Terms and Conditions

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR AVAILING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

AT THE OUTSET, IT IS CLARIFIED THAT WE DO NOT GUARANTEE THAT THIS WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THIS WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

YOU ACKNOWLEDGE THAT THIS WEBSITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THIS WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

I. Introduction:

a. LeadThink is aimed at providing a platform to professionals, managers, executives, corporate leaders, business owners, start-up founders to network and market their expertise, experience, skills and knowledge through Electronic media, mainly the Internet. The services are provided by LeadThink Social Media Ventures Pvt Ltd through their web-based portal http://www.leadthink.org (the "Service"). These "Terms and Conditions" between you and LeadThink Social Media Ventures Pvt Ltd sets out the duties and responsibilities associated with the use of the Services and the Website.

b. You are solely responsible for all access to and use of the Service including any breach of these terms and conditions by you or any user of your device(s). For the purposes of these terms and conditions, "you" means you and every person you authorize to use the Service. By accessing the Service, you agree to the terms and conditions contained in these terms and conditions.

c. These terms and conditions govern your use of http://www.leadthink.org (hereinafter referred to as ‘this Website’). By using this Website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.

d. You acknowledge that you shall be liable to make payment for having access to the chargeable services and agree to pay the same.

e. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will alert you that changes or revisions have been made by indicating on the top of this Agreement, the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website.

f. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.

II. License to use Website:

a. You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions and on payment of such amounts as may be required for the said purpose.

b. You must not:
— sell, rent or sub-license material from the website;
— reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
— edit or otherwise modify any material on the Website;
— redistribute material from this Website, except for content specifically and expressly made available for redistribution; or
— republish or reproduce any part of this Website through the use of iframes or screen scrapers


III. Intellectual property rights:

a. Unless otherwise stated, this Website and its contents including the videos, and other material shall be the intellectual property rights of LeadThink Social Media Ventures Pvt Ltd. (hereinafter also referred as “We” or “Owners”). Subject to the license below, all the intellectual property rights are reserved.

b. We have proprietary rights and trade secrets in the Services, contents uploaded on the Website. You may not copy, reproduce, resell or redistribute any document, or render any service in a manner similar to us. We also have the rights to all the trademarks and specific layouts of this webpage, including calls to action, text placement, images and other information. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use.

IV. Acceptable use:

a. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of its availability or its accessibility or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

b. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

c. You must not conduct any systematic or automated data collection activities on or in relation to this website without our express written consent. This includes:
— scraping
— data mining
— data extraction
— data harvesting
— ‘framing’ (iframes)
— Article ‘spinning’


d. You must not use this Website or any part of it to transmit or send unsolicited communications of any kind.

e. You must not use this Website for any purposes related to marketing without our express written consent.

V. Restricted access:

a. Access to certain areas of this Website is restricted. We reserve the right to restrict access to certain areas of this Website, or at our discretion, this entire Website. We may change or modify this policy without notice.

b. If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

c. We may disable your user ID and password at our sole discretion without notice or explanation.

VI. User content :

a. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

b. You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

c. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or a third party (in each case under any applicable law).

d. You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

e. We reserve the right to edit or remove any material submitted to this Website, or stored on the servers of this Website, or hosted or published upon this Website.

f. Our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

VII. No warranties:

a. This Website is provided “as is” without any representations or warranties, expressed or implied. We make no representations or warranties in relation to this Website or the information and materials provided on this Website. The case histories, the video contents, interviews, utterances, etc. are opinions/views/life sketches and experiences of the subject of the video and the owners of this Website do not vouch for the truth or veracity of its contents.

b. Without prejudice to the generality of the foregoing paragraph, we do not warrant that this Website will be constantly available, or available at all.

c. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

VIII. Limitations of liability:

We will not be liable to you in law in relation to the contents of, or use of, or otherwise in connection with, this Website:
— to the extent that the Website is provided free-of-charge, for any direct loss;
— for any indirect, special or consequential loss; or
— for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.


IX. Reasonableness:

a. By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.

b. If you do not think they are reasonable, you must not use this Website.

X. Other parties:

a. You accept that, as a corporation, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website.

b. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.

XI. Unenforceable provisions:

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

XII. Limitation of Liability:

A. In the event of any breach committed by us, our affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to terminate your access to the Services. Other than the foregoing remedy, under no circumstances shall LeadThink, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these terms and conditions, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.

XIII. Indemnity:

You will release, indemnify, defend and hold us harmless, and any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to us. When this Website is threatened with sued by a third party, we may seek written assurances from you concerning your promise to indemnify this Website; your failure to provide such assurances may be considered to be a material breach of this Agreement. We will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with the counsel of our choice at your expense. We will, if and when found necessary, reasonably cooperate in any defence arising out of or in connection with this Agreement in your legal proceeding, if any, against a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must give us prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

XIV. Breach of these terms and conditions:

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

XV. Variation:

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.

XVI. Assignment:

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

XVII. Severability:

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

XVIII. GENERAL :

a. Force Majeure: We will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

b. Cessation of Operation: We may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and preferment of its services.

c. Entire Agreement: This Agreement comprises the entire agreement between us. Any such further agreement entered into between yourself and us will be read in consonance with this agreement and not in derogation of it.

d. Effect of Waiver: Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

XIX. Statute of Limitation:

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 the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XX. Law and jurisdiction:

This Website originates from the Mumbai, Maharashtra. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor any subscriber will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Mumbai, Maharashtra. By using this Website or any services in pursuance thereof, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

BY USING THIS WEBSITE OR AVAILING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.