Terms of Use
1. SCOPE OF AGREEMENT
This Terms of Use Agreement ("Agreement") by and between the PMI North India Chapter
("we", "us", "our" or "PMINIC") and you ("you" , "your" or "User") governs your
use of the www.pminorthindia.org web
site ("Site") together with all information, content, products, materials and services
made available to you through the same by us and/or third parties (which together
with the Site shall be collectively referred to as the "Services"). By using or
otherwise accessing the Services, or any component thereof, in any manner whatsoever,
you agree to be bound by and comply with the terms and conditions of this Agreement.
If you do not agree to this Agreement, do not access or use the Services in any
manner.
When we refer to the "use" of the Services in this Agreement, we mean any actual
or attempted access or use of the Services, including, without limitation, any transmission,
exchange of information or communication associated with the Services. These terms
and conditions, together with the other terms of use applicable to other PMI North
India Chapter-owned or controlled web sites and any other policies, rules and provisions
which are described, linked or otherwise referred to and form a part of this Agreement,
including, without limitation our Privacy Policy,
constitute the entire agreement between you and us, superseding any and all prior
or inconsistent understandings, representations or agreements regarding the Services.
PMI North India Chapter reserves the right to modify the terms of this Agreement
at any time, and will post a notice of such changes. The changes become effective
immediately upon posting (the "Effective Date"). If any change to the Agreement
is not acceptable to you, you must stop using the Services. Your use of the Services
after the Effective Date shall constitute your acceptance of such changes. If we
make any new products or services available, they will be considered a part of the
Services and your use of them will be governed by the terms and conditions of this
Agreement unless we notify you that different terms and conditions apply. You must
also comply with any additional terms which apply to third-party content, material,
information, software or other services.
2. DEFINITIONS
2.1 The term "Collaborative Content" refers to User Content posted on or to the
Interactive Services sections of the Site for the purposes of collaboration with
other Users.
2.2 The term "Interactive Services" refers to message boards, chat boards, blogs,
virtual communities, and other interactive media made available by PMI North India
Chapter via the Site.
2.3 The term "PMI North India Chapter Intellectual Property" refers to, all text,
graphics, images, trademarks, logos, button icons, programs, software and other
data, content, information and materials, tangible and intangible, and all intellectual
property rights in and to the same which are owned by PMI North India Chapter or
licensed to PMI North India Chapter by third parties. This includes but is not limited
to PMI North India Chapter Content, PMI North India Trademarks and PMI Trademarks.
2.4 The term "PMI Trademark(s)" refers to all trademarks and service marks owned
by PMI, as defined by 15 U.S.C. § 1127.
2.5 The term "PMI" refers to PROJECT MANAGEMENT INSTITUTE, INC.
2.6 The term "PMINIC" or "PMI North India Chapter" refers to PROJECT MANAGEMENT
INSTITUTE North India Chapter
2.7 The term "PMINIC Content" or "PMI North India Chapter Content" refers to copyrighted
content owned by PMI North India Chapter or other copyrighted content owned by third-party
partners of PMI North India Chapter.
2.8 The term "Services" refers to all information, content, products, materials
and services made Available to you by PMI North India Chapter and/or affiliated
third parties via the Site
2.9 The term "Site" refers to the website www.pminorthindia.org,
which is owned and operated by PMI North India Chapter
2.10 The term "User Content" refers to all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials posted on
or to the Interactive Services sections of the Site by Users.
2.11 The terms ''you'', "your" and/or ''user'' refer to any individuals and/or entities
accessing the Site for any reason.
3. OWNERSHIP AND USE OF PMI NORTH INDIA CHAPTER INTELLECTUAL PROPERTY
3.1 Ownership and Use. PMI North India Chapter Intellectual Property, which
excludes the User Content you upload, post or otherwise transmit via Interactive
Services (the "PMI North India Chapter Intellectual Property"), is owned by PMI
North India Chapter or licensed to us by our third party partners. PMI North India
Chapter Intellectual Property does include, however, any content developed and/or
posted via the Interactive Services that has been created in whole or in part by
PMI North India Chapter. You have no rights in or to such PMI North India Chapter
Intellectual Property and you agree you will not copy, retransmit, reproduce, publish,
create derivative works based upon or otherwise transmit any PMI North India Chapter
Intellectual Property, except as specifically permitted under this Agreement.
