The Website may provide interactive forums, downloadable links, social media links, bulletin boards and other interactive areas on the Website. Missing Link Trust may, in its sole discretion, terminate your access to any interactive areas at any time, with or without notice. You are solely responsible for your use of the interactive areas, including:
your own actions and communications and the consequences of those actions, including the consequences that result from posting communications on the Website and the Content of any of your postings;
compliance with all rules and procedures of this Website; compliance with all applicable domestic and international laws and regulations that relate to your use of the Website; and
ensuring that all Content that you submit does not contain third party copyrighted material or that you are otherwise legally entitled to post the Content and grant Missing Link Trust the licenses set forth herein.
Missing Link Trust does not assume any responsibility for content, including any material, data, communications, text, images, video, sound, and interactive features (collectively, the “Content”) you may view on this Website, access through this Website or that is posted on the interactive areas, including the truthfulness, accuracy, quality, completeness or reliability of any such Content. Missing Link Trust does not endorse any Content submitted to the Website by any user, or any opinion or recommendation or advice expressed therein.
You retain your right to any Content you submit to any part of this Website. By submitting Content to the Website, you automatically grant (or warrant that the owner of such content has expressly granted) to Missing Link Trust (and its successors and affiliates) a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, fully-transferable license and right to use, reproduce, create derivative works from, modify, translate, distribute, perform, and display the communication (or any derivative work based thereon) either alone or as part of other works in any form, whether now known or hereafter developed, for any purpose. Such license will be fully transferable by assignment, sublicense (including multiple tiers of sublicenses) or any other means. Except as described herein, any Content which you post on the Website is considered to be non-exclusive.
User Conduct and Removal of Content
You agree that you will not engage in any actions, or submit any Content, that is defamatory, offensive, objectionable, prohibited, or illegal, as determined by Missing Link Trust in its sole discretion. Without limitation, actions or Content that shall be considered defamatory, offensive, objectionable, prohibited or illegal include the following:
Use of any of the interactive areas that could expose Missing Link Trust to any liability or detriment, or for any purpose in violation of local, state, national, or international laws;
Posting or otherwise disseminating material that violates or infringes on any third party’s intellectual property rights, proprietary or contractual rights, or privacy or publicity rights;
Posting or otherwise disseminating material that is objectionable to Missing Link Trust or the Website, including, but not limited to, material that is unlawful, fraudulent, obscene, defamatory, threatening, abusive, hateful, pornographic, harmful to minors, promoting illegal activity, or embarrassing to another person or entity, as determined by Missing Link Trust at its sole discretion;
Posting or otherwise disseminating personal or identifying information about another person without that person’s explicit consent;
Posting spam or comments that are not related to the topic being discussed (unless it is clear the discussion is free form) or that otherwise disrupt the normal flow of dialogue;
Posting or otherwise disseminating advertisements or solicitations, chain letters, pyramid schemes, unsolicited bulk e-mail to users or individuals that have not agreed to receive such mailings, or other advertising or marketing that violates these Terms, or any applicable laws, regulations, or generally accepted advertising industry guidelines;
Allowing any other person or entity to use your identification to post or view comments;
Accessing the Website with another user’s account, service, or system without authorization from Missing Link Trust, impersonating another person, falsely stating or otherwise misrepresenting an affiliation with any person or entity, or creating or using a false identity on the Website;
Disclosing your own or another user’s identification or password to third parties, or using your own or any other user’s identification or passwords for any unauthorized purpose;
Attempting to obtain unauthorized access to, posting to, or tampering with restricted areas of the Website;
Disrupting or interfering with the security or proper working of, or otherwise abusing (including vulnerability scans), this Website, or any services, system resources, accounts, servers, or networks connected or accessible through this Website or affiliated or linked sites;
Disrupting or interfering with any other user’s enjoyment of the Website or affiliated or linked sites; or
Taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Website in breach of this Section.
Missing Link Trust reserves the right to monitor, record, edit, or remove any Content on the interactive areas for any reason, including lack of adherence to these Terms, and Missing Link Trust has no liability for such action. However, Missing Link Trust shall in no way be obligated to exercise these rights. If notified by a user of communication(s) which are alleged not to conform to these Terms, Missing Link Trust may (but shall not be obligated to) investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). Missing Link Trust has no liability or responsibility to you, or to any other person or entity, for the performance or nonperformance of any screening or removal activities. You agree that Missing Link Trust shall not be liable for Content, including any defamatory, offensive or illegal conduct, of any third party and that the risk of harm or damage from the foregoing is solely yours.
You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access our Website only with due regard for your own safety and the safety of others.
By submitting your email address to the Website, you consent to being placed on Missing Link Trust’s mailing lists and thereby receiving e-mail correspondence from Missing Link Trust, including newsletters, and Website updates. You may remove your e-mail address from the applicable mailing list at any time by clicking the “unsubscribe” link in any e-mail from Missing Link Trust. Although Missing Link Trust will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list.
