Terms of Service
The products and services available at MyToday.com ("Site"), are offered by Netcore Solutions Pvt Ltd ("Netcore"), an Indian Company, and is accessed by you ("User") under the following terms and conditions:
Registration Data and certain other information about the User is subject to Netcore's Privacy Policy. For more information, see Netcore's full Privacy Policy.
1. Access to the services
Subject to the terms and conditions of this agreement ("Agreement"), Netcore, its subsidiaries, affiliates, associate companies, consultants, partners and suppliers may offer to provide certain information and services including but limited to communications tools, forums, shopping services, search services, personalized content or branded programming, as described more fully on the Site, and which are selected by User through the Site or through SMS and/ or email and/ or process or various medium or device ("Services") whether now known or hereafter developed, solely for User's own use, and not for the use or benefit of any third party conditioned on User's acceptance without modification of the terms, conditions and notices contained herein. Services shall include, but not be limited to, MyToday feeds and the public Really Simple Syndication feeds ("RSS") and other content of different formats. User's use of this Site and/ or Services constitutes User's agreement to all such terms, conditions and notices. The information and Services offered on this Site or through other mediums should not be considered as a substitute for professional advice. User's use of the Site and/ or Services is subject to the additional disclaimers and caveats that may appear throughout the Site. Netcore, its associate companies, its consultants, authors, partners, suppliers, printers and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that the User take based on the information, Services or other materials on this Site. While Netcore strives to keep the information on this Site and/ or Services accurate, complete and up-to-date, Netcore, its subsidiaries, affiliates, associate companies, consultants, partners, agents and suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Netcore may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content on the Site. Netcore may also impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability. Netcore reserves the right, at its discretion, to modify this User Agreement at any time. User shall be responsible for reviewing and becoming familiar with any such modifications from time to time. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this user agreement as modified. By accessing or using the Site, User agrees to be bound by this Agreement.
User certifies to Netcore that User is a resident of India. User further certifies that if User is an individual (i.e., not a corporation), User is at least 18 years of age. User also certifies that he/ she is legally permitted to enter into this Agreement and to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. If User is buying and/or availing goods and/or Services, User further warrants that User has legal authority to enter into other binding agreements for the purchase and/or use goods and/or Services. User agrees to be financially responsible for all of User's use of the Services and access of the Site (as well as for use of User's account by others, including without limitation minors living with User). User agrees and undertakes to supervise and be responsible for all usage of minors of the Services and access of the Site under User name or account. User also warrants that all information supplied by User or members of User's household in using the Services and accessing the Site, including without limitation User's name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User 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. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the services.
Netcore may also provide User with an application for User mobile phone (the "Software"), which may be downloaded by the User from the Site, or in the future pre-installed by the phone manufacturer or mobile operator, copied from Netcore user over Bluetooth or downloaded from some third-party partner web sites. This Agreement applies also to the installation and use of the Software.
2. Site Content
The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, keyword, key name, mob name, group name, feed name, graphics, news articles, software, music, sound, photographs, images, tunes, illustrations, audio clips and video clips tags, or other materials, also known as the "Content") are protected by copyright owned by Netcore, its subsidiaries, associate companies, consultants, partners, agents, suppliers, licensed content provider. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Content produced by Netcore is licensed under a creative commons attribution-noncommercial license enabling users to use the Content solely for their personal non-commercial use only.The Site is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other copyright laws. Netcore grants to User a limited non-exclusive, non-transferable, non-sublicensable right under Netcore's intellectual property rights to view, play the Content solely for their personal non-commercial use. If User wishes to use Content for commercial purposes, User must submit a business inquiry. Copying, using, storing or forwarding any Content for other than non-commercial use is expressly prohibited without prior written permission from Netcore or from the copyright holder identified in such Content's copyright notice.
Netcore requests that, according to standard practice, if a User uses any documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available on the Site or the Service for any research that results in an article, a book, or other publication, the User lists Netcore as a resource in user's bibliography and the User shall take prior permission and (1) give proper credit and ensure that Netcore copyright notice appears on all copies; (2) use the documents and graphics available from the Site and/ or Services for informational and non-commercial and personal use only; and (3) no documents or graphics, including logos, available from the Site and/ or Services are modified in any way. Netcore neither warrants nor represents that use of materials by User will not infringe the rights of third parties not owned by or affiliated with Netcore. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
User acknowledges and agrees that if User uses any of the Services to contribute content to the Site, Netcore is hereby granted a non-exclusive, worldwide, royalty-free, transferable, perpetual and irrevocable right to fully exploit such content, at its sole discretion, in any manner whatsoever (including all related intellectual property rights) and to allow others to do so.User warrants, represents and agrees that it will not upload, post, email, transmit or otherwise contribute any content that is:
(i) infringing, libelous, defamatory, obscene, pornographic, abusive, harmful, threatening, harassing, tortuous, offensive, hateful, or racially, ethnically or otherwise objectionable, misleading or violates any law or right of any third party;
(ii) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
(iii) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(v) "stalk" or otherwise harass another user; and/or
(vi) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) to (v) above.
