The website located at www.margsoft.com ("WEBSITE") is a copyrighted work belonging to MARGSOFT Technologies Pvt. Ltd. ("WEBSITE"). Certain features of WEBSITE may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Access to the Site
Subject to these Terms. MARGSOFT grants you a non-transferable, non-exclusive, revocable, limited license to access WEBSITE solely for your own personal, noncommercial use.
The rights approved to you in these Terms are subject to the following restrictions:
- you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit WEBSITE.
- you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of WEBSITE.
- you shall not access WEBSITE in order to build a similar or competitive website.
Except as expressly stated herein, no part of WEBSITE may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated.
Any future release, update, or other addition to the functionality of WEBSITE shall be subject to these Terms. All copyright and other proprietary notices on WEBSITE must be retained on all copies thereof.
MARGSOFT reserves the right to change, suspend, or cease WEBSITE with or without notice to you. You agree that MARGSOFT will not be held liable to you or any third-party for any change, interruption, or termination of WEBSITE or any thereof.
No Support or Maintenance. You agree that MARGSOFT will have no obligation to provide you with any support in connection with WEBSITE.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in WEBSITE and its content are owned by MARGSOFT or MARGSOFT 's suppliers.
Note that these Terms and access to WEBSITE do not give you any rights, title or interest in or to any intellectual property rights. MARGSOFT and its suppliers reserve all rights not granted in these Terms.
“User Content” means any and all information and content that a user submits to WEBSITE. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by MARGSOFT. Because you alone are responsible for your User Content, you may expose yourself to liability. MARGSOFT is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant MARGSOFT an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in WEBSITE. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”: You agree not to use WEBSITE to collect, upload, transmit, display, or distribute any User Content
- that violates any third-party right or any intellectual property or proprietary right;
- that is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- that is harmful to minors in any way; or
- that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
- upload, transmit, or distribute to or through WEBSITE any software intended to damage or alter a computer system or data;
- send through WEBSITE any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
- use WEBSITE to harvest, collect, gather or assemble information or data regarding other users without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to WEBSITE, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to WEBSITE, whether through password mining or any other means;
- harass or interfere with any other user's use and enjoyment of WEBSITE; or
- use software or automated agents or scripts to produce multiple accounts on WEBSITE, or to generate automated searches, requests, or queries to WEBSITE.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
If you provide MARGSOFT with any feedback or suggestions regarding WEBSITE, you hereby assign to MARGSOFT all rights in such feedback and agree that MARGSOFT shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. MARGSOFT will treat any feedback you provide to MARGSOFT as non-confidential and non-proprietary.
You agree to indemnify and hold MARGSOFT and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of
- your use of WEBSITE,
- your violation of these Terms,
- your violation of applicable laws or regulations or
- your User Content.
MARGSOFT reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MARGSOFT. MARGSOFT will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
WEBSITE may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of MARGSOFT, and MARGSOFT is not responsible for any Third-Party Links & Ads. MARGSOFT provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Each WEBSITE user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that MARGSOFT will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any WEBSITE user, we are under no obligation to become involved.
You hereby release and forever discharge MARGSOFT and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to WEBSITE.
Cookies and Web Beacons
Like any other website, WEBSITE uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
Google DoubleClick DART Cookie
Our Advertising Partners
WEBSITE is provided on an “as-is” and “as available” basis, and MARGSOFT and it's suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. MARGSOFT and its suppliers make no guarantee that WEBSITE will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Limitation on Liability
To the maximum extent permitted by law, in no event shall MARGSOFT or its suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use WEBSITE even if MARGSOFT has been advised of the possibility of such damages. Access to and use of WEBSITE is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use WEBSITE. MARGSOFT may suspend or terminate your rights to use WEBSITE at any time for any reason at its sole discretion, including for any use of WEBSITE in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use WEBSITE will terminate immediately.
MARGSOFT will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the provisions of these Terms will remain in effect.
These Terms are subject to occasional revision, and if we make any substantial changes, MARGSOFT may notify you by sending you an e-mail to the last e-mail address provided to MARGSOFT and/or by prominently posting notice of the changes on WEBSITE. You are responsible for providing MARGSOFT with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid MARGSOFT's dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
These changes will be effective immediately for new users of WEBSITE. Continued use of WEBSITE following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Please read this Arbitration Agreement carefully. It is part of your contract with MARGSOFT and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes in connection with the Terms or the use of any product or service provided by MARGSOFT that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and MARGSOFT, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to MARGSOFT should be sent to:
17/1A, Madan Mohan
Malviya Marg, Lucknow - 226001 (UP), India
After the Notice is received, you and MARGSOFT may attempt to resolve the claim or dispute informally.
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.Right to Waive Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with MARGSOFT.
Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. Electronic Communications. The communications between you and MARGSOFT use electronic means, whether you use WEBSITE or send us emails, or whether MARGSOFT posts notices on WEBSITE or communicates with you via email. For contractual purposes, you
- consent to receive communications from MARGSOFT in an electronic form; and
- agree that all terms and conditions, agreements, notices, disclosures, and other communications that MARGSOFT provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire agreement between you and MARGSOFT regarding the use of WEBSITE. MARGSOFT's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Your relationship to MARGSOFT is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MARGSOFT 's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MARGSOFT may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on WEBSITE are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
17/1A, Madan Mohan
Malviya Marg, Lucknow - 226001 (UP), India