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| TERMS OF USE |
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TERMS OF USE |
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This
Web- Site is offered to the user
of the Service (User) on the condition
that the User accepts the terms
contained herein, without any modification
whatsoever. We may change these
terms and conditions at any time.
Your continued use of thestockworld.com
means that you accept any new or
modified terms and conditions that
we come up with. Please re-visit
the 'Terms of Use' link at our site
from time to time to stay abreast
of any changes that we may introduce.
The term
'thestockworld.com' is used through
this entire Terms of Use document
to refer to the website, its owners
and the employees and associates
of the owner. For
the purposes of this Terms of Use,
'Service' shall mean and include,
without limitation, access to all,
one or some of the following: -
HTML Code, literature, information,
software, products, tools and Services
including the Technical Calls, My
StockWorld provided or made available
on www.thestockworld.com whether
pursuant to subscription or otherwise.
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By registering, you certify that all
information you provide, now or in
the future, is accurate.
Your registration at thestockworld.com
is valid for 60 days from the date
you first login and is automatically
renewed for a period of 30 days every
time you login thereafter. If you
do not login at thestockworld.com
for a continuous period of 60 days
your registration could be automatically
cancelled.
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thestockworld.com, hereby grants you
a limited, non-exclusive, non-assignable
and non-transferable license to access
thestockworld.com provided and expressly
conditioned upon your agreement that
all such access and use shall be governed
by all of the terms and conditions
set forth in this USER AGREEMENT.
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| INTELLECTUAL PROPERTY RIGHTS, COPYRIGHTS
& NO RETRANSMISSION OF INFORMATION |
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thestockworld.com as well as the
design and information & all elements
contained on this Web-Site including
all individual articles, columns
and other elements making up the
Service are the valuable, exclusive
property of thestockworld.com and
nothing in this Agreement shall
be construed as transferring or
assigning any such ownership rights
to you or any other person or entity.
thestockworld.com hereby grants
to the User, the right to use the
Service in accordance with these
terms, and for no other purpose.
All stock call information on thestockworld.com
is the proprietary, confidential
property of thestockworld.com and
cannot be repeated for any reason
outside the thestockworld.com. You
agree not to repeat or rebroadcast
in any way any of the stock call
information made on thestockworld.com
for any reason whatsoever. You agree
that if you do repeat or re-post
any of thestockworld.com calls by
any mean, you will be liable for
actual and punitive damages as determined
by thestockworld.com and additional
damages to be determined by the
Indian court of Law. You may not resell, redistribute,
broadcast or transfer the information
or use the information in a searchable,
machine-readable database unless
separately and specifically authorized
in writing by thestockworld.com
prior to such use. You may not rent,
lease, sublicense, distribute, transfer,
copy, reproduce, publicly display,
publish, adapt, store or time-share
thestockworld.com, any part thereof,
or any of the information received
or accessed therefrom to or through
any other person or entity unless
separately and specifically authorized
in writing by thestockworld.com
prior to such use. In addition,
you may not remove, alter or obscure
any copyright, legal or proprietary
notices in or on any portions of
thestockworld.com without prior
written authorization except as
set forth herein, any other use
of the information contained in
this site requires the prior written
consent of thestockworld.com and
may require a separate fee. By using the service you agree
to abide by all applicable Copyright
and other laws as well as any additional
Copyright notices or restrictions
contained in the Service. thestockworld.
com or other third parties shall
be entitled to obtain equitable
relief for any violation of their
IP, over and above all other remedies
available to it to protect its interests
therein. Violators will be liable
to be prosecuted to the maximum
extent possible. Copying for reproduction,
for redistribution or other purpose
of the web site or any part thereof
including but not limited to text
content and graphics to any other
server or location including caching
of any kind is expressly prohibited.
The Service is licensed to the User
not sold to him. thestockworld.com
owns the Service, its applications
and Trademarks.
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| LINKS TO THIRD PARTY SITES |
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This Web- Site may contain links
to Web Sites operated by parties
other than thestockworld.com. The
links in this Site will let the
User leave www.thestockworld.com
and proceed to the linked site.
The User's use of each such site
is also subject to this terms of
use and other Terms of Use, if any,
contained within each such site.
In the event that any of the Terms
contained herein conflict with the
Terms of Use contained within any
such site, then the Terms of use
for such site shall prevail. The
linked Sites are not under the control
of thestockworld.com and thestockworld.com
is not responsible for the contents
of any linked Site or any link contained
in a linked Site, or any changes
or updates to such sites. "thestockworld.com"
will not directly or indirectly
be liable for any loss that may
arise to the User as a result of
his accessing the linked Sites.