User acknowledges that Netcore may or may not pre-screen Content, but that Netcore and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content from the Site and/ or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties or authorities relating to such Content or if Netcore is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
MyToday and other Netcore logos, product and service names are trademarks owned by/licensed to Netcore by third parties (the "Marks"). Without the prior written permission of Netcore, or its appropriate affiliates, User agrees not to display or use in any manner, the Marks. Nothing contained in this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks without the express written permission of Netcore or such third party.
All other trademarks are the property of their respective owners.
User's misuse of the material and/or Marks on the Site and/ or Services and in its Contents, except as provided in this Agreement, is strictly prohibited. User is advised that Netcore will aggressively enforce its intellectual property rights in the Site and/ or Services and its Contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
3. Restrictions
User is responsible for all of its activity in connection with the Services and accessing the Site. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site and/ or Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other MyToday user. As a condition of use of this Site and/ or Service, User warrants to Netcore that User will not use this Site and/ or Service for any purpose that is unlawful or prohibited by these terms, conditions, notices and/ or by law. Also, User must not harass, intimidate or impersonate other MyToday users or use any information obtained from the service in order to do so.
User shall not use the Site and/ or Services in any manner which could damage, disable, overburden, or impair any Site and/ or Services (or the network(s) connected to any Site and/ or Service(s)) or interfere with any other party's use and enjoyment of any Site and/ or Service(s). User shall not attempt to gain unauthorised access to any Site and/ or Services, other accounts, computer systems or networks connected to any Site and/ or Services, through hacking, password mining or any other means (whether now known or hereafter developed or invented). Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are infringing, libelous, defamatory, pornographic, abusive, offensive, misleading, threatening, obscene, or engage in any kind of illegal activity is expressly prohibited. If User violates any of these terms, User's permission to use the Site and/ or Services automatically terminates and User may be subjected to criminal and civil liability.
4. Warranty disclaimer
Netcore has no special relationship with or fiduciary duty to User. User acknowledges that Netcore has no control over, and no duty to take any action regarding: which user gain access to the Site and/ or Services; what content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Site and/ or Services; what effects the content may have on User and/ or any third party; how User may interpret or use the content; or what actions User may take as a result of having been exposed to the content and/ or other users action in respect to the Content uploaded by the User. User releases Netcore from all liability for User having acquired or not acquired content through the Site and/ or Services. The Site and/ or Services may contain, or direct User to sites and/ or services containing, information that some people may find offensive or inappropriate. Netcore makes no representations concerning any content contained in or accessed through the Site and/ or Services, and Netcore will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/ or Services. The Services, materials, information, content, Site and any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
Although Netcore has taken adequate safeguard, Netcore makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site and/ or for the Services or any web-site linked to the Site. Netcore will not be liable for the privacy of User's name, email addresses, street address, telephone number, mobile number, credit card number, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Netcore's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
User's use this Site and/ or Services at his/ her own risk. It is expressly provided that no goods once sold and/or services availed will be replaced by Netcore.
Changes are periodically made and added to Site and to the information herein. Netcore, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes in this Site at any time.
The Site and/ or Services contains views, opinions and recommendations of users of the Site and/ or Services, advertisers, third party information providers and organizations. The Site does not warrant, represent or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any opinion or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Site and/ or Services. Netcore assumes no responsibility to keep the material and/ or Content current, complete, up-to-date, valid, and/or accurate. Netcore shall not be responsible in any manner whatsoever for any errors or omissions in the materials and/ or Content even if such errors or omissions are due to negligence. User acknowledges that any reliance upon any such opinion or information shall be at User's sole risk.
Netcore makes no warranty or representation whatsoever regarding the Site or any Content, advertising, Services or products provided through or in connection with the Site and/ or Services. User acknowledges that any use of such Content, advertising, services or products provided through or on Site and/ or Services shall be at User's sole risk. Netcore expressly states that Netcore shall not be responsible or held liable for any Content, advertising, services or products provided through or in connection with the Site and/ or Services.
