Terms & Conditions

Date of last revision: May. 21, 2018

WITN is a corporate training organization in India doing business as WhatsIn The Name. These Terms of Use (“Terms”) constitute a legal agreement between you and WhatsIn The Name (“WITN,” “we” or “our”) providing, among other things, the terms and conditions for your use of the WITN website (the “Service”). Your use of our Service tells us you have read and agreed to these Terms and our Privacy Policy. WITN reserves the right to deny access to the Service to any person who violates these Terms. You understand and agree that, by visiting Whatsinthename.in, you are accepting, without modification, these Terms of Use. If you do not agree with any portion of these Terms, your only option is to discontinue use of whatsinthename.in.

In agreeing with these Terms, you represent and warrant that you are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements. If you are under eighteen (18), then you may only use whatsinthename.in with the consent of your parent or legal guardian. If you are under thirteen (13) years of age, you should not use Whatsinthename.in.

These Terms of Use include Whatsinthename.in’s Privacy Policy, located at Whatsinthename.in/privacy-policy/, which is incorporated into these Terms by reference and together with these Terms governs your visit to our Service. The Privacy Policy explains our information-gathering practices and how we use and share the information collected by Whatsinthename.in.

We may, from time to time, change these Terms of Use. You may check the same on the website. Your continued use of the Service constitutes your agreement to abide by these Terms of Use as changed. Any breach of these Terms may result in termination of your access to the Service, without notice, in addition to the other remedies available to Whatsinthename.in.

COPYRIGHT

All information, content, services and software displayed on, transmitted through, or used in connection with our Service, with the exception of User Content as defined below, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations,  video, html, source and object code, trademarks, logos and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Whatsinthename.in (“WITN”) and/or its affiliated businesses, licensors and suppliers (excluding any “User Content,” as defined below, which may be owned by others).

WITN may compile aggregated news content from outside sources. All names of people, trademarks, service marks, company names and brand names are property of their respective owners and are used in editorial commentary as permitted by law.

If you operate a website and wish to link to our Service, you may do so provided you agree to cease such link upon request from WITN. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms of Use. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user’s experience, and not to use any data mining, data gathering or extraction methods.

Requests to use Content for any purposes other than as permitted in these Terms of Use should be directed to WITN. In certain cases, you may be able to obtain a license to use individual stories that appear on the Service through online functionality we have specifically designated (e.g., to email a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will provide the license information or a link on the Content itself. If you do not see such license information or link, you should assume you do not have permission to use the Content.

REGISTRATION

Registration is not required to view certain Content. However, you may be required to register if you wish to post a comment, use certain features of our user forums, or to view certain other Content.

If you become a registered member of Whatsinthename.in, you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete and correct. We reserve the right to terminate your access and use of our Service if individuals from more than one household access our Service using any single registration account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access our Service using your name in whole or in part without our permission.

If you believe someone has accessed our Service using your registration account and password without your authorization, please WITN.

USE OF INFORMATION

You acknowledge, consent and agree that Whats In The Name may preserve and disclose your Registration Account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary to comply with legal process, such as a court order, search warrant, or subpoena; to enforce the terms of this Agreement; to render service you request; to protect the rights or property of WITN and licensors; or in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.

INTELLECTUAL PROPERTY RIGHTS

We respect the intellectual property of others and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the accounts of repeat infringers.

 USER CONTENT

Any comments, posts, feedback, notes, messages, images, audio, materials, ideas, suggestions or other communications you submit on or through the Service (collectively “User Content”) are not private. By submitting User Content on or through the Service, you grant WITN and its affiliates an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.

By submitting any such User Content on or through the Service, you grant WITN permission to use your name and any other information (as provided by you) to attribute such User Content to you. Without limiting the generality of the previous sentence, and subject to our Privacy Policy, you authorize WITN and its affiliates to share the User Content across Whatsinthename.in, and to use your name and any other information in connection with its use of such User Content. You also grant WITN and its affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using or inspired by such User Content. We are not responsible for the similarity of any of our Content or programming in any media to User Content submitted by you. All rights granted in this section are granted without the need for additional compensation of any sort to you.