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| ACCESS RESTRICTION/ FEES |
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thestockworld.com reserves the
right, in its sole discretion, to
deny you access to this website
or any portion thereof without notice
for the following reasons (a) immediately
by thestockworld.com for any unauthorized
access or use by you (b) immediately
by thestockworld.com if you assign
or transfer (or attempt the same)
any rights granted to you under
this Agreement; (c) immediately,
if you violate any of the other
terms and conditions of this User
Agreement. Further thestockworld.com reserves
the right at any time to charge
fees for access to any service provided
by it. It shall put up a notice
to this effect with necessary details
at the relevant point of time. |
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DELAYS IN SERVICES |
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Neither thestockworld.com (including
its and their directors, employees,
affiliates, agents, representatives
or subcontractors) shall be liable
for any loss or liability resulting,
directly or indirectly, from delays
or interruptions due to electronic
or mechanical equipment failures,
telephone interconnect problems,
defects, weather, strikes, walkouts,
fire, acts of God, riots, armed
conflicts, acts of war, or other
like causes. thestockworld.com shall
have no responsibility to provide
you access to thestockworld.com
while interruption of thestockworld.com
is due to any such cause shall continue.
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The User represents that he is
aware that in the process of subscribing
to the Service or parts of it, thestockworld.com
may obtain information relating
to the User, including that of a
confidential nature. This information
will be used by thestockworld.com
for its internal purposes and will
be kept confidential. Notwithstanding
anything contained above, thestockworld.com
reserves the right to disclose personal
information where it believes in
good faith that such disclosure
is required by law, to perform necessary
credit checks or collect or report
debts owed to thestockworld.com,
to protect thestockworld.com's rights
or property or for other bonafide
uses. The User agrees and warrants
that all information that thestockworld.com
may possess or may obtain pursuant
to the use of Service has been possessed
or obtained with the permission
of the User. |
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You expressly
agree that use of the website is
at your sole risk.
The contents,
information, software, products,
features and services published
on this web site may include inaccuracies
or typographical errors. Changes
are periodically added to the contents
herein. Thestockworld.com and/or
its respective suppliers may make
improvements and/or changes in this
web site at any time. This web site
may be temporarily unavailable from
time to time due to required maintenance,
telecommunications interruptions,
or other disruptions. Thestockworld.com
(and its owners, suppliers, consultants,
advertisers, affiliates, partners,
employees or any other associated
entities, all collectively referred
to as associated entities hereafter)
shall not be liable to user or member
or any third party should exercise
its right to modify or discontinue
any or all of the contents, information,
software, products, features and
services published on this website.
thestockworld.com
and/or its respective associated
entities make no representations
about the suitability of the contents,
information, software, products,
features and services contained
on this web site for any purpose.
All such contents, information,
software, products, features and
services are provided "as is" without
warranty of any kind. thestockworld.com
and/or its associated entities hereby
disclaim all warranties and conditions
with regard to these contents, information,
software, products, features and
services, including all implied
warranties and conditions of merchantability,
fitness for a particular purpose,
title, non-infringement, and availability.
In no
event shall thestockworld.com and/or
its associated entities be liable
for any direct, indirect, punitive,
incidental, special or consequential
damages arising out of or in any
way connected with the use of this
web site or with the delay or inability
to use this website, or for any
contents, information, software,
products, features and services
obtained through this web site,
or otherwise arising out of the
use of this web site, whether based
on contract, tort, strict liability
or otherwise, even if thestockworld.com
or any of its associated entities
has been advised of the possibility
of damages. |
| USE OF MESSAGE BOARDS, CHAT ROOMS
AND OTHER COMMUNICATION FORUMS |
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If this Web site contains message/bulletin
boards, chat rooms, or other message
or communication facilities (collectively,
"Forums"), you agree to use the
Forums only to send and receive
messages and material that are proper
and related to the particular Forum.
By way of example, and not as a
limitation, you agree that when
using a Forum, you shall not do
any of the following: - Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, distribute or
disseminate any defamatory, infringing,
obscene, indecent or unlawful material
or information.
- Upload files that contain software
or other material protected by intellectual
property laws (or by rights of privacy
of publicity) unless you own or
control the rights thereto or have
received all necessary consents. - Upload files that contain viruses,
corrupted files, or any other similar
software or programs that may damage
the operation of another's computer.