3.2 PMI North India Chapter Content. As a courtesy to our customers and members,
we have posted to the Site certain PMI North India Chapter Content. Unless otherwise
specifically set forth on the Site or we give you written permission, you may only
use and access, download and copy the PMI North India Chapter Content (and print
a single copy) for your personal use, and you agree you will not alter, erase or
otherwise obscure our copyright, proprietary or other notices on the PMI North India
Chapter Content. You may not do or allow anyone else to do anything with the PMI
North India Chapter Content which is not specifically permitted under this Agreement.
You acknowledge and agree that the PMI North India Chapter Content is made available
for informational and educational purposes only without representation or warranty
of any kind and is not a substitute for legal advice or your professional judgment.
Your reliance upon PMI North India Chapter Content obtained by you on or through
the Services is solely at your own risk. All rights not expressly granted in this
Agreement are reserved to PMI North India Chapter .
3.3 Permission to Use PMI North India Chapter Content. You may request permission
to reproduce all or a portion of PMI North India Chapter Content owned by PMI North
India Chapter via the Permissions section of
the Site. We reserve the sole discretion to determine whether, and upon what terms,
PMI North India Chapter Content will be licensed. Depending on the nature and scope
of intended use licensing fees may apply.
3.4 Trademarks: The PMI North India Chapter Trademarks ("Marks") appearing on this
site may not be used in any advertising or publicity, or otherwise to indicate PMI
North India Chapter's sponsorship of or affiliation with any product or service,
without PMI North India Chapter's prior express written permission. You are prohibited
from using PMI North India Chapter Marks or any names, marks, or other materials
in a manner that is likely to cause confusion or dilute or damage the reputation
or image of PMI North India Chapter. You agree you will not alter any PMI North
India Chapter Mark in any manner to make it appear that PMI North India Chapter
is endorsing, sponsoring, authorizing or affiliated with you, your company, or any
third party, except as expressly permitted in writing by PMI North India Chapter.
Additionally, you agree to be bound by and to follow the terms of
PMI North India Chapter's Trademark Usage Guidelines, the
entire contents of which are incorporated herein by reference and made a part of
this Agreement.
4. LINKS
4.1 Links to Third Party Sites. As a courtesy to Users, we may provide links to
other websites or resources owned and operated by third parties.Because we have
no control over such sites and resources, you acknowledge and agree that we are
not responsible for the availability of such external sites or resources, and do
not endorse and are not responsible or liable for any content, advertising, products,
services or other materials on or otherwise made available via such sites or resources.
You further acknowledge and agree that we 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 made available on
or through any such site or resource.
4.2 Linking to PMI North India Chapter.You may obtain permission to link to the
Site by agreeing to adhere to the terms of the
Linking Agreement.
5. MESSAGE BOARDS, CHAT BOARDS, BLOGS, VIRTUAL COMMUNITIES and OTHER INTERACTERIVE
MEDIA ("INTERACTIVE SERVICES")
5.1 In connection with your use of the Services, you may have access to and use
of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis
and other collaborative websites, and other interactive functionality ("Interactive
Services"). If you participate in or use any Interactive Services, you are responsible
for User Content you upload, post, link to or otherwise transmit (collectively "transmit")
and the consequences thereof. If you choose to transmit any User Content using such
Interactive Services, you agree that you own or have a license to post the User
Content to the Site and do so solely for lawful purposes and in compliance with
all applicable laws. You expressly agree that we have no responsibility for or control
over the User Content you may transmit using these Interactive Services. Additionally,
we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or
reliability of any of the User Content posted, displayed, linked to or otherwise
transmitted via any Interactive Services. We also do not endorse any opinions expressed
in or through any Interactive Services. You agree that you must evaluate, and bear
all risks associated with, the use of any User Content, including any reliance on
the accuracy, completeness, or usefulness of such User Content.
Although we do not actively monitor, regulate or pre-screen your use of the Services,
we reserve the unconditional right (but not the obligation) to remove, move or edit
any User Content we consider in our sole discretion to be harmful, offensive, disruptive,
in violation of law, regulation or any agreement, including, without limitation,
which is or may be in violation of this Agreement. We have no liability or responsibility
to you or any other person or entity for performance or nonperformance of such monitoring
activities.
