Terms of Service
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
1. the Indian Contract Act, 1872,
2. the (Indian) Information Technology Act, 2000, and
3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
1. Acceptance of the Terms of Service
Welcome to LAWSCHOLE !
We are excited to have you as user and member of the community. The following terms and conditions (collectively, these "Terms of Service") apply to your use of WWW.LAWSCHOLE.COM, including any content, functionality and services offered on or via LAWSCHOLE.COM (the "Website").
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using LAWSCHOLE, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at LAWSCHOLE@GMAIL.COM. LAWSCHOLE is all about business services and law students, and we'll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
LAWSCHOLE is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy
a. We are working hard on improving LAWSCHOLE, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 8 below).
b. To access certain features of the Website you may have to enter your name, email and phone number as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using LAWSCHOLE in person.
4. Intellectual Property Rights and Use Guidelines.
a. The Website and its original content, features and functionality (including look!), are owned by LAWSCHOLE and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. So you agree to not copy, modify, create derivative works of publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: LAWSCHOLE@GMAIL.COM.
b. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
c. By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content.
d. We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
e. You are permitted to use the Website for your personal, non-commercial use, or legitimate business and information purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to blocking the user.
f. We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.
g. The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
Timelines mentioned for work completion are estimations and should not be construed as an agreed promise from LAWSCHOLE. Work completion is dependent on multiple externalities such as government department and third party vendors (e.g, CAs, CS, payment gateway). LAWSCHOLE will have limited warranties in such cases. LAWSCHOLE won’t be at risk for any immediate, backhanded, coincidental, considerable or model misfortune or harms which may be brought about by you as a consequence of utilizing our Resources, or as an aftereffect of any progressions, information misfortune or defilement, cancellation, loss of access, or downtime to the full degree that appropriate restriction of obligation laws apply.
6. User Contributions and Content Standards. Special Disclaimer for legal content.
LAWSCHOLE contains a blog section specifically designed for law students, and also may contain message boards, personal web pages, forums or other interactive features that upload, post, submit, publish, display or transmit to other Users on or through the Website. All User Content must sent to firstname.lastname@example.org and must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
· Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
· Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
· Not be likely to deceive any person.
· Not promote any illegal activity, or advocate, promote or assist any unlawful act.
· Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
· Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter advertising.
· Not give the impression that they emanate from us or any other person or entity, if this is not the case.
· Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!
7. Law and Copyright Infringement
a. We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the LAWSCHOLE from any claims resulting from any action taken by the LAWSCHOLE during or as a result of its investigations and from any actions taken as a consequence of investigations by either the LAWSCHOLE or law enforcement authorities.
b. If you believe that any User Content violate your copyright, please follow the procedure and provide us a written takedown notice including the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of LAWSCHOLE is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
9. Geographic Restrictions
For now, we provide this Website for use only by persons located in the India. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the India. If you access the Website from outside the India, you do so on your own initiative and are responsible for compliance with local laws.
10. Governing Law and Jurisdiction
a. These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Patna, Bihar without giving effect to any choice or conflict of law provision or rule.
b. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of Patna.
11. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LAWSCHOLE and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by LAWSCHOLE. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Patna. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
We welcome any comment, question and communication at email@example.com