69 |
Website Terms of Use
70 |
71 |
Version 1.0
72 |
73 |
The Common Entry Test website located at https://cet.codechefvit.com is a copyrighted work belonging to
74 | CodeChef-VIT. Certain features of the Site may be subject to additional guidelines, terms, or rules,
75 | which will be posted on the Site in connection with such features.
76 |
77 |
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
78 |
79 |
These Terms of Use described the legally binding terms and conditions that oversee your use of the
80 | Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have
81 | the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS
82 | THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
83 |
84 |
85 |
These terms require the use of arbitration Section 10.2 on an individual basis to resolve
86 | disputes and also limit the remedies available to you in the event of a dispute.
87 |
88 |
89 |
Access to the Site
90 |
91 |
Subject to these Terms. Company grants you a non-transferable, non-exclusive,
92 | revocable, limited license to access the Site solely for your own personal, noncommercial use.
93 |
94 |
95 |
Certain Restrictions. The rights approved to you in these Terms are subject to
96 | the following restrictions:
(a) you shall not sell, rent, lease, transfer, assign,
97 | distribute,
98 | host, or otherwise commercially exploit the Site;
(b) you shall not change, make derivative
99 | works of, disassemble, reverse compile or reverse engineer any part of the Site;
(c) you
100 | shall
101 | not access the Site in order to build a similar or competitive website; and
(d) except as
102 | expressly stated herein, no part of the Site may be copied, reproduced, distributed,
103 | republished, downloaded, displayed, posted or transmitted in any form or by any means unless
104 | otherwise indicated, any future release, update, or other addition to functionality of the Site
105 | shall be subject to these Terms.
All copyright and other proprietary notices on the
106 | Site must
107 | be retained on all copies thereof.
108 |
109 |
Company reserves the right to change, suspend, or cease the Site with or without notice to you.
110 | You approved that Company will not be held liable to you or any third-party for any change,
111 | interruption, or termination of the Site or any part.
112 |
113 |
No Support or Maintenance. You agree that Company will have no obligation to
114 | provide you with any support in connection with the Site.
115 |
116 |
Excluding any User Content that you may provide, you are aware that all the intellectual property
117 | rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its
118 | content are owned by Company or Company’s suppliers. Note that these Terms and access to the
119 | Site do not give you any rights, title or interest in or to any intellectual property rights,
120 | except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve
121 | all rights not granted in these Terms.
122 |
123 |
User Content
124 |
125 |
User Content. "User Content" means any and all information and content that a
126 | user submits to the Site. You are exclusively responsible for your User Content. You bear all
127 | risks associated with use of your User Content. You hereby certify that your User Content does
128 | not violate our Acceptable Use Policy. You may not represent or imply to others that your User
129 | Content is in any way provided, sponsored or endorsed by Company. Because you alone are
130 | responsible for your User Content, you may expose yourself to liability. Company is not obliged
131 | to backup any User Content that you post; also, your User Content may be deleted at any time
132 | without prior notice to you. You are solely responsible for making your own backup copies of
133 | your User Content if you desire.
134 |
135 |
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide
136 | license to reproduce, distribute, publicly display and perform, prepare derivative works of,
137 | incorporate into other works, and otherwise use and exploit your User Content, and to grant
138 | sublicenses of the foregoing rights, solely for the purposes of including your User Content in
139 | the Site. You hereby irreversibly waive any claims and assertions of moral rights or
140 | attribution with respect to your User Content.
141 |
142 |
Acceptable Use Policy. The following terms constitute our "Acceptable Use
143 | Policy":
144 | You agree not to use the Site to collect, upload, transmit, display, or distribute any User
145 | Content
(i) that violates any third-party right or any intellectual property or proprietary
146 | right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive
147 | of
148 | another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,
149 | pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of
150 | any kind against any group or individual;
(iii) that is harmful to minors in any way; or
151 |
(iv)
152 | that is in violation of any law, regulation, or obligations or restrictions imposed by any third
153 | party.
