TERMS OF USE AND DISCLAIMERS  
Definitions
  1. "Terastone" means Terastone Inc, Terastone (UK) Ltd, Terastone Software India Private Limited.
  2. ‘The Site’ refers to Terastone's website, viz. http://www.Terastone.com
  3. "‘Content’" includes ‘Content’, information, files, data, text, software, music, sound, photographs, graphics, animation, video, messages, advertisements, promotions, or other materials contained or displayed on, or distributed through, or accessed from, the following:
    1. ‘The Site’
    2. Downloads from ‘The Site’
    3. Features, services and products of Terastone.
      and also includes content classified into various categories like but not limited to General Knowledge(GK), Quizzes, Questions and Answers, World News Quizzes, Trivia Online, Vocabulary, Other write-ups and other categories that Terastone may add from time to time.
  4. "YOU" means the person using (including but not limited to viewing/browsing) or visiting ‘The Site’ or using 'Content' and includes proprietorship firms, partnership firms, corporate entities, trusts, associations, groups and the like, if the person so using or visiting 'The Site' or using 'Content' is representing them. The term "YOUR" is to be construed accordingly."
  5. 'TERMS' refer to the terms and conditions mentioned in this document.
  6. "Privacy Policy" means the Privacy Policy of the site, which can be accessed from the homepage of the site.
PREAMBLE

Terastone develops and maintains ‘The Site’ on the Internet. The following TERMS apply to its use. These TERMS may be further revised without notice as per specific TERMS through changes made herein from time to time. The Privacy Policy, which is also displayed on ‘The Site’, should be read in conjunction with the TERMS listed herein and is deemed to form a part of these TERMS. In case of contradiction, the terms in the respective document would be deemed correct and applicable, and in all other situations, the TERMS mentioned here would be applicable.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING ‘The Site’.

1. GENERAL
  1. By using ‘The Site’, YOU signify YOUR agreement and unequivocal, unconditional consent to these TERMS, as well as agree to waive any and all claims against Terastone, its affiliates, contractors, agents, officers, directors, or employees arising out of YOUR use of ‘The Site’ or any ‘Content’.
  2. If YOU do not agree to these TERMS, do not use ‘The Site’. It is further understood that Terastone may modify these TERMS at any time and without notice. It would, therefore, be in YOUR interest to visit this page regularly to check for changes.
  3. In addition, whenever YOU use any, current or future features, services, ‘Content’s from ‘The Site’, whether on a 'free' / 'paid for' / 'to be paid for' basis, and / or any of Terastone product(s) YOU shall also be subject to the guidelines and conditions applicable to such current or future features, services, ‘Content’s from ‘The Site’, whether on a 'free' / 'paid for' / 'to be paid for' basis, and/or any of Terastone product(s) and agreements contained therein. In case of contradiction, the terms and conditions in the respective document would be deemed correct and applicable, and in all other situations, the TERMS mentioned here would be applicable.
  4. Terastone may monitor YOUR access to the Site from time to time.
  5. Terastone provides YOU with access to the features, services, ‘Content’ on ‘The Site’ on "as is where is" basis, whether on a 'free' / 'paid for' / 'to be paid for' basis. YOU understand and unequivocally and unconditionally agree that Terastone assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to offer any feature, service (s) or ‘Content’ on ‘The Site’.
2. PRIVACY

Please review our Privacy Policy on ‘The Site’. The Privacy Policy governs YOUR visit to and the use of ‘The Site’ and to understand our practices pertaining to YOUR personal data and related matters.

3. ELECTRONIC COMMUNICATIONS

When YOU visit ‘The Site’, or send e-mails to Terastone, YOU are communicating electronically. YOU unequivocally and unconditionally consent to receive communications from Terastone electronically. Terastone may communicate with YOU by electronic means or by posting notices on this site.