- Conduct or forward surveys, contests,
or chain letters.
- Download any file posted by another
user of a Forum that you know, or
reasonably should know, cannot be
legally distributed in such manner. All Forums are public and not
private communications. Chats, postings,
conferences, and other communications
by other users are not endorsed
by thestockworld.com, and such communications
shall not be considered reviewed,
screened, or approved by thestockworld.com.
thestockworld.com reserves the right
for any reason to remove without
notice any contents of the Forums
received from users, including without
limitation message board postings.
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EQUIPMENT AND OPERATION |
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You shall
provide and maintain all telephone/internet
and other equipment necessary to
access thestockworld.com, and the
costs of any such equipment and/or
telephone/internet connections or
use, including any applicable taxes,
shall be borne solely by you. You
are responsible for operating your
own equipment used to access thestockworld.com.
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INFORMATION DISCLAIMER
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acknowledge that the information
provided through thestockworld.com
is compiled from sources, which
are beyond the control of thestockworld.com
though such information is recognized
by the parties to be generally reliable,
the parties acknowledge that inaccuracies
may occur and thestockworld.com
does not warrant the accuracy or
suitability of the information.
You acknowledge
that thestockworld.com is provided
to you on an "as is, with all faults"
basis. Thestockworld.com expressly
disclaims any and all warranties,
whether express, oral, implied,
statutory or otherwise, of any kind
to the users and/or any third party,
including any implied warranties
of accuracy, timeliness, completeness,
merchantability and fitness for
a particular purpose, as well as
any warranties arising by virtue
of custom of trade or course of
dealing and any implied warranties
of title or non-infringement. In
addition, thestockworld.com, in
providing the information makes
no endorsement of any particular
security, market participant, or
brokerage. Further, thestockworld.com
does not represent or warrant that
it will meet your requirements or
is suitable for your needs. Under this
User Agreement, you assume all risk
of errors and/or omissions in thestockworld.com,
including the transmission or translation
of information. You assume full
responsibility for implementing
sufficient procedures and checks
to satisfy your requirements for
the accuracy and suitability of
thestockworld.com, including the
information, and for maintaining
any means, which you may require
for the reconstruction of lost data
or subsequent manipulations or analyses
of the information under the User
Agreement. You agree
that thestockworld.com (including
its and their officers, directors,
employees, affiliates, group companies
agents, representatives or subcontractors)
shall not in any event be liable
for any special, incidental or consequential
damages arising out of the use or
inability to use thestockworld.com
for any purpose whatsoever. thestockworld.com
and it's affiliates, officers, directors,
employees and agents shall have
no liability in tort, contract,
or otherwise to user and/or any
third party. |
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You shall indemnify, defend and
hold harmless thestockworld.com
(including its and their officers,
directors, employees, affiliates,
group companies, agents, representatives
or subcontractors) from any and
all claims and losses imposed on,
incurred by or asserted as a result
of or related to: (a) your access
and use of thestockworld.com (b)
any non-compliance by user with
the terms and conditions hereof;
or (c) any third party actions related
to users receipt and use of the
information, whether authorized
or unauthorized. Any clause declared
invalid shall be deemed severable
and not affect the validity or enforceability
of the remainder. These terms may
only be amended in a writing signed
by thestockworld.com |
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CONFLICTING TERMS |
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If there is any conflict between
this User Agreement and other documents,
this User Agreement shall govern,
whether such order or other documents
is prior to or subsequent to this
User Agreement, or is signed or
acknowledged by any director, officer,
employee, representative or agent
of thestockworld.com |
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ATTORNEY'S FEES |
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If thestockworld.com takes action
(by itself or through its associate
companies) to enforce any of the
provisions of this User Agreement,
including collection of any amounts
due hereunder, thestockworld.com
shall be entitled to recover from
you (and you agree to pay), in addition
to all sums to which it is entitled
or any other relief, at law or in
equity, reasonable and necessary
attorney's fees and any costs of
any litigation |
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This User
Agreement constitutes the entire
agreement between the parties, and
no other agreement, written or oral,
exists between you and thestockworld.com.
By using the Information on thestockworld.com,
you assume full responsibility for
any and all gains and losses, financial,
emotional or otherwise, experienced,
suffered or incurred by you. thestockworld.com
does not guarantee the accuracy,
completeness or timeliness of, or
otherwise endorse in any way, the
views, opinions or recommendations
expressed in the Information, does
not give investment advice, and
does not advocate the purchase or
sale of any security or investment
by you or any other individual.
