THESE TERMS & CONDITIONS WERE LAST UPDATED ON 5th September, 2018
Access to and use of www.internationalbookofrecords.com, related sub-domains and counterpart sites in other languages internationally (the/ this “Site”) is provided by MidshotWorldWide Private Limited and is subject to certain terms and conditions.
USE OF THE SITE
This Site acts as an interactive and informational resource.Provided to you by Midshot worldwide Private Limited (“IB RECORDS” or “us” or “we” or “our”), in connection with our partners, service providers, advertisers, sponsors, or other affiliates (“Service Provider”). This Site consists of material, such as software, text, graphics, images, video, audio and other material (“Content”). Which we may own.
One must retain all copyright and other proprietary notices present in the original Content on any copy you make of the Content. One may not sell, transfer, assign, license, sub license, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
IB RECORDS’ INTELLECTUAL PROPERTY
All trademarks, copyright ,design rights, patents and other intellectual property rights (registered and unregistered) in and on the Site and all content (including all applications) located on the site shall remain vested in IB RECORDS or its licensors (which includes other users).
You cannot copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the Site’s content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Site’s content except for your own personal, non-commercial use. Any use of the Site’s content requires the prior written permission of IB RECORDS.
The names, images and logos identifying IB RECORDS or third parties and their products and services are subject to copyright, design rights and trademarks of IB RECORDS and/ or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trademark, design right or copyright of IB RECORDS or any other third party.
CONTRIBUTIONS TO THE SITE
The Site permits the submission of user-generated Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/ or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
You are solely responsible for User Content you submit (including, but not limited to graphics,text, photographs, video or audio) and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/ or warrant that:
Submitting the User Content to us to be published on the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Site and all of our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels whatsoever.
In addition to the foregoing licenses, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by any Service Provider.
You further agree in connection with the User Content, that you will not:
(i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(ii) Post advertisements or solicitations of business;
(iii) Publish falsehoods or misrepresentations that could damage us or any third party;
(iv) Impersonate another person;
(v) Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
We do not promote any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We can remove any Content or User Content without prior notice.
Do not take unnecessary risks or break any laws or endanger yourself or others, when creating content you may subsequently share with IB RECORDS. We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any User Content.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyright, you may submit a notification by providing our Copyright Agent (as defined below) with the following information in writing:
1. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
5. Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail; and
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
THE SITE COMMUNITIES
YOUR IB RECORDS ACCOUNT
You will have action taken against all of your accounts if you use multiple logins for the purpose of disrupting a community or annoying other users. Register with a valid email address that you access regularly so that moderation emails can be sent to you. Accounts will be closed without notice, if registered with someone else’s email address, or with temporary email addresses. If we believe that the user have been using an invalid email address we will require users to re-validate their account.
IB RECORDS reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple IB RECORDS accounts, or disrupts any of our services in any way.
You will not submit or share any defamatory or illegal material of any nature in the Site’s communities. This includes text, graphics, video, programs or audio. Contributing material to the Site’s community with the intention of committing or promoting an illegal act is strictly prohibited. You agree to submit to or share with the Site’s community’s only contributions, which are your own original work. You must not violate, plagiarize, or infringe the rights of IB RECORDS or third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
If you fail to abide by these Community Rules (and/ or any variations in relevant local house rules) when taking part in the Site’s community, you will be sent an email, which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules will result in action being taken against your account or accounts. A temporary or permanent suspension of your ability to participate in any or all of the Site’s community areas.
If you submit or share offensive or inappropriate content to or with any of the Site’s communities or anywhere else on the Site or otherwise engage in any disruptive behavior on the Site, and IB RECORDS considers such behavior to be serious and/ or repeated, IB RECORDS will use whatever information that is available to stop any further infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
IB RECORDS reserves the right to delete any contribution, or take action against any IB RECORDS account, at any time, for any reason.
IB RECORDS will never be responsible for any physical or mental injury of participant attempting to create record during and pre/post attempt. The participant of any age and gender is solely responsible for any physical, mental and any other type of injury to himself/herself. Participant under 18 years of age has to give the consent of parents/guardian on application.
We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
We, our affiliates, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability. We shall not be subject to liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the site and the content at your own risk.
The user content is created by the public. any views expressed are theirs and unless specifically stated are not those of IB Records. IB Records is not responsible for any content posted by members of the public on the site of for the availability or content of any third party sites that are accessible through the site. Any links to third party websites do not amount to an endorsement of that site and any use of that site by you is entirely at your own risk.
We do not warrant that the site will operate error free or that this site, its server, or the content is free of computer viruses or similar contamination or destructive features. If your use of the site or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.
The site and content are provided on an “as is” and “as available” basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchant ability, non-infringement of third parties’ rights, and fitness for particular purpose.
In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a we have been advised of the possibility of such damages.
Some places do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such places, our liability shall be limited to the greatest extent permitted by law.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be replaced by similar terms to the extent enforceable under the laws of the subject state or country. However, in the event no such similar terms are available then the applicable terms shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. The failure or delay of IB RECORDS to exercise or enforce any right in these terms does not waive IB RECORDS’ right to enforce that right.