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Terms
& Conditions
Please read
through these Terms carefully. By accessing the
shaptahik2000.com web site or by otherwise accessing any content found on this web site, you
are deemed to have entered into an agreement with
Shaptahik 2000 and to have agreed to be bound by the terms set
out below. The Site is owned and operated by Shaptahik
2000. These terms
were last updated on 26 May 2002.
1. Intellectual Property Protection
The contents
and design of the Site and any material e-mailed to you or otherwise
supplied to you in conjunction with the Site (such contents, design and
materials being collectively referred to as the Shaptahik
2000 content), are
copyright of Shaptahik 2000 and its licensors. You may not use or reproduce
or allow anyone to use or reproduce any trade marks (such as "Shaptahik
2000" name and logo or other trade names appearing on the Site) for
any reason without written permission from Shaptahik 2000. The software
which operates the Site is proprietary software and you may not use it
except as expressly allowed under these Terms. You may not copy, reverse
engineer, modify or otherwise deal with the software.
2. Use of Shaptahik 2000 Content
You may
retrieve and display Shaptahik 2000 Content on a computer screen or (if
expressly authorised) mobile telephone, print individual pages on paper
(but not photocopy them) and store such pages in electronic form on your
mobile telephone for your personal, non-commercial use. Except as
expressly set out above, you may not reproduce, modify or in any way
commercially exploit any of the Content. In particular, but without
limiting the general application of the restrictions contained in the
preceding sentence, you may not do any of the following without prior
written permission from Shaptahik 2000:
- reproduce or store in or transmit to any other web site, newsgroup,
mailing list, electronic bulletin board, server or other storage device
connected to a network or regularly or systematically store in
electronic or print form, all or any part of Shaptahik 2000 Content, or
- modify, publish, transmit, participate in the transfer or sale of,
reproduce, create derivative works from, distribute, perform, display,
or in any way exploit all or any part of Shaptahik 2000 Content
(including use as part of any library, archive or similar service)
without the prior written consent of Shaptahik 2000,
- remove the copyright or trade mark notice from any copies of
Shaptahik 2000 Content made under these Terms.
Any use of
Shaptahik 2000 Content not specifically permitted above is expressly
prohibited. Requests for permission for other uses may be sent to the
Webmaster by e-mail to
info@shaptahik2000.com, and may
be subject to a fee.
3. Licence Fee, Payment, and Transactions
Access to
certain Economist Content may be subject to a fee. All payments (including
applicable taxes) must be made in advance in US Dollars or other currency
specified by Shaptahik 2000. You are responsible for the payment of all
charges associated with the use of the Site using your ID.
If your use
of the Site is terminated by Shaptahik 2000, you will be entitled to
receive a refund of any credits or pre-payments which remain unused at the
time of termination unless such use is terminated because you are in
breach of these Terms. You will continue to be responsible for any fees or
other charges incurred by you prior to such termination.
You may use
the Site to purchase products or services from Shaptahik 2000's third party
partners. In that event, your contract for such products will be with the
third party partner and not with Shaptahik 2000.
4. Term and Termination
Shaptahik
2000 may, in its discretion, terminate or suspend your access to all
or part of the Site (including any right to access and use Shaptahik 2000
Content) with or without cause by delivering notice to you.
The rights
of termination are in addition to all other rights or remedies of
Shaptahik 2000 provided in these Terms or by law.
5. Changes to the Site
Shaptahik
2000 reserves the right, in its discretion, to suspend, change,
modify, add or remove portions of Shaptahik 2000 Content available on the
Site at any time and to restrict the use and accessibility of the Site.
6. Registration, Passwords and Responsibilities
Certain
areas of the Site are only open to you if you register. You are solely
responsible for the confidentiality and use of and access to Shaptahik
2000
Content and the Site using your user name, sign-on password, and/or I.D.