The Information is not intended
to provide tax, legal or investment
advice, which you should obtain
from your professional advisor prior
to making any investment of the
type discussed in the Information.
The Information does not constitute
a solicitation by the information
providers, thestockworld.com or
other of the purchase or sale of
securities. The service
is provided "as is," without warranty
of any kind, either express or implied,
including without limitation, any
warranty for information, data,
services, uninterrupted access,
or products provided through or
in connection with the service.
Specifically, thestockworld.com
disclaims any and all warranties,
including, but not limited to: (i)
any warranties concerning the availability,
accuracy, usefulness, or content
of information, products or services;
and (ii) any warranties of title,
warranty of non-infringement, warranties
of merchantability or fitness for
a particular purpose. This disclaimer
of liability applies to any damages
or injury caused by any failure
of performance, error, omission,
interruption, deletion, defect,
delay in operation or transmission,
computer virus, communication line
failure, theft or destruction or
unauthorized access to, alteration
of, or use of record, whether for
breach of contract, tort, negligence,
or under any other cause of action.
Neither thestockworld.com nor any
of its employees, agents, successors,
assigns, affiliates, group companies
or content or service providers
shall be liable to you or other
third party for any direct, indirect,
incidental, special or consequential
damages arising out of use of service
or inability to gain access to or
use the service or out of any breach
of any warranty. Because some countries
do not allow the exclusion or limitation
of liability for consequential or
incidental damages, the above limitation
may not apply to you. In such countries,
the respective liability of thestockworld.com,
its employees, agents, successors,
assigns, affiliates, group companies
and content or service providers
respective liability is limited
to the amount provided under said
law. Further, you agree and understand
that all services provided are non-refundable
and that you should carefully consider
whether our services are able to
meet your needs. |
| CONFIDENTIALITY/NON-COMPETITION CLAUSE |
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You agree to keep the information
received from the thestockworld.com
and services CONFIDENTIAL and will
NOT Disclose the knowledge gained
to other any person or firm for
any reason. You hereby consent to
the Jurisdiction of the Courts of
Kolkata, India with respect to violation
of any part of this Agreement. You
expressly agree that you will be
financially liable for actual and
punitive copyright infringement
and loss-of-business damages awardable
to thestockworld.com and/or its
associate companies if you derive
any or all of your income from a
stock or financial-services related
web site and/or we find that you
have copied, made derivative works
from, or in any other way duplicated
the proprietary information located
on thestockworld.com web servers
and/or web site (including but not
limited to graphics, trading systems
and methods etc). The information
and commentaries are not meant to
be an endorsement or offering of
any stock purchase. Principles and
employees of thestockworld.com do
not represent themselves as acting
in the position of an investment
advisor, broker, or investment manager
for the use of the information in
this service |
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TERMINATION |
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This User Agreement and the license
rights granted hereunder shall remain
in full force and effect unless
terminated or canceled for any of
the following reasons: (a) immediately
by thestockworld.com for any unauthorized
access or use by you (b) immediately
by thestockworld.com if you assign
or transfer (or attempt the same)
any rights granted to you under
this Agreement; (c) immediately,
if you violate any of the other
terms and conditions of this User
Agreement. Termination or cancellation
of this Agreement shall not effect
any right or relief to which thestockworld.com
may be entitled, at law or in equity.
Upon termination of this User Agreement,
all rights granted to you will terminate
and revert to thestockworld.com.
Except as set forth herein, regardless
of the reason for cancellation or
termination of this User Agreement,
the fee charged if any for access
to thestockworld.com is non-refundable
for any reason.
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The terms
of this agreement are exclusively
based on and subject to Indian law.
You hereby consent to the exclusive
jurisdiction and venue of courts
in Kolkata, India in all disputes
arising out of or relating to the
use of this website. Use of this
website is unauthorized in any jurisdiction
that does not give effect to all
provisions of these terms and conditions,
including without limitation this
paragraph.
All Users of the Service in countries
other than India understand that
by using the Service, they may be
violating the local laws in such
countries. If the User chooses to
access the Service from outside
India, he shall be responsible for
compliance with foreign and local
laws. The Users agree that they
will solely be liable for any liability
incurred by them in this regard
and will indemnify thestockworld.com
for any liability thestockworld.com
may incur in any foreign jurisdiction
as a consequence of citizens / residents
of countries other than India using
the Service. This service does not
constitute an offer to sell or a
solicitation to any person in any
jurisdiction where it is unlawful
to make such an offer or solicitation.
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