Terms and Conditions
Silence Mind reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any Service, rendered under this Site or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of silencemind.com, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Silence Mind; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site/Service, including without limitation, the size, color, location or style of Silence Mind marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
Silencemind.com grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly, download or modify/alter/change/amend/vary/transform/revise/ translate/ copy/ publish/ distribute or otherwise disseminate SILENCEMIND.COM’s Site/Service, or any portion of it,. You are permitted to print or download extracts from these pages for your personal, non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.
SILENCEMIND.COM forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any information/content; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any third party; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the content/information/pages from this Site.
No part of the Site may be reproduced or transmitted to or stored in any other website, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish SILENCEMIND.COM material for distribution should be addressed to at E-Mail – firstname.lastname@example.org.
For availing the Services, rendered under this Site, registration by the visitor is required. To register for the Services of this Site, you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
To access these Services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:-
- Any other person sharing your account and Password;
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered as users of this Site; or
- Access through a single account and Password being made available to multiple users on a network.
- The User can unsubscribe/opt-out from our communications sent on Email anytime by clicking on the unsubscribe link at the bottom of the email sent by us.
If SILENCEMIND.COM reasonably believe that an account and Password is being used / misused in any manner, SILENCEMIND.COM shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SILENCEMIND.COM immediately of any unauthorized use of your account or any other breach of security. SILENCEMIND.COM will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by SILENCEMIND.COM or another party due to someone else using your account or password.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SILENCEMIND.COM server, or the network(s) connected to any SILENCEMIND.COM server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Material Posted/transmitted at SILENCEMIND.COM Site
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify SILENCEMIND.COM or its affiliates for all claims arising out of any content /Images that you post on the Site.
SILENCEMIND.COM accepts no responsibility for the said Content / Images, However, you understand that all Content / Images posted by you becomes the property of SILENCEMIND.COM and you agree to grant/assign to SILENCEMIND.COM and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”
In addition, you represent and warrant that:
- You have the full power and authority to enter into and perform under these Terms,
- You will comply with all applicable laws in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of the Site and
- You own or otherwise have all rights necessary to license the material/ content you submit and that the posting and use of your material / content by SILENCEMIND.COM will not infringe or violate the rights of any third party, whatsoever.
Exchange of Information CHAT & other Community Services
You represent that you are a responsible adult (18 years or above) and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may until the Service, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Site or Service and you shall be solely responsible for all Content/Images that you upload post or otherwise transmit.
SILENCEMIND.COM endeavors to provide a web platform for various community interactions for people to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, of Prurient interest, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.
Limitations of Liabilities
SILENCEMIND.COM merely endeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. SILENCEMIND.COM will not be responsible for any damage or harm resulting from your interactions with other users of the Site and it is only you who is entirely responsible for your interactions, content etc. SILENCEMIND.COM shall not assume liability;
- for any errors or omissions in any material / content , or
- for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or
- for any infringement of another’s rights, including intellectual property rights or
- for any content sent using and/or included in SILENCEMIND.COM’s site by any user.
Under no circumstances will SILENCEMIND.COM be held responsible or liable, in any way, for any content which in Legal opinion / SILENCEMIND.COM’s opinion and/or other user’s opinion is derogatory, threatening, lewd, lascivious, filthy, excessively violent, defamatory, obscene or offensive or offends public sensibilities or morals, etc and will SILENCEMIND.COM be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for 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 or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that SILENCEMIND.COM is not responsible for any content sent using and/or included in SILENCEMIND.COM’s site/service by any third party.
However, SILENCEMIND.COM reserve the right, but have no obligation, to monitor interactions between you and other users of the Site and take any other action in good faith to restrict access to or the availability of any material / content that it or another user of the Site may consider to be derogatory, threatening, lewd, lascivious, filthy, excessively violent, defamatory, obscene, offensive, offends public sensibilities or morals or otherwise objectionable. In addition, SILENCEMIND.COM may, in its sole and unfettered discretion, edit, remove or delete any material /content that you upload, post, transmit, submit or otherwise make available for uploading etc, within the Site.
Termination of Account
You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.