You agree to immediately notify Shaptahik 2000 if you become aware of any
loss or theft of any sign-on password or I.D. or any unauthorised use of a
sign-on password, I.D., user name, or of Shaptahik 2000 Content or the
Site. You will provide Shaptahik 2000 with accurate, complete registration
information (including in particular your e-mail address) and inform
Shaptahik 2000 of any changes to such information. For the purpose of
confirming your compliance with the terms of these Terms, Shaptahik 2000
reserves the right to monitor and record activity on the Site, including
access to Shaptahik 2000 Content.
7. Privacy Policy
The
information that you provide about yourself to Shaptahik 2000 will only be
used in accordance with Shaptahik 2000's
Privacy Policy
Statement.
8. Community Forums
The Site may
include bulletin boards, discussion groups and other public areas that
allow feedback to Shaptahik 2000 and interaction between users and
Shaptahik 2000 representatives ("Forums"). While Shaptahik 2000 does not control
the information/materials posted to Forums by users (the "Messages"), it
reserves the right (which it may exercise at its sole discretion without
notice) to delete, move or edit the Messages and to terminate your access
to and use of the Forums.
You are
solely responsible for the content of your Messages. You must comply with
any rules posted by Shaptahik 2000 on a Forum. You may not:
- post, link to or otherwise publish any Messages containing any form
of advertising or promotion for goods and services or any chain Messages
or "spam";
- post, link to or otherwise publish any Messages with recommendations
to buy or refrain from buying a particular security or which contain
confidential information of another party or which otherwise have the
purpose of affecting the price or value of any security:
- post, link to or otherwise publish any Messages that are unlawful,
threatening, abusive, libellous, indecent, infringe copyright or other
rights of third parties or which contain any other form of illegal
content;
- post or otherwise publish any Messages that contain a virus or other
harmful component;
- disguise the origin of any Messages;
- impersonate any person or entity (including Shaptahik 2000 employees
or Forum guests or hosts) or misrepresent any affiliation with any
person or entity;
- post or otherwise publish any Messages unrelated to the Forum or the
Forum's topics;
- post or transmit any Messages that contain software viruses, files
or code designed to interrupt, destroy or limit the functionality of the
Site or any computer software or equipment;
- collect or store other users' personal data;
- restrict or inhibit any other user from using the Forums.
By
submitting Messages to any Forum you agree to indemnify and hold harmless
Shaptahik 2000 from all claims, costs and expenses (including legal
expenses) arising out of any Messages posted or published by you that are
in breach of this section 8.
The Forums
contain Messages submitted by users over whom Shaptahik 2000 has no
control. Shaptahik 2000 cannot guarantee the accuracy, integrity or quality
of any Messages. Some users may breach these terms and post Messages that
are misleading, untrue or offensive. You must bear all risk associated
with your use of the Forum and should not rely on Messages in making (or
refraining from making) any specific investment or other decisions.
By
submitting Message to a Forum you are granting Shaptahik 2000 perpetual
royalty free non-exclusive licence to reproduce, modify, translate, make
available, distribute and sub-license the Message in whole or in part and
in any form. This may include personal information such as your user name
and alias and your expressions of opinion. Shaptahik 2000 reserves the
right to contact you by e-mail with regard to your use of the Forums. You
waive any moral rights that you may have in regard to the Messages you
submit.
It is not
possible for Shaptahik 2000 to fully and effectively monitor Messages that
are submitted for infringement of third party rights. If you believe that
a message infringes your legal rights, you should notify Shaptahik 2000
immediately by contacting
info@shaptahik2000.com.
9. No Warranty, Disclaimer of Liability and Indemnity
Whilst every
effort has been made to ensure the high quality and accuracy of the Site,
Shaptahik 2000 makes no warranty, express or implied concerning Shaptahik
2000 Content, the Site, software or products or services available
through the Site (the "Site Services"), which are provided "as is".
Shaptahik 2000 expressly disclaims all warranties, including but not limited to
warranties of fitness for a particular purpose and warranties of
merchantability. In no event will Shaptahik 2000, its affiliates or other
suppliers be liable for direct, special, incidental, or consequential
damages (including, without limitation, damages for loss of business
profits, business interruption, loss of business information or other
pecuniary loss) arising directly or indirectly from the use of (or failure
to use) or reliance on the Site Services, even if Shaptahik 2000 has been
advised of the possibility that such damages may arise. Shaptahik 2000 does
not guarantee the accuracy, content, or timeliness of the Site Services or
that they or related systems are free from viruses
or other contaminating or destructive properties.
