TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE AND MEMBERSHIP

THIS AGREEMENT GOVERNS YOUR USE AND MEMBERSHIP OF THE ‘themedideas.com’ WEBSITE

1. Background

(a) This document contains many important provisions that affect your rights and obligations. By selecting the correct box at the end of this Agreement and selecting “I Agree” or otherwise signifying your acceptance, you accept this Agreement for yourself.

(b) In this Agreement: i> “you” or the “Client” means you ii> “themedideas.com” or “we” means “themedideas.com”, operator of the Site; and iii> “Content” means any text materials, photographic images, figures, graphs, illustrations, animations, Flash files, films or video footages, visual representations generated optically, electronically, digitally or by any other means or in any media or other materials that you are using from this website, together with any accompanying materials.

(c) This website is owned and operated by themedideas.com. Access and use of this website is provided by themedideas.com to you on condition that you accept these Terms and Conditions of Use and Membership, and by accessing or using this website, you agree to these Terms and Conditions of Use. If you do not agree to accept and abide by these Terms and Conditions of Use and Membership you should not access or use this website.

(d) themedideas.com may revise and update these Terms and Conditions of Use and Membership at anytime and without notice. You are cautioned to review the Terms and Conditions of Use and Membership posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

2. Use of the Site

(a) This website and its contents (the “Content”) are intended for the personal use of the members and clients of themedideas.com. You may not use this website or the “Content” for any other purpose. You are specifically prohibited from: i> downloading, copying, printing or re-transmitting any or all of the website or the “Content” without, or in violation of, a written agreement with themedideas.com ii> using any data mining, robots or similar data gathering or extraction methods; iii> manipulating or otherwise displaying the website or the “Content” by using framing or similar navigational technology; iv> registering, subscribing, unsubscribing or attempting to register, subscribe, or unsubscribe any party for any of themedideas.com products or services if you are not expressly authorized by such party to do so; and v> using the website or the “Content” other than for its intended purpose.

(b) You agree to abide by the instructions, rules and regulations appropriately as may be specified in individual sections of themedideas.com.

(c) You agree that for the services that require a payment prior to access the payment is non-refundable under any circumstances.

(d) You may not interfere with the security of or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

3. Intellectual Property

(a) All “Content” (including the organization and presentation of such material) on this website are the property of the owner of themedideas.com and are protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

(b) Unless you have entered into a separate agreement with themedideas.com, any other use of the “Content” without themedideas.com’s written permission is prohibited.

(c) The “Content” may only be used for your own, non-commercial, personal or educational purposes, provided that the “Content” is not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the “Content” in any way.

4. Privacy

(a) By using the site you consent to the collection, use and disclosure of your personal information in accordance with this policy.

(b) themedideas.com is committed to protecting your privacy. This privacy policy tells you about our online collection, use and disclosure of personal information. The terms of this policy apply to all personal information collected by themedideas.com on the website themedideas.com.

I. Collection of Your Non-Personal and Personal Information

(a) When you visit this site, certain kinds of non-personal information, such as the website that referred you to us, browser type and language, and access times, may be collected automatically as part of the site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. Demographic information (e.g., your occupation, hobbies, gender, interests etc) may also be collected and may be linked to your personal information.

(b) We only collect personal information about you after you have provided us with your consent to collect that specific information.

II. Personal information includes:

i> Information collected when you register or visit the site including your member/subscriber name and password, your name, your mailing address, email address, IP address, phone number etc.
ii> Information collected when you make a purchase including your credit/debit card number and billing address.

You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you.

III. Use of Your Personal Information

themedideas.com collects and uses your personal information to:

i> create and manage your membership account
ii> process your transactions
iii> provide customer service
iv> perform research and analysis aimed at improving its products, services and technologies
v> to display content that is customized to your interests and preferences
vi> to run contests, select entrants, and choose prize winners
vii> to run Interactive Areas etc

IV. Disclosing Your Personal Information

(a) themedideas.com may disclose your personal information to third-party service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in marketing, to conduct audits, to facilitate corporate tie-ups etc. Those third-party service providers i> shall be permitted to obtain only the personal information they need to provide the service, ii> must protect personal information to the same extent as themedideas.com, and iii> shall be prohibited from using it for any other purpose.

(b) Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of themedideas.com and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the assets of themedideas.com. We reserve the right to disclose your personal information if required or permitted to do so by the law.

V. Consent of Your Personal Information

By submitting personal information to us, you acknowledge and agree that you have consented to the collection, use and disclosure practices set out in this Privacy Policy as they relate to your personal information.

VI. Use of Cookies and Other Technologies

(a) themedideas.com uses “cookies” to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, session identification number and your navigational history and preferences.

(b) Cookies offer you many conveniences. They allow us to identify registered users when they return to the site so that they can retrieve previous search results. Cookies also save you time by eliminating the need to repeatedly enter the same information.

