These "Jiyo Dil Se Awards" (hereinafter referred to as "Awards") are being organized by DB Corp Ltd, incorporated under the Companies Act, 1956 through its Radio Division having its corporate office at FC-10 & 11, Film City,Sector 16 A, Noida, UP – 201301 (hereinafter referred to as "DBCL" or "the Company", which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its group companies, associate companies, subsidiaries, successors and assigns). These Awards are being organized to recognize and honour individuals who have worked for the betterment of the society and is not organized for business purposes or monetary gain. The Awards are not lottery nor based upon any speculative business.
In consideration of social recognition by the receipt of Awards, you agree that the terms and conditions contained herein form an agreement regulating our relationship with regard to your use of the Site (hereinafter defined) and your participation in the Awards. You are advised to read the terms and conditions and the Award Rules carefully. If you are not agreeable to any terms & Conditions and Award Rules, you should not use the Site or participate in the Awards. If you use the Site or participate in the Awards, you shall be accepting these Terms and conditions unequivocally and unconditionally in their entirety and these terms and conditions will be a legally binding agreement between you and DBCL. Also the terms and conditions of DB Corp Ltd (Radio division) ("DBCL") website .
http://www.myfmindia.com/jiyodilseawards shall independently bind you additionally to the extent applicable and are incorporated herein by reference. You shall be bound by the terms and conditions and which shall remain valid, binding and in force during the entirety of the present Award process and any time after that.
These Terms & Conditions ("Terms") constitute a legally binding agreement between you and DBCL which govern your relation with DBCL as an applicant/entrant for the Award, and your use of their websites and micro-sites including this Awards micro-site http://www.myfmindia.com/jiyodilseawards ("Site"). These Terms may be updated by DBCL from time to time and you should periodically review the most up to date versions on the websites. DBCL may at its sole discretion and without prior notice modify or revise these terms and conditions and policies and you unequivocally agree to be bound by these modifications or revisions. Nothing in these terms and conditions shall be deemed to confer any rights or benefits to a third party. You represent and warrant that the disclosures made by you on the website and in the application form are true and correct and can be relied upon for the purposes of evaluating the entry.
The Awards duration, application and nomination shall start and end as per the rules mentioned in the Award Rules. Such dates may also be available on the above mentioned Site.
You (the Applicant) applying/ making his/her entry for the Awards and/or accessing the Site represents and warrants that disclosures to be made and details/information to be submitted by you in the Application Form for the purposes of entering / participating in the selection process of the Awards shall be true and correct. No part of the information/details/ disclosures shall be false. DBCL shall have the right to have this information/details/ disclosures audited by itself/independent third party auditors. The decision of DBCL / Awards Jury / Judges based upon the auditors report /certificate or otherwise shall be final and binding upon the applicant / nominator and no correspondence shall be entertained in this regard.
If at any time, including after the conclusion of any of the Awards ceremonies, any information provided by you/any participant, is found to be incorrect in any manner, then the you/participant will be liable to be disqualified and / or return the Awards and the monetary emoluments provided to the you/participant under this Awards, if any. DBCL may also take penal action against the you/Participant for providing false information to participate in the Awards
Determination of whether information provided as fair and accurate rests with the Jury and/or DBCL.
DBCL has the right to ask for proof of information provided / audit the information provided in the entry form. If such a request is made and the Participant does not agree, the Participant could be disqualified from participation at the Awards.
DBCL shall not be liable in any manner whatsoever as a consequence of discovery of misrepresentation or falsity in submission of information/details/ disclosures by the applicant / nominator at any stage whether when the process of Awards is on or after the Awards have been declared.
You shall continue to own all intellectual property rights in the Content uploaded/sent by you, however you hereby in perpetuity unequivocally and irrevocably license without any cost (in present and future) to DBCL/DBCL and its affiliates all rights to use name/details/information/Content posted by you or your trade name / organizational name / logo etc for any publicity, advertising and promotional purposes of DBCL. You shall seek prior written permission of DBCL before using in any manner whatsoever the name or logo or Intellectual Property Rights of DBCL whether with regard to the Awards or otherwise. Any violation of this shall result in infringement action by DBCL against you.
Any right/intellectual property rights (including but not limited to trademark and copyright) in and to the Award, its name, process, and other proprietary information shall be the exclusive property of DBCL, and no third party (including without limitation any applicant/participant for the Award) shall have the right to use the same without prior written permission of DBCL.
- a) DBCL reserves the right at its discretion to modify these Terms from time to time due to regulatory, administrative and/or commercial compulsions or for any other reasons considered necessary in the interest of business operations or if this is necessary for the proper provisioning and conduct of the Awards/ or host the Content/ carry out the Awards and such changes shall be published by DBCL on its website from time to time.