INTERACTIVE AREAS OF THE SERVICE

The blogs, story comments and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We encourage free speech and the exchange of ideas, but only insofar as they do not violate or conflict with the rights of WITN as the owner and operator of Whatsinthename.in. By using these areas of the Service, you are participating in a community that is intended for all of our users, and as such, you agree to be bound by the rules and limitations governing those areas of our Service.

Therefore, we reserve the right, but undertake no duty, to review, edit, move, or delete any User Content provided for display or placed on the Service, at our sole and absolute discretion, without notice to the person who submitted such User Content.

You may be held liable for any illegal or prohibited User Content made accessible on or through the Service or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Service is available for all users to enjoy, you may not and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Service any User Content that:

  • Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious;
  • Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
  • Is or could be harmful to minors;
  • Is a video, photo or digital likeness depicting any child or children under the age of 13, regardless of whether you have permission from the child’s parent or guardian to provide such User Content to us;
  • Harasses or advocates harassment of another person;
  • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  • Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
  • Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
  • Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
  • Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
  • Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
  • Otherwise violates any local, state, national or other applicable law or regulation.

In addition, you may not, in connection with your use of the Service:

  • Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
  • Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Service;
  • Engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
  • Post or transmit any Content that you do not have the right to post or transmit;
  • Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
  • Disrupt the ordinary flow and operation of any portion of the Service, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
  • Interfere with or disrupt the Service or any server or network involved with the operation of the Service;
  • Stalk or harass any other person; or
  • Collect or “harvest” from the Service the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.

If you discover this kind of material or activity on the Service, please WITN immediately. We do not support, endorse nor tolerate any of the foregoing material or activity.

Given the nature of the Service and the volume of User Content we receive, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using interactive areas of the Service. We particularly discourage divulging Personal Information when you participate in interactive areas of the Service. You do so at your own risk.

We do not necessarily endorse, support, sanction, encourage, verify, or agree with statements posted on the interactive areas of the Service. Any such statements are the views and responsibility of those who posted them, and do not necessarily represent our views. You agree that we are not responsible and shall have no liability to you whatsoever with respect to any such statements.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

Although we try to provide accurate information on the Service, the materials may contain inaccuracies, errors and typographical errors. WITN and its affiliates do not warrant the accuracy or completeness of the Content contained on the Service. We may make changes to the Content at any time without notice and make no commitment to update the Content.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE MADE AVAILABLE ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND WHATSINTHENAME.IN AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

WITN AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. WHATSINTHENAME.IN AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHATSINTHENAME.IN AND ITS AFFILIATES,  SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WITN OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

YOU ARE VOLUNTARILY ACCESSING AND USING THE SERVICE AND CONTENT ON WHATSINTHENAME.IN AND ITS AFFILIATES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND YOU AGREE TO ASSUME ANY AND ALL RISKS, INCLUDING PROSECUTION FOR VIOLATION OF CONTROLLED SUBSTANCES LAWS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. YOU ACKNOWLEDGE THAT WITN AND ITS AFFILIATES OFFER NO GUARANTEE OF SUCCESS OR RESULTS OF ANY KIND. THE SERVICE AND CONTENT PROVIDED ON WHATSINTHENAME.INIS INFORMATIONAL AND EDUCATIONAL. YOU RELEASE WITN AND ITS AFFILIATES FROM ALL LIABILITY REGARDING YOUR USE OF THE SERVICE AND CONTENT ON WHATSINTHENAME.IN AND ITS AFFILIATES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, WHATSINTHENAME.IN AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICE; (2) WITN’S OR ITS AFFILIATES’ USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.

TERMINATION

We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Service, your ability to access the Service and to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that WITN and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.

JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the state of India.

The Service is controlled, operated and administered WITN from within India. We make no representation or warranty that the Content available on the Service is appropriate or available for use at other locations outside of India. If you use the Service in a jurisdiction that prohibits or restricts the use of the Service, you agree that your use of the Service will be at your own risk, without limitation of any other provision of this Agreement, and that WITN and its affiliates shall not have any liability with respect to such use

 ENTIRE AGREEMENT

These Terms of Use constitute the complete and entire agreement between you and WITN and supersedes any prior agreement, whether written or oral. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. Any failure of WITN to enforce or exercise any provision of these Terms or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in these Terms of Use are for convenience only and have no legal or contractual effect.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.