(c) In some cases, our third-party service providers may also use cookies, web beacons and other technologies on our sites. For example, we may allow third-party companies to collect certain anonymous information when you visit our website. These companies collect non-personally identifiable information during your visits to our website in order to customize their offerings to you, including providing you advertising about goods and services that are more likely to be of interest to you. We have no access to or control over these cookies. This privacy statement covers the collection of information and use of cookies by themedideas.com only, and does not cover the use of cookies or other technologies by third parties to collect information.

(d) You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features and services of our website that depend on cookies but you would be able to perform basic navigation through the site.

(e) In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on our website and in promotional e-mail messages or newsletters. Web beacons allow us to measure the actions of a user opening the page that contained the web beacon. We use web beacons to assist us in determining how many users have visited certain pages or opened messages or newsletters, improve user experience and manage site content. When you click on a link on a page with a web beacon, we may record your response to customize our offerings to you.

VII. Security of Your Personal Information

(a) The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information including without limitation:

i> limiting access to your personal information to those of our employees who require it to provide services to you
ii> requiring employees to sign confidentiality agreements to protect customer and other confidential information
iii> ensuring that third-party service providers sign confidentiality agreements to maintain the confidentiality of your personal information and not to use it for any unauthorized purposes
iv> personal information collected is retained as long as it is reasonably required for the purposes it was collected
v> storing your personal information in secure computer systems which protect it from unauthorized access or use

(b) No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

(c) If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

VIII. Forums & Other Interactive Services

Our website may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the site (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including sending you unsolicited messages. Interactive Area postings may be retained indefinitely.

IX. Children

We do not intend to solicit or collect personal information from anyone under the age of 18 years without parental consent. If you are under 18 years, you shall not use or enter information on this site, including without limitation, any Interactive Areas of the site without parental consent.

X. Links

We may link to websites, including third-party content providers that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to using these sites.

XI. Changes to This Privacy Policy

We reserve the right to change the terms of this privacy policy at any time. We encourage you to ckeck this policy whenever you visit our site.

5. Currency of Web site

themedideas.com updates the information on this website regularly. However, themedideas.com cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. themedideas.com shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on this website. themedideas.com may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

6. Linked Web sites

themedideas.com may provide links to third party websites. The inclusion of these links does not imply that themedideas.com monitors or endorses these websites. themedideas.com does not accept any responsibility for such websites. themedideas.com shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

7. Internet software or computer viruses

(a) Due to technical difficulties with the Internet, Internet software or transmission problems inaccurate or incomplete copies of information contained on this website could be produced. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

(b) themedideas.com shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the “Content” from this website. themedideas.com recommends that you install appropriate anti-virus or other protective software.

8. Web Site and “Content” Provided “As Is”

THIS WEB SITE AND THE “Content” ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. themedideas.com DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE “Content” WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

9. Limitation of Liability

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

(b) IN NO EVENT SHALL themedideas.com OR ANY OF ITS OWNER(S), DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

10. Indemnification

You agree to indemnify and hold themedideas.com harmless against all claims or liability asserted against themedideas.com arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms and Conditions of Use.

11. Notice and Procedure for Making Claims of Infringement

themedideas.com respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide themedideas.com with a written communication addressed to our Editor including substantially the following information:

i> an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
ii> a description of the copyrighted work or other intellectual property that you claim has been infringed
iii> a description of where the material that you claim is infringing is located on the website
iv> your address, telephone number, and email address
v> a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
vi> a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

12. Email

Feel free to email themedideas.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. themedideas.com is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:

i> themedideas.com has no obligation concerning such information
ii> the information is non-confidential
iii> themedideas.com may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation
iv> the information is truthful and disclosure of the information does not violate the legal rights of others

13. General Provisions

(a) themedideas.com’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use and Membership shall not be construed as a waiver of any provision or right.

(b) If any provision or part thereof of these Terms and Conditions of Use and Membership is wholly or partially unenforceable and in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

(c) The parties have requested that these Terms and Conditions of Use and Membership and all documents relating thereto be drawn up in English.

14. Disputes with themedideas.com

(a) Notices to You: You agree that themedideas.com may provide you Communications about your Account or any other related issues electronically. themedideas.com reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to have been received by you within 24 hours of the time we email it to you. Any notice sent to you by postal mail will be considered to have been received by you 3 Business Days after we send it.

(b) Notices to themedideas.com: Notice to themedideas.com must be sent by postal mail to: Dr S Paul, Flat 3, 15A Abinash Chandra Banerjee Lane, Kolkata – 700010, West Bengal, India.

(c) Law and Forum for Disputes. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against themedideas.com must be resolved by a court located in the jurisdiction of Kolkata (West Bengal, India). You agree to submit to the jurisdiction of the courts located within Kolkata for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of The Republic of India as such laws are applied to agreements entered into and to be performed entirely within India, without regard to conflict of law provisions.

15. Acknowledgement

BY USING THE SITE themedideas.com YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THESE AND AGREE WITH THESE TERMS AND CONDITIONS OF use AND MEMBERSHIP of the ‘themedideas.com’ website. IN CONSIDERATION OF themedideas.com AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND themedideas.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND themedideas.com RELATING TO THE SUBJECT OF THIS AGREEMENT.