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This website is an electronic publication of and a service provided by
Jupiter Infomedia Private Limited (hereinafter referred to as "JIM").
Any and all use of this website is subject to, and constitutes acknowledgment
and acceptance of, the following terms ("Terms of Use").
JIM may amend these Terms of Use at any time by posting the amended version
on this site. Such amended version shall automatically be effective upon
its posting on this site.
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Definitions |
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In these Terms of Use, the following words and expressions shall, unless
the context otherwise requires, have the following respective meanings:-
"Force Majeure Event" in relation to a person or entity shall
mean an event beyond that person's or entity's reasonable control, including
but not limited to: acts of God; fire; flood; explosion; storm; disaster;
vandalism; power surge or outage; cable cut; disruptions or failures in
telecommunication systems or equipment or electrical power or supply;
server crashes; back-up failures; disruptions to or failure of Internet
access or connectivity; serious accidents; epidemics or quarantine restrictions;
any law, order, regulation, direction, action or request of any government
(including state and local governments) or any civil or military authority,
or of any dependent agency, commission, court, bureau, corporation or
other instrumentality thereof; allocation regulations or orders affecting
materials and/or the supply thereof; national emergencies, insurrections,
riots, civil commotion, war or warlike operations; strikes, lockouts,
work stoppages or labour disputes, troubles or difficulties; delays in
transportation; supplier failures, shortages, breaches or delays; or inability
after due and timely diligence to procure materials, accessories, equipment
or parts.
"JimTrade Content" shall mean all content or materials (including
text and images) in this website, all files within this website and all
data within such files, but excluding Third Party Content.
"Overall Content" shall mean the JimTrade Content, the Third
Party Content, and any and all attachments transmitted through this website.
"Specific Services" shall mean those services, provided by
relevant members of JIM or through this website, which are subject to
other specific terms and conditions in addition to these Terms of Use.
"Specific Terms" shall mean the respective terms and conditions
applicable to Specific Services, including those prescribed or imposed
by relevant members of JIM in relation to such Specific Services, or those
contained in respective agreements entered into between Visitors and relevant
members of the JIM in relation to such Specific Services.
"Third Party Content" shall mean those content or materials
(including text and images) in this website the titles, rights and interests
in or to which are not owned by members of the JIM but by the respective
Third Party Licensors.
"Third Party Licensors" shall mean the respective owners of
the titles, rights and interests in or to the Third Party Content.
"Visitor" shall mean the individual who, or the entity whose
agent, accesses or uses this website, the services provided in this website,
or any of the Overall Content.
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Application
of other terms and conditions |
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These
Terms of Use shall apply to each
Specific Service, in addition to
any and all other Specific Terms
applicable to such Specific Service;
provided however that:-
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In the event of any conflict or inconsistency between any provision of
the Specific Terms and any provision of these Terms of Use, such conflict
or inconsistency shall (except as otherwise expressly provided or agreed)
be resolved in a manner favourable to JIM; and only to the extent that such conflict or inconsistency cannot be so resolved,
the provisions of the Specific Terms shall prevail.
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Intellectual Property |
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Unless otherwise expressly stated
All titles, rights and interests (including
without limitation copyright) in respect of
the Global Sources Content belong to JIM and
nothing herein confers on the Visitor any
title, right or interest in respect thereof;
and all titles, rights and interests (including
without limitation copyright) in respect of
Third Party Content belong to the respective
Third Party Licensor, and nothing herein confers
on the Visitor any title, right or interest
in respect thereof.
Use of JimTrade Content
Visitors to this website may use the JimTrade Content solely and exclusively
for personal or internal purposes. The Visitor may download and/or reproduce
limited portions of the JimTrade Content on an occasional ad hoc basis
and distribute such JimTrade Content internally, solely and exclusively
for personal or internal purposes;
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Provided however that: |
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The use, reproduction and distribution
of such JimTrade Content (either in hard copy
or electronic form) is not done in any manner
which might be competitive with the JIM 's
use, reproduction or distribution of content
or other content similar thereto;&
such JimTrade Content is reproduced and distributed with appropriate notices,
including copyright notices, indicating JIM as the source of such JimTrade
Content and prohibiting any further reproduction or distribution of such
JimTrade Content.
