For the purposes of these Terms, the terms “we”, “us”, or “our” are references to Company, and the terms “you” or “your” are references to the person accessing the Website or Services.
1. Use of the Website and Services
a. Information and Services: We endeavor to ensure the accuracy of all information on the Website. However, by accessing or using the Website or Services, you acknowledge that we shall not be liable for any inadvertent inaccuracy or omission in the information provided on the Website or in relation to the Services.
b. Change of Terms: We reserve the right to update or revise these Terms at any time without further notice. These updates or revisions shall be effective as soon as they are posted on the Website. If you continue to use the Website or Services following such changes, you shall be deemed to have accepted such changes. If you do not agree with the revised or updated Terms, you are required to stop accessing and using the Website and Services.
2. INTELLECTUAL PROPERTY RIGHTS:
2.1. All rights including all intellectual property rights in the Website including its code, software, script, layout, trademark, trade-dress and structuring is protected by relevant provisions of the laws relating to copyright, trade dress, patent, trademark and other laws, international conventions and these rights exclusively vest with Mensa. All content, whether audio and/or audio visual in the form of videos, images, literary works created for or on behalf of Mensa and made available on the Website and all intellectual property related thereto are owned by Mensa.
2.2. Use of Mensa’s Content for any purpose not expressly permitted by these Terms is strictly prohibited. The use of such content shall be as per the License and Restrictions stated herein below. Mensa reserves all rights not expressly granted in and to their content.
3. Your Use of the Website and Mensa’s Content
Your access to and use of the Website and the Mensa’s Content is subject to these Terms and all applicable laws and regulations. You shall not:
a) make unauthorised copies, reproduce, distribute, upload, exploit, communicate, translate, modify, adapt, edit or make derivate works, broadcast, disseminate Mensa’s Content in any manner. You further agree not to make use of Mensa’s Content in a manner that would infringe the copyright therein;
b) interfere with or attempt to interfere with the proper working of the Website, disrupt the website or any networks connected thereto or bypass any measures we may use to prevent or restrict access to the Website;
c) incorporate the Website or any portion thereof including Mensa’s Content into any other program or product and/or in any other media or format;
d) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Mensa.
e) commercialize or monetize Mensa’s Content in any manner whatsoever.
f) use the Website in a manner or for a purpose that is unlawful;
g) misuse the Website in any manner, including by introducing any harmful elements such as viruses or trojans or by attacking the Website in any manner including through denial-of-service or distributed denial-of-service attacks;
h) use the Website in any manner so as to overburden or harm the servers, computers, networks or databases which are relevant to the provision of the Website and do not attempt to gain unauthorised access to the Website;
i) carry out an activity that is unlawful or carry out any activity in a manner that is unlawful;
j) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
k) harm minors in any way;
l) impersonate any person or entity, including, but not limited to, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
n) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
o) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
p) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
q) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
r) interfere with or disrupt the Website or Services or servers or networks connected to the Website and Services or misuse the Website or Services in any manner whatsoever;
s) copy, modify, distribute, lease, sell, or attempt to reverse engineer or extract any part of the Website’s software or source code without our express permission or authorisation under applicable law;
t) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; and/or
u) collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
4. THIRD PARTY SITES AND INFORMATION
4.1. Wherever the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
4.2. You agree that Mensa is not responsible or liable for any loss or damage caused as a result of your use of any third party service linked on the Website.
4.3. While Mensa endeavours to provide accurate and updated information /data/ materials on the Website, you acknowledge and agree that Mensa shall not be liable for any omission, error or inaccuracy in the information and materials provided through the Website or for any failure by Mensa to update the information and materials provided through the Website. Any request for any further information or materials about Mensa or its products and/or services may be made through the request form available at the Website or by contacting Mensa at [email protected]
We may, in our sole discretion, terminate this Agreement, restrict, suspend or terminate your use of the Website immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us.
You expressly agree that use of and access to the Website is at your sole risk. Website is provided on an “as is” and an “as available” basis. We do not make, and hereby disclaim, any representations or warranties regarding the Website or any content offered through the Website or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of any kind relating to title, non-infringement of third party rights etc. We make no representation or warranty that any material, Mensa’s Content, software or services displayed on or offered through the Website are accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that the Website will meet your requirements and/or your access to and use of Website will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure. We do not control Content originating from third parties, and as such do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website or Services by you or by any third party.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we, our affiliates, licensors, investors, promoters, agents, officers, or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, and/or for loss of profits/ revenues/ data/ business, or for any other form of damages in any manner arising out of or in connection with this agreement or for your use of the Website including any
a) errors, mistakes, or inaccuracies on the Website or in Mensa’s Content;
b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Website;
c) interruption or cessation of transmission to or from the Website;
d) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party.
You hereby disclaim, waive and forego any and all liability, both civil and criminal, whether contractual or statutory, arising in the past, existing at present or potentially arising in future, out of or in relation to, any use of any Mensa’s Content published by us pursuant to and in the manner agreed hereinabove.
You agree to defend and indemnify Mensa and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise form or relate to your use or misuse of the Website or Mensa’s Content, your breach of these Terms or your conduct/actions.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
10. CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Bengaluru, India with respect to all disputes arising out of or relating to your use of the Website. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
11. FORCE MAJEURE
You agree that the Company shall not be held liable for any unavailability, delay or deficiency of the Website or Services or delivery of products purchased through the Website that results, whether directly or indirectly, from events that could not reasonably have been anticipated or controlled by the Company. Such events include but are not limited to, acts of God, floods, earthquakes, storms, fires, explosions, lightning strikes, power failures, diseases, epidemics, pandemics, failure of telecommunication or internet services, acts of Government, and orders of any court or authority of competent jurisdiction.