TERMS AND CONDITIONS
This document is an electronic evidence or data information subject to the terms envisaged under Information and Technology Act 2000. This electronic record is generated through a computer software and does not require any Physical or Digital signatures. This document is in accordance with Section 3 (1) of the IT Act, Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.
Information Supplied by Users
By accessing the Site or Service and / or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions.
While individuals under the age of 18 may utilise the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent / Legal guardian’s registered account.
You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
Definition of “User” or “You”: means any person who accesses or avails Service of this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
“The Probe” reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice in respect of any product, service or any other aspect of this Site.
Subscription / Membership
• Subscription / Membership Fees: THE PROBE allows you to access premium features or content in exchange for a one-time or recurring fee, as applicable (the “Subscription/Membership Charges”).
• Change of plan is only restricted to upgradation of the plans and not downgrading. No refund will be made in case of upgradation of plans. If there is any difference in amount for upgradation (increase in price/charges/fees), the same shall be paid by the subscriber to THE PROBE.
• The subscription / Membership fee for THE PROBE service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged based on the Membership plan you choose.
• Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider. THE PROBE assumes no responsibility for the payment of any charges of your service providers.
• Lifetime Access is for the lifetime of the Service. If for any reason, Fourth Estate Newscorp Private Limited should dissolve or cease to exist, then your access to the Service may terminate, in that case your Subscription / Membership fees will not be refundable. If the Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business or in case of reorganisation or restructuring of business, the Fourth Estate Newscorp Pvt. Ltd. may or may not continue the membership Service.
We May Discontinue or Suspend our Site or Terminate Use
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice without any liability whatsoever. “The Probe” reserves the right to suspend / cancel, or discontinue any or all channels, categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.
“The Probe” shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other action that “The Probe”, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by Copyright as a collective work or compilation under the Copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. Hence, all articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all copyright notices / restrictions on our site.
“The Probe” shall moderate the comment threads.
Intellectual Property Rights / Copyright / Trademarks
The trademarks, logos & service marks (“Marks”) displayed on the Site are the property of FOURTH ESTATE NEWSCORP PVT LTD & other parties.
Unless otherwise stated, Copyright and all Intellectual Property Rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of “The Probe”, its parent, affiliates and associates (subject to the rights of our licensors and licensees etc. under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws.
All information & content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
We permit the use of materials on this website subject to due credit being given to FOURTH ESTATE NEWSCORP PVT LTD after acquiring a written permission from The Probe. The use shall also be subject to non-commercial use and limited to personal or academic dissemination (including on social media and use on all kinds of media). Copyright should be acknowledged. Such use should not infringe on the Intellectual Property Rights of any person. When using material on this website, proper attribution to authors and/or copyright holders must be given. User is granted a limited, revocable and non-exclusive right to create hyperlinks to the home page or any other page of FOURTH ESTATE NEWSCORP PVT LTD / The Probe so long as any of these links do not portray FOURTH ESTATE NEWSCORP PVT LTD, The Probe or their podcast or products or services in a false, misleading, derogatory or offensive manner. All of the above mentioned aspects can be used only after acquiring express permission from The Probe. You may not use FOURTH ESTATE NEWSCORP PVT LTD’s logos or proprietary graphics or trademarks as part of the link without express permission.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of “The Probe”; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Restricted Use of Content
You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. You may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including Copyright.
“The Probe” grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on The Probe’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of The Probe, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Sites.
However, you may print or download extracts from these pages for your personal / individual, non-commercial use only provided you keep intact all Copyright and other proprietary notices. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
The Probe forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for www.theprobe.in) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags.
You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish The Probe’s material for distribution should be addressed to firstname.lastname@example.org
Individual Registration, Access and Exchange of Information
You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: any other person sharing your account and password; any part of the Site being cached in proxy servers and accessed by individuals who have not registered with “The Probe” as users of the Site; or Access through a single account and Password being made available to multiple users on a network.
If “The Probe” reasonably believes that an Account and Password is being used / misused in any manner, “The Probe” shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify “The Probe” immediately of any unauthorised use of your account or any other breach of security. “The Probe” will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to protect your password or account information. However, you could be held liable for losses incurred by “The Probe” or another party due to someone else using your account or password.
Material Posted / transmitted at The Probe’s Site
You represent that you have valid rights and title in any and all Content / Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify “The Probe” or its affiliates for all claims arising out of any content that you post on the Site.
“The Probe” accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of “The Probe” and you agree to grant / assign to “The Probe” and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and / or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload, post or otherwise transmit.