Downloading, reproduction, distribution and/or use of any JimTrade Content
does not transfer any title, right or interest in or to such JimTrade
Content, and such JimTrade Content may be downloaded, reproduced, distributed
and/or used only in accordance with this paragraph 4.
Except as expressly permitted in this paragraph 4, Visitors to this website
may not copy, reproduce, modify, alter, reverse engineer, disassemble,
sell, transfer, rent, license, publish, distribute, disseminate in any
form or otherwise allow access to all or any JimTrade Content or Third
Party Content.
If the Visitor is a corporation, this provision shall apply to any subsidiary,
affiliate or parent of such corporation.
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Protection of Intellectual Rights |
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The Visitor expressly acknowledges that this website and the JimTrade
Content (or the Third Party Content, as the case may be) were prepared
by the JIM (or the Third Party Licensors, as the case may be) through
the application of methods and standards of judgment developed and applied
through the expenditure of substantial time, effort and money.
The Visitor agrees to protect all copyright and other intellectual property
or other proprietary rights and interests of the JIM (or the Third Party
Licensors, as the case may be) in or to this website and the JimTrade
Content (or the Third Party Content, as the case may be).
In addition, the Visitor shall honor and comply with reasonable written
requests made by the JIM Group in connection with the protection, enforcement
or exercise of the JIM's (or, as the case may be, the Third Party Licensors')
contractual and other legal (whether statutory or common law) or equitable
rights and remedies in respect of this website and the JimTrade Content
(or the Third Party Content, as the case may be).
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Updates |
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All updates to or additional JimTrade Content and Third Party Content and
all new versions of this website shall be subject to these Terms of Use
as if each such update, addition and/or new version were the original JimTrade
Content, Third Party Content or website (as the case may be) referred to
herein.
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Modifications |
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The JIM reserves the right to alter or modify this website, including
portions thereof, from time to time. Such alterations or modifications
may include, without limitation, addition or withdrawal of features, services,
data or content or changes in instructions. The JIM may also at any time
suspend or discontinue all or any part of this website or the provision
of updates.
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No
Endorsement of Third Parties |
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The
JIM does not endorse or make any
representation or warranty whatsoever
(whether express or implied), and
shall not be responsible or liable
under any circumstances whatsoever,
in respect of :-
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any
third party website hyperlinked
to this website, or any products,
services, information, data or other
content offered or provided therein;
and/or
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any product, service,
information, data or other content offered
or provided by third parties in or through
this website.
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Such third party
websites and such third party products, services,
information, data or other content (whether
provided or offered therein or in or through
this website) are the sole responsibility
of independent third parties, and as against
the JIM, the Visitor's use thereof or reliance
thereon is solely at the Visitor's own risk.
A Visitor's rights and remedies in respect
thereof are governed solely by other applicable
agreements or terms (if any) between the Visitor
and the relevant third party.
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Without prejudice to the generality of paragraph 8(a)
above |
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A description or reference to a product or service in this website (including
any description or reference via hyperlink) does not imply endorsement
by any member of the JIM of that product or service; the JIM does not
make any representation or warranty as to the quality, accuracy, reliability
or suitability of any third party websites or any third party products,
services, information, data or other content (whether provided or offered
therein or in or through this website); and
the JIM shall not be liable or responsible for any defects, deficiencies,
errors, omissions or inaccuracies in any third party websites or any third
party products, services, information, data or other content (whether
provided or offered therein or in or through this website).
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Exculsion
Of Representation And Warranties |
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This website
and the overall content are made
available "as is" without
any representation or warranty whatsoever,
whether express or implied, including
but not limited to any representation
or warranty as to their performance,
merchantability or fitness for any
particular purpose or use; and all
representations and/or warranties,
to the extent capable of being excluded
under applicable law, are hereby
expressly excluded by the jim, its
licensors, dealers, distributors,
agents and employees, and all third
parties (if any) involved in the
creation, production or delivery
of this website and/or the overall
content.
