1. ACCEPTANCE OF TERMS
Welcome to kaanoon.com ("Kaanoon"). Kaanoon provides services to you ("You") subject to the following Terms and Conditions ("User Agreement"), which may be updated by us from time to time without notice to you. By accessing and using Kaanoon, you accept and agree to be bound by the terms and provision of the User Agreement. In addition, when using particular Kaanoon owned or operated services, you and Kaanoon shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the User Agreement. Kaanoon may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
2. DESCRIPTION OF Kaanoon
Kaanoon provides you with a forum to interact with lawyers and professionals who have registered on this website. You understand and agree that information provided on Kaanoon is for informational purpose only, and does not constitute legal advice. "Legal advice" is the application and interpretation of law to an individual's specific circumstances, and is expressly prohibited on Kaanoon. You understand and agree that you will not rely on the information presented on Kaanoon for your specific situation, and that you will seek legal counsel for your own situation. You understand that Kaanoon may not verify licences of lawyers and professionals who have registered on Kaanoon to provide legal information to users, and that it is your sole responsibility to verify a lawyer's licence and credentials before making a decision to hire such a lawyer or professional. You understand that Kaanoon is not an advertising service for lawyers, and that the lawyer listings on Kaanoon do not constitute a referral or endorsement by Kaanoon.
You understand and agree that Kaanoon may include certain communications from Kaanoon, such as service announcements, administrative messages, newsletters, and that these communications are considered part of Kaanoon membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Kaanoon services, including the release of new Kaanoon properties, shall be subject to the User Agreement. You understand and agree that Kaanoon is provided "AS IS" and that Kaanoon assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to Kaanoon, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Kaanoon.
You understand that the technical processing and transmission of Kaanoon, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Kaanoon, you represent that you are of legal age to form a binding contract and are not a person barred from using Kaanoon under the laws of India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by Kaanoon's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kaanoon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kaanoon has the right to suspend or terminate your account and refuse any and all current or future use of Kaanoon (or any portion thereof). Kaanoon is concerned about the safety and privacy of all its users.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and account designation upon completing Kaanoon's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kaanoon of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kaanoon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Kaanoon, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Kaanoon. Kaanoon does not control the Content posted via Kaanoon and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Kaanoon, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kaanoon be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Kaanoon.
You agree to not use Kaanoon to:
You acknowledge that Kaanoon may or may not pre-screen Content, but that Kaanoon and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Kaanoon. Without limiting the foregoing, Kaanoon and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kaanoon or submitted to Kaanoon, including without limitation information in Kaanoon forums and in all other parts of Kaanoon.
You acknowledge, consent, and agree that Kaanoon may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the User Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Kaanoon, its users, and the public.
You understand that Kaanoon and software embodied within Kaanoon may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kaanoon and/or content providers who provide content to Kaanoon. You may not attempt to override or circumvent any of the usage rules embedded into Kaanoon. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on Kaanoon, in whole or in part, is strictly prohibited.
7. INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of Kaanoon and transfer, posting, and uploading of software, technology, and other technical data via Kaanoon may be subject to the export and import laws of India and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via Kaanoon to export-prohibited parties or countries; (c) will not use Kaanoon for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via Kaanoon any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON Kaanoon
Kaanoon does not claim ownership of Content you submit or make available for inclusion on Kaanoon. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Kaanoon, you grant Kaanoon the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
"Publicly accessible" areas of Kaanoon are those areas of Kaanoon that are intended by Kaanoon to be available to the general public.
9. CONTRIBUTIONS TO Kaanoon
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Kaanoon through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kaanoon is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Kaanoon shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Kaanoon may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Kaanoon without any obligation of Kaanoon to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Kaanoon under any circumstances.
You agree to indemnify and hold Kaanoon and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify, or otherwise make available through Kaanoon, your use of Kaanoon, your connection to Kaanoon, your violation of the User Agreement, or your violation of any rights of another.