User Conduct, Obligations and Prohibited Activities
You hereby agree and assure SILENCEMIND.COM that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service indulge in the following prohibited activities:
- You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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.
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
- Delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- Not use the Site/Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any SILENCEMIND.COM’s server, or the network(s), computer systems / resource connected to any SILENCEMIND.COM server, or interfere with any other party’s use and enjoyment of the Site/Service;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
- Engage in any activity that causes / may harm minors; or
- Perform any activity which is likely to cause such harm;
- Impersonate any person or entity, including, but not limited to, SILENCEMIND.COM’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Take any action which encourages or consists of any threat of harm of any kind to any person or property;
- carry out any “denial of service” (DoS, & DontS) or any other harmful attacks on application or internet service or;
- Make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
- use the Site/Service for illegal purposes;
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any SILENCEMIND.COM website or the website of any SILENCEMIND.COM’s customer;
- transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
- collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
- engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.
- encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
- make any representation or warranty on behalf of SILENCEMIND.COM.
You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
- infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
- right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity;
- any confidentiality obligation.
In addition, Your right to use the Services is personal to You.. You agree not to resell or make any commercial use of the Services without the express written consent of SILENCEMIND.COM. You are solely responsible for the contents of Your transmissions through Our Website. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages).. You may not harvest information about users of SILENCEMIND.COM for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the SILENCEMIND.COM’s Web Sites.
Disclaimer of Warranties and Liability
Your use of the Site is at your own and sole risk. All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any content/ information/ service, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, etc., are disclaimed and excluded.
SILENCEMIND.COM and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SILENCEMIND.COM’s sites/services, with the delay or inability to use the SILENCEMIND.COM’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the SILENCEMIND.COM sites/services, or otherwise arising out of the use of the SILENCEMIND.COM sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by SILENCEMIND.COM as to the
- accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
- that the service will be uninterrupted, timely, secure, or error-free;
- any errors in any data or software will be corrected (e) non-infringement of the material / content posted on the Site including intellectual property rights.
If you access or transmit any material / content through the use of the Site, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions.
No data, information or advice obtained by you in oral or written form through the Site will create any warranty not expressly stated in these terms.
Links to Other Sites
Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain SILENCEMIND.COM’s-logo, please understand that it is independent from SILENCEMIND.COM, over whom SILENCEMIND.COM has no control or connection, business or otherwise as these sites are external to SILENCEMIND.COM. You agree and understand that by visiting such sites you are beyond SILENCEMIND.COM’s website. SILENCEMIND.COM, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the content/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or interaction/s on these site(s), as the same is provided on “as is” without warranty of any kind. SILENCEMIND.COM gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. SILENCEMIND.COM shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. SILENCEMIND.COM accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless SILENCEMIND.COM against all third party claims, demands and actions brought against SILENCEMIND.COM which arises from or relates to the material submitted by you.
SILENCEMIND.COM may send information and offer products and services to you from time to time.. Notwithstanding the foregoing, SILENCEMIND.COM reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to SILENCEMIND.COM.
Further, SILENCEMIND.COM can (and you authorize SILENCEMIND.COM to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
You agree to defend, indemnify and hold SILENCEMIND.COM harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys fees, incurred in connection with any suit or proceeding brought against SILENCEMIND.COM arising out of your use of the Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify SILENCEMIND.COM, SILENCEMIND.COM will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether SILENCEMIND.COM wishes to settle it, and if so, on what terms.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and SILENCEMIND.COM and you shall have no authority to bind SILENCEMIND.COM in any manner, whatsoever.
SILENCEMIND.COM shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.
Limited time to bring your claim
You and SILENCEMIND.COM agree that any cause of action arising out of or related to the SILENCEMIND.COM’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
By using SILENCEMIND.COM’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of SILENCEMIND.COM sites. We reserve the right, to modify this Privacy Statement at any time.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Notice of Copyright Infringement
SILENCEMIND.COM is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement.
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party.
- A statement that the complaining party has 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.
- A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
All notices shall be sent in English language only.
This disclaimer/terms of service notification is subject to change without notice.