Terms Of Service

This Terms of Service (The “Terms”) is a legal agreement between you (‘you’, ‘your’ or ‘user’) and insightsdigest.net (the ‘Company’, ‘we’, ‘us’ or ‘our’). Please carefully read the Terms in entirety before using our website. You agree to the Terms, as they are revised from time to time. IF YOU DO NOT HAVE THE AUTHORITY TO ACCEPT THE TERMS EG: YOU ARE BELOW 18 YEARS OF AGE AND/OR YOU ARE NOT COMFORTABLE WITH ALL THE PROVISION OF THESE TERMS, PLEASE DISCONTINUE THE USE OF OUR WEBSITE IMMEDIATELY. We reserve the right in discretion to update, remove, and/or make any addition to the Terms at any time. Please ensure to return to this page frequently and review the changes. YOUR CONTINUITY IN THE USE OF OUR WEBSITE AFTER AMENDMENT SHALL SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY TERMS AS AMENDED.

1. LICENSE.

Subject to your compliance with the Terms, the Company hereby grants you, and you accept, a limited, personal, non-exclusive, revocable, non- transferable and non-sublicensable license, to access, download and use our website and the services provided through our website (collectively, ‘Website’). This license is restricted to your personal (non third party), non-commercial and lawful use only.

2. CLASS ACTION WAIVER.

By entering into this legal agreement, you agree that any legal action, dispute/disagreement or claim arising out of or relating to this agreement, shall be proceeded by you solely in your individual capacity and not as a member or representative in any class/collective proceedings, or as a private attorney general unless required under applicable law.

3. TERMINATION/AMENDMENT.

We hold the rights, in our sole discretion and without any liability to you or any other third party, to terminate your use of our website and/or change/make any updates or cease offering our website entirely at any time and without any prior notice to you.

4. PRIVACY STATEMENT AND POLICY.

By downloading, installing and/or using our website, you agree to the terms of our Privacy Policy – insightsdigest.net/privacy-policy/, which are incorporated by reference into the Terms.

5. INTELLECTUAL PROPERTY RIGHTS.

We, our affiliates, and our licensors own all rights, title and interest on our website including their source code, graphics, domain names, content, protocols, software, logos and documentation that belongs to us. We only grant you license to use or access the website, this does not give you any ownership rights, interests, title to our service or any content contained therein. You agree not to delete, alter, modify, distribute, sell, market, lease reverse engineer, create derivative works of, or destroy any intellectual property rights notice placed on or in our website. With respect to these Terms, intellectual property rights shall mean all rights under any patent, copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights recognized in any country or jurisdiction, including, without limitation, moral rights.

6. DMCA NOTICE AND DMCA PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS.

In the event that you believe that certain content on the Website constitutes a copyright infringement then please submit a notification as required under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (please refer to 17 U.S.C 512(c)(3) for more information):

  • The electronic/physical signature of the individual authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that you believe has been infringed, including the URL (i.e., website address) other details regarding the exact location on the website where the copyrighted work or the copy of the copyrighted work exists.
  • Your contact details i.e. your address, telephone number, and email ID.
  • A statement by you that the disputed use is not approved by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in the notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may contact our copyright agent via email. Upon receipt of a notification, the Company will take necessary action, in its sole discretion, it deems appropriate.

7. THIRD-PARTIES OR AFFILIATES.

Our website may contain hyperlinks to third party websites or their services and/or products and from whom we may receive revenue, without any cost to you. If you click on such links to affiliate websites or interact with such third parties, please note that we do not verify or make an attempt to verify the identity and/or ascertain the credibility of these third-party companies, check, inspect, monitor, or manage the security of third party websites or their offerings. Please note we do not verify, authenticate or monitor the accuracy and thoroughness of the information made available on their sites. We recommend that you peruse through the terms of service and privacy policy pages of these third-parties before interacting with them in any way. We may also use third parties to help us provide certain features in our website. Please note that these features may be required to provide the full functionality of the Website. We also recommend reading the terms of service and privacy policy of these third parties before engaging our service to understand how they may affect your use. Our website may also contain hyperlinks to third parties that may be provided for the convenience of the users. We do not claim to hold any affiliation to such third parties nor do we accept any authority for any harm that may be caused through any third parties.

8. MODIFICATIONS TO THE SITE.

We retain the right to make modifications to our website including but not limited to changes to the features/functionality available on our website and/or limiting certain features/functionality and/or removing any features and/or adding any new features altogether. Such modifications will be by our preference and without any commitment to give prior notice of such updates/modifications to our users.

9. MARKETING.

You agree that insightsdigest.net may use your information to send you marketing communications (like email, SMS) and updates regarding our product/services. You may at any time choose to unsubscribe to such marketing communications by clicking the “unsubscribe” button in the footer of the marketing message.

10. MAINTENANCE AND SUPPORT.

We are not impelled to provide you support and/or maintenance services with respect to the software (such as, modifications, upgrades, or new releases of the software).

