Terms Of Use
Welcome to the MyNextDownload.com website, a website owned and operated by Celexsa Technologies Private Limited.
The terms and conditions stated below, along with the policies and guidelines located throughout the website identify what the users can expect from MyNextDownload.com and vice versa. By visiting any area on the website or making a purchase via the website, a user is deemed to have accepted the Terms of Use.
I. ONLINE CONDUCT
II. LICENSES AND RESTRICTIONS
III. CONTENT
IV. PRICES
V. RISK OF LOSS
VI. PRODUCT DESCRIPTIONS
VII. AGE OF USERS
VIII. TERMINATION OF USAGE
IX. INDEMNITY
X. PASSWORD AND ACCOUNT SECURITY
XI. NOTICES
XII. DISCLAIMERS AND LIMITATION OF LIABILITY
XIII. SEVERABILITY
XIV. APPLICABLE LAW; JURISDICTION
XV. ACKNOWLEDGMENT
I. ONLINE CONDUCT
The user agrees to use the MyNextDownload.com site only for lawful purposes. The user is prohibited from posting on or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or objectionable material of any kind that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law through the MyNextDownload.com website.
If MyNextDownload.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material on the MyNextDownload.com site provided by the user that is allegedly infringing, defamatory, damaging, illegal or offensive, MyNextDownload.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such contents from the website. MyNextDownload.com may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the website; (iii) to protect the rights or property of the website, its officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors and any other user.
It reserves the right to prohibit or restrict conduct, communication or content that it deems in its sole discretion to be harmful to the users. Notwithstanding the foregoing, no MyNextDownload.com provider can ensure prompt removal of any questionable content after online posting. Accordingly, no MyNextDownload.com provider shall assume liability for any action or inaction with respect to conduct, communication, or content of any third party on the MyNextDownload.com website.
II. LICENSES AND RESTRICTIONS
MyNextDownload.com grants the user a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the MyNextDownload.com website. It further grants the user a limited, non-exclusive and revocable right to create a hyperlink to the home page of the website so long as the link does not portray MyNextDownload.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
* modify, download (other than page caching), reproduce, copy or resell MyNextDownload.com website, the Contents or any portion derivative thereof;
* commercial use of the MyNextDownload.com website or the Contents (unless the user has a business relationship with MyNextDownload.com);
* copy or download any user's account information for the benefit of any third party;
* enable high volume, automated, electronic processes that apply to the MyNextDownload.com website or its systems;
* use any robot, spider, data miner, scraper or other automated means to access the site or its systems for any purpose;
* interfere or attempt to interfere with the proper working of MyNextDownload.com;
* bypass any MyNextDownload.com measures used to prevent or restrict access to any portion of the website;
* frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of
MyNextDownload.com;
* use MyNextDownload.com name, services marks or logos in any meta tags or any other 'hidden text' or
* compile, repackage, disseminate or otherwise use data extracted from the website.
The foregoing is expressly prohibited; the right to do any of the foregoing shall require MyNextDownload.com's express written consent (which may include a written agreement signed by an authorized representative of MyNextDownload.com). Any unauthorized use of the website, the Contents or any portion shall terminate any license or permission granted by MyNextDownload.com.
III. CONTENT
Intellectual Property Rights
All the contents in this website are copyright protected by Celexsa Technologies Private Limited. under the Copyright Act of 1957. All the text, books, information, software, photographs, graphs, videos, graphics, music, sounds, description and other material are protected under IP rights of India.
Proprietary Rights
User acknowledges that MyNextDownload.com website contains contents that are protected by copyrights, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All contents are copyrighted as a collective work under the Indian copyright laws, and MyNextDownload.com owns a copyright in the selection, co-ordination, arrangement and enhancement of such contents. User may not modify, remove, delete, augment, publish, transmit, participate in the transfer or sale of, or in any way exploit any of the contents in whole or in part. If no specific restrictions are displayed, users may make copies of the selected portions of the content are made only for user's personal use and that user maintains any notices contained in the content, such as all copyright notices or other proprietary rights notices. The user may not upload, post, reproduce or distribute in anyway the content protected by copyright, or other proprietary right, without obtaining permission of the owner.
Submission of Third-Party Content
Except as set forth in the paragraph headed 'Proprietary Rights' above, the user may upload to or otherwise submit to MyNextDownload.com or distribution on the website only (i) The content that is not subject to any copyright or other proprietary rights restrictions; (ii) The contents in which the owner or the licensor has given authorization for MyNextDownload.com to distribute over the Internet; or (iii) the content that does not contain any viruses, scripts, Trojan horses, worms, time bombs, Easter eggs or other computer programming routines that may damage or expropriate any system, data or personal information. Any copyrighted content is distributed with the consent of a copyright owner should contain a phrase such as 'Copyright, owned by [name of the owner]; used by permission. It is entitled to presume that all submitted content confirms with the foregoing requirements. The unauthorized submission of the copyrighted content is illegal and could subject the user to personal liability for damages in a civil suit as well as criminal prosecution. The user will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission. No MyNextDownload.com provider will assume any liability for any damage resulting from any infringement of copyrights, or any other harm arising from any user submission of harmful contents. According to the Digital Millennium Copyright Act, any user can report an infringement to MyNextDownload.com at corrections@MyNextDownload.com
Third-Party Content
MyNextDownload.com is a distributor and not a publisher of the contents supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information that constitutes part of the contents expressed or made available by the third parties and not of MyNextDownload.com or any MyNextDownload.com provider. Neither MyNextDownload.com nor any MyNextDownload.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party contents. In many instances, the content available through the MyNextDownload.com website represents the opinions and judgments of the third party that provides such content. Under no circumstance shall either MyNextDownload.com or MyNextDownload.com provider be liable for any loss, damage or harm caused by a user's reliance on information obtained through the MyNextDownload.com website. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or content available through this website.
