General
These Terms of Use set forth the terms and conditions that apply to the access, browsing and use by a Viewer /Subscriber of the daily news graphic wire web pages available at www.kbk.in and www.kbknewsgraphics.com ( collectively referred to as “Site”) owned by Cartographic News Service (“CNS”).
Definitions
(i) “License” means the permission granted to a Subscriber to download, copy, redistribute or publish Material in Permitted Publications upon payment of Fee without making any changes, deletions, modifications (except that modification of type, size, and font of the data based on the requirement of the Subscriber may be permitted) or derivate works of the Materials. The term “Licensed” shall be construed accordingly.
(ii) “License Fee” means the consideration amount agreed (either in the form of a written agreement or in a ‘contract invoice’) to be paid to CNS by the Subscriber for grant of License to use the Materials available on the Site.
(iii) “Material” means and includes all graphics, illustration, caricatures, logos and the like as supplied, the elements, words and coding used in the construction thereof and with which they are associated, all modifications rearrangements or translations made thereto regardless of the form or the media in or on which the graphics, illustration, caricatures, logos and the like are supplied, stored or copied to.
(iv) “Permitted publication(s)” means the publication in which the Material may be reproduced by the Subscriber, as defined by the medium, title URL, circulation, language, territory or as is otherwise appropriate.
(v) “Subscriber” means a person who can access, browse and is Licensed to use the Materials available on the Site upon payment of Fee through passwords provided to such person by CNS.
(vi) “Viewer” means each person who establishes or accesses a connection to view the Materials on the Site without payment of Fee.
Permitted Use
A Viewer may access and browse the Site (without any License Fee) solely for personal non-commercial purposes and shall not use the Material including downloading, modifying, copying, storing, reproducing, publishing, republishing, uploading, posting, transmitting, distributing, creating derivative works or in any manner exploiting, participating in the transfer or re-sale in any way the Material (or part thereof) on the Site
including code and software without the express prior written consent of CNS and payment of requisite License Fee.
A Subscriber may access and browse the Site and upon payment of Fee (as maybe fixed by CNS) shall be Licensed to use the Material (or part thereof) on the Site including downloading, copying, redistribution or publication of Material in Permitted Publications. However, a Subscriber shall not make any changes, deletions, modifications (
except modifications to the type, size, and font of the data based on the requirement of the Subscriber may be permitted) or derivate works of the Material {Note: Confirm what is permitted to a Subscriber}, subject to the following conditions:
(a) The License to use the Material (or part thereof) shall be a non-exclusive license to the Subscriber solely for publishing in the Permitted Publications;
(b) The License to use the Material (or part thereof) is personal to the Subscriber and is not transferable to any other person or entity and the Subscriber shall not nor transmit, display, broadcast, redistribute, forward or deliver the Material (or any part thereof) to any other person or entity, in any other format, or by any other means;
(c) The License to use of the Material (or part thereof) shall be only for lawful purposes;
(d) The Subscriber shall not participate in the transfer or re-sale in any way the Material (or part thereof) on the Site including code and software.
(f) The Subscriber must keep all copyright and other proprietary notices attached to the Material. {Note: Confirm}
(g) Subscriber shall be responsible for protecting the confidentiality of his password(s).
(h) {Note: Provide any other conditions}
Requests
Requests for permission to download, copy, redistribute or publish Material (or part of it) found on this Site can be made upon payment of Fee and by contacting CNS through "
Contact Us" sections of this website.
Indemnification
Viewer / Subscriber agrees to defend, indemnify and hold harmless CNS, its affiliates and their respective partners, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the access, browsing and / or use of the Materials available on the Site by Viewer / Subscriber, Viewer / Subscriber’s failure to access, browse and /or use of the Materials available on the Site; the Viewer / Subscriber’s breach or alleged breach of these Terms of Use or breach of any agreement entered into with CNS, breach of any copyright, trademark, proprietary or other rights of CNS or third parties.
Viewer / Subscriber hereby acknowledge that the liability in case of Material accesses, browsed and /or used in breach of applicable laws, rules, regulations, or local market conventions rests entirely with the Viewer / Subscriber.
Change of Terms
CNS shall have the right in its sole discretion to edit, refuse to post or remove Material (or part thereof) posted on the Site. Without limiting the foregoing, CNS shall have the right to remove any Material that CNS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or not in accordance with laws in India.
CNS shall have the right at any time to change or modify or discontinue the terms and conditions applicable to Viewers / Subscriber’s access, browsing and / or use of the Materials available on the Site, or any part thereof including increasing fees and adding other charges. Such changes shall be effective immediately after posting. Please review these Terms of Use periodically. The Viewer / Subscriber’s continued use of the Site following the posting of changes and / or modifications shall constitute the Viewer / Subscriber’s acceptance of the Terms of Use.
Termination
Either CNS or Viewer / Subscriber may terminate these Terms of Use at any time. Without limiting the foregoing, CNS shall have the right to immediately terminate Subscriber’s license to use the Material in the event of any conduct by Subscriber which CNS in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of the terms hereof.
Unsolicited Submissions
CNS does not knowingly accept unsolicited submissions and its policy is to delete any such submission without reading or forwarding the same. Any similarity between an unsolicited submission and any Material (or part thereof) on the Site is purely coincidental. However if unsolicited submissions are sent to the Site then these submissions shall be deemed to be the property of CNS and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published displayed or deleted as CNS, in its sole discretion considers fit.
Governing Law
These Terms of Use shall be governed by the laws of India. The courts at Delhi shall have exclusive jurisdiction over any disputes arising hereunder or by the access and use or inability to access and use the Material available on the Site.