In no event
will any liability of Shaptahik 2000, its affiliates, agents and licensors
to you (and/or any third party) arising out of any kind of legal claim
(whether in contract, tort, or otherwise) in any way connected with the
Site Services or breach of these Terms by Shaptahik 2000 exceed the amount,
if any, paid by you to Shaptahik 2000 in respect of the particular Site
Service to which the claim relates.
Upon
Shaptahik 2000's request, you agree to defend, indemnify and hold harmless
Shaptahik 2000 from any claims and expenses, including reasonable legal fees,
related to any breach of these Terms by you or your use of any Site
Services.
10. Force Majeure
Shaptahik
2000, its affiliates and its information providers will not be liable
or deemed to be in default for any delay or failure in performance or
interruption of the delivery of Shaptahik 2000 Content resulting directly
or indirectly from any cause or circumstance beyond its or their
reasonable control, including but not limited to failure of electronic or
mechanical equipment or communication lines, telephone or other
interconnect problems, computer viruses, unauthorised access, theft,
operator errors, severe weather, earthquakes or natural disasters, strikes
or other labour problems, wars, or governmental restrictions.
11. Miscellaneous
Changes
to these Terms. Shaptahik 2000 may, in its discretion, change these
Terms (including those relating to your use of Site and/or Shaptahik 2000
Content). When Terms are changed, Shaptahik 2000 will notify you by email
or by publishing details of those changes by including them in these
Terms. If you use the Site after Shaptahik 2000 has published or notified
you of the changes, you are agreeing now to be bound by those changes. If
you do not agree to be bound by those changes, you should not use the Site
any further after they are published. Access to certain Shaptahik 2000
Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts
of the Site may contain advertising or other third party content.
Advertisers and other content providers are responsible for ensuring that
material submitted for inclusion on the Site complies with international
and national law. Shaptahik 2000 is not responsible for any third party
content or error, omission or inaccuracy in any advertising material. The
Site may contain links to other web sites. Shaptahik 2000 is not
responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you
and your rights and obligations under these Terms may not be assigned,
sub-licensed or otherwise transferred. This agreement may be assigned to a
third party by Shaptahik 2000.
Non-Waiver. No delay or omission on the part of either
party in requiring performance by the other party of its obligations will
operate as a waiver of any right.
Notices. Notices to Shaptahik 2000 must be given in writing
by letter and sent to Shaptahik 2000's last known place of business in
Dhaka (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations. If any
provision of these Terms is invalid or unenforceable, such will not render
all the Terms unenforceable or invalid but rather the Terms will be read
and construed as if the invalid or unenforceable provision(s) are not
contained therein. Any cause of action of yours with respect to these
Terms must be filed in a court of competent jurisdiction in
Dhaka,
Bangladesh, within one year after the cause of action has arisen, or such
cause will be barred, invalid, and void.
Whole
Agreement. Save as expressly referred to herein, any representation,
warranty, term or condition not expressly set out in these Terms shall not
apply.
Headings. Headings in these Terms are for convenience only
and have no legal meaning or effect.
12. Governing Law and Jurisdiction
These Terms
shall be governed by, and construed in accordance with,
the law of Bangladesh. The
parties irrevocably agree that the courts of Bangladesh
shall (subject to the
paragraph below) have exclusive jurisdiction to settle any dispute which
may arise out of, under, or in connection with these Terms or the legal
relationship established by them, and for those purposes irrevocably
submit all disputes to the jurisdiction of the Bangladesh courts.
For the
exclusive benefit of Shaptahik 2000, Shaptahik 2000 shall retain the right
to bring proceedings as to the substance of the matter in the courts of
the country of your residence or, where these Terms are entered into in
the course of your trade or profession, the country of your principal
place of business.
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