Additionally, you agree to:
- not post, email, upload, transmit or otherwise make available any content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
- not impersonate any person or entity;
- not post, email, upload, transmit or otherwise make available any content that harms
minors in any way;
- not forge headers or otherwise manipulate identifiers in order to disguise the origin
of any User Content transmitted through the Site;
- not post, email, upload, 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);
- not post, email, upload, transmit or otherwise make available any content that infringes
the intellectual property rights of any party;
- not post, email, upload, transmit or otherwise make available any content comprising
any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
- not post, email, upload, transmit or otherwise make available any content comprising
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;
- not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Site are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real-time exchanges;
- not interfere with or disrupt the Site or servers or networks connected to the Site,
or disobey any requirements, procedures, policies or regulations of networks connected
to the Site;
- not intentionally or unintentionally violate any applicable local, state, national
or international law;
- not "stalk" or otherwise harass any person;
- not collect or store personal data about other users; or,
- not advertise or solicit anyone to buy or sell products or to make donations of
any kind absent prior written approval from PMI North India Chapter, as set forth
in more detail in Section 6 below.
- not to make negative or disparaging references to PMI North India Chapter, its services
or its members or otherwise compare PMI North India Chapter, its services or its
members unfavorably to others
5.2 License to PMI North India Chapter. You hereby grant to PMI North India
Chapter a non-exclusive, worldwide, royalty-free, irrevocable perpetual license
(with right to sublicense) to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any User Content you submit via
the Interactive Services by all means and in any media now known or hereafter developed,
solely for the purposes for which such User Content was submitted. PMI North India
Chapter will not use this User Content for any purpose other than the purpose(s)
for which it was submitted unless you agree to such use. You retain ownership of
User Content you submit and PMI North India Chapter does not obtain ownership in
or to such User Content (or in the case of third-party owned User Content submitted
by you with the owner's permission, the third party retains ownership).
5.3 Use of Content Posted by Other Users. Copyright in the User Content posted,
with the exception of Collaborative Content, shall remain with the User or third
party who has posted or consented to posting the User Content on the Site. You have
no rights in or to such User Content posted by other Users and you agree you will
not copy, reproduce, publish, create derivative works based upon or otherwise retransmit
any User Content without the express written permission of the owner of such User
Content.
Collaborative Content posted by Users for the purposes of collaboration may be modified,
reproduced, distributed, transmitted or otherwise used by other Users and is not
subject to the limitations on User Content listed in the paragraph above. Such Collaborative
Content shall be considered in the public domain and freely available to be used,
distributed or modified by the other Users of the Site. For the purposes of distinguishing
User Content from Collaborative Content, any Collaborative Content shall be clearly
marked as such and/or shall be submitted via areas of the Site facilitating User
collaboration.
6. COPYRIGHT COMPLIANCE AND COMPLAINTS
6.1 PMI North India Chapter respects the intellectual property rights of others.
PMI North India Chapter may, under appropriate circumstances and at its discretion,
disable and/or terminate access to or use of the Service for those users who may
be infringing the intellectual property rights of others.
6.2 PMI North India Chapter's policy for removing infringing content and terminating
subscribers who are repeat offenders is as follows:
A copyright owner who believes his/her work has been used on the Site in any manner
that constitutes copyright infringement must notify PMI North India Chapter's designated
agent by written notice. The notice must include the following information: (a)
the owner's name, address, telephone number, email address, and an electronic or
physical signature; (b) a description and a copy of the work that is allegedly being
infringed, or a website where the work may be found; (c) identification of the location
of the infringing material on the Site; (d) a statement that the owner has a good
faith belief that the use of the copyrighted material was not authorized by the
owner or his/her authorized agent; and (e) a statement, under penalty of perjury,
that the information in the notification is accurate and made by the copyright owner
of the material allegedly infringed or authorized to act on the copyright owner's
behalf. Upon receiving the proper notification, PMI North India Chapter will remove,
or disable access to, the allegedly infringed material from the Site.
7. REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
7.1 In consideration of your use of the Site, you represent and warrant that you
are of legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction. You
also agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the relevant portions of the Site (the "Registration Data")
and (b) maintain and promptly update your Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or PMI North India Chapter has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
PMI North India Chapter has the right to suspend or terminate your access to the
Site and refuse any and all current or future use of the Site, or any portion thereof.
