TERMS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS WEB SITE. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The information contained in this website is solely for use by residents of India. If you access this website from outside India, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (these "Terms") apply to this website (this "Site"). This Site is owned, operated, licensed or controlled by BCMIndia.
1. Agreement to Terms and Conditions. By accessing, visiting and/or using this Site, you, the user, (a) acknowledge that you have read and understand these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. BCMTouring may change these Terms at any time by posting the change to this Site. Please check these Terms periodically for changes. Your access or use of this Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms.
2. Intellectual Property Infringement Claims. BCMTouring will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Copyright Law"). If you own the copyright of any works displayed on this Site, or are the agent of the copyright owner, and believe the Site violates your intellectual property rights, please provide the BCMTouring webmaster with a notice (a "Copyright Notice") that includes the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow BCMTouring to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the location on the Site of the work that you believe infringes the copyright owner's work and that you are asking BCMTouring to remove from the Site; (c) enough information to contact you such as your name, address, telephone number and email address, and if different, the name, address, telephone number and email address of the copyright owner; (d) a statement that you have a good faith belief that BCMTouring use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a Copyright Notice that contains the information described in Section 2(a) through (f), BCMTouring will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Copyright Law, which may include removing or disabling access to any infringing works. Send Copyright Notices to BCMTouring webmaster at:
BCMTouring,
126-A DDA Flats,
Vikrant Enclave Mayapuri,
New Delhi: 110064
Ph no.: +919891211270
Email: [email protected]
Please include the word "copyright" in the subject line for each Copyright Notice sent via email or regular mail. Only Copyright Notices should be sent to BCMTouring’s webmaster. Send all other questions and comments to [email protected].
3. Security Rules. You agree not to violate or attempt to violate the security of this Site, including without limitation, (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to this Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. Restriction on Use of Materials. The materials that are included in or displayed on this Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for this Site, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by BCMTouring. Without BCMTouring prior written permission, you may not (a) use the Materials on any other Website or in any advertising or publicity or for any other commercial purpose; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Your Participation in and Postings on Forums.
5.1 Forums. "Forum" means a discussion group, chat area, social networking service or any other bulletin board or email function provided by this Site in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties set forth in this section.
5.2 Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or chose a username that suggests you are, or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.
5.3 Transmissions. While you will own all messages, material, information and ideas you transmit to or post on this Site (each, a "Transmission"), including without limitation on any Forum; however, you grant (or warrant that the owner of the rights to those Transmissions has expressly granted) to BCMTouring a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now know or developed in the future, and BCMTouring may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services, and you warrant that all "moral rights" in those Transmissions have been waived. BCMTouring will treat those Transmissions as non-confidential and non-proprietary; however, BCMTouring will handle all personal data provided to BCMTouring in the manner provided in BCMTouring Privacy Policy. By sending any Transmission to this Site, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; (b) you will not (i) use this Site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to this Site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; (v) post a link to any site that contains or does any of the prohibited actions described in subsection (a) above or this subsection (b); or (c) you will not impersonate another person.
5.4 Member Profiles. Your profile will be available to all visitors of the Forum. Do not include in your profile, give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number or password creates safety risks and may result in unsolicited communications.
5.5 Monitoring. The content of each Forum is created by visitors to that Forum and those visitors are solely responsible for that content. BCMTouring does not represent or warrant the reliability, accuracy or truthfulness of that content. Although BCMTouring is not obligated to do so, it may monitor Transmissions posted on the Forums. Because BCMTouring does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at [email protected] or as described on every Member Profile page in the Forum.
5.6 Termination of Forum Membership: BCMTouring can without any prior notice, terminate your forum access (user banning) if you are found to be breaking forum rules, terms of service and/or indulging in practices counterproductive to the growth and image of BCMTouring. Any individual banned from BCMTouring, would not be allowed to reregister under a different username and anyone found to be indulging in the same, can be held liable for legal action.
6. Nature of Information Provided by BCMTouring. The information contained on this Site has been collected and/or prepared by BCMTouring as a service to its visitors. While BCMTouring has used reasonable efforts to verify that the information on this Site is useful to its visitors, BCMTouring does not warrant or guaranty its accuracy or timeliness. You agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications BCMTouring sends you concerning your participation in any Forum or any related matters.
7. General Disclaimers of Warranties. All information and other Material, whether included in a Forum, in a directory, or in any page of this Site, is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, BCMTouring disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, title and non-infringement. BCMTouring does not warrant that use of this Site will be uninterrupted or error free that defects will be corrected or that this Site, any Materials or any server(s) used by BCMTouring are free from viruses or other harmful components. BCMTouring does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of this Site, any Materials or any sites linked to or from this Site.
