Terms & Conditions

www.stembestpractice.com

 

The following terms and conditions govern all use of the stembestpractice.com Portal or Website and all content, services and products available at or through the website (hereinafter referred to as the “Website”). The Website (“stembestpractice.com”) is owned and operated by DFG Digital First Infotech Pvt. Ltd., a private limited company incorporated under the laws of India (hereinafter referred to as the “DFG”). The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, stembestpractice.com Privacy Policy) and procedures that may be published from time to time on this website by stembestpractice.com (collectively, the “Agreement”).

This is an electronically generated document that doesn’t require any physical or digital signature for its authenticity. 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 thereof. If these terms and conditions are considered as an offer by stembestpractice.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least eighteen (18) years old.

Following terms and conditions have been written in compliance of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011 made by the Central Government of India under clause (zg) of sub-section (2) of section 87 read with sub section (2) of section 79 of the Information Technology Act, 2000.

For the purpose of this Agreement, the term “stembestpractice.com”, “DFG”, we, us refers to the owner of the website and the terms “you”, “yours” refers to the user or viewer of the services.

Your stembestpractice.com Account and Site.

For accessing or using some of the services, like for creating a blog on the website, the users may be required to create and maintain a user account with the website. While creating an account, you will be required to provide certain information and you will establish a username and password. You are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the 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. stembestpractice.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause stembestpractice.com liability. You agree to immediately notify DFG of any unauthorised use of your account and password. DFG shall not be held liable for any loss or damage arising out of user’s failure to comply with this provision.

If you are under the age of eighteen (18), then you are not permitted to register as a user or otherwise, provide us with any personal information. If the user is a minor and wish to transact or use the website, it must be done under the supervision of parent or legal guardian provided that such parent or guardian accepts the terms and conditions.

Further, you agree not to provide us with any information that is untrue, inaccurate, not current or incomplete.

Responsibility of Contributors.

If you operate a blog, post 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 (collectively known as “User Content”), you are entirely responsible for the content submitted, and any harm resulting from that Content. Your liability with respect to your user content shall remain regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software or any combination thereof. By making Content available, you represent and warrant that:

  1. the downloading, copying and use of the User Content submitted by you will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. in the event, your employer has rights to intellectual property you submitted to the website , you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users;
  4. the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. the User Content is not a spam, or machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. the User Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  8. your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by stembestpractice.com or otherwise.

By submitting Content to stembestpractice.com for inclusion on the Website, you grant stembestpractice.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, stembestpractice.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, stembestpractice.com has the right (though not the obligation) to, at its sole discretion (i) refuse or remove any content that, in stembestpractice.com reasonable opinion, violates any stembestpractice.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. stembestpractice.com will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors.

stembestpractice.com has not reviewed, and is not in a position to review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. Any use of or reliance on any content/information or materials posted or obtained from the Website that is submitted by users is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The User Content posted on the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The User Content in the Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. stembestpractice.com disclaims any responsibility for any harm resulting from the use or from downloading by visitors of the User Content posted on the Website.

Content Posted on Other Websites.

stembestpractice.com may contain links to other third party websites or there may be websites which may link to stembestpractice.com, which are not controlled by us. We have not reviewed, and cannot review, all of the material, including computer software, made available through those third party websites and webpages. stembestpractice.com does not have any control over those websites and webpages which are not controlled by stembestpractice.com and is not responsible for their contents or their use. By linking to any such third party website or webpage, stembestpractice.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. stembestpractice.com disclaims any responsibility for any harm resulting from your use of any such third party websites and webpages.

License to use the Website

stembestpractice.com is made available for your personal use to get an outlook of the services we provide. You shall not attempt to sell, rent, copy, reproduce, duplicate, republish, redistribute or otherwise extract the source code of the website or exploit any material on this website or any part thereof. You further agree not to translate the Website into other language or make derivative versions of the Website. You represent that you will comply with all the applicable laws including the local laws of your country of residence while using the website.

Copyright Infringement.