4. COPYRIGHT- RESTRICTIONS ON USE OF MATERIALS
  1. The ‘Content’ is the exclusive property of Terastone (or its suppliers, where applicable), and is protected by copyright laws. Terastone (or its suppliers, wherever applicable) retain full and complete rights, title and interest to the ‘Content’ as well as all intellectual property rights therein.
  2. If YOU copy, print or download any ‘Content’ from ‘The Site’, whether on a 'free' / 'paid for' / 'to be paid for' basis, such ‘Content’ is deemed to be licensed to YOU by Terastone for YOUR personal use only, YOU shall not change or delete any copyright, trademark or other proprietary notices.
  3. Terastone does not transfer either the title or the intellectual property rights of the ‘Content’. YOU may not sell, redistribute or reproduce the ‘Content’, nor may YOU decompile, reverse engineer, disassemble or otherwise convert the ‘Content’ to a humanly perceivable form. All trademarks, service marks and logos appearing in the ‘Content’ are owned by Terastone or its licensors and YOU may not copy or use them in any manner.
  4. ‘Content’ or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose, or for use of data mining, robots, or similar data gathering or extracting tools, save and except for the sole purpose of use in search engines. YOU may not frame or utilize framing techniques to enclose any trademark, service mark, logo, or other proprietary information (including images, text, page layout, or form) of Terastone without the express written consent of Terastone. YOU may not use any meta tags or any other "hidden text" utilizing Terastone's name or trademarks, service marks, logos, without the express written consent of Terastone. Any unauthorized use thereof terminates the permission or license granted by Terastone herein. YOU are granted a limited, revocable, and nonexclusive right to create a hyperlink on YOUR web site to the home page of ‘The Site’ so long as the link does not portray Terastone, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. YOU may not use the trademarks, service marks, logos or other proprietary graphics or trademarks of Terastone or any of its services, features, products, as part of the link without express written permission from Terastone.
  5. ‘The Site’ is controlled and operated by Terastone from its offices. Terastone makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations may do so on their own initiative, risk and responsibility and are responsible for compliance with local laws, if and to the extent they are applicable.
5. TRADEMARKS

All marks, graphics, logos, page headers, button icons, scripts, trade and service names appearing on ‘The Site’ are the property of Terastone or their respective owners. These may not be used in connection with any feature, product or service that is not Terastone's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Terastone or the respective owners. All other trademarks not owned by Terastone that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Terastone.