This website and all information, products, and services available through this website are provided on an “as is” basis. You agree that use of this website or any associated information, products, and services is at your sole risk. To the fullest extent permissible under applicable law, Missing Link Trust and successors and its affiliates disclaim all representations and warranties, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or obtained from Missing Link Trust or through this site shall create any warranty. You acknowledge that any reliance on any information, products, or services appearing on this website shall be at your sole risk, and you hereby waive any rights you may have had regarding any representation or warranty, express or implied, on the part of Missing Link Trust and its affiliates regarding the functioning and use of this website.
Limitation of Liability
Under no circumstances, including negligence, shall Missing Link Trust or its successors and affiliates be liable for any direct, indirect, special, punitive, or consequential damages whatsoever and howsoever arising, including any such damages resulting from a claim by any party relating to the use of this website or any associated information, products, and services, or your use of or inability to use this site. Furthermore, Missing Link Trust and its successors and affiliates shall not be liable for damages relating to the use of third-party sites linked to the website.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Missing Link Trust and its successors and affiliates, as well as its officers, directors, employees, volunteers, agents, licensors, and suppliers, from and against any damages or claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, regardless of whether they are attributable to any act or omission of Missing Link Trust and its successors and affiliates, in connection with (1) your use of the Website, (2) your breach of these Terms, (3) your negligent or wrongful conduct, (4) your access to or use of any third party website linked to from the Website, (5) Content posted by you, (6) your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right, or (7) the infringement by you of any right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between the parties to these Terms.
The content of the Website, including the Content and the trademarks, service marks and logos on the Website, are the property of Missing Link Trust or third party licensees and are protected by copyright and other intellectual property rights under both Indian and foreign laws. You may not modify or transfer the Content, or otherwise make use of the Content for any purpose, without Missing Link Trust’s and/or the other respective owner’s prior written permission, except as expressly permitted on the Website. You are permitted to access and use the Content though the provided functionality of the Website for personal non-commercial uses only, provided that: (a) any such uses are not competitive with or derogatory to the Website, and (b) you keep all copyright or other proprietary notices intact without alteration. Please note that this limited consent may be revoked at any time and does not include consent to republish Website Content elsewhere.
Any other trademarks or service marks appearing anywhere on our Website are the property of their respective owners. To the extent any product name or logo does not appear with a trademark does not constitute a waiver of any and all intellectual property rights that Missing Link Trust or its business has established in any of its products, features, or service names or logos.
Site Uptime, Upkeep
The Content of the Website is subject to change any time without notice, including to correct any errors or omissions in any portion of the Website. At any time, Missing Link Trust may terminate, change, or suspend any aspect of the Website, temporarily or permanently, without notice to you. Missing Link Trust is not obligated to continue to support or update the Website. Missing Link Trust may impose limits on certain features or services or restrict your access to parts, or all of, this Website. While we will take all reasonable steps to ensure that our Website is available 24 hours a day, 365 days per year, website do sometimes encounter downtime due to server and other technical issues. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obligated to do so. You acknowledge and agree that Missing Link Trust and its successors and affiliates shall not be liable to you or to any third party in the event that Missing Link Trust exercises any of these rights.
While we take every effort to ensure that all content provided on the Website does not contain computer viruses and /or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error free.
Third Party Links
Any links furnished through our Website are provided to you for your convenience and any inclusion of a third party link herein shall in no way be construed as an endorsement by us of the website(s) or their content.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you.
We make no representations that the content or the Website is appropriate or that it may be used or downloaded outside of India. Access to the Website and/or content may not be legal in certain countries outside of India. If you access the Website from outside India, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website.
Our Website was created and is controlled by Missing Link Trust in the State of West Bengal, India. The Website and its content, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of West Bengal and applicable Indian laws. Use of our Website constitutes agreement of the user to the jurisdiction of the state and courts located therein.
Missing Link Trust maintains the Website from offices in India. This Website may be accessed from countries outside India. If you access or use the Website from outside India, you are responsible for compliance with your local laws and regulations.
Modifications to the Terms
Missing Link Trust may, at any time and in its sole discretion, amend these Terms by posting the amended Terms to this Website and you agree to be bound by these modifications. Any modifications shall become effective immediately upon posting. You should periodically review the most up-to-date version of these Terms for any changes.
Missing Link Trust may immediately terminate these Terms or terminate your access to this Website with or without cause, and with or without notice, at any time (including where you repeatedly infringe the intellectual property of others with the Consent that you post to the Website). Such termination shall take effect immediately, unless Missing Link Trust provides otherwise in any notice. Missing Link Trust shall not be liable to you or to any third party for termination of your right to use the Website. In the event of termination of these Terms, the Limitation of Liability, Disclaimer of Warranty, Indemnification and Applicable Law shall survive such termination.
The headings contained in these Terms are for convenience only and are not to be used in interpreting these Terms. The provisions of these Terms are severable. In the event any provision of these Terms shall, in whole or in part, be determined to be void for any reason, the remaining provisions will remain in full force and effect. Missing Link Trust’s failure or delay in exercising or enforcing any right under these Terms shall not operate as a waiver or relinquishment of any right. Further, you agree that any cause of action arising out of or related to the site or applications must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.