154 |
155 |
In addition, you agree not to:
(i) upload, transmit, or distribute to or through the Site
156 | any
157 | software intended to damage or alter a computer system or data;
(ii) send through the Site
158 | unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters,
159 | pyramid schemes, or any other form of duplicative or unsolicited messages;
(iii) use the
160 | Site to
161 | harvest, collect, gather or assemble information or data regarding other users without their
162 | consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks
163 | connected to the Site, or violate the regulations, policies or procedures of such networks; (v)
164 | attempt to gain unauthorized access to the Site, whether through password mining or any other
165 | means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use
166 | software or automated agents or scripts to produce multiple accounts on the Site, or to generate
167 | automated searches, requests, or queries to the Site.
168 |
169 |
We reserve the right to review any User Content, and to investigate and/or take appropriate
170 | action against you in our sole discretion if you violate the Acceptable Use Policy or any other
171 | provision of these Terms or otherwise create liability for us or any other person. Such action
172 | may include removing or modifying your User Content, terminating your Account in accordance with
173 | Section 8, and/or reporting you to law enforcement authorities.
174 |
175 |
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to
176 | Company all rights in such Feedback and agree that Company shall have the right to use and fully
177 | exploit such Feedback and related information in any manner it believes appropriate. Company
178 | will treat any Feedback you provide to Company as non-confidential and non-proprietary.
179 |
180 |
You agree to indemnify and hold Company and its officers, employees, and agents harmless,
181 | including costs and attorneys’ fees, from any claim or demand made by any third-party due to or
182 | arising out of
(a) your use of the Site,
(b) your violation of these Terms,
(c) your
183 | violation
184 | of applicable laws or regulations or
(d) your User Content.
Company reserves the
185 | right to
186 | assume the exclusive defense and control of any matter for which you are required to indemnify
187 | us, and you agree to cooperate with our defense of these claims. You agree not to settle any
188 | matter without the prior written consent of Company. Company will use reasonable efforts to
189 | notify you of any such claim, action or proceeding upon becoming aware of it.
190 |
191 |
Third-Party Links & Ads; Other Users
192 |
193 |
Third-Party Links & Ads. The Site may contain links to third-party websites and
194 | services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not
195 | under the control of Company, and Company is not responsible for any Third-Party Links & Ads.
196 | Company provides access to these Third-Party Links & Ads only as a convenience to you, and does
197 | not review, approve, monitor, endorse, warrant, or make any representations with respect to
198 | Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply
199 | a suitable level of caution and discretion in doing so. When you click on any of the Third-Party
200 | Links & Ads, the applicable third party’s terms and policies apply, including the third party’s
201 | privacy and data gathering practices.
202 |
203 |
Other Users. Each Site user is solely responsible for any and all of its own
204 | User Content. Because we do not control User Content, you acknowledge and agree that we are not
205 | responsible for any User Content, whether provided by you or by others. You agree that Company
206 | will not be responsible for any loss or damage incurred as the result of any such interactions.
207 | If there is a dispute between you and any Site user, we are under no obligation to become
208 | involved.
209 |
210 |
You hereby release and forever discharge the Company and our officers, employees, agents,
211 | successors, and assigns from, and hereby waive and relinquish, each and every past, present and
212 | future dispute, claim, controversy, demand, right, obligation, liability, action and cause of
213 | action of every kind and nature, that has arisen or arises directly or indirectly out of, or
214 | that relates directly or indirectly to, the Site. If you are a California resident, you hereby
215 | waive California civil code section 1542 in connection with the foregoing, which states: "a
216 | general release does not extend to claims which the creditor does not know or suspect to exist
217 | in his or her favor at the time of executing the release, which if known by him or her must have
218 | materially affected his or her settlement with the debtor."
219 |
220 |
Cookies and Web Beacons. Like any other website, Common Entry Test uses
221 | ‘cookies’. These cookies are used to store information including visitors’ preferences, and the
222 | pages on the website that the visitor accessed or visited. The information is used to optimize
223 | the users’ experience by customizing our web page content based on visitors’ browser type and/or
224 | other information.
