Welcome to https://www.themooknayak.com/ (the "Site") managed by CRITIC MEDIA FOUNDATION (hereinafter referred to as the "Foundation", “we” or “our”, which expression shall unless the same be repugnant to the context or meaning thereof be deemed to mean and include its affiliates, subsidiaries, successors in business and assigns).
“User”, “you” or “your”: means any person, who is accessing, using the Site, in any manner whatsoever, and is of 18 years of age or older, capable to enter into a legally binding agreement under the laws of India.
By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Foundation that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may access and use the Service of the Site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this Site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
The Foundation reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
Further, Foundation reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the Site without prior notice.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Site are the property of Critic Media Foundation, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Foundation; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
We grant You permission to only access and make personal use of the Site and you agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on Foundation's Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express written consent of the Foundation. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
Foundation forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant or person; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for indiatimes.com or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site.
Individual Registration, Access and Exchange of Information
For certain services such as email, personal web pages, subscription-based services, contests and shopping, registration by the visitor is required. To register for these services, you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. We shall retain your registration information after cancellation or withdrawal of your registration as required under applicable law(s).
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: - Any other person sharing your account and Password; Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Us as users of the Site; or Access through a single account and Password being made available to multiple users on a network.
If the Foundation reasonably believe that an account and Password is being used / misused in any manner, Foundation shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account.
Exchange of Information qua CHAT & other Community Services (if applicable)
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.
Foundation endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.
By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user's ability to engage in real time exchanges.
The Service Registration and Access to Use (If applicable)
If the Foundation reasonably believes that an account and password is being used / misused in any manner, the Foundation shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Foundation reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Foundation’s sole discretion and without any liability to you. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Foundation immediately of any unauthorized use of your account or any other breach of security. The Foundation will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by the Foundation or another party due to someone else using your account or password. If messages sent to an email address provided by you and associated with your account are returned as undeliverable or wrong address; Foundation reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
The Service Registration and Access to Use (If applicable)
Billing (If Applicable)
By signing up for the Services, you are expressly agreeing that the Foundation is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services through the credit card or other payment method accepted by the Foundation ("Payment Method") that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your account. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on your account page.
In order to sustain the Services, it is important that you honour the payment obligations to which you have agreed. Accordingly, the Foundation reserves the right to pursue any amounts you fail to pay in connection with the Services. You will remain liable to the Foundation for all such amounts and all costs incurred by the Foundation in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs.
You also understand and acknowledge that the Foundation only facilitates the third-party payment gateway for processing of payment. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that the Foundation shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
You can file any complaint related to payment transfer at Site and the same shall be forwarded to the concerned third-party payment gateway provider for redressal.
Free Trials: You may be offered a free trial period at the start of your membership of the Services, solely at the discretion of the Foundation. The duration and the terms of the free trial period shall be at the discretion of the Foundation and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing may automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the datewhen the free trial period ends.Once billing commences, we will continue to bill your Payment Method for your membership fee until you cancel. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods.
Collection And Use Of Personal Information
You hereby agree and assure the Foundation that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You specifically agree to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Site. You further concur that you shallnot:
In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based, on the content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Foundation in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
If you are a publisher of news and current affairs content, then in addition to compliance with other terms mentioned herein, you shall also furnish details of your user accounts on our services to the Ministry of Information and Broadcasting as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) and you shall comply with all applicable laws including said Rules. Foundation may, at its discretion, provide such publishers who have provided information under said Rules to the Ministry of Information and Broadcasting, a demonstrable and visible mark of verification as being publishers, which may be visible to all users of the service.
The Site may permit you to post user submissions including but not limited to reviews of Content available through the Services, comments on such Content etc. You understand that these User Submissions, once posted by you, are visible to all members since it is a public forum.
More specifically, when you review / rate any Content available on the Services (as per functionality made available on the Site), you give the Foundation express rights and consent to display your rating / review in relation to the relevant Content on the Site, including making it available to other members for viewing. If you do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features.
These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The Foundation is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("User Feedback"), including responses to questionnaires or through postings to the Services / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Site, you grant the Foundation a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Foundation, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.
Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User Submissions.
You shall be financially responsible for your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access of the Site under your name or account and absolve the Foundation from any liability on this account. You also warrant that all information supplied by you or members of your family for using the Services and accessing the Site, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
You agree that the Foundation may directly or through third party service providers send information to you about the various services offered by the Foundation from time to time.
You agree not to host, display, upload, modify, publish, transmit, store, update or share any information orUserSubmission which
You understand and agree that the Foundation may, but is not obligated to, review the User Submissions and may delete or remove it (without notice) in its sole and absolute discretion, for any reason or without assigning any reason.
Termination of Account, Suspension or Discontinuation of The Service
The Foundation reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Foundation may do so in its sole discretion. You also agree that the Foundation will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and the Foundation suspends or discontinues the Services, the Foundation may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Foundation may credit additional days of service to your account). However, if the Foundation terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Foundation may retain any information and associated records that are required to be retained or preserved under applicable laws including post termination of your account and irrespective of whether such information or content has been removed or access to it has been disabled.
Disclaimer of Warranties and Liability
You understand and agree that the Foundation provides the Services on ´as-is´ ´with all faults´ and ´as available´ basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Foundation as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website will meet your expectations or requirements; (d) any errors in the Site will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Foundation, its officers, directors, employees, affiliates, agents,licensors,or suppliers.
The Foundation does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware.
The Foundation, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Foundation have been advised of the possibility of damages.
In the event any exclusion contained herein be held to be invalid for any reason and the Foundation or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Foundation or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
You agree to indemnify, defend and hold harmless, the Foundation, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out for in relation to:
your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
GRIEVANCE REDRESSAL MECHANISM
Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to grievance at Meenaktwl@gmail.com ("Grievance Officer")
None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Foundation and you shall have no authority to bind the Foundation in any manner, whatsoever. This agreement is solely for your and the Foundation’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Foundation may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, epidemics, lockdowns, strikes, lockouts and other industrial disputes.
These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Foundation, you agree to submit to the exclusive jurisdiction of courts at New Delhi.
You and the Foundation agree that any cause of action arising out of or related to use of the Site or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.