Welcome to www.heartlandanalyst.com, operated by Heartland Analyst, located in Kolkata, West Bengal, India (“Operator”, “we”, “our”, or “us”). The Website enables visitors to the Website (“you”, or “your”) to read articles and opinions on different subjects. These Terms of Use (the “Agreement”) sets forth the terms and conditions which govern your use of the Website.
1. Please read this Agreement carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you are not a minor in your state of residence, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use this Website and/or become a member.
2. Operator reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. If you do not agree to the new terms, please stop using the Service.
3. Guest Contribution
3.1. As a Guest contributor (“You”) agree to allow Operator to publish original articles written by You (the “Posts”) on the website. You grant non-exclusive, worldwide right to publish on the Website, syndicate, and distribute all or a portion of the Posts in any language, worldwide.
3.2. You grant the right to use Your name, likeness, information about You, and the logo of Your web site, if applicable, in connection with the Posts.
3.3. Except for the rights granted in this agreement, You retain all rights, including copyright, in the Posts.
3.4. You represent and warrant that You have the right to grant these rights; that the Posts are original; that they do not knowingly contain any untrue statements, invade any right of privacy, or infringe upon any statutory or common law copyright or otherwise violate the rights of any third party; and that all statements in the Posts that are asserted as facts are true and/or based upon reasonable research for accuracy.
3.5. You agree to take full responsibility in the defense of any legal action brought against Operatorfrom the publication of the Posts. You agree to reveal to the Operator any actual or potential conflict of interest, including but not limited to any financial interest in any product, firm, or commercial venture relating to the subject of the Posts. Operator reserves the right to remove from the Website any of the Posts that violate its publishing standards.
3.6. Operator may illustrate the Posts. You grant the Operator the right to carry out minor edits for publication.
3.7. By submitting posts, You indicate acceptance of these terms.
4. Submissions
4.1. Submissions; Monitoring. The Website provides original commentary, news, tips and trends. The Website also enables you to post comments and other content to the Website (“Submissions”). We believe that the Website facilitates communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. We respect your ownership of and responsibility for the content you wish to share. You acknowledge and agree that Operator does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submission that you post to the Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission. You agree that you shall immediately notify Operator in writing of any objectionable Submissions or other content appearing on the Website.
4.2. Accurate Information. In order to make use of certain functionality on the Website, you will need to provide us with certain of your personally identifiable information (“PII”), such as your name and email address. You agree to provide us with accurate, complete and current information at all times. You agree not to allow any third party to access the Website on your behalf. You agree to be responsible for allowing any other person or entity to access the Website on your behalf. You agree to notify Operator immediately if you learn of any unauthorized use of the Website. You agree that Operator has the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
4.3. Restrictions. By posting a Submission to the Website, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous. Furthermore, you agree not to post or otherwise submit to the Website any Submission that:
4.3.1. is fraudulent;
4.3.2. is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;
4.3.3. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
4.3.4. is offensive to the Website community or to us, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which harasses or harms, or advocates the harassment or harming of another person;
4.3.5. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or solicits PII from other visitors to the Website;
4.3.6. promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
4.3.7. links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with the Website or Operator;
4.3.8. violates a person’s rights of publicity and/or privacy; or
4.3.9. violates any applicable local, state, national, or international law.
4.4. You acknowledge that Submissions posted to the Website may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.
4.5. Grant of License to Submissions. By posting Submissions to the Website, you automatically grant, and represent and warrant that you have the right to grant, to Operator, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No Submissions shall impose any obligation on Operator, whether of attribution or otherwise, and Operator shall not be liable for any use or disclosure of any such Submissions.
5. Social media platforms
5.1. Social media platforms are public. If you respond to our questions and posts or otherwise post content on our official brand “presence” on social media platforms, we may use or republish your posted text, photo, video or other materials (collectively “Content”) as outlined below.
5.2. By posting or otherwise making available any Content, or otherwise responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including, without limitation Facebook, Twitter, Instagram, Pinterest, Tumblr, Google Plus, collectively “Social Media Platforms”) you represent and warrant that you are eighteen (18) years of age or older and that you agree to the following terms and conditions:
5.2.1. You irrevocably grant us, affiliates, licensees and assigns, a royalty-free, perpetual, non-exclusive, unrestricted right and license throughout the universe to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your Content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purpose.
5.2.2. You grant us the right to attach any wording to the content Operator sees fit, including your first name and last initial; the city, state, and/or country where you live; the geographic location of the content; and general information about the content. You also understand and acknowledge that submitting content to Website does not guarantee acceptance, use or publication.
5.2.3. By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy. Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner. You acknowledge that you have secured all required releases, consents and permissions from any individuals appearing in the photograph. You understand and agree that Operator has no liability for any unauthorized use of the content by third parties.
6. Intellectual Property.
6.1. Copyright. All content (including without limitation any pictures, logos, images and text) appearing on the Website is the property of Operator or its licensors or suppliers and is protected by copyright under the copyright laws. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
6.2. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Operator or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, Operator.
6.3. Copyright Infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the Operator with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
7. External Links
7.1. Operator and/or third parties may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
8. Disclaimer of Warranties
8.1. You acknowledge and agree that Operator does not make any representation or warranty as to the accuracy, correctness, completeness or usefulness of any content (including without limitation any submissions) appearing on the website and is not responsible for any errors or omissions in any content (including without limitation any submissions) appearing on the website or generally for the accuracy, reliability, or quality of any such content. Operator does not endorse any opinion, advice, or statement or other material contained in a submission and submissions do not in any way reflect the opinion, advice or statements of operator. No advice or information, whether oral or written, obtained by you from operator or through the Website shall create any warranty not expressly stated in this agreement.
8.2. You acknowledge and agree that under no circumstances will Operator be liable for any loss or damage caused by your reliance on content (including without limitation any submissions) obtained through the Website or caused by the conduct of visitors to the Website. Except as expressly provided herein, Operator makes no representation or warranty of any kind to you, either express or implied. Specifically, operator disclaims any implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
9. Limitation of liability
In no event shall Operator, , nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with your use of the website. Operator’s aggregate liability to you or any third party arising in connection with use of the website in any circumstance is limited to one hundred dollars (INR 100).
10. Indemnification
You agree to indemnify, defend and hold Operator, and its Directors and Employees harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Operator be liable in any way for the accuracy, reliability, or quality of any Submission, and that you shall hold Operator harmless for (i) any errors or omissions in any Submission posted by you, or (ii) any loss or damage of any kind incurred as a result of the use of any Submission posted by you.
11. Commercial Use
You acknowledge and agree that the Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.
12. Privacy
Operator is committed to safeguarding your privacy. The terms regulating the handling of personal and other information by you in connection with the Website is described in our Privacy Policy.
13. Governing Law; Venue
13.1. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the Indian laws.
13.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
14. General
14.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Operator, in its sole discretion, to a third party.
14.2. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
15. Contact Us
If you have any questions or concerns regarding the Website, please contact us here.