LAST UPDATED ON: NOVEMBER 15, 2012
Application and Acceptance of Terms and Conditions:
2) For the purposes of this Agreement, "the User" is any person who accesses the Site for any purpose, regardless of whether said person has registered on the Site as a registered User or whether said person is a paying customer for a specific service provided by Rainmaker or its affiliates, through www.myLaw.net. The User includes the person using this Site and any legal entity, which may be represented by such person under actual or apparent authority. If the User is a business entity, they represent that:
In this Agreement, you are referred to as "the User" or as "you", as the context may require.
3) By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as the User. You shall be bound by the terms and conditions of this Agreement with respect to your access to or use of this Site, and any further upgrade, modification, addition, or change to this Site. If you do not accept all of the terms and conditions of this Agreement, then you should not access or use this Site.
4) The Agreement is applicable to the Site as a whole. However, certain sections of the Site may set out additional terms and conditions applicable for the User, which will be notified separately in such sections. Under no circumstances, shall the provisions of such terms and conditions prevail over this Agreement.
5) Rainmaker may amend this Agreement at any time by posting the amended and restated Agreement on the Site. Such amended and restated Agreement shall bind you and Rainmaker immediately upon posting. The last revision date of the Agreement shall be mentioned at the beginning of the Agreement. Posting by Rainmaker of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not be modified except in writing by an authorised officer of Rainmaker.
6) Access to some parts of the Site and some of its features are provided to all the Users free of charge. Rainmaker reserves the right to restrict access to any areas or features of the Site, without prior notice to any User.
7) You may use this Site solely for non-commercial purposes. You agree that you shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (hereinafter referred to as "myLaw.net Content") for the purpose of re-selling or re-distributing, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with the Site, or otherwise commercially exploiting the myLaw.net Content. Systematic retrieval of myLaw.net Content from this Site to create or compile, directly or indirectly, a collection, database or directory or any such compilation (whether through bots, spiders, automatic devices, or manual processes) without prior written permission from myLaw.net is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
8) Some of the myLaw.net Content displayed on this Site is provided or posted by third parties or other Users of the Site ("Third Party Content"). myLaw.net is not the author of Third-Party Content, whether contributed by Users or paid content providers, unless otherwise expressly provided. Any Third Party Content that is not owned by Rainmaker is the sole responsibility of the party who provides the content. myLaw.net is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any Third Party Content, and shall not be liable to any Users in connection with such User's reliance on such Third Party Content.
9) myLaw.net is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
10) myLaw.net may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and privacy policies, before using such sites. You acknowledge that myLaw.net has no control over such third party's web site, does not monitor such sites, and shall not be held responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
11) Messages or information sent by you through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall follow the requirements of Para 26 to 29 below.
12) You shall not undertake any scheme to undermine the integrity of the computer systems or networks used by the Site or Rainmaker, or those of any other you, and you shall not attempt to gain unauthorised access to such computer systems or networks.
14) As a condition of your access to and use of the Site, you agree that you will not use the Site to infringe the intellectual property rights or other legitimate rights of others in any way. Rainmaker will, under appropriate circumstances, terminate the accounts of Users who are infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, Rainmaker reserves the right to terminate the account of any User upon any single infringement of the rights of other users in conjunction with use of the Site, or if Rainmaker believes that the User's conduct is harmful to the interests of the Site or its affiliates, or other Users, or for any other reason in Rainmaker's sole discretion, with or without cause.
15) Rainmaker and the Users are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
16) If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
17) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
18) Rainmaker's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right, nor will it constitute a waiver of Rainmaker's right to act with respect with subsequent or similar breaches.
19) Rainmaker shall have the right to assign this Agreement to any person or entity (including any affiliates of Rainmaker). The User may not assign, in whole or part, this Agreement to any person or entity.
20) This Agreement shall be governed by the laws of India with regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Mumbai in India.
21) "Pages" are specialised sections within the Site that may be used by the User, upon being granted exclusive access and permission by myLaw.net, for any reason that myLaw.net deems appropriate at the time of granting access.
22) Certain sections of the Site allow you to post information in the form of topics comments and other such similar options. You by availing such facility on the Site expressly agree to comply with the provisions of Para 26 to 29 in relation to all such posting on the Site.
23) Only the User given express permission to administer a Page may administer such Page on the Site. Rainmaker reserves the right to block access to the Site if it suspects misuse of the administrator rights for a page.
24) If the User displays any content on their Page that is an advertisement, or could be construed as an advertisement, that content must comply with the advertisement requirements of the Advertising Guidelines in the Agreement.
