PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE
1.1 Your use of www.explainz.com will allow the authorized upload, download, sharing and distribution of written digital content over the internet, where there will be user generated content (referred to as the services in this document and excluding any services provided to you by www.explainz.com under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with www.explainz.comwill always include, at a minimum, the terms and conditions set out in this document.
Accepting the Terms
2.2 In order to use the services, you must first agree to the terms. You may not use the services if you do not accept the terms.
Provision of the services by www.explainz.com
3.1 www.explainz.com will attempt to continuously innovate in order to provide the best possible services for its users. You acknowledge and agree that the form and nature of the services which www.explainz.com provides may change from time to time.
3.2 You acknowledge and agree that www.explainz.com may stop providing the services temporarily or permanently, or stop any features within the services to you or to users temporarily or permanently, which is at the sole discretion of www.explainz.com.
3.3 You acknowledge and agree that if www.explainz.com disables access to your account or login route, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
3.4 You acknowledge and agree that while www.explainz.com may not currently limit your use of the services in any way, but it may do so, if that use hinders with the ability of www.explainz.com to carry on its operations or if it hinders the ability of other customers to use the services.
3.5 www.explainz.comshall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the services or the discontinuation altogether thereof.
Use of the services by you
4.1 In order to access certain services, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the services. You agree that any registration information you give to www.explainz.com will always be accurate, correct and up to date.
www.explainz.com can share user information with employees and agents and also with The Government or law enforcement agencies when it is officially requested or required by Order, Notification, Statute or Court Order, and with anyone else, with the consent of the user.
4.2 You agree to use the services only for your personal, non-commercial use and for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.
4.3 You agree that you shall not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services. You also agree that you shall not access, or attempt to access any of the services by any means other than through the interface that is provided by www.explainz.com, unless you have been specifically allowed to do so in a separate agreement with www.explainz.com. And also you shall not access or make any attempt to access the services or any other information through any automated means including through the use of scripts or web crawler, or in any other manner.
4.4 Unless you have been specifically permitted to do so in a separate agreement with www.explainz.com, you agree that you shall not reproduce, or duplicate, or copy, or sell, or trade or resell the services for any purpose whatsoever.
4.5 You agree that you are solely responsible and that www.explainz.com has no responsibility to you or to any third party for any breach of your obligations under the Terms & Conditions Agreement, and for the consequences that will arise out of breach, including any loss or damage which www.explainz.com may suffer out of any such breach.
Your passwords and account security
5.1 You agree and understand that you are responsible to www.explainz.com and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the services.
You will be solely responsible for all activities that occur under your account.
5.2 www.explainz.com will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in an unforeseen event / circumstance, and in spite of taking all precautionary measures, if your credentials becoming known to a third party on account of an intrusion into www.explainz.com database, www.explainz.com shall not be made liable for the resulting damages.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at www.explainz.com immediately, and in no way we at the www.explainz.com shall be held responsible if notification regarding the same is not given.
Content in the services
6.1 You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the services, the sole responsibility rests, with the person from, whom which such content originated.
6.2 You should be aware that content presented to you as part of the services, including but not limited to advertisements and promotional material of www.explainz.com or other companies, is protected by intellectual property rights which are owned by www.explainz.com or the sponsors or advertisers who provide that content to www.explainz.com or by other persons or companies authorized on behalf of www.explainz.com. You shall not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content, either in whole or in part, unless you have been specifically told that you may do so by www.explainz.com, or by the owners of the content, unless entered upon a separate agreement. Any content being disseminated using www.explainz.com or the service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
6.3 You agree that you shall be solely responsible for any content that you create, transmit or display while using the services or for the consequences of your actions, including any loss or damage which www.explainz.com may suffer by doing so. www.explainz.com shall not hold any responsibility to you or to any third party in connection with this.
6.4 You understand that by using the services you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk. www.explainz.com shall not be made responsible for any repugnant content circulated on its services by other users.