- b) Confidentiality / Privacy of communication is subject to any statutory, government regulations and the Terms mentioned herein. You specifically agree that in order to facilitate or host the Content/ carry out the Awards, DBCL may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise, including but not limited to any security agency, and reserves the right to comply with the directions of such authorities at its sole discretion and without intimating you.
- c) If DBCL in its sole discretion determines that a violation of the Terms has occurred, DBCL may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material/Content from the Site. DBCL could also pursue such user(s)/Applicants/ Nominators with claims that they have violated various criminal or civil law provisions as applicable under the relevant law of the land. DBCL will cooperate with any investigation by any Central /State/local body or any court having the competence to carry out the same. Such cooperation may be without any notice to the user/)/Applicants/ Nominators. If DBCL believes in its sole discretion that any Content may create liability for DBCL, DBCL may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of user information.
- d)DBCL shall not be responsible for any civil or criminal liability incurred by you due to breach of any of the Terms or misuse of the Site.
9. DISCLAIMER OF WARRANTIES AND LIABILITY
You understand and agree that DBCL shall carry out the Awards on an 'as-is,' 'with all faults' and 'as available' basis. All warranties including without limitation, the implied warranties of merchant-ability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by DBCL as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the Awards or Awards Process will be uninterrupted, timely, secure, or error-free; (c) that the quality of any services, content, information, or other material on the Site will meet your expectations or requirements; or (d) that any errors in the Site will be corrected.
10. Warranty Disclaimer
You agree that your participation in the awards by making applications or nominations and use of site shall be at your sole risk. To the fullest extent permitted by law, DBCL, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the awards and your use of site thereof. DBCL make no warranties or representations about the accuracy or completeness of this site or its use or the content or use of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the site, (ii) personal injury or property damage, of any nature whatsoever, resulting from your accessing the site or participation in the awards, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site. DBCL does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked services or featured in any banner or other advertising, and DBCL will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution where appropriate.
11. Limitation of Liability
In no event shall DBCL and its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of site (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the site (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that DBCL shall not be liable for content submitted by you or the related defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Awards on the Site are being organized by DBCL from its facilities in India and DBCL makes no representations that the Awards as on the Site are appropriate or available for participation in other locations/ jurisdictions/countries apart from India. Those who access or use the Site from other jurisdictions/ locations countries do so at their own volition and are responsible for compliance with their local applicable laws.
12. INDEMNITY
Any violation of these terms and conditions or misrepresentation or misuse of Site shall under no circumstances be attributed to DBCL and you shall be solely responsible for all such acts. You hereby agree to indemnify and save DBCL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Site or with regard to the information/Content submitted/sent by you (including but not limited to the display of such your information on the Site) or misrepresentation or from its breach of any of the Terms.
You hereby further agree to indemnify and save DBCL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to DBCL, herein. You hereby further agree to indemnify and save DBCL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to Content uploaded by you.
13. RELEASE
You hereby agree and undertake not to hold DBCL and/or or any of its group entities or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that you may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of applying for or participation in the Awards.
14. GENERAL TERMS
a) Relationship
None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and DBCL and you shall have no authority to bind DBCL in any manner, whatsoever. These Terms are solely for your and DBCL's benefit and not for the benefit of any other person, except for permitted successors and assigns under these Terms.
b) Assignment
You may not transfer to anyone else, either temporarily or permanently, any rights to your application or nomination for the purposes of entering into the Awards. Any attempt by you to do so shall be void.
c) Force Majeure
DBCL shall not incur any liability for any interruption or delay of carrying out the Awards and access to the Site due to a Force Majeure Event. For the purposes of this clause, 'Force Majeure Event' means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of DBCL and which causes or results in default or delay in performance by DBCL of any of its obligations under these Terms, and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes
d) Applicable Law
These Terms shall be governed by the laws of India. The courts of law at New Delhi shall have exclusive jurisdiction over any disputes arising under these Terms.
e) Limited Time to Bring Your Claim
You agree that any cause of action arising out of or related to Awards must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred without any recourse.
f) Survival
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration or completion of the Awards.
g) Non Waiver
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
h) All Terms
These Terms and the terms of site/(s) incorporated by reference constitute the entire agreement between you and DBCL with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, terms or agreements, written or oral, regarding such subject matter.
OTHER TERMS AND CONDITIONS
- 1. The Awards and the opportunity to participate therein is entirely voluntary. Participation in the Awards shall be deemed to be acceptance of all the Terms and Conditions governing the Awards as detailed herein.
- 2. If any provision of these Terms, is declared null and void, or is of no force and effect for any reason, such determination shall not affect any other provisions of these Terms and all other provisions shall remain in full force and effect.
- 3. You may be disqualified from participating in the Awards if: you have faced criminal conviction at any time; or if you are found to be in non conformance of these Terms.
- 4.You waive your right, either individually and/or severally, to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum under any jurisdiction against DBCL to claim any damages or relief or otherwise. DBCL is not responsible for any loss or damage that you may suffer while participating in the Awards.