In particular, but without prejudice
to the generality of the foregoing,
the jim, its licensors, dealers,
distributors, agents and employees,
and third parties (if any) involved
in the creation, production or delivery
of this website and/or the overall
content, make no representations
or warranties as to, and the visitor
assumes the entire risk as to:-
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anything
contained in, the performance of,
or the results that may be obtained
by using, this website or any of
the overall content;
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the consequences of downloading any attachment transmitted through this website;
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the quality, accuracy, reliability or suitability for any purpose whatsoever of, this website or any of the overall content; and/or
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the standing, credit or otherwise of any person or entity mentioned in this website or in any of the overall content.
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Exculsion
Of Liability |
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In no
event shall jim, its licensors,
dealers, distributors, agents or
employees, or any third party involved
in the creation, production or delivery
of this website or any of the overall
content be liable for:-
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any direct,
indirect, special, incidental, secondary,
consequential, punitive or exemplary
damages arising out of the use of
or inability to use this website
or any of the overall content (such
as but not limited to loss of data,
loss of business information, business
interruption or delay, or loss of
anticipated revenue, profits or
benefits, or any economic or financial
loss), whether based upon contract,
tort, negligence, strict liability
or otherwise, and even if they were
aware of, were advised of, or ought
to have known of, the possibility
of such damages;
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any consequences
of downloading or using any attachment
transmitted through this website;
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any failure,
delay, disruption or interruption
in, of or to this website, howsoever
caused or arising;
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any failure,
delay, disruption or interruption
in, of or to the transmission or
reception of any data or information
through this website, howsoever
caused or arising;
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any defect,
deficiency, breakdown or failure
of any software or any equipment
or system (whether or not maintained
or operated by the global sources
group or any other person), howsoever
caused or arising;
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any loss,
corruption, deletion or damage of
or to any data or information (whether
belonging to, provided by or stored
by the visitor or otherwise) which
is transmitted to or stored in any
system or equipment (whether or
not maintained or operated by the
global sources group, the visitor
or any other person), howsoever
caused or arising;
any breach, failure of performance
or delay caused by a force majeure
event; and/or
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any defects,
deficiencies, errors, omissions or inaccuracies
in this website or in any of the overall
content.
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Limitation of liability above |
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Subject always
to the express exclusions in these terms
of use, the liability of tml, other members
of the jim, their licensors, dealers,
distributors, agents or employees, or
third parties (if any) involved in the
creation, production or delivery of this
website or any of the overall content,
shall in no event exceed in the aggregate
the sum of one united states dollar (us$1.00)
only, whether in contract, tort (including
negligence or breach of statutory duty)
or otherwise, or for any loss, damage
or liability whatsoever.
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Entire Agreement |
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These Terms of Use, together
with any other Specific Terms relating
to Specific Services (if applicable),
constitute the entire agreement between
the parties with respect to the subject
matter hereof and thereof, and supersede
any and all prior written and/or oral
representations, understandings, agreements
or communications between the parties
regarding the subject matter hereof
and thereof.
The provisions and terms of any purchase
order or other instrument issued by
the Visitor shall be of no effect and
the acceptance of any such order or
instrument shall not in any way extend
or alter these Terms of Use (or any
other Specific Terms relating to Specific
Services, if applicable).
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Waivers |
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Failure of either party
to insist at any time upon strict compliance
with any provision herein or to seek
remedy of any breach shall not constitute
or be construed as a waiver of such
provision or breach, or of any other
rights or remedies.
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Illegality |
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If any provision of these
Terms of Use is or becomes illegal,
invalid or unenforceable ("Affected
Provision"), such Affected Provision
shall, to the maximum extent possible,
be modified and/or replaced by an equivalent
legal, valid and enforceable provision
in a manner which accords with or which
gives effect to, as closely as possible,
the original intent of the Affected
Provision. If, however, such modification
or replacement is not permissible, then
the Affected Provision (or the modification,
replacement or severance thereof) shall
be deemed to be severed from these Terms
of Use. The illegality, invalidity or
unenforceability of the Affected Provision
shall not in any way affect the legality,
validity or enforceability of the other
provisions of these Terms of Use, which
shall remain in full force and effect.
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Governing Law and Juridiction |
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These Terms of Use shall
be construed in accordance with and
governed by the laws of India. The Visitor
hereby submits to the non-exclusive
jurisdiction of the courts of India
and/or such other courts of competent
jurisdiction as JIM may in its absolute
discretion deem fit.
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