This is an agreement between you and Em & Shi which governs your use of Em & Shi . By accessing Em & Shi, you are agreeing to accept and be bound by this agreement. Therefore, please review this agreement to your satisfaction. If you are not willing to accept each of the terms, conditions and notices of this agreement we will not grant you the permission to use Em & Shi and you will need to exit Em & Shi.
All contents included on Em & Shi, such as text, graphics, logos, button icons, images, etc. are the property of Em & Shi and is protected by copyright laws. The layout of all contents on Em & Shi are owned and copyrighted under _______________________
What you can do?
In exchange for your adhering to the terms of this agreement, Em & Shi grants you a limited, non-transferable license to use Em & Shi and the services offered by Em & Shi.
What you cannot do?
Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from Em & Shi. You cannot under any circumstances modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from Em & Shi. In addition, you may not “frame” or otherwise use the pages or other contents or services found on Em & Shi on any other website. This means permission to use Em & Shi or contents will be narrowly construed by the Court in favour of Em & Shi. If you infringe our intellectual property rights or exceed the scope of permitted use of this license, you agree that Em & Shi would be irreparably injured and may obtain a Court order to enjoin you from further mischief. Protection offered to Em & Shi by this agreement will survive termination of any license.
No Unlawful or Prohibited Conduct
As a condition of your license to use Em & Shi, you warrant to us that you will not use Em & Shi in any way that is unlawful or prohibited by this agreement. If you violate this or any other term of this agreement, your license to use Em & Shi shall terminate immediately.
You use Em & Shi at your own risk
Em & Shi assumes no responsibility for any consequence relating directly or indirectly to your use of Em & Shi or for any action or inaction that you take based on the services or other material provided by Em & Shi. You understand this and agree that you use Em & Shi at your own risk.
User Suggestions and Submissions
You understand and agree that while Em & Shi appreciates your comments and suggestions concerning the services we provide, but Em & Shi cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to Em & Shi. If you send Em & Shi any such material or suggestions they shall be deemed the property of Em & Shi and it shall not owe you any compensation or otherwise be liable for any use that we make of the drawings, notes, text or other ideas.
EM & SHI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EM & SHI HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENTS AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EM & SHI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR WITH ANY DELAY OR INABILITY TO USE EM & SHI OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH EM & SHI OR OTHERWISE ARISING OUT OF THE USE OF EM & SHI WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF EM & SHI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES THE ABOVE DAMAGES MAY NOT APPLY TO YOU.
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Indemnification and Hold Harmless
By accessing Em & Shi, you agree to hold harmless and indemnify Em & Shi, its owners, affiliates and agents from any liability, loss, claim or expense that results from or are in any way incidental to your use of Em & Shi, including but not limited to your violation of any terms or conditions of this agreement or your infringement of any intellectual property or other right of any person or entity.
Em&shi operates solely in India
Due to lack of uncertainty and lack of uniformity of laws in different countries, you understand and agree that Em & Shi is operated solely in India. You are using the internet as your own agent to access and use Em&shi from the local internet point of presence here in India and you are using the Internet as your agent to take delivery of any contents or services in India. This means that all services, operations, deliveries, performance and contacts of your business with Em&shi occur solely in India.r
Because Em&shi operates solely in India, Indian laws govern this agreement. Since Em&shi makes no warranties and assume no liabilities and you agree in this agreement to hold Em&shi harmless you should have no reason to have a grievance with us. Should you nevertheless bring legal action against Em&shi you irrevocably agree that it will be brought and maintained within one year after the claim arises in a court located in India or be barred. To discourage unwarranted litigation, you agree that if you sue us and don’t win, you will pay our legal costs, including fees for hiring the services of the counsels. If Em&shi is required to enforce this agreement or our rights you agree that it is reasonable to send you legal notices and papers by electronic mail provided by you. Em&shi’s failure to insist on strict enforcement of any provisions of this agreement shall not preclude us from enforcing it on future occasions.
Changes to this Agreement
Em & Shi can modify this agreement at any time, and such modifications shall be effective immediately after we post the modified agreement. For your convenience, the day this agreement was last modified will always be posted at the top of this agreement. You agree to review this agreement to your satisfaction whenever the posted date indicates that it has been modified since you last reviewed it. By continuing to access Em & Shi after modifications to this agreement are posted, you are agreeing to accept the agreement as modified.
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