6.5 On noticing any such content, it is your duty to bring it to the attention of www.explainz.com officials immediately, who will take due care to delete it from the services.
Intellectual Property rights
8.1 You acknowledge and agree that www.explainz.com(or www.explainz.com licensors) owns all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the services may contain information which is designated confidential by www.explainz.com and that you shall not disclose such information without the prior written consent of www.explainz.com
8.2 Unless www.explainz.com has otherwise agreed in writing, nothing in the terms gives you a right to use any of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
License from www.explainz.com
9.1 www.explainz.comgives you a Personal Non-Exclusive license to use the software provided to you by www.explainz.comas part of the services as provided to you by www.explainz.com. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided bywww.explainz.com, in the manner permitted by these terms.
9.2 You shall not commercially exploit, either directly or by sale, or transfer commercially or profit from the services.
9.3 You shall not, and you shall not permit anyone else to copy, or modify, or create a derivative work of, or reverse engineer, or decompile or otherwise attempt to extract the source code of the software or any part thereof.
9.4 Unless www.explainz.com has given you specific written permission to do so, you shall not assign or grant a sub-license of your rights to use the service or otherwise transfer any part of your rights to use the service.
Ending your relationship with www.explainz.com
10.1 The Terms & Conditions will continue to apply until terminated by either you or www.explainz.com as set out below.
10.2 www.explainz.com may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the terms and conditions, or acted in any manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
(B) www.explainz.com is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful)
10.4 When these terms come to an end, all of the legal rights, obligations and liabilities that you and www.explainz.com are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, and it shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
11.1 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided as available.
11.2 In particular, www.explainz.com does not represent or warrant to you that:
(A) Your use of the services will meet up your requirements,
(B) Your use of the services will be uninterrupted, timely, secure or free from error, including specifically from server downtime,
(C) Any information obtained by you as a result of your use of the services will be accurate or reliable.
11.3 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and www.explainz.com shall not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
11.5 www.explainz.com further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITY
12.1 Subject to overall provision in clause 11 above, you expressly understand and agree that www.explainz.com shall not be liable to you for:
(A) Any direct, or indirect, or incidental, or special, or consequential or exemplary damages which may be incurred by you, which is caused or under any theory of liability, which shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) Any changes which www.explainz.com may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(II) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(III) Your failure to provide www.explainz.com with accurate account information;
(IV) Your failure to keep your password or account details secure and confidential;
Other content to which references are made, links are provided, etc.
13.1 The services may include hyperlinks to other websites or content or resources. www.explainz.com may have no control over any websites or resources which are provided by companies or persons other than www.explainz.com.
13.2 You acknowledge and agree that www.explainz.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
13.3 You acknowledge and agree that www.explainz.com is not liable for any loss or damage which sites or resources, or as may be incurred by you as a result of the availability of those external as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Changes to the Terms
14.1 www.explainz.com may make changes to the terms from time to time. The same will be communicated to you, and it will be made available on the website, without prior intimation to you. Your continued use of the services will indicate your acceptance of the modified terms.
When these changes are made, www.explainz.com shall make the amended copy of the terms available in an accessible location.
14.2 You understand and agree that if you use the services after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, www.explainz.com will treat your use as acceptance of the amended terms.
General legal terms
15.1 Sometimes when you use the services, you may (as a result of, or through your use of the services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned.
15.2 The terms constitute the legal agreement between you and www.explainz.com and govern your use of the services, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any services which www.explainz.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and www.explainz.com in relation to the services.
15.3 You agree that if www.explainz.com does not exercise or enforce any legal right or remedy which is contained in the terms (or which www.explainz.com has the benefit of under any applicable law), this will not be taken to be a formal waiver rights that are available to www.explainz.com and that those rights or remedies will still be available to www.explainz.com
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
15.5 The terms, and your relationship with www.explainz.com under the terms, shall be governed by the laws of India.
You and www.explainz.com agree that any dispute will be referred to arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.