225 |
226 |
227 |
228 |
Disclaimers
229 |
230 |
The site is provided on an "as-is" and "as available" basis, and company and our suppliers
231 | expressly disclaim any and all warranties and conditions of any kind, whether express, implied,
232 | or statutory, including all warranties or conditions of merchantability, fitness for a
233 | particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers
234 | make not guarantee that the site will meet your requirements, will be available on an
235 | uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of
236 | viruses or other harmful code, complete, legal, or safe. If applicable law requires any
237 | warranties with respect to the site, all such warranties are limited in duration to ninety (90)
238 | days from the date of first use.
239 |
240 |
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may
241 | not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty
242 | lasts, so the above limitation may not apply to you.
243 |
244 |
Limitation on Liability
245 |
246 |
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to
247 | you or any third-party for any lost profits, lost data, costs of procurement of substitute
248 | products, or any indirect, consequential, exemplary, incidental, special or punitive damages
249 | arising from or relating to these terms or your use of, or incapability to use the site even if
250 | company has been advised of the possibility of such damages. Access to and use of the site is
251 | at your own discretion and risk, and you will be solely responsible for any damage to your
252 | device or computer system, or loss of data resulting therefrom.
253 |
254 |
To the maximum extent permitted by law, notwithstanding anything to the contrary contained
255 | herein, our liability to you for any damages arising from or related to this agreement, will at
256 | all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than
257 | one claim will not enlarge this limit. You agree that our suppliers will have no liability of
258 | any kind arising from or relating to this agreement.
259 |
260 |
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
261 | consequential damages, so the above limitation or exclusion may not apply to you.
262 |
263 |
Term and Termination. Subject to this Section, these Terms will remain in full
264 | force and effect while you use the Site. We may suspend or terminate your rights to use the
265 | Site at any time for any reason at our sole discretion, including for any use of the Site in
266 | violation of these Terms. Upon termination of your rights under these Terms, your Account and
267 | right to access and use the Site will terminate immediately. You understand that any
268 | termination of your Account may involve deletion of your User Content associated with your
269 | Account from our live databases. Company will not have any liability whatsoever to you for any
270 | termination of your rights under these Terms. Even after your rights under these Terms are
271 | terminated, the following provisions of these Terms will remain in effect: Sections 2 through
272 | 2.5, Section 3 and Sections 4 through 10.
273 |
274 |
Copyright Policy.
275 |
276 |
Company respects the intellectual property of others and asks that users of our Site do the
277 | same. In connection with our Site, we have adopted and implemented a policy respecting
278 | copyright law that provides for the removal of any infringing materials and for the termination
279 | of users of our online Site who are repeated infringers of intellectual property rights,
280 | including copyrights. If you believe that one of our users is, through the use of our Site,
281 | unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing
282 | material removed, the following information in the form of a written notification (pursuant to
283 | 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
284 |
285 |
286 | - your physical or electronic signature;
287 | - identification of the copyrighted work(s) that you claim to have been infringed;
288 | - identification of the material on our services that you claim is infringing and that you
289 | request us to remove;
290 | - sufficient information to permit us to locate such material;
291 | - your address, telephone number, and e-mail address;
292 | - a statement that you have a good faith belief that use of the objectionable material is not
293 | authorized by the copyright owner, its agent, or under the law; and
294 | - a statement that the information in the notification is accurate, and under penalty of
295 | perjury, that you are either the owner of the copyright that has allegedly been infringed or
296 | that you are authorized to act on behalf of the copyright owner.
297 |
298 |
299 |
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a
300 | written notification automatically subjects the complaining party to liability for any damages,
301 | costs and attorney’s fees incurred by us in connection with the written notification and
302 | allegation of copyright infringement.
303 |
304 |
General
305 |
306 |
These Terms are subject to occasional revision, and if we make any substantial changes, we may
307 | notify you by sending you an e-mail to the last e-mail address you provided to us and/or by
308 | prominently posting notice of the changes on our Site. You are responsible for providing us
309 | with your most current e-mail address. In the event that the last e-mail address that you have
310 | provided us is not valid our dispatch of the e-mail containing such notice will nonetheless
311 | constitute effective notice of the changes described in the notice. Any changes to these Terms
312 | will be effective upon the earliest of thirty (30) calendar days following our dispatch of an
313 | e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes
314 | on our Site. These changes will be effective immediately for new users of our Site. Continued
315 | use of our Site following notice of such changes shall indicate your acknowledgement of such
316 | changes and agreement to be bound by the terms and conditions of such changes.
