Terms and conditions

Dorling Kindersley Publishing Private Ltd

 

Terms of Use

 

Effective date of terms of use: January 20, 2017
These terms and conditions apply to this Website and any other Website, application, online portal or service that is in any way related or linked to this Website and/or its terms and conditions such as author websites and such created, operated and/or made available by Dorling Kindersley Publishing Private Ltd (collectively referred to as Sites). All software used on this site and all content included on this site (including without limitation site design, text, graphics, audio and video and the selection and arrangement thereof) is the property of DK or its suppliers and is protected by international copyright laws.

These terms and conditions form the contract of usage between “you” (user) and “us” (Dorling Kindersley Publishing Private Ltd) and govern your use of the Sites. This agreement, together with all updates, supplements, additional terms, and all of DK’s rules and policies collectively constitute and shall be referred to as the “Agreement” between you and DK. By accessing this site, you are giving your consent to be bound by this agreement. If you are not do not agree with the terms of usage provided as terms and conditions, you must leave this site immediately.

All content provided and material made available on this site are purely for home and/or non-commercial purposes only.

Your use of this site does not provide you with the ownership of any content or material available on the Website.

 

Changes to Terms of Use

 

Dorling Kindersley Publishing Private Ltd (“DK”, “WE”, “US”, OR “OUR”) reserves the right at our discretion, to change, modify, add, or remove portions of these terms and conditions of use at any time. Please check these terms and use periodically for changes. All changes will become effective after 24 hours of posting and our continued use of the Sites following the posting of changes to these terms of use will mean you accept those. There may be other extant terms and conditions governing the purchase of products such as the return and shipping policies.

 

Copyright and Ownership

 

All content on this site including but not limited to the text, music, sound, photograph, videos, graphics and images are governed protected by the Indian Copyright Act, 1957 and subsequent amendments, the Trademark Act, 1999 and the subsequent amendments, moral rights, and other laws relating to intellectual property rights.

None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the material specifically made available for ‘downloads’ and sharing on social media on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.

Modification of any of the content or use of any of the content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited.

Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Sites. Such permission and requests to republish and/or reuse any of the content and to use quotations or extracts from any books published by DK or made available on the Website, should be addressed to the PR & Marketing Department at the postal address set out below:

Dorling Kindersley Publishing Pvt Ltd
3rd Floor, Mindmill Corporate Tower,
Plot 24A, Sector 16A, 
Film City, Noida, India, 201301

or

Email: marketing.india@dk.com

 

SITE ACCESS LICENCE

 

DK grants you a limited, revocable, non-exclusive, non-transferable licence to access and make personal, noncommercial use of the Sites or their Content and not to download (other than page caching or unless otherwise allowed by DK or permitted by law) or modify all or any portion of the Sites and their Content. This licence does not include any re-sale or commercial use of the Sites or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites or their Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without DK’s express prior written consent. You shall not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DK, its content providers or its affiliates without express prior written consent. You shall not use any meta tags or any other “hidden text” utilising our name or trademarks without our express prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorised use automatically terminates the permissions and/or licences granted by us to you.

 

Corporate Identification and Trademark

 

All of our trademarks, service marks and trade names used herein (including but not limited to the corporate names and logos of DK and its publishing divisions and imprints, names and designs of the Sites, and any logos) are trademarks or registered trademarks of DK or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without DK’s express prior written consent. The use of our trademarks on any other website or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Sites so long as the link does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any DK logo or other proprietary graphic or trademark as part of the link without express written permission.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites. The Sites, the Content and all related rights shall remain the exclusive property of DK and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.

The trademark and registered logos are protected under the trademark laws applicable in India including the Trademark Act, 1999 and the subsequent amendments to it, if any.

 

Links to Third Party Websites

 

The site may include links to third party internet websites which are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by DK of the sites linked or referred to, nor does DK have any control over the content of any such sites.

You shall not use DK’s name or any language, pictures or symbols which could, in DK’s judgement, imply DK’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

 

Fees

 

For all charges for any products and services sold on the Sites, DK or its vendors or agents will bill your credit card or an alternative payment method. When you provide credit card information to us or our vendors, you represent to us that you are the authorised user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse DK and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.

 

Privacy Policy

 

Data collection and use, including data collection and use of personal information is governed by DK’s Privacy Policy which is incorporated into and is a part of this Agreement.

