The www.mohorkutirresorts.com Web Sites (the “Site”) are online information service provided by Mohor Kutir Resorts subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Mohor Kutir Resorts MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Mohor Kutir Resorts, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Mohor Kutir Resorts a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Mohor Kutir Resorts by all means and in any media now known or hereafter developed. You also grant to Mohor Kutir Resorts the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Mohor Kutir Resorts for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Mohor Kutir Resorts. TRADEMARKS, Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Mohor Kutir Resorts. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
2. USE OF THE SITE
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this site, you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act.
You may only use this site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by you for your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Mohor Kutir Resorts has been granted. You agree that you will not use this site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any website controlled by you or otherwise, to this site without the express written permission of Mohor Kutir Resorts. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Mohor Kutir Resorts or any third party that provides services related to this Site.
“Chat Area” means any chat area, forum, message board, or similar service offered in conjunction with this Site. If you participate in a Chat Area, you agree that, in addition to complying with the Terms, You will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for Your use of the Chat Area. Mohor Kutir Resorts reserves the right to remove or edit content from any Forum at any time and for any reason, however, Mohor Kutir Resorts has no duty to do so, and is not responsible for the content or accuracy of any information in a Chat Area.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain Mohor Kutir Resorts prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to Mohor Kutir Resorts and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Mohor Kutir Resorts or cause Mohor Kutir Resorts to lose (in whole or in part) the services of our suppliers.
You agree to indemnify and hold Mohor Kutir Resorts and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Mohor Kutir Resort of Hotel’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
4. THIRD PARTY RIGHTS
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of Mohor Kutir Resorts and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. TERM; TERMINATION
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between Mohor Kutir Resorts and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Kolkata, India. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Mohor Kutir Resorts’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Mohor Kutir Resorts may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.