317 | Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your
318 | contract with Company and affects your rights. It contains procedures for MANDATORY BINDING
319 | ARBITRATION AND A CLASS ACTION WAIVER.
320 |
321 |
Applicability of Arbitration Agreement. All claims and disputes in connection
322 | with the Terms or the use of any product or service provided by the Company that cannot be
323 | resolved informally or in small claims court shall be resolved by binding arbitration on an
324 | individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all
325 | arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and
326 | the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest,
327 | successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of
328 | services or goods provided under the Terms.
329 |
330 |
Notice Requirement and Informal Dispute Resolution. Before either party may seek
331 | arbitration, the party must first send to the other party a written Notice of Dispute describing
332 | the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company
333 | should be sent to: Vellore Institute of Technology, Vellore. Vellore- 632014.. After the Notice
334 | is received, you and the Company may attempt to resolve the claim or dispute informally. If you
335 | and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is
336 | received, either party may begin an arbitration proceeding. The amount of any settlement offer
337 | made by any party may not be disclosed to the arbitrator until after the arbitrator has
338 | determined the amount of the award to which either party is entitled.
339 |
340 |
Arbitration Rules. Arbitration shall be initiated through the American
341 | Arbitration Association, an established alternative dispute resolution provider that offers
342 | arbitration as set forth in this section. If AAA is not available to arbitrate, the parties
343 | shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern
344 | all aspects of the arbitration except to the extent such rules are in conflict with the Terms.
345 | The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or
346 | by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral
347 | arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten
348 | Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based
349 | arbitration, at the option of the party seeking relief. For claims or disputes where the total
350 | amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a
351 | hearing will be determined by the Arbitration Rules. Any hearing will be held in a location
352 | within 100 miles of your residence, unless you reside outside of the United States, and unless
353 | the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the
354 | parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the
355 | award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the
356 | arbitrator grants you an award that is greater than the last settlement offer that the Company
357 | made to you prior to the initiation of arbitration, the Company will pay you the greater of the
358 | award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the
359 | arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
360 |
361 |
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
362 | arbitration is elected, the arbitration shall be conducted by telephone, online and/or based
363 | solely on written submissions; the specific manner shall be chosen by the party initiating the
364 | arbitration. The arbitration shall not involve any personal appearance by the parties or
365 | witnesses unless otherwise agreed by the parties.
366 |
367 |
Time Limits. If you or the Company pursues arbitration, the arbitration action
368 | must be initiated and/or demanded within the statute of limitations and within any deadline
369 | imposed under the AAA Rules for the pertinent claim.
370 |
371 |
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide
372 | the rights and liabilities of you and the Company, and the dispute will not be consolidated with
373 | any other matters or joined with any other cases or parties. The arbitrator shall have the
374 | authority to grant motions dispositive of all or part of any claim. The arbitrator shall have
375 | the authority to award monetary damages, and to grant any non-monetary remedy or relief
376 | available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator
377 | shall issue a written award and statement of decision describing the essential findings and
378 | conclusions on which the award is based. The arbitrator has the same authority to award relief
379 | on an individual basis that a judge in a court of law would have. The award of the arbitrator
380 | is final and binding upon you and the Company.
381 |
382 |
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
383 | STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing
384 | that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
385 | Arbitration procedures are typically more limited, more efficient and less expensive than rules
386 | applicable in a court and are subject to very limited review by a court. In the event any
387 | litigation should arise between you and the Company in any state or federal court in a suit to
388 | vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A
389 | JURY TRIAL, instead electing that the dispute be resolved by a judge.
390 |
391 |
Waiver of Class or Consolidated Actions. All claims and disputes within the
392 | scope of this arbitration agreement must be arbitrated or litigated on an individual basis and
393 | not on a class basis, and claims of more than one customer or user cannot be arbitrated or
394 | litigated jointly or consolidated with those of any other customer or user.