Netcore expressly disclaims any and all warranties, express or implied, including, without limitation:
(a) Any warranties as to the availability, accuracy, completeness or content of information, products, Content or services which are part of MyToday Site and/ or Services;
(b) Warranties or fitness for a particular purpose, or merchantability or workman effort or title or against infringement. In no event will Netcore, its affiliates, licensors, employees, agents or contractors, be liable to User for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the Site, Services, Software, its public posting bulleting boards, its Content or any errors or omissions in its Content, even if advised of the possibility of such damages. The materials, consultations and services offered on Site and/ or Services are not to be understood as a substitute for the accurate and appropriate consultation with competent advisers.
(c) Any material downloaded or otherwise obtained through the use of the Site and/ or Service is accessed at User's own discretion and risk, and User shall be solely responsible for any damage to User's computer system or loss of data that results from the download of any such material.
(d) The Services and/ or Software will be free of all viruses.
(e) The Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
(f) Any service will be uninterrupted, timely, secure or error-free.
User acknowledges and understands that if User fails or does not provide any name or keyword, key name, mob name, group name and/ or feed name for the mobile blog services provided by Netcore, the mobile number of the User shall be used as keyword, key name, mob name, group name and/ or feed name for the mobile blog service and it shall be deemed that the User intends to disclose User's mobile number for the entire mobile blog community using the mobile blog services provided by Netcore. Netcore undertakes no obligations for confidentiality of mobile number provided by User as keyword, key name, mob name, group name and/ or feed name and User would do so entirely at User's sole risk.
5. Changes to Site
Netcore, its associate companies, affiliates consultants, partners and/or its suppliers reserves the rights to make improvements or changes in the information, Services, Content, products, and other materials on this Site including but not limited to changes associated with the use of Site, or terminate this Site, at any time without notice. Netcore may amend and/ or modify this Agreement at any time, and such amendments and/ or modifications shall be effective immediately upon posting of the amended and/ or modified Agreement. Accordingly, User agrees to review the Agreement periodically, and User access or use of this Site after the amendments and/ or modifications of this Agreement shall be deemed to be User's acceptance of the amended and/ or modified Agreement.
6. Registration and Security
As a condition to using certain Services, User may be required to register on the Site and select a password and User name, e-mail id or mobile number, or all of them ("MyToday User id"). At the time of registration, User shall provide true, accurate, complete, and updated registration information. The User may even be required to give other information as may be required. User shall refrain from impersonating or falsely representing User's affiliation with any person or entity including association with Netcore. Failure to refrain from doing so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User shall not (i) select or use a MyToday User id, mobile number and/or mail id, a name, number and/or mail id of another person with the intent to impersonate that person; or (ii) use a MyToday User id a name subject to any rights of a person other than User without appropriate authorization. Netcore reserves the right to refuse registration of, or cancel a MyToday User id in its discretion. User shall be responsible for maintaining the confidentiality of User's MyToday password. Except with the prior written permission of Netcore, User agrees to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
7. Indemnity
User is prohibited from uploading, emailing, posting, contributing or transmitting any unlawful, threatening, libelous, defamatory, obscene, racial, inflammatory, pornographic, misleading, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Netcore shall fully cooperate with any law enforcement authorities or court order requesting or directing Netcore to disclose the identity of anyone posting any such information or materials. User undertakes to hold harmless and at all times fully indemnify and defend and hold Netcore, its subsidiaries, affiliates, associate companies, and their respective officers and employees and agents, harmless, from and against any and all costs, losses, claim or demand, losses, damages and liabilities, including costs and attorneys' fees, made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User including, without limitation, copyright and trademark infringement, obscene or indecent postings, and on-line defamation, or any third party using the User's account, of any intellectual property or other right of any person or entity.
8. Limitation of liability
In no event shall Netcore, its subsidiaries, affiliates, associate companies, consultants, partners, and their respective officers, agents, directors and/or its respective suppliers be liable with respect to the Site, Content, the Services and/ or Software (i) for any amount in the aggregate in excess of the fees paid by User therefore; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, goodwill, use, data or other intangible losses arising out of or in any way connected with the use of this Site, Content, Services or this Agreement or with the delay or inability to use this Site, or for any information, materials, Content and/ or Services uploaded, posted, emailed, transmitted and/ or obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Netcore, its parent company, subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers has been advised of the possibility of damages. If the User is dissatisfied with any portion of the Site, Content and/ or Services or with any of these terms of use, User's sole and exclusive remedy is to discontinue using the Site, Content and/ or Services.