“The Probe” endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. Members of the general public posts content on such services, and therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.
Not Responsible For and Not Necessarily Hold the Opinions of our Contributors / Bloggers / Commenters, etc.
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of “The Probe”. “The Probe” is not responsible for the accuracy and completeness of Blogger / Contributor content, neither does it endorse or guarantee the same, nor accept any obligation or liability for the same. “The Probe” and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor its site for inappropriate or unlawful content.
“The Probe” and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Notwithstanding the foregoing, “The Probe” reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
Not Responsible for Linked Sites
We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services. You acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we 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 reliance on any content, goods or services available on or through such services.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You shall not post, display, upload, modify, publish, transmit, update or share any information on the Site, that:
a. Belongs to another person and to which you do not have any right to;
b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. Harm minors in any way;
d. Infringes any Patent, Trademark, Copyright or other proprietary rights;
e. Violates any law for the time being in force;
f. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. Impersonates another person;
h. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
j. Results in Advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind.
k. Promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
l. Discloses any personally identifying information or private information about any third parties without their express consent.
In addition, you are prohibited from doing anything on the Site or in respect of the Services that:
m. Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the Sites.
n. Uses or attempt to use another person’s account, password or services.
o. Disrupts, interferes with or otherwise violates the security of the Sites or any services, accounts, passwords, servers or networks related to the Site.
p. Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber-stalking or become a nuisance for other users.
q. Damages, disables, overburdens, or impairs The Probe’s servers, or the network(s) connected to The Probe’s servers, or interferes with any other party’s use and enjoyment of any Services.
r. Attempts to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means.
s. Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Services.
User Conduct and Obligations
You hereby agree and assure “The Probe” that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Indian Laws or any other International Laws. You further concur that you will not, through Site/Service:
1. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
2. Delete from the Site any legal notices, disclaimers, or proprietary notices such as Copyright or Trademark symbols, or modify any logos that you do not own or have express permission to modify;
3. Not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any The Probe’s server, or the network(s), computer systems / resource connected to any The Probe server, or interfere with any other party’s use and enjoyment of the Site/Service;
4. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
5. Engage in any activity that causes / may harm minors; or
6. Perform any activity which is likely to cause such harm;
7. Impersonate any person or entity, including, but not limited to, The Probe’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. Take any action which encourages or consists of any threat of harm of any kind to any person or property;
9. Carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
10. Make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
11. Use the Site/Service for illegal purposes;
12. Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any THE PROBE website or the website of any The Probe’s customer;
13. Transmit through the Site, any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, libellous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
14. Collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
15. Engage in anti-social, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
16. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
17. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.
18. Encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
19. Make any representation or warranty on behalf of The Probe. You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
20. Infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
21. Right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity;
22. Violate any confidentiality obligation
Unless otherwise permitted, you will: (i) display the Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without The Probe’s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by The Probe on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Web site. You acknowledge that the service must link and redirect to the appropriate The Probe’s Web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, THE PROBE’s Web page, nor may you frame any The Probe’s Web page.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). THE PROBE will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of The Probe for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through The Probe’s Web Sites.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. The Probe accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless “The Probe” against all third party claims, demands and actions brought against “The Probe” which arises from or relates to the material submitted by you.
Part of the Site contains advertising information or promotion material or other material submitted to The Probe by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and Indian laws is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than The Probe found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. The Probe will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-THE PROBE advertisers on the Website. The Probe reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.
Online Privacy Notice
By using The Probe’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of The Probe sites. We reserve the right to modify this Privacy Statement at any time.
The Probe may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, The Probe reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to The Probe.
Further, The Probe can (and you authorize The Probe to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Sharing User Details
Special Campaign / Competitions / Cash Prize
Special Campaign/Competitions shall mean contests, sweepstakes, or giveaways to generate leads for the business.
That for gaining entry / access to special campaigns / competition, the participant has to pay entry fee/participation fee as specified in the Special Campaign/Competition notification and such fees shall be subjected to applicable taxes (both Income Tax & Goods and Services Tax) along with surcharge and cess. Entry Fee/Participation Fee is non-refundable.
Limit one entry per person. You shall not use multiple accounts/methods to enter the special campaigns / competition, and a participant who submits entries through multiple accounts/methods will be disqualified.
Terms and Conditions specific to each Competition are displayed in a notice and same shall be accessible on our web page (the “Competition Notice”) and are incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
By entering the competition, a participant is indicating his/her agreement to be bound by the terms and conditions mentioned herein and in the Competition Notice or any other additional terms and conditions as may be notified by “The Probe”.
