THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH TECHNOLOGY ADVICE OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Binding Effect
This is a binding agreement. By using the Internet site located at www.martechlive.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Straits Research Pvt. Ltd. (the “Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT
Acceptance
Before using the website you should read and agree to these terms and conditions of use. By using the website you are agreeing to be legally bound by these terms. If you do not agree, you should not use the website.
Ownership
This website is owned and operated by Straits Research Pvt. Ltd. and its affiliated companies and subsidiaries (from this point: jointly and individually referred to as “martechlive.com”.
Place of Operations
Martechlive.com controls and maintains this website from Pune, India and makes no representation that the information provided on or via this website is appropriate or available for use in other locations. Websites of Martechlive.com that are targeted at specific jurisdictions comply with the requirements of those jurisdictions. No warranty is given in respect of use in other jurisdictions.
Variations
Martechlive.com may change these terms and conditions of use at any time without notice. Changes will be posted under “Legal Notice”. Your use of the website after any changes have been posted will constitute your agreement to the modified terms and conditions of use and all of the changes. Accordingly, you should read these terms and conditions of use from time to time to ensure you are aware of the latest changes.
About the Agreement
Subject to these Terms of Use (this “Agreement”), Martechlive.com and/or its subsidiaries, as applicable, (collectively and individually, “we”, “our” or “us”) make available certain on-line information and services on various websites (“Our Service”) to registered and/or authorized users (“you” or “your”). Our Service presents information, data, content, news, reports, programs, video, audio and other materials and services, communications, transmissions and other items, tangible or intangible, which are referred to as “Material.” Your use of Our Service constitutes your acknowledgment of and assent to be bound by this Agreement.
Unless there is another written agreement between you and us that covers your use of part or all of Our Service, this is the entire agreement between you and us. If there is another written agreement between you and us that covers your use of part of Our Service, this Agreement covers all other use of Our Service by you. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise or another written agreement covers your use of those new products or services.
In addition, particular sites or features of Our Service may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those sites or features. Such Special Terms are incorporated into this Agreement with respect to such sites or features. If there is a conflict between the terms of this Agreement and the Special Terms, the Special Terms will govern with respect to such sites or features.
In certain cases, additional “passthrough” terms and conditions may apply to the use of third-party content, software or other services (collectively, “Third-Party Content”). Any such additional terms and conditions shall be delivered with applicable Third-Party Content. If upon reading such terms and conditions, you find you are ineligible or unable to comply with them through circumstances outside your control, then you are hereby required to contact Martechlive.com within twenty-four (24) hours of purchase (in the case of Instant Online Delivery content) or receipt (in the case of other content) to explain your ineligibility. An appropriate solution will worked out at that time. If a call is not received in the allotted time, you are deemed to have approved and to be in compliance with the additional terms and conditions.
Electronic Communications.
When You send e-mails to Martechlive.com or visit the Website, You are communicating with Martechlive.com electronically. By communicating with Martechlive.com via e-mail or by submitting any request on the Website, You agree that Martechlive.com may send e-mail to You and You consent to receive e-mail or other electronic communications from Martechlive.com. Generally, Martechlive.com will communicate with You by e-mail or by posting notices on this Website. Nevertheless, if You request a demo, a price quote, or request more information about a particular vendor; or provide Martechlive.com Your contact information, You: (i) consent and agree to Martechlive.com contacting You by phone at the phone number(s) You provided to Martechlive.com; and (ii) consent to Martechlive.com recording or monitoring Your phone call for quality assurance or training purposes. There will be no other or further warning concerning Martechlive.com’s recordation of calls between You and the Martechlive.com staff. You agree that all agreements, notices, disclosures, and other communications that Martechlive.com provides to You electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient’s last known address. Furthermore, You agree and acknowledge that in the event that You request a demo, a price quote, or request more information about a particular vendor, You may not receive an immediate response and that it may take up to a full day to receive a response to Your request. However, Martechlive.com makes no guarantees regarding the actual response time to a request and cannot guarantee that You will receive a response to Your request.
Accuracy
Martechlive.com will use reasonable efforts to provide accurate and up to date information on this website. This information is for general guidance on matters of interest only. The application and impact of this information can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this website. All information on this website is provided “as is”.
It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page set up by an entity of Martechlive.com is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. You should consult your own advisors with respect to your personal situation.
User Provided Content.
Users may upload or provide Content to the Website (“User Provided Content”). Martechlive.com does not claim ownership in any User Provided Content, but by providing such User Provided Content, You hereby grant to Martechlive.com an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such User Provided Content in any and all media (now known or later developed) throughout the world. Martechlive.com may modify or adapt User Provided Content including without limitation in order to transmit, display or distribute it over computer networks and in various media and/or make changes to User Provided Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You further agree that no compensation will be paid with respect to You for the User Provided Content that You post through the Services. You should only post Content to the Services that You are comfortable sharing with others under the terms of this Agreement.