7.2 You are solely responsible for maintaining the strict confidentiality of your
User IDs and passwords and for any charges, damages, liabilities or losses incurred
or suffered as a result of your failure to do so. We are not liable for any harm
caused by or related to the theft of your User IDs/passwords, your disclosure of
your User IDs/passwords, or your authorization to allow another person to access
and use the Services using your User IDs/passwords. You agree to immediately notify
us if you become aware of any unauthorized use of your User IDs/passwords or other
need to deactivate a User ID/password due to security concerns.
8. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE SITE (INCLUDING BUT NOT
LIMITED TO ALL PMI NORTH INDIA CHAPTER INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE,
FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS
HEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL PMI NORTH INDIA
CHAPTER 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, E-MAILED, TRANSMITTED OR OTHERWISE MADE
AVAILABLE VIA THE INTERACTIVE SERVICES. PMI NORTH INDIA CHAPTER DOES NOT WARRANT
OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE
AND ANY INFORMATION ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
9. LIMITATION OF LIABILITY AND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PMI NORTH INDIA CHAPTER,
ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS
SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES
IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF
THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM
OR WHETHER OR NOT PMI NORTH INDIA CHAPTER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF
YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY
THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE
OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL
OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR
DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER
KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE
OR NOT, DISCLOSED OR UNDISCLOSED.
10. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses,
costs or damages (including our reasonable attorneys' fees, expert fees' and other
reasonable costs of litigation) arising from, incurred as a result of, or in any
manner related to any claim or action based upon (a) your breach of the terms and
conditions of this Agreement, (b) your use of the Services, and/or (c) the use of
the Services by any other person using your IDs. We may, if necessary, participate
in the defense of any such claim or action and any negotiations for its settlement
or compromise. No settlement which may adversely affect our rights or obligations
shall be made without our prior written approval. We reserve the right, at our own
expense and upon notice to you, to assume exclusive defense and control of any such
claim or action and then your corresponding indemnification obligation will end.
11. RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS
PMI North India Chapter reserves the right to terminate, block or restrict your
access to or use of the Site for any breach or violation of any term(s) of this
Agreement. In such event, we may terminate this Agreement, restrict, suspend or
terminate your access to and use of the Services immediately and without notice
or liability, with or without cause, and it will not limit any other rights or remedies
which are available to us. You may terminate this Agreement by providing us with
written notice of your termination and ceasing to use or access the Services. Termination
is your sole right and exclusive remedy if you are not satisfied with the Services.
Upon the effective date of any such termination, your right to access and use the
Services shall immediately cease.
12. GOVERNING LAW/JURISDICTION/DISPUTES
12.1 This Agreement shall be governed in accordance with the laws of the India.
Additionally, you also agree that the UN Convention on Contracts for the International
Sales of Goods and the Uniform Computer Information Transactions Act (UCITA)will
not apply to this Agreement or any interpretation or disputes relating thereto.
12.2 All disputes under this Agreement shall be resolved by litigation in the State
courts of the New Delhi, India and all parties consent to the jurisdiction of such
courts, agree to accept service of process by mail, and hereby waive any jurisdictional
or venue defenses otherwise available to it.
13. ASSIGNABILITY
This Agreement is personal to you, and you may not assign this Agreement or the
rights and obligations hereunder to any third party without the prior express written
approval of PMI North India Chapter.
14. WAIVER
No waiver by either party of any default shall be deemed as a waiver of prior or
subsequent default of the same of other provisions of this Agreement.
15. SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court
of competent jurisdiction, such invalidity shall not affect the validity or operation
of any other term, clause or provision and such invalid term, clause or provision
shall be deemed to be severed from the Agreement.
16. SURVIVAL OF TERMS
Any provision of this Agreement which by its nature must survive the termination
of this Agreement in order to give effect to its meaning shall survive such termination,
including but not limited to the ownership, intellectual property rights and licensing
provisions set forth in this Agreement.
17. LIMITATION ON ACTIONS
You agree that regardless of any applicable law providing for a statute of limitations
to the contrary, any claim or cause of action arising out of or related to the use
of the Site or Services, or otherwise relating to this Agreement, must be filed
within one (1) year after the claim or cause of action arose, or will be forever
barred.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the Parties, and revokes
and supersedes all prior agreements between the Parties and is intended as a final
expression of their agreement. It shall not be modified or amended except in writing
signed by the Parties hereto and specifically referring to this Agreement. This
Agreement shall take precedence over any other documents which may conflict with
this Agreement, including any terms/conditions posted by Users via the Interactive
Services.