IV. PRICES
The price for an item on the MyNextDownload.com website may differ from the price shown in a user's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on theMyNextDownload.com website. If the price for the item on the website is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of MyNextDownload.com. MyNextDownload.com may (i) contact the user for instructions before shipping the item or charging the user for such item; (ii) cancel the order and notify the user of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the user. Please note that this policy regarding prices applies only to items sold and shipped by MyNextDownload.com. Any purchases from the third-party sellers on the MyNextDownload.com website may be subject to different policies in the event of an incorrectly priced item.
V. RISK OF LOSS
The risk of loss and title for all items purchased via the MyNextDownload.com website pass to the user upon delivery of the item to the carrier.
VI. PRODUCT DESCRIPTION
The items offered for sale on MyNextDownload.com contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. It does not represent or warrant that the descriptions of such items are accurate. IF A USER PURCHASES AN ITEM FROM MyNextDownload.com THAT IS NOT AS DESCRIBED ON THE MyNextDownload.com, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN THE ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
VII. AGE OF USERS
MyNextDownload.com does not intend the MyNextDownload.com website to be used by individuals under the age of 18 without the supervision of a parent or guardian. It relies upon the guardians to determine if any content or items available on the website is appropriate for viewing, access or purchase by such minors. If the user is a minor, such minor may use the MyNextDownload.com website only under the supervision of the guardian.
VIII. TERMINATION OF USAGE
MyNextDownload.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any user's right to access the website. Without limitation of its belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, MyNextDownload.com, any MyNextDownload.com provider or another user.
In cases which MyNextDownload.com deems in its sole discretion to be egregious, MyNextDownload.com may provide a written notice to a user to inform that (i) his or her right to use or access any part of the website has been terminated including the right use, access or create any account thereon; (ii) that it refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with MyNextDownload.com will be subject to the following conditions:
* Orders placed by a Restricted User after the effective date specified in the Restriction Notice shall be subject to cancellation.
* MyNextDownload.com will assess the Restricted User an administrative fee set forth in the Restriction Notice for each Restricted Order submitted by the Restricted User after the Restriction Effective Date, regardless of whether the Restricted Order was fulfilled or cancelled.
* MyNextDownload.com shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or by the Restricted User in the unauthorized account (2) seek a judgment against the Restricted User for payment thereof.
Other conditions may apply and shall be set forth in the Restriction Notice.
User agrees that MyNextDownload.com shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment.
IX. INDEMNITY
User agrees to indemnify and hold each MyNextDownload.com provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.
X. PASSWORD AND ACCOUNT SECURITY
Every user that has an account on the MyNextDownload.com website is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such user's computer; and (iii) keeping the e-mail address associated with that account current. The user accepts full responsibility for all activities that occur within MyNextDownload.com.
XI. NOTICES
User consents to receive electronic communications from MyNextDownload.com, whether addressed to the e-mail address associated with the user who has an account in MyNextDownload.com website. The user has to acknowledge and agree that any communication via e-mail through this website satisfies any legal requirement that such communications be made in writing.
XII. DISCLAIMERS AND LIMITATION OF LIABILITY
The MyNextDownload.com website is provided by MyNextDownload.com. To the fullest extent permissible by applicable law, each MyNextDownload.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, no MyNextDownload.com provider makes any representation or warranty of any kind, express or implied: (I) as to the operation of the MyNextDownload.com website, or the information, content, materials or products included thereon; (II) that the MyNextDownload.com website will be uninterrupted or error-free; (III) as to the accuracy, reliability or currency of any information, content, service, or merchandise provided through the MyNextDownload.com website (IV) that the MyNextDownload.com website. Its severs, or e-mails sent from or on behalf of MyNextDownload.com are free of viruses, scripts, Trojan horses, worms or other harmful components.
MyNextDownload.com does not guarantee the continuous, uninterrupted or secure access to the MyNextDownload.com website or any related services. The operation of the MyNextDownload.com website may be interfered with by numerous factors outside the control of MyNextDownload.com.
Under no circumstances shall any MyNextDownload.com provider be liable for any damages that result from the use or inability to use the MyNextDownload.com website including but not limited to be reliance by a user on any information obtained from the website or the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance whether or not resulting from communication failure, theft, destruction or unauthourised access To Sura Books.com records, programs, or services. The user is hereby acknowledges that this paragraph shall apply to all content, merchandise and service available through this website.
No MyNextDownload.com provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the MyNextDownload.com website or the purchase of any product there from, even if such MyNextDownload.com provider has been advised of the possibility of such damages.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions or limitations may not apply to such user, and such user have additional rights.
XIII. SEVERABILITY
The provisions of these terms of use are intended to be severable. If for any reason any provision of these terms of use shall be held invalid or in part in any applicable jurisdiction, such provision shall as to such jurisdiction, be ineffective to the extent of such invalidity without in any manner affecting the validity thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XIV. APPLICABLE LAW; JURISDICTION
The MyNextDownload.com is created and controlled by MyNextDownload.com in the State of Tamilnadu. The laws of the States in India will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
Each of MyNextDownload.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Chennai, Tamilnadu and waives any objection to the laying of venue of any litigation in said courts.
XV. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User andMyNextDownload.com regarding User's relationship with MyNextDownload.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area at MyNextDownload.com or making a purchase via the MyNextDownload.com, a user is deemed to have accepted the Terms of Use.