ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
These Terms of Service ("TOS") apply to web sites and interactive services owned or operated by Quest Mercury Intermedia Private Limited (hereinafter referred to as the "Service"; together the "Services") including Futurescopes.com and all sub domains under it. The TOS applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). By visiting or using the Services you are agreeing to abide by the TOS.
Quest Mercury Intermedia Private Limited may change the TOS at any time and the changes will become effective immediately after posting the revised TOS. You can review the most current version of the TOS at any time at here. You are responsible for checking periodically for changes and your continued use of the Quest Mercury Intermedia Private Limited Services after the effective Date indicates your acceptance of the new TOS.
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the TOS. Quest Mercury Intermedia Private Limited may also offer certain Services that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.
2. Quest Mercury Intermedia Private Limited services
A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. Some Services are presently provided free of charge and others require payment. Quest Mercury Intermedia Private Limited reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that Quest Mercury Intermedia Private Limited will not be liable to you or any third party for any modification or discontinuance of the Services.
B. Service Limitations. While we make every effort to ensure that you have access to all features of our web sites at all times, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither Quest Mercury Intermedia Private Limited nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings. Please refer to Section 6 below for full details.
D. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Quest Mercury Intermedia Private Limited does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Quest Mercury Intermedia Private Limited does not pre-screen User Content, and has no obligation to do so, but that Quest Mercury Intermedia Private Limited and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
E. Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through Quest Mercury Intermedia Private Limited's third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Quest Mercury Intermedia Private Limited does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Quest Mercury Intermedia Private Limited does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
3. General Rules
For the benefit of the entire Quest Mercury Intermedia Private Limited community, and to comply with applicable laws, we have certain general rules, which Quest Mercury Intermedia Private Limited will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by Quest Mercury Intermedia Private Limited, you should carefully read and follow them.
A. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify Quest Mercury Intermedia Private Limited immediately and promptly change your password. Please visit the Support Center for instructions on how to change your password or to contact Quest Mercury Intermedia Private Limited.
C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
D. Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by Quest Mercury Intermedia Private Limited and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Quest Mercury Intermedia Private Limited.
E. Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any Quest Mercury Intermedia Private Limited account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using and/or registering for the community boards, user pages, forums or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose.
Post surveys, contests, pyramid schemes or chain letters. Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner. Restrict or inhibit any other User from using and enjoying any public area of the Services. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
If you choose to use language, such as a user name that, in Quest Mercury Intermedia Private Limited's sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name.
2) User Tools. Quest Mercury Intermedia Private Limited and its affiliates reserve the right to terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.
3) Monitoring. Quest Mercury Intermedia Private Limited and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, Quest Mercury Intermedia Private Limited and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in Quest Mercury Intermedia Private Limited 's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. Quest Mercury Intermedia Private Limited is not responsible for its theft, copying or placement of that User Content on other media or networks. Quest Mercury Intermedia Private Limited and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, Quest Mercury Intermedia Private Limited and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of Quest Mercury Intermedia Private Limited or any of its affiliates, and their views do not necessarily reflect those of Quest Mercury Intermedia Private Limited and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant Quest Mercury Intermedia Private Limited certain rights as described below.
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Quest Mercury Intermedia Private Limited will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
4. Rights You Grant to Quest Mercury Intermedia Private Limited.
A. User Content. By submitting any User Content through or to the Services, including on any User Tools, forums, blogs or User Pages, you hereby irrevocably grant to Quest Mercury Intermedia Private Limited, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Quest Mercury Intermedia Private Limited will take reasonable precautions to help you to keep your email and voicemail messages private. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You agree that the foregoing grant of rights by you to Quest Mercury Intermedia Private Limited and its affiliates is provided without any the entitlement of payment of fees or consideration.
B. Account Access. In order to ensure that Quest Mercury Intermedia Private Limited is able to provide high-quality services that are responsive to Users' needs, you agree that Quest Mercury Intermedia Private Limited representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
5. Children and Mature Content
The Services are not directed to children under the age of 13. Quest Mercury Intermedia Private Limited will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children.
6. Other Legal Stuff
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Quest Mercury Intermedia Private Limited, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, Quest Mercury Intermedia Private Limited ) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Quest Mercury Intermedia Private Limited MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY Quest Mercury Intermedia Private Limited PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Quest Mercury Intermedia Private Limited IS NOT RESPONSIBLE FOR ANY VIEWS, ARTICLES, ADVICE OR OPINIONS EXPRESS ANYWHERE IN THE WEB SITE. PLEASE USE YOUR OWN DISCRETION WHEN ACTING ON SUCH INFORMATION. Quest Mercury Intermedia Private Limited WILL NOT BE RESPONSIBLE FOR LOST PROFITS, LOSSES OR ANY DETERIORATION IN YOUR QUALITY OF LIFE BY USING SUCH INFORMATION.
ALL DISPUTES ARE SUBJECT TO THE COURTS OF MUMBAI, INDIA WHERE Quest Mercury Intermedia Private Limited IS HEADQUARTERED,
C. Limitation of Liability. YOU AGREE THAT THE Quest Mercury Intermedia Private Limited PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE Quest Mercury Intermedia Private Limited PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY Quest Mercury Intermedia Private Limited PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE Quest Mercury Intermedia Private Limited PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Quest Mercury Intermedia Private Limited, OR (II) US$100.00.
D. Indemnification. You agree to protect and fully compensate the Quest Mercury Intermedia Private Limited Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the TOS by you or any other user of your account (whether or not authorized).
E. Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide Quest Mercury Intermedia Private Limited's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Quest Mercury Intermedia Private Limited's Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Quest Mercury Intermedia Private Limited
New Link Rd. Extn.,
G. Notices. Quest Mercury Intermedia Private Limited may give you notice of certain events from time to time and may be required by state law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided Quest Mercury Intermedia Private Limited with your accurate email address.
Direct questions or notices to Quest Mercury Intermedia Private Limited as follows:
Quest Mercury Intermedia Private Limited
New Link Rd. Extn.,
Use Restriction. The material on the Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. Quest Mercury Intermedia Private Limited spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Services, without express written permission from Quest Mercury Intermedia Private Limited. You agree that if you do so, Quest Mercury Intermedia Private Limited reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.