Kripa Drishti Publications

TERMS AND CONDITIONS

 

1. Terms

This End User Agreement (Agreement) is hereby made by and between you (Visitor) and Kripa Drishti Publications (also referred to here with the website name books.kdpublications.in or kdpublictions or Website), and contains the terms and conditions that apply to Visitor’s use of the Website (as defined below) offered by kdpublications at https://books.kdpublications.in (Website, together with the site, services, etc.).

BY CLICKING ON THE “ACCEPT” BUTTON OR ACCESSING OR OTHERWISE USING THE SERVICES, VISITOR HEREBY REPRESENTS AND WARRANTS THAT IT IS DULY AUTHORIZED TO ENTER INTO AND BIND VISITOR OR THE ENTITY VISITOR REPRESENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGES AND AGREES THAT ALL SUCH USE BY VISITOR IS SUBJECT TO SUCH TERMS AND CONDITIONS. IF VISITOR DOES NOT AGREE TO THESE TERMS OR IS NOT AUTHORIZED TO BIND THE ENTITY WRITER REPRESENTS, DO NOT CLICK THE “ACCEPT” BUTTON OR CLOSE THE BROWSER OR NAVIGATE TO SOME OTHER WEBSITE.

If you do not agree with any of these terms, you are prohibited from using or accessing this site. KD Publications reserves the right to terminate the account of any user at any time.

 

Subject to Visitor’s full compliance with the terms and conditions of this Agreement, KD Publications hereby grants Visitor a non-exclusive, non-transferable, non-sublicensable license to use KD Publications' online website whereby Visitor can browse available books, read PDFs of TOC, read Full PDFs of open books free of charge, purchase non-free books, etc. Except for the limited rights and licenses expressly granted to Visitor herein, no other license is granted, no other use is permitted and KD Publications (and its licensors) shall retain all rights, and interests (including all intellectual property and proprietary rights) in and to the Website and the Services.

 

Except as expressly permitted in this Agreement, Visitor shall not directly or indirectly (i) use any of KD Publications’ Confidential Information (as defined below) to create any service, software, documentation or data that is similar to any aspect of the Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Website, or the underlying ideas, algorithms or trade secrets therein, (iii) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (iv) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services, (v) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction or (vi) permit any third party to engage in any of the foregoing proscribed acts. Project Requests and Submissions.

 

THE SERVICES ARE PROVIDED BY KD PUBLICATIONS “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY KD PUBLICATIONS. KD PUBLICATIONS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND PARTNERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET VISITOR’S REQUIREMENTS.

 

Visitor shall defend, indemnify, and hold harmless KD Publications and its associates and their respective affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Visitor’s use or misuse of, or access to, the Services, (ii) Visitor’s violation of this Agreement. KD Publications and its associates, as the case may be, reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Visitor, in which event Visitor will assist and cooperate with KD Publications and such associate in asserting any available defenses.

 

IN NO EVENT SHALL KD PUBLICATIONS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE AMOUNTS PAID HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

 

Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws set forth by Indian government, including its conflicts of law rules. Visitor agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the Indian Legal Laws.

 

KD Publications reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time without notice to the Visitor. KD Publications may also impose limits on certain features and services or restrict Visitor’s access to parts or all of the Services without notice or liability. Visitor’s continued use of the Services constitutes acceptance of those changes.

 

This Agreement is the entire agreement between Visitor and KD Publications with respect to the Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Visitor and KD Publications with respect to the Services.

 

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

KD Publications shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

This Agreement is personal to Visitor, and is not assignable, transferable or sublicensable except with KD Publications' prior written consent. KD Publications may assign, transfer or delegate any of KD Publications' rights and obligations hereunder without consent.

 

KD Publications shall retain the right to use, publish and otherwise disseminate Visitor’s name, byline, logo, and likeness in KD Publications' marketing material and on the Website, for promotional purposes and for any other lawful purpose. Visitor hereby expressly acknowledges and agrees that KD Publications shall have no obligation to use, publish or otherwise disseminate Visitor’s name, byline, logo, or likeness, by any means and for any purpose whatsoever.

 

KD Publications' failure to enforce any part of this Agreement shall not constitute a waiver of KD Publications' right to later enforce that or any other part of this Agreement.

 

The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties hereto and their successors and permitted assigns. Nothing herein, whether express or implied, shall confer upon any person or entity, other than the parties hereto, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement. Notwithstanding the foregoing, all of KD Publications and its associates are intended to be third party beneficiaries of this Agreement and to have the right to enforce such rights directly against Visitor.