1. Pressmart agrees to provide its services to the Customer which is defined in the Work Order. In consideration of the performance of the Services, the Customer agrees to make payments to Pressmart as per the Service Fee & Payment Terms specified in the Work Order.
2. The term of this Terms and Conditions shall be for a period of one (1) year from the date of Work Order which will be automatically renewed every year, unless it is terminated by either of the parties. During renewal contract terms can mutually discussed and amended by both the parties.
3. The Customer acknowledges and agrees that all the rights, title and interests in the intellectual property rights with respect to the technology and Services therein are solely and absolutely owned by Pressmart and shall continue to vest with Pressmart.
4. The parties understand and agree that the Customer owns and will continue to own all copyright and other intellectual property rights of the content provided to Pressmart under this terms and conditions (“Content”) and the responsibility for the Content will remain with the Customer. For the purposes of clarity, the Content under this Agreement shall mean to include the contents as received from Customer by Pressmart.
5. Pressmart can use the Customer’s intellectual property rights such as trademarks, tradenames, logos, etc solely for promoting the capability/technology of Pressmart.
6. The Customer warrants that the Services shall be used for lawful purposes only. The Customer agrees that the Customer may not, without limitation, submit or transmit through the Services, any material or content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of sexual acts, is lascivious or appeals to prurient interest. In the event Pressmart is notified of any allegedly illegal Content, Pressmart may request the Customer to investigate the allegation and/or edit or remove such Content. The Customer expressly agree that Pressmart shall not be liable in any manner whatsoever for any claims or complaints made by any third party with respect to the Content.
7. Pressmart may at its will can send promotional offers of its partners to publication subscribers.
8. The Services are provided by Pressmart on an "AS IS" basis, without other warranties or conditions of any kind beyond the expressed, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose. Nothing stated in this Terms and Conditions shall imply that the operation of the Services shall be uninterrupted or error free.
9. The Customer agrees and acknowledges that the text extraction in the Content is dependent on the formatting & fonts embedded in the Content and the extracted text may not be same as displayed in original Content or can contain junk characters. Hence, the Customer acknowledges that it shall not hold Pressmart liable for inability to extract & render text as is due to such error in text extraction.
10. Each party indemnifies, defends and holds harmless other from and against any and all losses or damages incurred upon (i) a breach of any warranty of the indemnifying party, or (ii) a breach of any covenant or deficiency of Services or a failure to perform any obligations required to be performed by the indemnifying party under this Terms and Conditions.
11. The parties agree that during the term of this Terms and Conditions and for a further period of five (5) years, the confidential information about Pressmart product & services including the back end features and IP shall be held in the strictest of confidence and shall be disclosed only after the receipt of prior written consent.
12. Either party may terminate this Terms and Conditions without any reason by giving a written notice of three (3) months to the other party. Further, either party may terminate this Terms and Conditions upon written notice of thirty (30) days, if the other party is in breach of any of the terms of this Terms and Conditions and fails to cure the breach within such notice period.
13. Each party’s liability to the other for any causes whatsoever shall be limited to one quarter processing payments received by Pressmart. However, such limitation of liability will not be applicable for death, bodily injury or damage to real or tangible personal property, or indemnity obligations or third party claims for infringement of intellectual property rights or breach of confidentiality obligations.
14. The interpretation and enforcement of this Terms and Conditions shall be governed by the laws of India and all disputes under this Terms and Conditions shall be governed by the provisions of the Arbitration and Conciliation Act, 1996. The venue for arbitration will be Hyderabad, India. Subject to the above mentioned, the parties submit to the exclusive jurisdiction of the courts situated at Hyderabad, India.
15. Pressmart may at its will can promote publishers and their editions on its ePaperCatalog / eMagazineCatalog / Newstand (Presskart).
Above Terms & Conditions will effect from 01-04-2012, if you have any concerns please contact firstname.lastname@example.org
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