation, subject to damages from the individual.
5.2 Distinguished Magazine does not represent or validate the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded or distributed through the site by any user, information provider or entity. By relying on advice, opinion, statement or other information distributed by the site, the user acknowledges its sole risk.
ALL DOWNLOADABLE CONTENT AND SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS DEVOID OF WARRANTIES ,EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THE USE OF SERVICES AT YOUR SOLE RISK.
6. COMMUNICATION BETWEEN D-MAG AND USERS
6.1 Distinguished Magazine reserves the right to inform the users of changes to service through electronic mail.
6.2 Rocheston Press Pvt. Ltd. reserves the right to reveal information about the site’s usage and demographics. Advertisers and/or licensees on our web site may collect and share personal information on indicating your acceptance.
6.3 Distinguished Magazine may send in surveys for feedback on products and services through mail. This obtained information will be used to improve the services offered by the site, and surveys will not be shared with third parties.
7. SOFTWARE LICENSES
7.1 The user shall have no access or rights to proprietary software and related documentations, or any enhancements or modifications that was provided to access the site. Sublicensing, transfer or assigning the licenses granted by Distinguished Magazine, or any attempt at transfer, sublicense, or assigning shall be null and void. Copying, distribution, alteration or reverse engineering the works from the software is prohibited.
8.1 Rocheston Press Pvt. Ltd. reserves the right in its sole discretion to terminate, suspend access to all or part of the services for any reason or breach or assignment of Terms of Service.
9.1 These Terms of Service have been made in and shall be elucidated and enforced in accordance with the Indian law. Any action or breach in the Terms of Service shall be brought in the local or higher courts located in India.
9.3 The user agrees to report copyright violations in the Distinguished Magazine in their knowledge. Any claim of copyright infringement with respect to material in the site can be notified to [email protected]