As stembestpractice.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by stembestpractice.com violates your copyright, you are encouraged to notify stembestpractice.com and stembestpractice.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. stembestpractice.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeated infringer of the copyrights or other intellectual property rights of stembestpractice.com or others. In the case of such termination, stembestpractice.com will have no obligation to provide a refund of any amounts previously paid to stembestpractice.com.

Intellectual Property.

This Agreement does not transfer from stembestpractice.com to you any stembestpractice.com or third party intellectual property, and all right, title and interest in and to such property will remain solely with stembestpractice.com. stembestpractice.com, stembestpractice.com logo, and all other trademarks, service marks, graphics and logos used in connection with stembestpractice.com, or the Website are trademarks or registered trademarks of stembestpractice.com or stembestpractice.com licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any stembestpractice.com or third-party trademarks.

All the contents including without limitation to information, graphics, data, text, layout, music, sound, photograph, arrangements, source code, software compilations or any other materials, contained or available in the Website are the copyrighted work of stembestpractice.com. You agree not to copy, use, edit, modify, reproduce, publish, display, distribute, store, transmit, exploit or otherwise disseminate any such materials, in any form whatsoever, without the prior written consent of stembestpractice.com.

stembestpractice.com reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

stembestpractice.com reserves the right to display attribution links such as ‘Blog at stembestpractice.com,’ theme author, and font attribution in your blog footer or toolbar.

Prohibited Activities

(a) You agree not to use stembestpractice.com’s services in any illegal manner or any manner which encourages or promotes illegal activities. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content.

(b) You warrant not to upload or distribute any virus, bugs, trap doors, trojan horse, worm, keystroke logger, rootkit, harmful codes or other similar software or programs that may damage the functioning of the Website or another’s computer.

(c) You shall not make efforts to subvert the website’s navigational structure by hacking into the website database to obtain information about our business practices that is not available for personal use.

(d) You shall not attempt to test the vulnerability of the website by using unfair means to disproportionately put load on the website’s infrastructure.

(e) You shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

(f) You shall not attempt to access stembestpractice.com’s private API by any means without the prior written consent of DFG.

(g) You shall not attempt to crawl, scrap, extract, and harvest or otherwise access any data or content of the website via any automated means or systematic means.

(h) You must not use DFG services to transmit or send unsolicited commercial communications.

(i) You must not use this website for any purposes related to marketing without prior express consent of DFG.

Partner Products.

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Domain Names.

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Reserved Rights

stembestpractice.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. stembestpractice.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

stembestpractice.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your stembestpractice.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by stembestpractice.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from stembestpractice.com notice to you thereof; provided that, stembestpractice.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided on an “as is” basis. stembestpractice.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither stembestpractice.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

stembestpractice.com does not warrant that the services provided by the Website will be uninterrupted or error free or that the Website or the server that makes it available are free from viruses or other harmful components. Further, stembestpractice.com would not be held responsible for non-availability of the Website that may occur during any periodic maintenance or technical issue beyond the control of DFG. We are not responsible for any technical failure of internet or the Website or any damage or injury caused to the user or their device as a result of or relating to their use of the Website. Furthermore, stembestpractice.com does not warrant or make any representation regarding the use or results of use of the Website in terms of their correctness, accuracy, and reliability or otherwise.

Limitation of Liability.

In no event will stembestpractice.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to stembestpractice.com under this agreement during the twelve (12) month period prior to the cause of action. stembestpractice.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the stembestpractice.com Privacy Policy, Terms and Conditions and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless stembestpractice.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between stembestpractice.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of stembestpractice.com, or by the posting by stembestpractice.com of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of India, including its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts of India and the location of the court will be exclusive choice of stembestpractice.com. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules by the laws of India. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; stembestpractice.com may assign its rights under this Agreement without condition.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Please note that your usage of our services is not solely governed by these terms only. You are thus requested to refer to our privacy policy also. In case of any doubt or query with respect to the terms of service or privacy policy, feel free to contact us at admin@stembestpractice.com.

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