That “The Probe” shall have the right, at its sole discretion and at any time, to change or modify terms and conditions of the competition, such change shall be effective immediately upon posting to this webpage.
Cash Prize shall mean a Cash award to be given to a person, a group of persons or organization to recognise and reward actions or achievements. The cash prize offered under the special campaigns / competitions shall be subjected to the Applicable Taxes (both Income Tax & Goods and Services Tax) along with surcharge and cess and the winning Contestant will receive the cash prize after deduction of all applicable taxes along with surcharge and cess from the cash prize.
The prize is as specified in the Competition Notice. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
The winner will be notified by Email and/or by notification on our web page. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
“The Probe” will notify the winner when and where the prize can be collected / is delivered.
In the event of any dispute regarding conduct, results and all other matters relating to a Competition, our decision will be final and no correspondence or discussion shall be entered into.
That the employees of the “The Probe” and/or their group companies, affiliate or associate companies and their relatives/ dependents (First blood/Spouse of immediate member) shall not be eligible to participate in the Special Campaign/Competition. If found otherwise, then the “The Probe” reserves the right to forfeit the prize. If an employee of the “The Probe” leaves the organization when the Special Campaign/Competition is launched or leave during Special Campaign or Competition Period / before Winner list announcement / after Winner’s list is announced, the employee will not be eligible to participate in the Special Campaign/Competition.
“The Probe” reserves the right to cancel the Competition or amend the terms and conditions of the Competition without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of The Probe’s control. Any changes to the competition will be notified to participants as soon as possible by “The Probe”.
“The Probe” (or any third party nominated by “The Probe”) may exercise its sole discretion to use the winner’s (and (if applicable) their companion’s) name, address, and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being paid.
Information and/or data (“personal data”) which is provided by participants when they enter will be held and used by “The Probe” and their suppliers and contractors in order to administer the competition. Participants’ personal data may also be passed to their mobile phone network or to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity or where requested by the phone provider in connection with the billing arrangements for the competition. Aggregate, non-personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
By entering the special campaigns / competition, each participant agrees and acknowledges that “The Probe” and “The Probe” Related Parties shall not be responsible or liable for:: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in the special campaigns / competition, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the Probe; (c) any damage, loss, injury or disappointment suffered by any participant entering The competition or as a result of accepting any prize and; (d) any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.
“The Probe” cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of “The Probe”. “The Probe” will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.
By participating in the special campaigns / competition, each participant will be legally bound hereby, to release from liability, and hold harmless “The Probe”, and any of its employees or agents representing or related to the company and its products/services. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of promotional prize, in connection with any activity or accommodations for this promotion or directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize or participation in the special campaigns / competition, even if caused or contributed to by our negligence. Once “The Probe” has fulfilled the prize distribution as per the special campaigns / competition rules and regulations, no further liability may be held against its employees or agents. You further agree to abide by all special campaigns / competition rules and regulations, as posted with the special campaigns / competition rules and made available on the company website. Further, you agree to bear all the personal taxation that might arise out of the winnings from this contest and shall not look to “The Probe”, and any of its employees or agents for payment of the same and/or any dispute arising from the same.
In the event that any participant does not, or is unable to, comply with and meet these terms and conditions and the Competition Notice, “The Probe” shall be entitled at its sole discretion to disqualify such participant, without any further liability to such participant. In these circumstances, any prize(s) won by the participant may be forfeited and “The Probe” reserves the right to reclaim any prize(s) already distributed to the participant. Any participant must comply with any directions given to him or her by “The Probe” including but not limited to any and all relevant laws, rules and applicable regulatory codes.
Changes To Terms & Conditions
We reserve the right to revise these Terms & Conditions at any time & Users are deemed to be apprised of & bound by any changes to these Terms & Conditions. The latest updated Terms & Conditions would be posted on the Site.
If you do not agree to updated Terms & Conditions, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.
We may make reasonable efforts to inform you via electronic mail. In any case, you are advised to review this Terms & Conditions periodically to ensure that you are aware of the latest version.
Disclosures, Violation And Termination
“The Probe” may terminate or restrict your use of the Sites or any part of the Sites at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Sites affected by such termination or restriction.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and “The Probe” and you shall have no authority to bind “The Probe” in any manner, whatsoever.
“The Probe” shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Governing Law and Jurisdiction
User access to & use of the Site is subject to all applicable laws.
