Terms of Use

5^th June 2021

These Terms of Use govern the use of the websites by each and every User of this website, content and community services offered through http://www.bichitropotro.com , other associated URLs (“Site”) and all mobile applications (“Mobile Apps”) and products and services offered by The Bichitrapatra Foundation.

All purchases, Digital Subscriptions and One-Time Sale, will be governed by Terms of Sale.

The term ‘user’ shall mean all and every user of this website.

All and every user of this website agrees to access “the Site” and “Mobile Apps”, subject to the terms and conditions of use as set out here.

The Bichitrapatra Foundation, the publisher of http://www.bichitropotro.com/ may add to or change or update these Terms of Use, from time to time entirely at the its own discretion. The User of this website is responsible for checking these Terms of Use periodically to remain in compliance with these terms. The user’s use of the Site after any amendment to the Terms of Use shall constitute the user’s acceptance of these terms and the user also agrees to be bound by any such changes/revisions.

Changes

The Bichitrapatra Foundation reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice , make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

Charges

The Bichitrapatra Foundation reserves the right to charge subscription and / or membership fees from a user in respect of any product, service 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 The Bichitrapatra Foundation and are protected under applicable Indian laws. The user agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of The Bichitrapatra Foundation; 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 all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Limited Permission to Copy

The Bichitrapatra Foundation grants you permission to only access and make personal use of the Site and the user agrees not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on The Bichitrapatra Foundation’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of The Bichitrapatra Foundation.
However, the user may print or download extracts from these pages for your personal / individual, non-commercial use only. The user must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

The Bichitrapatra Foundation forbids the user from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. The user 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 pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may 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.

No unlawful or prohibited use

As a condition of use of the Services by an User, the user shall not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The user shall not use the Services in any manner that could damage, disable, overburden, or impair any The Bichitrapatra Foundation’s server or the network connected to any The Bichitrapatra Foundation’s server, or interfere with any other party’s use and enjoyment of any Services. The user shall not attempt to gain unauthorized access to any Services, other accounts, and computer systems or to any of the Services, through hacking, password mining or any other means. The user shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Limitations of Liabilities

Any transactions relating to sale/purchase of goods or services not directly offered by The Bichitrapatra Foundation are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by The Bichitrapatra Foundation.

The Bichitrapatra Foundation merely endeavours to provide a platform where the user and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between the user and the other party. The Bichitrapatra Foundation does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only the user, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not The Bichitrapatra Foundation will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.

Under No circumstances will The Bichitrapatra Foundation 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. The user specifically agree that The Bichitrapatra Foundation is not responsible for any content sent using and/or included in The Bichitrapatra Foundation’s site/service by any third party.

User Conduct and Obligations

The user hereby agrees and assures The Bichitrapatra Foundation that the Site/Services shall be used for lawful purposes only and that the user shall not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. The user further concurs that the user shall not, through Site/Service:
• 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 The Bichitrapatra Foundation’s server, or the network(s), computer systems / resource connected to any The Bichitrapatra Foundation 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, The Bichitrapatra Foundation’s official, members, trustees, 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, D’notS) 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 The Bichitrapatra Foundation website or the website of any The Bichitrapatra Foundation’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 The Bichitrapatra Foundation

The user agrees 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.
Unless otherwise permitted, the user shall: (i) display the Service on the user’s Site in the exact form received by the user, and not modify or edit any of the foregoing without The Bichitrapatra Foundation’s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by The Bichitrapatra Foundation on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Web site. the user acknowledges that the service must link and redirect to the appropriate The Bichitrapatra Foundation’s Web page when a user clicks on the Service (e.g. a headline). The user shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, The Bichitrapatra Foundation’s Web page, nor may the user frame any The Bichitrapatra Foundation’s Web page.

No Controlling Spam Policy or Unsolicited E-mails

The user shall 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). The user shall not harvest information about users of The Bichitrapatra Foundation for the purpose of sending or to facilitate the sending of unsolicited bulk communications. The The Bichitrapatra Foundation may terminate the user’s access or use of the Site immediately, with or without any notice, and take any other legal action if the user, or anyone using the user’s access details to the Site, violates these terms. The The Bichitrapatra Foundation may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, 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 the user through the The Bichitrapatra Foundation’s Web Sites.

Disclaimer of Warranties and Liability

limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

The Bichitrapatra Foundation and its 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 the user’s computer system or the instrument or device, 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 The Bichitrapatra Foundation’s sites/services, with the delay or inability to use the The Bichitrapatra Foundation’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 The Bichitrapatra Foundation sites/services, or otherwise arising out of the use of the The Bichitrapatra Foundation 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 The Bichitrapatra Foundation as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet the user’s expectations or requirements; or (d) any errors in the website will be corrected.

Links to Other Sites

 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 goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain The Bichitrapatra Foundation’s-logo, please understand that it is independent from The Bichitrapatra Foundation, over whom The Bichitrapatra Foundation has no control or connection, business or otherwise as these sites are external to The Bichitrapatra Foundation You agree and understand that by visiting such sites you are beyond the The Bichitrapatra Foundation’s website. The Bichitrapatra Foundation, 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 goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by the user’s visit and/or transaction/s on these site(s), as the same is provided on “as is” without warranty of any kind. The Bichitrapatra Foundation gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. The Bichitrapatra Foundation 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 may contain material submitted by users. The Bichitrapatra Foundation accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. The user shall indemnify and hold harmless The Bichitrapatra Foundation against all third party claims, demands and actions brought against The Bichitrapatra Foundation which arises from or relates to the material submitted by the user.

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to The Bichitrapatra Foundation by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. The user’s correspondence or business dealings with, or participation in promotions of, advertisers other than The Bichitrapatra Foundation found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. The Bichitrapatra Foundation will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-The Bichitrapatra Foundation advertisers on the Website. The Bichitrapatra Foundation reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

Data Protection

The Bichitrapatra Foundation may send information and offer products and services to the user from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, The Bichitrapatra Foundation 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 The Bichitrapatra Foundation.

Further, The Bichitrapatra Foundation can (and the user authorize The Bichitrapatra Foundation to) disclose the user’s name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights 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.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and The Bichitrapatra Foundation and the user shall have no authority to bind The Bichitrapatra Foundation in any manner, whatsoever.

Force Majeure

The Bichitrapatra Foundation shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Kolkata, West Bengal, India shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire 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, seditious 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

The user and The Bichitrapatra Foundation agree that any cause of action arising out of or related to the The Bichitrapatra Foundation’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.

Acceptance of Privacy Policy

By using The Bichitrapatra Foundation’s sites and services, the user signifies the user’s acceptance of this Privacy Statement. If the user does not agree or are not comfortable with any policy described in this Privacy statement, the user’s only remedy is to discontinue use of The Bichitrapatra Foundation sites. We reserve the right, to modify this Privacy Statement at any time.

General Terms

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

The Bichitrapatra Foundation 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. If the user believes that the user’s work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e) 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.
(f) 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 of copyright infringement should be sent to:

The Bichitrapatra Foundation
22/119 Raja Manindra Road,
Kolkata — 700037
West Bengal, India
Tel: +919433878565

Copyright Notice
Copyright ©2021 The Bichitrapatra Foundation. All rights reserved.