Terms of Use

By accessing, browsing, subscribing or otherwise using the Website or any of our Services, indicates that you are in agreement that you have read, understood and are bound by the Terms, regardless of how you subscribe to any Services or use the Website. By impliedly or implicitly or expressly accepting these Terms, you also accept and agree to be bound by Website Policies (including but not limited to Privacy Policy available on http://www.yayawar.com/privacy-policy/) as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our Services or Website. In these Terms, references to “you”, “User” (the person or any legal entity) shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean www.yayawar.com or yayawar.com

Introduction

www.yayawar.com or yayawar.com website (“Website”) is an Internet based content portal owned and operated by Mr. Neeraj Sinha. Website may has various branches or platforms collectively forming the Website and all are owned and operated by M/S Neeraj Sinha. All these branches or platforms under Website share these Terms collectively and these Terms are equally applicable for each of these branches or platforms. “Yayawar – Aawaara Kahin Ka Nahin!” is same as “www.yayawar.com” or “yayawar.com” wherever it is referred or termed in Website as well as in these Terms. The term “Author” is used for person contributing content to the Website as articles or posting content as Posts or Topics or Comments at his or her own will, consent, happiness and for free. The Author, under any circumstances shall not expect any kind of remuneration, salary, payment, fee, wage, reward or benefit against or for it from Website or Mr. Neeraj Sinha. Use of this Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. We at our sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

Communications

When You use Website or send e-mails to us or give us your feedback or share data or share information, you understand that you are communicating with us electronically. You consent to receive such communications from us electronically as and when required. We will communicate with you by e-mail or by posting notices on this website. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

User / Membership Eligibility and User Limitations

The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian for using this Website as well as Services. The User agrees and undertakes not to reverse engineer, modify, hack, transmit, display, perform, copy, distribute, reproduce, publish, license, transfer, create derivative works from, or sell any information or documents or products or software obtained from the Website. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

Use of Website, User Conduct & Rules

You agree, undertake and confirm that Your use of Website including the Services shall be strictly governed by the following binding principles:

1. You shall not publish, post, upload, distribute, disseminate, host, display, modify, transmit, update or share any information which:
   • is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
   • contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
   • contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
   • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred or physical harm of any kind against any group or individual;
   • is false, in accurate, misleading in any format or way or impersonate another person;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
   • promotes illegal activities or conduct that is obscene, abusive, threatening, libelous or defamatory;
   • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
   • contains video, photographs, or images of another person (with a minor or an adult) unless having consent from the person appearing in the them;
   • harass, stalk, defame, abuse, threaten or otherwise violate the legal rights of others.
2. You understand and agree to receive any promotional e-mailers and SMSs from us;
3. You understand and agree that access to this Website does not authorize you to use any name, logo or mark in any manner;
4. You shall not conduct or forward surveys, contests, pyramid schemes or chain letters;
5. You shall not download any file posted by another user of a Website or any Services, that you know, or reasonably should know, cannot be legally distributed in such manner;
6. You shall not delete or falsify any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
7. You shall not violate any code of conduct or other guidelines, which may be applicable for or to our Services or use of this Website;
8. You shall not violate any applicable laws or regulations for the time being in force in or outside India; and
9. You shall not violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of our Services and this Website contained elsewhere herein.

We reserve the right, but has no obligation, to monitor the Content (including third party links or external links) posted on the Website. We shall have the right to remove or edit any Content (including third party links or external links) that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT (including third party links or external links) YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content (including third party links or external links) posted does not necessarily reflect Our views or endorsement. In no event shall we assume or have any responsibility or liability for any Content (including third party links or external links) posted or for any claims, damages or losses resulting from use of Content (including third party links or external links) and/or appearance of Content (including third party links or external links) on the Website or its Services. You hereby represent and warrant that You have all necessary rights in and to all Content (including third party links or external links) which You provide and all information it contains and that such Content (including third party links or external links) shall not infringe any proprietary or other rights of third parties or contain any libelous or otherwise unlawful information.

We reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.

Disclaimer Of Warranties and Liability

All efforts have been made to ensure that all the information on the Website is correct, but this does not purport to warrant or make any representations regarding the quality, accuracy or completeness of any data, information, product or service. We does not warrant that this Website is complete, true, accurate or non-misleading and will be constantly available, or available at all. In no event shall the Website or Mr. Neeraj Sinha or any author on the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

• 1) the use or the inability to use the Website or Services;
• 2) unauthorized access to or alteration of the user’s transmissions or data;
• 3) any other matter relating to the website and services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Services. Neither shall the Website be responsible for the delay or inability to use the Website or related Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
• 4) any Content (including third party links or external links) posted on the Website.

The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data or loss in any other means not stated here. We do not warrant that this Website; information, Content (including third party links or external links), materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the Content (including third party links or external links) which you submit or otherwise authorized to use the Content (including third party links or external links) and that the Content (including third party links or external links) does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any Content (including third party links or external links), including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered. The User agrees to provide authentic and true information. We reserves the right to confirm and validate the information and other details provided by the User at any point of time.

External or Third Party Hyperlinks / Links

The Website may contain links or hyperlinks to other third party websites or external websites (“Linked Sites”) which could be posted by Authors, Users and even us. The Linked Sites are not under the control of the Website and the Website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. You are requested and responsible to verify the accuracy of all such information on their own before using any such information or availing benefits out of it for yourself. In no event shall we assume or have any responsibility or liability for any Linked Sites posted or for any claims, damages or losses resulting from use of Linked Sites and/or appearance of Linked Sites on the Website or its Services.

Content on Website

Except as expressly provided in these Terms, no part of the Website and no Content from Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

Yayawar.com and it’s content by Yayawar is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. ALL THE CONTENT ON OUR WEBSITE INCLUDING IMAGES ARE EXCLUSIVE PROPERTY OF WWW.YAYAWAR.COM AND ARE PROTECTED BY COPYRIGHT LAWS. THIS CONTENT CANNOT BE PUBLISHED ON ANY OTHER ONLINE AND OFFLINE MEDIA WITHOUT TAKING WRITTEN PERMISSION FROM WWW.YAYAWAR.COM. IF ANY ENTITY OR PERSON IS FOUND TO BE USING THIS CONTENT WITHOUT OUR PRIOR CONSENT, WWW.YAYAWAR.COM WILL TAKE NECESSARY LEGAL ACTIONS TO REMEDY THE MISUSE.

Indemnity

You agree to indemnify, defend and hold harmless the Website, www.yayawar.com, its owners, directors, licensee, officers, affiliates, agents, employees, and their successors, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by them that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Termination from Use of Website or Services

You may be suspended or terminated from using the Website or any Services if we believe, in our sole and absolute discretion that you have breached a term of these Terms. Notwithstanding anything herein to the contrary, these Terms will survive indefinitely. If upon confirmation User details are found not to be true (wholly or partly), Website has the right in its sole discretion to reject the registration and debar the User from using the Services available at this Website, and /or other affiliated websites without prior intimation whatsoever.

Applicable Law

These terms shall be governed by and interpreted and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Interpretation Of Number and Genders

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “here-under” and words of similar import refer to the Terms as a whole.

Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceable shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

IN NO EVENT SHALL THE WEBSITE, WWW.YAYAWAR.COM OR ITS OWNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

For any other query which is still left unanswered for you, please write an email to yayawarvagabond@gmail.com

This document was last updated on October 26, 2020