6. INFORMATION
  1. YOU hereby unequivocally and unconditionally acknowledge that the utilization of or reliance upon any ‘Content’ or part thereof by YOU is at YOUR sole and absolute risk, responsibility and costs. Regarding the presentation and updation of "‘Content’" on the site, Terastone and its suppliers attempt to be as accurate as possible. However, Terastone does not warrant that its product / service descriptions, ‘Content’, Features thereof, or other ‘Content’s of ‘The Site’ are accurate, complete, reliable, current, or free from technical / typographical / other errors. Terastone specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information provided in its '‘Content’, features, products or services.
  2. Changes may be made from time to time, without notice, to the ‘Content’, and to the products described on the site from time to time.
  3. Before using / buying a Terastone product, or using the features / services offered by Terastone, you are expected and assumed to have familiarized yourself with it by going through the demo facility provided on ‘The Site’ if applicable. Where such demo facilities are not available or possible, you are expected and assumed to have familiarized yourself with the same by going through the write-up / instructions on the product and / or features / services offered by Terastone.
  4. Information contained in the ‘Content’ or any part thereof is presented at the absolute discretion of Terastone. Even though it is Terastone's intention to avoid presenting the same information more than once in a different form / wording, there may be cases where such an event may take place. In such events, YOU shall have no objection to the same information being presented more than once in the same or in a different form / wording.
  5. Classifications(including but not limited to Subjects, Age Groups, Difficulty Levels and such other classifications that Terastone may add from time to time) contained in various forms in the ‘Content’ are decided at the sole discretion of Terastone. It may be noted that classification of data and information on the site has been done by Terastone on the basis of predefined parameters, standards and to the best of its capacity, capability and knowledge. YOU shall not dispute such classifications or any aspect relating thereto including, but not restricted to, classification of questions / answers / vocabulary/ jokes and humour / information / meanings / news / options, or any other part of the ‘Content’. YOU further unequivocally and unconditionally agree not to hold Terastone responsible or liable in any manner whatsoever for the classification and otherwise, of the ‘Content’ and information posted on the site.
  6. This website may contain articles contributed by several individuals. The views are exclusively their own and do not necessarily represent the views of Terastone or its management
7. DISCLAIMERS & LIABILITY
  1. Terastone MAY, WITHOUT NOTICE, CHANGE, MOVE OR DELETE PORTIONS OF, OR MAY ADD TO, THE ‘Content’.
  2. Terastone SHALL HAVE NO RESPONSIBILITY FOR
    1. ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY ‘Content’, MATERIALS, INFORMATION FROM ‘The Site’;
    2. THE AUTHENTICITY OF ANY INFORMATION THAT IS FOUND IN THE ‘Content’ OR ANY PORTION THEREOF.
    3. ANY DAMAGES TO ANYBODY CAUSED BY USE OF ANY ‘Content’ OR PORTION THEREOF.
    4. DAMAGE IN HEALTH IF ALLEGEDLY CAUSED BY SPENDING UNREASONABLY LONG HOURS ON ‘The Site’, WHETHER OR NOT MEDICALLY ADVISED NOT TO SPEND UNREASONABLY LONG HOURS BEFORE A COMPUTER MONITOR.
    5. ‘The Site’ NOT WORKING AT ALL OR NOT PERFORMING TO YOUR EXPECTATIONS.
  3. THE ‘Content’ CONTAINED OR DISPLAYED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM ‘The Site’, ARE PROVIDED ON "AS IS WHERE IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Terastone DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ‘Content’ IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
  4. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, TERASTONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Terastone DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ‘Content’ WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ‘Content’, ‘The Site’ OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT TERASTONE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
  5. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ERRORS OR OMISSIONS, SHALL TERASTONE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE OR PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ‘The Site’ OR ‘Content’ OR PORTION THEREOF, EVEN IF TERASTONE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TERASTONE's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID, IF ANY, FOR TERASTONE'S PRODUCT(S) OR SERVICE(S) OR FOR INFORMATION DOWNLOADED FROM ‘The Site’.
8. LINKS TO OTHER WEBSITES
  1. Terastone makes no representation whatsoever regarding the ‘Content’ of any other websites not belonging to Terastone, i.e. third party websites, that YOU may access from ‘The Site’. When YOU access a third party website, please understand that it is independent from Terastone and that Terastone has no control over the ‘Content’ on that website, and the feature(s), product(s) or service(s) offered thereon. YOU bear all the risks associated with these. A link to such a website does not mean that Terastone endorses or accepts any responsibility or liability for the ‘Content’ or use of such website, and the feature(s), product(s) or service(s) offered thereon.
  2. YOU should carefully review the privacy statements and other conditions of use of such third party websites, before YOU choose to use / purchase any feature(s), product(s) or service(s) offered by the third party.
  3. YOU unequivocally and unconditionally agree that Terastone is not responsible for the quality of third party features, products or services; and fulfilling any of the terms of YOUR agreement with the third party, including delivery of features, products or services and warranty obligations related to purchased features, products or services. YOU unequivocally and unconditionally agree that Terastone is not responsible for any loss or damage of any sort YOU may incur from dealing with any third party.
  4. Part of this website may contain advertising and other matter submitted to us by third parties. Kindly note that those advertisers are responsible for ensuring that material submitted for inclusion on the website complies with all the requirements. Although acceptance of advertisements on website is subject to our terms and conditions which are available on request, we do not accept liability in respect of any advertisements
9. SUBMISSIONS
  1. a. Should YOU respond to Terastone through e-mail or posting of message on ‘The Site’ or by any other means, with information, ideas, concepts, know-how, techniques, feedback, data, questions, responses, comments, suggestions, or the like (collectively referred to as 'Submission'), such 'Submission' shall be deemed to be non-confidential and Terastone shall have no obligation towards YOU of any kind with respect to such 'Submission'. No payments shall be made to YOU or any third party for such 'Submission'.
  2. YOU represent and warrant that YOU own or otherwise control all of the rights relating to YOUR 'Submission', that such 'Submission' is accurate; that use of such 'Submission' does not violate these TERMS and will not cause injury to any person or entity; and that YOU will indemnify Terastone or its affiliates for all claims resulting from YOUR 'Submission' or use thereof. Terastone has the right but not the obligation to monitor and edit or remove YOUR 'Submission' or any part thereof. Terastone takes no responsibility and assumes no liability for the 'Submission' posted by YOU or any third party.
  3. In consideration of Terastone's continuing efforts to enhance and improve ‘Content’, and to respond to feedback from YOU, YOU unequivocally and unconditionally agree to transfer all rights relating to YOUR 'Submission' to Terastone on a global non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable basis. In this and all situations, Terastone will have rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display without limitation, YOUR 'Submission' or part thereof throughout the world in any media, and to authorize others to do the same. YOU grant Terastone and its affiliates and sub-licensees, the right to use the name(s) that YOU submit in connection with YOUR 'Submission', if they choose. YOU agree without any pecuniary consideration, to execute any and all documents that Terastone may reasonably request in connection with confirming Terastone's ownership of and unlimited right to use YOUR 'Submission'. In case YOU refuse to execute such documents, it would not affect in any way whatsoever, Terastone's rights, title and interest over YOUR 'Submission'.
  4. YOU are solely responsible for YOUR 'Submission'. YOU agree that no part of YOUR 'Submission' will:
    1. violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights;
    2. be or contain libelous or otherwise unlawful, harmful, abusive, threatening, harassing, tortuous, defamatory, vulgar, obscene, or objectionable material or constitute the misappropriation of the trade secrets of any third party;
    3. contain computer virus
    4. amount to carrying on political campaigning, market solicitation, chain letters, mass mailing or any kind of 'spam'
    5. disparage the products or services of any third party.
    6. harm any person and/or entity in any way
    7. impersonate any person or entity, including, but not limited to, Terastone's officials, representatives, or employees, or falsely state or otherwise misrepresent YOUR affiliation with Terastone
    8. upload / transmit ‘Content’ that contains or contains links to nudity, pornography, adult ‘Content’, sex, or foul language
    9. constitute personal data about other users
    10. amount to lottery or gambling
  5. YOU agree to submit YOUR personal information including YOUR email address and User Name through YOUR 'Submission'.
  6. YOU acknowledge that the technical processing and transmission of ‘The Site’, including YOUR 'Submission', may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
  7. TERASTONE IS NOT LIABLE OR RESPONSIBLE FOR ANY 'SUBMISSION' OR PART THEREOF, OR FOR DAMAGES TO ANYONE RESULTING FROM USE OF ANY 'SUBMISSION' OR PART THEREOF.
10. APPLICABLE LAW