Third Party Content. The Website and Services contains Content provided by Users and third parties, and Martechlive.com does not control such Content. Therefore, You agree that: (a) Martechlive.com is not responsible for any such Content, including advertising and information about third party products or service, employer, interview and salary-related information provided by Users through product reviews, vendor reviews, and other forums; and (b) Martechlive.com makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and Martechlive.com assumes no responsibility whatsoever for unintended, objectionable, inaccurate, misleading, or unlawful Content made available on the Website.
Availability
Whilst Martechlive.com takes reasonable steps to ensure its websites are accessible; we make no guarantee of availability will not be held liable for any losses due to their unavailability.
Permitted Use, Limitations on Use
You may access and download the Material only as required to view the Material on your web browser for your individual use, keeping all copyright and other notices on the Material. You may print a single copy of Material for your use. You may not republish or distribute any Material or do anything else with the Material, which is not specifically permitted in this Agreement. You agree to comply with all notices and requirements accompanying Third-Party.
Interactions
Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the other User or advertiser. You agree that Martechlive.com are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of information about You that You have provided to publicly available sections of the Services. If there is a dispute between You and any third party (including any User), Martechlive.com is under no obligation to become involved; however, Martechlive.com reserves the right, but have no obligation, to monitor disputes between You and other Users.
Use of User Information
You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect Users from such advertising or solicitation, Martechlive.com reserves the right to restrict the number of communications which a User may send to other Users and the sharing of any Content in any period to a number and amount which Martechlive.com deems appropriate in its sole discretion.
Responsibilities Regarding User Provided Content.
You are responsible for the information, opinions, evaluations, reviews, ratings, messages, comments, photos, videos, graphics, sounds and other content or material that You submit, upload, post or otherwise make available as part of User Provided Content. By submitting User Provided Content, You represent and warrant that (1) You are the sole author of the User Provided Content and owner of the intellectual property rights thereto; (2) if You provided a review, evaluation or opinion of a product or service, You are not an employee, contractor, agent, channel partner or director of the vendor of such product or service or its affiliate and otherwise have no pecuniary interest in such vendor, product or service; (3) Your submission is accurate to the best of Your knowledge; and (4) You are not violating any confidentiality, non-disclosure, or contractual obligations You might have towards a third party, including without limitation Your current or former employer or any vendor with whom You have obligations of confidentiality. You may not upload, post or otherwise make available on this Website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Provided Content that You provide. You have full responsibility for User Provided Content that You submit, including its legality, reliability and appropriateness.
Prohibited Content
You agree that You will not post any Prohibited Content or use any Prohibited Content in connection with the Services. “Prohibited Content” is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by Martechlive.com, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or (xii) otherwise violates the terms of this Agreement or creates liability for Martechlive.com.
Anti-hacking Provision
You expressly agree not to: Use or attempt to use any “deep-link”, “scraper”, “robot”, “bot”, “spider”, “data-mining”, “computer code”, or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes, or functionality, to access, acquire, copy, or monitor any portion of the website, any data or content found on or accessed through the website or any other content without the prior express written consent of Martechlive.com;
Obtain or attempt to obtain through any means any materials or information on the website that have not been intentionally made publicly available, either by their public display on the website or through their accessibility by a visible link;
Violate the restrictions in any robot inclusion headers on this website or in any way bypass or circumvent any other measure employed to limit or prevent access to the website or its content;
Violate the security of the website or attempt to gain unauthorised access to the website, data, materials, information, computer systems or networks connected to any Martechlive.com server, through hacking, password mining or any other means;
Interfere or attempt to interfere with the proper working of the website or any activities conducted on or through the website, including accessing any data, content or other information prior to the time that it is intended to be available to the public;
Take or attempt any action that, in the sole discretion of Martechlive.com, imposes or may impose an unreasonable or disproportionately large load or burden on the website or Martechlive.com infrastructure.
No Advice
You understand and acknowledge that the reports provided from Martechlive.com is for informational purposes only and any offering does not constitute to an investment, legal or market research advice. You shall consult with its own advisors concerning such matters and shall be responsible for making its own independent business decisions.
Security
Martechlive.com takes reasonable steps to safeguard the security of any information you input or send to Martechlive.com in connection with this website by using secure services and encryption technology where Martechlive.com deems appropriate, such as access to secure areas of the website. However, you acknowledge that transmission of information via the internet (unless encrypted) is inherently insecure and Martechlive.com makes no warranty that the website is error, bug or virus free. You should take reasonable precautions, such as using up to date antivirus software to protect your device. Martechlive.com accepts no responsibility for any damages that you may suffer as a result of damage to or the loss of confidentiality of your information. Martechlive.com excludes all liability for contamination or damage caused by virus or electronic transmission.
Links to Third Party Sites
This website may contain hypertext or other computer links to websites operated by persons other than Martechlive.com. Such hyperlinks are provided for your reference and convenience only, the responsibility for the operation and content of those websites rests solely with the organisation controlling that site which shall be governed by separate terms of use. Martechlive.com shall have no liability to you or any other person or entity for the use of third party websites. A hyperlink from this website to another website does not imply or mean that Martechlive.com endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from this website. Martechlive.com assumes no responsibility for the use of third party software on the website and shall have no liability whatsoever to any person or entity for the security, accuracy or completeness of any outcome generated by such software.