 

User Submissions

 

Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g. user generated content, postings to forums, comments on content, participation in communities) to DK that they have created for consideration in connection with the Sites and any related programs (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting your content on the Sites, you expressly grant DK a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and DK shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

By submitting any User Submissions, you consent to the following rules:

  • User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party.
  • It must be an original work, and if it is not, the user must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms.
  • User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
  • Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • The user shall not attempt to gain unauthorised access to other computer systems through the Website.
  • The user shall not be a party in activities that may involve spidering, “screen scraping,” “database scraping,” logging-in or registering on the Site, harvesting of e-mail addresses, contact or personal information of Users or wireless addresses, or any other automatic means of registering, accessing or logging-in to the Websites or for any services or features provided on or through the Sites, or obtaining or accessing other information or features provided on, from or through the Websites or the services offered on or through the Site, including and without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website.
  • The User shall not use the Website or the services provided on or through the Website in any way with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests.
  • Remember that forums and other areas of the Sites are public. It is advised not to post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable information or contact information) in these areas.
  • Use the Websites or the services provided by the Websites in any way that may stand in conflict to laws in effect within the territory of India

All User Submissions must comply with these rules and any additional guidelines posted on the Sites, as applicable. User Submissions do not represent the views of DK or any individual associated with DK, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, DK’s endorsement of User Submissions. DK does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Sites. Through your use of the Sites, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues and foreign nationals. By using the Sites, you assume all associated risks.

 

REPRESENTATIONS AND WARRANTIES

 

You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the Sites. In connection with User Submissions and your use of the Sites, you affirm, represent and warrant the following:

  • you are over the legal age to contract (or your parent or guardian has consented to your User Submission and your use of the Sites) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein;
  • you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licences thereto, to grant the licences herein;
  • if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Sites and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use;
  • you have read, understood, agree with, and will abide by the terms of this Agreement;
  • the User Submission and DK’s use thereof as contemplated by these terms and the Sites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity;
  • the User Submissions do and will not contain:
  • material falsehoods or misrepresentations that could harm DK or any third party;
  • content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law;
  • advertisements or solicitations of business; or
  • impersonation of third parties, other than those which are readily apparent and not otherwise in violation of these Terms of Use.

 

Removal of User Submissions

 

We will not monitor, edit, or disclose the contents of a user’s email unless required in the course of normal maintenance of the Sites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on DK or the Sites; (2) protect and defend the rights or property of DK, the Sites, or the users of DK; or (3) act in an emergency to protect the personal safety of our guests, the Sites, or the public. Users shall remain solely responsible for the content of their messages and DK shall have no obligation to pre-screen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Sites.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

Account Registration and Security

 

If you decide to register as a member of a Site, you may receive or establish one or more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DK has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DK has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.

 

Termination

 

DK may suspend or terminate any user’s access to all or any part of the Sites including any account thereon, without notice, for any reason in DK’s sole discretion, including without limitation DK’s belief that such access would violate any applicable law or would be harmful to the interests of DK or another user. Upon termination, you will lose access to all the Sites and all Content thereon. The obligations that you have to DK under these Terms of Use will continue even after we suspend or terminate your access to the Sites.

 

Disclaimer and Limitation of Liability

 

Your use of and browsing of the Sites are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DK MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES FOR ANY PURPOSE. DK DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL DK OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DK SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM DK’S SITES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO DK’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.

IN NO EVENT SHALL DK OR ANY AFFILIATED DK ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF DK OR A DK AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DK’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.

 

Indemnification

 

You agree to defend, indemnify and hold DK, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Sites or the Internet or the placement or transmission of any message or information on the Sites by you.

If you registered as a member of a Site, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.

 

FORCE MAJEURE

 

Neither DK nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

 

Governing Law

 

The Sites are created and controlled by Dorling Kindersley Publishing Private Ltd. These disclaimers, terms, and conditions of use are governed by all the laws applicable within the territory of India. By using any of the Sites, you hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the Sites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. DK’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Disputes may be referred to Arbitration at the choice of DK only, which shall then be governed as per the Arbitration and Conciliation Act, 1996.

 

Agreement

 

This Agreement is the entire agreement between the user and DK and supersedes any prior understandings or agreements (written or oral).

 

User Information

 

DK collects information on what pages are accessed or visited by consumers, as well as information volunteered by the consumer, such as survey information and/or site registrations. DK uses this information for internal review, in order to improve the content of the Site and to notify consumers about updates to the Site.

DK guarantees that if you supply your postal address online you will only be sent the information for which you provided your address but if you do not wish to receive emails from DK in the future, or if you wish to be removed from mailing lists, please let us know by sending an email at marketing.india@dk.com

or writing to

Dorling Kindersley Publishing Pvt Ltd
3rd Floor, Mindmill Corporate Tower,
Plot 24A, Sector 16A, 
Film City, Noida 201301

Copyright 2017 Dorling Kindersley Publishing Private Ltd
Registered Office: 208 Ansals Laxmi Deep,
Laxmi Nagar District Centre
Laxmi Nagar, Delhi 110092

© 2017 Dorling Kindersley Limited. Registered Number 01177822, England. Registered Office: 80 Strand, London, WC2R 0RL. 'Dorling Kindersley', 'DK', 'Eyewitness' and the open book logo DK are trade marks of Dorling Kindersley Limited.
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