In respect of all matters/disputes arising out of, in connection with or in relation to this agreement, the laws of India and the courts at a place where the registered office of the company is situated shall have exclusive jurisdiction.
Any dispute arising out of or in connection with this agreement, including any question regarding its existence, amendment, validity or termination, shall be referred to & finally resolved by arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996 including any amendments or changes thereto. The exclusive seats of arbitration shall be at a place where the registered office of the company is situated.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via email / post / courier sent to the appropriate address:
Grievance Redressal at The Probe:
The Grievance Officer
Fourth Estate Newscorp Private Limited
1st Floor, C-56/11, C Block,
Industrial Area, Sector 62,
Noida 201301, UP
Ph: 0120 4542975
email id – email@example.com
Blog Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Your “The Probe” Account and Site.
You are fully responsible for all activities user actions taken in connection with your blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and “The Probe” may change or remove any description or keyword that it considers inappropriate or unlawful, or prohibited or otherwise likely to cause “The Probe” liability. You must immediately notify “The Probe” of any unauthorized uses of your blog or any other breaches of security. “The Probe” will not be liable for any acts or omissions by you including any damages of any kind incurred as a result of such acts or omissions.
Content Copyrights and Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the Privacy Guidelines or Terms and Conditions of User Agreement or any applicable laws. “The Probe” has the right (though not the obligation) to, in “The Probe” sole discretion (i) refuse or remove any content that, in “The Probe” reasonable opinion, violates any “The Probe” policy or is in any way harmful or objectionable or unlawful, or includes any of the Prohibited Activities mentioned in the Terms and Conditions of the User Agreement (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Probe’s sole discretion. The Probe has no obligation to provide a refund of any amounts previously paid, if any. “The Probe” shall have the right to moderate the comment threads on the Blog.
Your Works will be original and solely created by you, with us being deemed the owner of all rights now known or hereafter devised (including copyrights and extensions and renewals of copyrights) in and to the Work, with the right to commercially exploit and make all uses of the Work in perpetuity worldwide and make changes in each Work in any media or forum. Without further obligation to you and without limitation, we may use, reproduce, publish, sell, perform, distribute, archive, display, exhibit, edit, change, translate, reformat, add to, take from, reformat, make derivative works from, the Work in any manner and in any medium now known or as may evolve in the future. We may also authorize and control the exploitation of the same and to sue in respect of infringement of any such right, title and interest so assigned.
a. Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by copyright notices or restrictions contained on our site.
b. By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
Further, with respect to any submissions to us made by you from time to time, you understand and agree that we may, or may permit users to, compile, re-edit, adapt or modify your submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other submissions, and you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
c. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. Further, you agree that you will not: (iii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (iv) publish falsehoods or misrepresentations that could damage us or any third party; (v) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; or (vi) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to The Probe we may authorize such content to be distributed or syndicated to or published on other Probe-branded environments.
If you delete Content, you must intimate “The Probe” and “The Probe” will make reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
“The Probe” reserves the right to display advertisements on your blog.
Confidentiality of Information
You will keep in confidence & protect from disclosure any confidential and proprietary information concerning the Company that you may exposed to during your engagement with the Company. You will not use any such information for any purpose that is detrimental to Company.
Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Bloggers / Content Contributors, etc.
Opinions and other statements expressed by Contributors / Bloggers / users are theirs alone, not opinions of The Probe.
You are solely responsible for your content by way of accuracy and completeness, and The Probe does not necessarily endorse it.
You acknowledge that by providing you with the ability to view and distribute content through our site, The Probe is not undertaking any obligation or liability relating to the content.
The Probe and its affiliates, successors, assigns and their respective employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content.
The Probe and its affiliates, successors, assigns and their respective, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation or claims that content violates applicable laws and/or are covered under Prohibited Activities specifically mentioned in the Terms and Conditions of the User Agreement.
The Probe reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
Probe accepts no liability regarding any unauthorised use of Blogs.
Warranties & General
You agree to indemnify and hold harmless “The Probe” and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder including in respect of content posted or information provided by you for The Probe’s use or information or material posted or transmitted through your password account even if not posted or transmitted by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Liability
The Sites include links and pointers to Internet sites, content and services provided by third parties. The Probe’s linking to any third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, “The Probe” does not operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on web sites linked to by “The Probe”. “The Probe” and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
USE OF THE SITES IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY SITES ARE PROVIDED ON “AS IS. BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US.
The Web site is deemed to be published from / at Noida, India (irrespective of where it is accessed from).