25) No sales agency relationship is created between any User and myLaw.net, its affiliates, directors, officers or Employers by virtue of myLaw.net's display of any of the User's information on the Site.
26) You hereby represent, warrant and agree to
27) You hereby represent, warrant and agree that information submitted for display on the Site shall not:
28) Rainmaker reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Rainmaker to liability, violates this Agreement or is otherwise found inappropriate in Rainmaker's opinion. Rainmaker reserves the right to cooperate fully with governmental authorities, private investigators and injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Rainmaker may disclose your identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Rainmaker shall not be liable for damages or results thereof and you agree not to bring any action or claim against Rainmaker for such disclosure. In connection with any of the foregoing, Rainmaker may suspend or terminate your account as Rainmaker deems appropriate in its sole discretion. You agree that Rainmaker shall have no liability to you, including no liability for consequential or any other damages, in the event Rainmaker takes any of the actions mentioned in this clause, and that you agree to bear the risk that Rainmaker may take such actions.
29) Rainmaker WILL TRY TO KEEP the Site 'live', BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING the Site "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT the Site WILL BE SAFE OR SECURE. Rainmaker IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR the Site, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
30) Any material downloaded or otherwise obtained through the Site, is done at your sole discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Rainmaker or through or from the Site shall create any warranty not expressly stated herein.
31) Under no circumstances shall Rainmaker be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
32) You hereby agree to indemnify and hold harmless, Rainmaker, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Site (including but not limited to the display of your information on the Site) or from its breach, of any of the terms and conditions of this Agreement, of any representations and warranties made by you to Rainmaker, of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.
33) Rainmaker shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
34) Notwithstanding any of the foregoing provisions, the aggregate liability of Rainmaker, its employees, agents, affiliates, representatives, or anyone acting on its behalf with respect to each User for all claims arising from the use of the Site shall be limited to the greater of:
Intellectual Property Rights
35) Rainmaker is the sole owner or lawful licensee of all the rights to the Site and the myLaw.net Content. The Site and myLaw.net Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and myLaw.net Content shall remain with Rainmaker, its affiliates or licensors of the myLaw.net Content, as the case may be. All rights not otherwise claimed under this Agreement or by Rainmaker are hereby reserved.
36) "myLaw", "myLaw.net" and the related icons and logos are registered trademarks or trademarks or service marks of Rainmaker, in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
37) All notices or demands to or upon Rainmaker shall be effective if in writing and shall be duly made when sent to Rainmaker in the following manner to: Rainmaker Learning Resource Private Limited, C-1/52, 2nd Floor, Safdarjung Development Area, New Delhi 110 016, India.
38) Notices or demands to or upon the User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Rainmaker, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge or accessible to the User. Notice to the User shall be deemed to be received by the User if and when:
39) For content that is covered by intellectual property rights, you specifically grant Rainmaker a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Site ("IP License").
40) On registration, you provide Rainmaker with information such as name, gender, location and other fields mentioned in your registration profile. You grant Rainmaker permission to utilise such information for the internal improvement of Site mechanics and any such manner that Rainmaker feels is appropriate to enhance your experience on the Site.
41) Terms and conditions applicable to advertisement upon the Site can be amended by Rainmaker at any time without notice to any current advertisers.
42) Rainmaker may utilise registration information provided by you to deliver contextual advertisements to you.
43) All advertisements placed on the Site will have to comply with the terms and conditions of this Agreement. All advertisers expressly agree to this Agreement and its terms and conditions. Placement of an advertisement on the Site is assumed to acceptance of this Agreement.
44) Rainmaker will determine the size, placement, and positioning of the ads on the Site.
45) Rainmaker cannot control how people interact with advertisements, and is not responsible for click fraud or other improper actions that affect the cost of running advertisements.
46) Advertisers can cancel their order at any time, but it may take up to 24 hours before the ad stops running. The Advertisers are responsible for paying for those ads.
47) Rainmaker's license to run the ad will end when we have completed the order. However, if you have interacted with the advertisement, the advertisement may remain until you delete it.
48) Rainmaker can use advertisements and related content and information for marketing or promotional purposes.
49) The Advertisers will not issue any press release or make public statements about their relationship with Rainmaker, or the Site, without written permission.
50) Rainmaker may reject or remove any advertisement for any reason.
51) If any provision or part of this Agreement is held to be inapplicable or invalid, amendments to this Agreement may be made by the addition or deletion of wording as appropriate to remove the inapplicable part or provision but otherwise retain the provision and the other provisions of this Agreement to the maximum extent permissible under applicable law.