11. NO COMMERCIAL REUSE OF Kaanoon
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion or use of, or access to, Kaanoon (including Content, advertisements, Software, and your Kaanoon User ID).
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Kaanoon may establish general practices and limits concerning use of Kaanoon, including without limitation the maximum number of days any uploaded Content will be retained by Kaanoon, the maximum number of email messages that may be sent from or received by an account on Kaanoon, the maximum size of any email message that may be sent from or received by an account on Kaanoon, and the maximum number of times (and the maximum duration for which) you may access Kaanoon in a given period of time. You agree that Kaanoon has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Kaanoon. You acknowledge that Kaanoon reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that Kaanoon reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO Kaanoon
Kaanoon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Kaanoon (or any part thereof) with or without notice. You agree that Kaanoon shall not be liable to you or to any third party for any modification, suspension or discontinuance of Kaanoon (or any part thereof).
You may terminate your Kaanoon account, any associated email address, and access to Kaanoon by submitting such termination request to Kaanoon.
You agree that Kaanoon may, without prior notice, immediately terminate, limit your access to or suspend your Kaanoon account, any associated email address, and access to Kaanoon. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to Kaanoon (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with Kaanoon. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Kaanoon's sole discretion and that Kaanoon shall not be liable to you or any third party for any termination of your account, any associated email address, or access to Kaanoon.
Termination of your Kaanoon account includes any or all of the following: (a) removal of access to all or part of the offerings within Kaanoon, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of Kaanoon.
Kaanoon may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Kaanoon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kaanoon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. Kaanoon'S PROPRIETARY RIGHTS
You acknowledge and agree that Kaanoon and any necessary software used in connection with Kaanoon ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through Kaanoon or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Kaanoon or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on Kaanoon, such Content or the Software, in whole or in part.
Kaanoon grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Kaanoon. You agree not to access Kaanoon by any means other than through the interface that is provided by Kaanoon for use in accessing Kaanoon.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Kaanoon AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Kaanoon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE Kaanoon; (b) HIRING A lawyer OR PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON Kaanoon; (c) THE COST OF HIRING A lawyer OR PROFESSIONAL BASED ON THE INFORMATION PRESENTED ON Kaanoon; (d) THE COST OF PROCUREMENT OF GOODS AND SERVICES BASED ON THE INFORMATION PRESENTED ON Kaanoon; (e) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (f) STATEMENTS OR CONDUCT OF ANY lawyer, PROFESSIONAL, USER, OR THIRD PARTY ON Kaanoon; (g) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (h) ANY OTHER MATTER RELATING TO Kaanoon.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Kaanoon may provide you with notices, including those regarding changes to the User Agreement, including by but not limited to email, regular mail, SMS, MMS, text message, postings on Kaanoon, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this User Agreement by accessing Kaanoon in an unauthorized manner. Your agreement to this User Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Kaanoon in an authorized manner.
21. TRADEMARK INFORMATION
You agree that all of Kaanoons trademarks, trade names, service marks, and other Kaanoon logos and brand features, and product and service names are trademarks and the property of kaanoon.com (the "Kaanoon Marks"). Without Kaanoon's prior permission, you agree not to display or use the Kaanoon Marks in any manner.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Kaanoon respects the intellectual property of others, and we ask our users to do the same. Kaanoon may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Kaanoon's Copyright Agent the following information:
Kaanoon's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, Kaanoon Corporation, 11790 Upland Way, Cupertino, CA 95014 USA
By email: email@example.com with subject: Copyright violation
23. GENERAL INFORMATION
Entire Agreement. The User Agreement constitutes the entire agreement between you and Kaanoon and governs your use of Kaanoon, superseding any prior version of this User Agreement between you and Kaanoon with respect to Kaanoon. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Kaanoon services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Kaanoon each agree that the User Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the User Agreement, or the relationship between you and Kaanoon, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Kaanoon agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Kaanoon to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Kaanoon account is non-transferable and any rights to your Kaanoon User ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Kaanoon or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the User Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of the User Agreement here.
Last updated November 1, 2013