11. PROHIBITED CONDUCT.

In addition to any other activities or actions stated to be in breach of this agreement, prohibited conduct under this agreement includes but is not limited to, the following activities or actions by the user;

  • Making use of our website in a manner that is other than personal, lawful and non commercial.
  • Creating content in a way that may imitate the general look and feel of the website.
  • Deleting/removing content from the website.
  • Getting involved in activities that may harm our website or an individual
  • Blocking or attempting to block any other users’ access to or use of our website
  • Imitating another person or entity, or misreporting your affiliation with a person or entity when using our website.
  • Making use of our website for activities that may be considered fraudulent, immoral, illegal, or unethical.
  • Making use of our website to distribute or otherwise make available harmful technologies like trojans, logic bombs, malicious code, or any type of file or software that could be categorized as malicious, harmful, or illegal.
  • Making use of our website without authorization using bots or other automated technology including but not limited to spiders, robots, offline readers, crawlers, etc.
  • Hindering or causing damage to the network, server or the equipment that is used to provide our website.
  • Infringing our intellectual property or that of our business partners, affiliates or any other third party
  • Contravening the terms of this agreement, such activities may result in the user being blocked from using our website and prohibited to use our website entirely.

12. ASSIGNMENT.

You admit that you will not delegate any of your rights or assign any obligations, whether by any existing legal principles or otherwise, without our prior written permission. We may assign these Terms in its entirety including any such terms that may be added later herein, without your prior consent to a corporate representative or, in relation with an acquisition, merger, partnership, corporate reorganization or sale of all or substantially all of our assets.

13. LIMITATION OF LIABILITY.

You expressly understand and accept that in no event shall we, and our, business partners, agents, suppliers, parents, subsidiaries, representatives successors and assigns or affiliates would be held liable under any circumstance for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, including without limitation, any loss of use, goodwill, data, profits, cost of procurement of substitute services, or any other special, indirect, incidental, exemplary or consequential damages. The clause would be applied regardless of the manner in which damages occurred, and on any theory of liability, whether for violation of contract, tort (including, without limitation, negligence and strict liability) or otherwise resulting from (1) your use of, or the inability to use, the website itself, (2) the use of, or the inability to use, items purchased from third-party websites hyperlinked on the website; (3) the cost of procurement of substitute services or items; or (4) any other matter related to the website.

14. INDEMNIFICATION.

You shall indemnify, and not hold us accountable and any of our representatives from and against any and all claims, calls, liability, losses, disputes, damages, and costs of any kind, including but not limited to reasonable attorneys’ fees and litigation costs arising from or in any way connected with (i) your use of our website; (ii) any information transferred or submitted through the website; (iii) privacy, tort or other claims relating to any personal information provided by you to us that is currently not owned by you, in disrepair to the terms of this agreement; and/or (iv) your violate any of the terms of this agreement.

15. SEVERABILITY.

If any provision of this agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered null and void, the rest of this agreement shall be considered severable and shall remain unaffected.

16. FORCE MAJEURE.

If you suffer any damages due to use of our website, given that damage is cause by cessation, interruption, delay, or any kind of failure in the performance and if such damage is due to earthquakes, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott we will not be liable for the same.

17. NO WAIVER.

No waiver of any violation of any provision of this legal agreement shall constitute a waiver of any prior, simultaneous or subsequent violation of the same or any other provisions hereof, and no waiver shall be effective unless shared in writing and signed by an authorized representative of the waiving party.

18. GOVERNING LAW.

This agreement shall be governed by, construed and interpreted in agreement with the laws of the State of California, without any regard to any principles of conflicts of law. Any legal actions/proceedings shall be put forth and resolved exclusively in the Courts of the County of San Francisco.

19. SURVIVAL.

All warranties, indemnification obligations and representations made or undertaken by you will survive the termination of your use of the Website. These Terms supersede any other terms previously disclosed by us and any other representations or statements made by us to you, orally, written, or otherwise.

20. DISCLAIMER OF WARRANTIES.

The website is provided on an “as is” and “as available” basis. Except specifically mentioned in this agreement, we expressly disclaim any and all warranties of any kind, whether expressed or implied, including, without limitation, any warranties of marketability, or fitness for a particular use or purpose or any warranty as to the validity of any trademarks, copyright or the non-infringement of any intellectual property rights of third parties. usage of trade, course of conduct or otherwise to the fullest extent permitted by law. Without limiting the prior statement, we do not make any warranty that (i) access to the website will be timely, secure, uninterrupted, error free; and if any defects, will be corrected; (ii) the website will meet your requirements; (iii) the website will be free of any malicious software, viruses, trojans, worms or logic bombs; or (iv) the results obtained from the user of the website will be accurate. You understand and accept that we shall not be accountable or liable for any material and/or data obtained or downloaded through the use of the website. Your use of the website is at your own risk and you will have the sole authority for any damage to your computer system or loss of data that results from the download of any material and/or data from the website. Unless stated herein, no warranty shall be created by any advice or information, whether oral or written, that you may obtain, either through direct communication with us or through the website itself.

21. MISCELLANEOUS.

This agreement represents your complete acceptance concerning the license granted herein and the subject matter hereof. The Company may change the terms mentioned herein by providing you a notice. Such notice may be delivered via an email. The failure of either party to comply with any rights granted hereunder or to take action against the other party in the event of any contravention hereunder shall not be considered a waiver by that party as to subsequent implementation of rights or subsequent actions in the event of future breaches. If any provision of this agreement is held to be null and void, such provision shall be reformed only to the extent necessary to make it enforceable. You agree not to delegate your rights or obligations under this agreement without taking prior consent from the Company. The Company may assign or transfer its rights and/or obligations under this agreement without restriction or prior notification.

CONTACT DETAILS

For any of your queries and concerns regarding this agreement or our services, you may reach out to us at [email protected].

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