By visiting ‘The Site’, YOU unequivocally and unconditionally agree that the laws of India applicable to Mumbai in the state of Maharashtra in India, without regard to principles of conflict of laws, will govern these TERMS (including Privacy Policy) in any dispute of any sort that might arise between YOU and Terastone or its affiliates, and that, subject to the para on 'DISPUTES', YOU unequivocally and unconditionally agree to submit to the jurisdiction of the courts in Mumbai.
YOU unequivocally and unconditionally agree that any lawsuit that you may bring arising out of or related to ‘The Site’, ‘Content’ or any feature, service or product of Terastone, must commence within 1 (one) week after the cause of action arose; otherwise, such cause of action is permanently barred. Terastone, however may initiate appropriate legal action against YOU under these TERMS at any time, as it may deem fit and necessary.

11. DISPUTES LAW

Any dispute relating in any way to YOUR visit to ‘The Site’ or to Terastone's feature(s), product(s) or service(s) shall be submitted to arbitration at Mumbai, except that, to the extent YOU have in any manner violated or threatened to violate Terastone's intellectual property rights, Terastone may seek injunctive or other appropriate relief in any state or federal court anywhere, and YOU unequivocally and unconditionally consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the (Indian) Arbitration and Conciliation Act, 1996, and the rules made thereunder and any statutory modification and reenactment thereof. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TERMS shall be joined to an arbitration involving any other party subject to these TERMS, whether through class arbitration proceedings or otherwise.

12. NOTICE

Notices to YOU may be made via either email or regular mail. YOU are advised to go through these TERMS regularly to check for changes made from time to time.

13. MISCELLANEOUS
  1. Please review Terastone's other policies, such as Privacy Policy, which are posted on ‘The Site’. These policies also govern YOUR visit to ‘The Site’ and are deemed to be part of these TERMS.
  2. If any of these TERMS shall be deemed invalid, void, or for any reason unenforceable, those TERMS alone shall be deemed to be severable and shall not affect the validity and enforceability of the remaining TERMS.
  3. Terastone's failure to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Terastone in writing.
  4. The section titles in the TERMS are solely used for the convenience of the parties and have no legal or contractual significance.
14. INDEMNITY

YOU agree to defend, indemnify and hold Terastone and its subsidiaries, affiliates, officers, agents, employees, co-brands and other partners, harmless from any action, claims, proceeding or demand, cost or expense including reasonable attorneys' fees, made by any third party due to or arising out of YOUR use of ‘The Site’ or ‘Content’, connection to ‘The Site’, violation of the TERMS, or YOUR violation of any rights of another.

15. TERMINATION
  1. Terastone may terminate this Agreement at any time and without notice, and accordingly deny YOU access to ‘The Site’,in Terastone's sole discretion for any reason, including YOUR failure to comply with any of these TERMS.
  2. The provisions regarding to disclaimer, accuracy of information, and indemnification shall survive such termination.
  3. YOU agree that Terastone shall not be liable to YOU or any third party for any termination of YOUR access to Terastone's features, services, products or ‘The Site’. Upon termination, YOUR right to use ‘The Site’ shall cease immediately.
  4. Terastone shall not grant any refund to YOU of any amount paid by YOU to Terastone on termination of this Agreement. Terastone, however, reserves the right to recover any amounts that may be due from YOU.
16. MODIFICATIONS
  1. Terastone reserves the right at any time and from time to time to modify ‘Content’ or discontinue, temporarily or permanently, with or without notice, of its features, services, products, ‘The Site’ or any part thereof. YOU are deemed to be aware of modifications made to these TERMS and the Privacy Policy from time to time. It would, therefore, be in YOUR interest to visit these pages regularly, to check for changes.
  2. YOU agree that Terastone shall not be liable to YOU or to any third party for any modification, suspension, or discontinuance of its features, Services, products or ‘The Site’.
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