9. Copyright
Netcore claims no intellectual property rights over the material user provides to Netcore on the Site and/ or Services. The profile, text, images etc. uploaded by the user remains User's property. Netcore undertakes to obey all relevant copyright laws.
The information, Content or services on the Site and/ or Services are protected by copyright, trademark, trade secrets and other intellectual property rights act. User agrees to use the services as per the terms of use, and not reproduce, modify, translate, distribute, sublicense, or create derivative works based on, the services or any parts thereof in any form unless otherwise expressly provided in the Terms of use.
Netcore undertakes to obey all copyright laws. Netcore undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide Netcore with the following: physical or electronic signature of either the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
(a) A description of the copyrighted work claimed to have been infringed;
(b) Complete information to enable Netcore to locate the allegedly infringing Content;
(c) Full contact information of the claimant including address, telephone number and email address;
(d) A statement by the claimant that s/he has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) A statement by the claimant that information in the notification is accurate and under the pains & penalties of perjury, and that s/he is the copyright owner or authorized to act on the copyright owner's behalf; and
(f) A physical or electronic signature of either the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
Claims can be sent to either to 402, Peninsula Chambers, Peninsula Corporate Park, Ganpat Rao Kadam Marg, Lower Parel (West), Mumbai 400 013, India or to reportcopyright@mytoday.com.
10. Fees and payment
Some of the services may require payment of fees. User shall pay all applicable fees, as described on the Site and/ or in the Services in connection with such Content and/ or Services selected by User. Any such fees paid are non-refundable. Netcore reserves the right to change its price list and to institute new charges at any time, which may be sent by email, SMS or posted on the Site. Use of the Content and/ or Services by User following such notification constitutes User's acceptance of any new or increased charges.
11. Caveat
Netcore undertakes no obligations for confidentiality of information provided by User and User would do so entirely at User's sole risk. User shall always use caution when giving out any personally identifying information about User in any communication service.
12. International Usage
The Site is designed for, and targeted to, Indian customers and is governed by and operated in accordance with the laws of India. Netcore makes no representation that the Site and Services are operated in accordance with the laws of other countries. If the User is located outside India and access or use the Site and Services, the User does so at his/ her own risk, and is responsible for compliance with any applicable local, national or international laws.
Please be aware that User's initiative of accessing the Site and/or Services is subject to Indian laws.
13. Links to Third Party Websites
The Site may present links to other website which are not owned or operated by Netcore (the "Third Party Websites"). These links are provided only as a convenience to the User. Neither, Netcore nor any of its affiliates are responsible for the availability of such Third Party Websites or their contents. The User understands, acknowledges and agrees that neither Netcore nor any of its affiliates are responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with the User's use of or reliance on any content of any such site or goods or services available through any such site.
14. Termination
Netcore may, at any time, terminate or suspend any and all Services and/ or access to the Site immediately, without prior notice or liability. The Services and/ or access to the Site may be terminated or suspended if:
(i) User breaches any of the terms or conditions of this Agreement or other incorporated agreements or guidelines;
(ii) requests by law enforcement or other government agencies;
(iii) discontinuance or material modification to the Site and/ or Service (or any part thereof);
(iv) unexpected technical or security issues or problems;
(v) extended periods of inactivity;
(vi) engagement by the User in fraudulent or illegal activities; and/or
(vii) nonpayment of any fees owed by the User in connection with the use of Site and/ or Services.Termination of User account includes:
(a) removal of access to all offerings within the Service, including but not limited to mail, groups, mob groups, messenger, chat, domains, personals, auctions, message boards, greetings, alerts and/ or games;
(b) deletion of User password and all related information, files and content associated with or inside User account (or any part thereof); and
(c) barring of further use of the Site and/ or Service.Further, User agree that all terminations for cause shall be made in Netcore's sole discretion and that Netcore shall not be liable to the User or any third party for any termination of User account, any associated email address, or access to the Service. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
15. Disputes
This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Mumbai. Provided however that the foregoing shall not limit the rights of either Party to bring proceedings in any applicable jurisdiction to enforce or enter judgements upon such awards.
16. Miscellaneous
The failure by Netcore to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder.
Netcore shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Netcore's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement and any rights and licenses granted hereunder is not assignable, transferable or sub-licensable by User but may be assigned by Netcore without restriction.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Netcore in any respect whatsoever.