Indemnity & injunction
You agree to indemnify and hold harmless Martechlive.com, its licensors and suppliers, all of its affiliated companies and subsidiaries and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the website or any breach by you of these terms and conditions of use.
You agree that damages may not be an adequate remedy for the breach of these terms and conditions of use or the infringement of any of our rights and accordingly agree that we are entitled to injunctions, specific performance, and/or orders to deliver up documents.
Limitation of Liability
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of Our Service. If you are dissatisfied with the Material or Our Service or with these Terms of Use, your sole and exclusive remedy is to stop using the Material and Our Service. We will not pay you any damages.
We do not warrant the accuracy, completeness, correctness or other characteristics of any Material available on or through Our Service. We will not be liable for any loss or injury resulting directly or indirectly from Our Service, whether or not caused in whole or in part by our negligence or by contingencies within or beyond our control. Neither we, nor suppliers of Third-Party Content, are responsible or liable, directly or indirectly, for any loss or damage caused by use of or reliance on or inability to use or access Our Service or the Material.
Martechlive.com will not be held responsible for any inaccuracies with the content of the report. Martechlive.com does not have any control over any content of the report by our partners and is not liable to refund the payment in part or full once report is dispatched.
YOUR ACCESS TO AND USE OF OUR SERVICE ARE AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” OUR SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, WHETHER OR NOT THAT THIRD PARTY’S WEBSITE IS LINKED FROM OUR SERVICE.
Applicable law and place of jurisdiction
The laws of the State of Maharashtra (India) govern this Agreement and your use of Our Service. You agree to comply with all laws, regulations, obligations and restrictions, which apply to you. You agree that the courts located in Pune or Mumbai in the state of Maharashtra (India) have exclusive jurisdiction for any claim, action or dispute under this Agreement.
You also agree and expressly consent to the exercise of personal jurisdiction in the State of Maharashtra (India). No failure or delay in enforcing any right shall be a waiver of that or any other right. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected.
Intellectual Property Infringement. Martechlive.com respects the intellectual property rights of others, and Martechlive.com asks Users to do the same. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on the Website, please provide Martechlive.com’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 at the Website, and information reasonably sufficient to permit Martechlive.com to locate the material.
• Information reasonably sufficient to permit Martechlive.com to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
• A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Martechlive.com agent for notice of claims of copyright or trademark infringement on this Website can be reached as follows: contact@martechlive.com
Violation of this Agreement
Any use of the Website or Services in violation of this Agreement may result in, among other consequences, termination or suspension of Your Account and rights to use the Services. Martechlive.com may disclose information about Your use of the Services in accordance with Martechlive.com’s privacy policy. Martechlive.com has the right (but not the obligation) to review any Content and delete (or modify) any Content that in Martechlive.com’s sole discretion violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for Martechlive.com or any User. Martechlive.com reserves the right (but has no obligation) to investigate and take appropriate legal action in Martechlive.com’s sole discretion against You if You violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Services or modifying it, terminating Your Account, reporting You to law enforcement authorities, and taking legal action against You. You are solely responsible for creating backup copies of and replacing any Content You post on the Services at Your sole cost and expense.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. MARTECHLIVE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARTECHLIVE.COM MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND MARTECHLIVE.COM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Assumption of Risk
YOU AGREE AND ACKNOWLEDGE THAT MARTECHLIVE.COM MAKES NO WARRANTY REGARDING THE PERFORMANCE OF ANY VENDOR, THE QUALITY OF SERVICES OFFERED BY A VENDOR, OR THE QUALITY OF GOODS SOLD BY VENDOR LOCATED THROUGH THIS WEBSITE. YOU UNDERSTAND THAT YOU ARE ASSUMING ALL RISK WHEN ENTERING INTO A TRANSACTION WITH A VENDOR, AND MARTECHLIVE.COM ASSUMES NOT LIABILITY WHATSOEVER REGARDING THE RESULTS OF SUCH TRANSACTION.
No Disruption
You will not: (i) cover or obscure any banner advertisements on the Services, or any IT Central Station page via HTML/CSS, scripting, or any other means; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or functionality of the Services.
Force Majeure
Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
Governing Law and Venue
Your use of the Website and this Agreement shall be governed by the laws of the State of Maharahstra where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction Pune, Maharashtra. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Martechlive.com. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
Attorneys’ Fees
In the event that Martechlive.com must bring legal action in order to enforce this Agreement or You bring legal action against Martechlive.com, and if Martechlive.com prevails, You shall pay Martechlive.com’s costs of litigation, including reasonable attorneys’ fees and court costs.
Copyright
Unless specifically stated in conjunction with particular Material, all Material is copyrighted by us. You have no rights in or to the Material and you may not use any Material other than as permitted under this Agreement.
Trademark
All trade names, trademarks, service marks and other product and service names and logos on Our Service or in the Material are the proprietary trademarks of their respective owners and are used from publically available sources.