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BITSAA, BITS Pilani ,Terms of Service

1. ACCEPTANCE OF TERMS

BITSAA welcomes you. BITSAA provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by clicking bitsaa.bits?l=info/termsofservice.htm.

 

2. DESCRIPTION OF SERVICE
 

BITSAA provides users with access to a rich collection of resources, including various BITSAA galleries, search services, personalized content called "Service".  You also understand and agree that the Service may include certain communications from BITSAA, such as service announcements, administrative messages and the BITSAA Newsletter, and that these communications are considered part of BITSAA membership and you will not be able to opt out of receiving them.

3. YOUR REGISTRATION OBLIGATIONS
 

In consideration of your use of the Service, you represent that you are of legal age. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Profile Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BITSAA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BITSAA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

4. BITSAA PRIVACY POLICY
 

Registration, Profile Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at bitsaa.bits?l=info/privacy.htm.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
 

You will receive a password and account designation upon completing the BITSAA registration process subjecting to the validity of the data supplied. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify BITSAA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BITSAA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
 

6. MEMBER CONDUCT
 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BITSAA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. BITSAA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BITSAA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
 

You agree to not use the Service to:
 

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
     
  2. harm minors in any way;
     
  3. impersonate any person or entity, including, but not limited to, a BITSAA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
     
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
     
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
     
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
     
  7.  upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
     
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
     
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
     
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by Indian Government
  12. "stalk" or otherwise harass another; and/or
     
  13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
     

You acknowledge that BITSAA may or may not pre-screen Content, but that BITSAA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, BITSAA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BITSAA or submitted to BITSAA in all parts of the Service.
 

You acknowledge, consent and agree that BITSAA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) enforce the TOS; (b) respond to claims that any Content violates the rights of third parties; or (c) protect the rights, property or personal safety of BITSAA, its users and the public.
 

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.
 

8. NO RESALE OF SERVICE
 

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your BITSAA LOGIN ID), use of the Service, or access to the Service.
 

9. MODIFICATIONS TO SERVICE
 

BITSAA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BITSAA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
 

10. TERMINATION
 

You agree that BITSAA may, under certain circumstances and without prior notice, immediately terminate or suspend your BITSAA account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your BITSAA account includes (a) removal of access to all Services  (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in BITSAA's sole discretion and that BITSAA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
 

11. LINKS
 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BITSAA has no control over such sites and resources, you acknowledge and agree that BITSAA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BITSAA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
 

12. BITSAA'S PROPRIETARY RIGHTS
 

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BITSAA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
 

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BITSAA AND ITS  AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS AND LICENSORS 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.
     
  2. BITSAA AND ITS  AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
     
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED 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.
     
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BITSAA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
     
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
     

13. LIMITATION OF LIABILITY
 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BITSAA AND ITS  AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS AND LICENSORS SHALL 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 BITSAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
 

14. EXCLUSIONS AND LIMITATIONS
 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
 

15. NO THIRD-PARTY BENEFICIARIES
 

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
 

16. NOTICE
 

BITSAA may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
 

17. TRADEMARK INFORMATION
 

The BITSAA, BITSAA logo are properties of BITSAA BITS Pilani. Without BITSAA's prior permission, you agree not to display or use in any manner the BITSAA Marks.
 

18. GENERAL INFORMATION
 

Entire Agreement. The TOS constitutes the entire agreement between you and BITSAA and governs your use of the Service, superseding any prior agreements between you and BITSAA with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BITSAA services, affiliate services, third-party content or third-party software.
 

Waiver and Severability of Terms. The failure of BITSAA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
 

No Right of Survivorship and Non-Transferability. You agree that your BITSAA account is non-transferable and any rights to your BITSAA ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 

The section titles in the TOS are for convenience only and have no legal or contractual effect.
 

19. VIOLATIONS
 

Please report any violations of the TOS to us. Please click here for contact details.
 

 
 

 

All rights reserved. All site content copyright 2005-2017 BITS Alumni Association BITS Pilani .  

For any query please contact: bitsaad@pilani.bits-pilani.ac.in  (or) rkm@bits-pilani.ac.in

Last updated on: Saturday, September 02, 2006

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