8. Ads, Directory and Linking Disclaimers and Warning. BCMTouring sells advertising space to niche related companies and other persons who provide goods and/or services ("Advertisers") and this Site may include links to Websites owned and operated by others ("Third Party Websites"). The directory listings, ads, and Third Party Websites are generally created and owned by Advertisers or other parties and are the responsibility of those persons and not of BCMTouring. Consequently, BCMTouring cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any ads, directory listings or Third Party Websites. Although BCMTouring may periodically attempt to verify the accuracy of ads, directory listings and Third Party Websites, BCMTouring will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the ads, the directory listings or the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in this Site and in any Third Party Websites. You bear all risk associated with the information in this Site, including all ads, directory listings, and Third Party Websites, and your use of any such information is subject in all respects to these Terms. BCMTouring reserves the right to terminate any links to other sites without notice.
9. Limitation of Liability; Release and Indemnity. Under no circumstances, including without limitation negligence, will BCMTouring be liable for any direct, indirect, special, incidental or consequential damages, including without limitation, use of or reliance on the Site, the Materials or the Transmissions, interruptions, errors, defects, mistakes, omissions, deletion of files, delays in operation or transmission, non delivery of information, disclosure of communications, loss of use, loss of data, or lost profits, arising out of the use or inability to use this Site, the Materials or the Transmissions, even if BCMTouring has been advised of the possibility of such damages. If your use of this Site, the Materials or the Transmissions results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. In addition, by accessing or using this Site, you agree that BCMTouring maximum aggregate liability to you for all claims arising from accessing or using this Site, the Materials or the Transmissions is limited to the greater of (a) the amount you paid for the course giving rise to the claim; and (b) Rs.2000. You release and waive any and all claims and/or liability against BCMTouring arising from or in connection with your use of this Site, the Materials or the Transmissions. You also agree to indemnify, defend and hold harmless BCMTouring from and against any and all claims or liability, including costs and attorney fees prior to and at any trial or arbitration proceeding, and in any post judgment proceedings, arising from your in connection with your use of the Site, the Materials or the Transmissions or failure to abide by applicable law.
10. No License. Except as expressly provided otherwise in these Terms, nothing in this Site, including these Terms, grants, by implication, estoppels or otherwise, any license or right to use any Materials or Transmissions without the prior written permission of the owner of the Materials or Transmissions.
11. Privacy. It is BCMTouring policy to respect the privacy of all visitors to this Site. For more information about BCMTouring Privacy Policy, please refer to our Privacy Policy.
12. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and this Site will be governed by the internal laws of New Delhi, India, without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or this Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. These Terms give you specific legal rights, and you may also have other rights which vary from state to state.
14. Jurisdiction. This Site is controlled and operated from BCMTouring offices in New Delhi, India. You agree that the exclusive jurisdiction for any claim, dispute or controversy relating to this Site, including these Terms will be the state and high courts located in New Delhi, India, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that New Delhi, India is an inconvenient forum.
15. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
16. Separate Agreements. If any provision of these Terms is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
17. Entire Agreement. This is the entire agreement between you and BCMTouring relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of BCMTouring.
18. Other Terms and Conditions. These Terms apply to all uses of this Site unless you and BCMTouring have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
19. Notices, Questions, Communications. If you wish to contact BCMTouring, please direct all inquiries (except for claims of copyright infringement) to [email protected] or telephone Editor at (+91) 9891211270. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.
20. Participation in Events organized by BCMTouring. BCMTouring may from time to time, organize events which include but aren't limited to Off Line Get-together, Meets, Rides, Trips etc. and by participating in these events, you understand the inherent risks associated with traveling, eating and living in India, including traveling/driving/riding/hiking to some of the most difficult and dangerous terrain in the world. By fully understanding these risks and participating in these events, you are absolving BCMTouring and people associated with organizing the event of any liability, arising out of your participation, including but not limited to, loss of life, injury, monetary loss, theft etc.. You also agree to provide BCMTouring, the right to use images of you, clicked at the event, for promotional or commercial purpose. Additionally, you also certify that any family members or friends you might bring to theses events, have read BCMTouring's Terms of Service and have willingly agreed to the terms mentioned in our Terms of Service. In case the family member/friend you are bringing to the event is a minor, you certify that their legal guardians have read BCMTouring's Terms of Service and have willingly agreed to them.
LAST UPDATED: 19/04/2011