395 |
396 |
Confidentiality. All aspects of the arbitration proceeding shall be strictly
397 | confidential. The parties agree to maintain confidentiality unless otherwise required by law.
398 | This paragraph shall not prevent a party from submitting to a court of law any information
399 | necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or
400 | equitable relief.
401 |
402 |
Severability. If any part or parts of this Arbitration Agreement are found under
403 | the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific
404 | part or parts shall be of no force and effect and shall be severed and the remainder of the
405 | Agreement shall continue in full force and effect.
406 |
407 |
Right to Waive. Any or all of the rights and limitations set forth in this
408 | Arbitration Agreement may be waived by the party against whom the claim is asserted. Such
409 | waiver shall not waive or affect any other portion of this Arbitration Agreement.
410 |
411 |
Survival of Agreement. This Arbitration Agreement will survive the termination
412 | of your relationship with Company.
413 |
414 |
Small Claims Court. Nonetheless the foregoing, either you or the Company may
415 | bring an individual action in small claims court.
416 |
417 |
Emergency Equitable Relief. Anyhow the foregoing, either party may seek
418 | emergency equitable relief before a state or federal court in order to maintain the status quo
419 | pending arbitration. A request for interim measures shall not be deemed a waiver of any other
420 | rights or obligations under this Arbitration Agreement.
421 |
422 |
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
423 | defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation
424 | of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this
425 | Arbitration Agreement.
426 |
427 |
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in
428 | court, the parties hereby agree to submit to the personal jurisdiction of the courts located
429 | within Netherlands County, California, for such purposes.
430 |
431 |
The Site may be subject to U.S. export control laws and may be subject to export or import
432 | regulations in other countries. You agree not to export, re-export, or transfer, directly or
433 | indirectly, any U.S. technical data acquired from Company, or any products utilizing such data,
434 | in violation of the United States export laws or regulations.
435 |
436 |
Company is located at the address in Section 10.8. If you are a California resident, you may
437 | report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the
438 | California Department of Consumer Affairs by contacting them in writing at 400 R Street,
439 | Sacramento, CA 95814, or by telephone at (800) 952-5210.
440 |
441 |
Electronic Communications. The communications between you and Company use
442 | electronic means, whether you use the Site or send us emails, or whether Company posts notices
443 | on the Site or communicates with you via email. For contractual purposes, you
(a) consent to
444 | receive communications from Company in an electronic form; and
(b) agree that all terms and
445 | conditions, agreements, notices, disclosures, and other communications that Company provides to
446 | you electronically satisfy any legal obligation that such communications would satisfy if it
447 | were be in a hard copy writing.
448 |
449 |
Entire Terms. These Terms constitute the entire agreement between you and us
450 | regarding the use of the Site. Our failure to exercise or enforce any right or provision of
451 | these Terms shall not operate as a waiver of such right or provision. The section titles in
452 | these Terms are for convenience only and have no legal or contractual effect. The word
453 | "including" means "including without limitation". If any provision of these Terms is held to be
454 | invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid
455 | or unenforceable provision will be deemed modified so that it is valid and enforceable to the
456 | maximum extent permitted by law. Your relationship to Company is that of an independent
457 | contractor, and neither party is an agent or partner of the other. These Terms, and your rights
458 | and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred
459 | by you without Company’s prior written consent, and any attempted assignment, subcontract,
460 | delegation, or transfer in violation of the foregoing will be null and void. Company may freely
461 | assign these Terms. The terms and conditions set forth in these Terms shall be binding upon
462 | assignees.
463 |
464 |
Your Privacy. Please read our Privacy Policy.
465 |
466 |
Copyright/Trademark Information. Copyright ©. All rights reserved. All
467 | trademarks, logos and service marks displayed on the Site are our property or the property of
468 | other third-parties. You are not permitted to use these Marks without our prior written consent
469 | or the consent of such third party which may own the Marks.
470 |
471 |
Contact Information
472 |
473 |
Address: Vellore Institute of Technology, Vellore. Vellore- 632014.
474 |
Email: codechefvit@gmail.com
475 |
476 |
479 |
480 |
481 |