Terms Of Use
TERMS OF USE
These Terms of Use set forth the legally binding terms of your use of the website.
The Hour Markers includes all content available through the The Hour Markers (herein after collectively referred to as (the ‘Website’) The Terms of Use apply to Browsers/Viewers of the Company website. The term ‘Browser/Viewer’ means any individual, firm, company, association of persons who visit and browse the contents of the website and may or may not be potential customers. In case you choose to be a Browser/Viewer, you may be required to provide/share certain personal data which is governed by the Privacy Policy.
By browsing and/or subscribing to the Website, you signify your assent to the terms and conditions (“Terms of Use”) and the terms and conditions of the ‘Privacy Policy’ of the Company’s, which is published on the Website for reference.
CHANGES
We reserve the right at any time to change the Terms of Use including but not limited to suspend/cancel, discontinue a service at any time without notice and make modifications and alterations in any or all of the content, product images, features and services without prior notice. You will be deemed to have accepted such change/s if you continue to access the website subsequent to such changes. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions. Your continued use of the website shall be deemed your consent to such changes.
ELIGIBILITY
You must be 18 years of age or older to visit our Website. By visiting the Website or accepting these Terms of Use, You represent and warrant to Us that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
SERVICES
Our platform offers a place to view and access information including images, advertisements, content and insights in the field of watches, clocks, horological and chronometric instruments. This empowers people to learn and gather information on the aforementioned products (this shall be known was “Services”).
CONTENT
The Hour Markers grants you a limited license to access the Website for personal use. This license does not include any downloading or copying of any information for the benefit of another Company or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
The Website may contain links to third party websites that are not owned or controlled by Us and We have no control over the same and we assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content placed on our website by any third party. By using third party website, you expressly relieve Us from any and all liability arising from your use of this Website and any third party website as aforesaid.
The Website contains material, such as text, graphics, images, designs, sound recordings, audiovisual works, product description and other material either created by Us or provided to Us by any third party (collectively referred to as the “Content”). Except the Content created/commissioned by Us, the Content is not owned by Us. Unauthorized use of the all/any Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from Us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of our Company may be displayed on the Website. The same, whether registered and/or unregistered trademarks or service marks are the proprietary of our Company. Nothing in this Terms of use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the our Company’s Trademarks, without our prior written permission specific for each such use.
With respect to any Content submitted or make available by the Third Parties through the Site (other than personal information, which is handled in accordance with the Privacy Notice, third parties grant our Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, such content or any part of such content, displayed/broadcasted on our Website). You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Us.
TRADEMARK & COPYRIGHTS
The trademarks, logos, design marks and service marks, literary contents, artistic work, images (“Marks”) displayed on the Site are the property of our Company or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, without our written permission or of such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without our express written consent. Further, you may not utilize any Site content in any “hidden text” techniques. All content (including any software programs) available on or through the Site may be protected by copyright, trademark and other applicable laws.
LIABILITY
Third Parties acknowledge that you are yourself responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, host, display, modify, transmit, update, share, distribute or otherwise publish through this Site any content that:
  • is confidential, proprietary, invasive of privacy or publicity rights, infringing on patents, trademarks, copyrights, or other intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libellous, defamatory, obscene, vulgar, pornographic, paedophilic, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, including, but not limited to any content that encourages conduct that would constitute a criminal offence, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable laws for the time being in force.
  • harms minors in any way.
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with f. foreign states, or public order or causes incitement to the commission of any cognisable offence of prevents investigation of any offence or is insulting to any other nation.
  • infringes upon or violates any third party’s privacy rights (including without limitation unauthorized disclosure of a person’s name, physical address, phone number or email address.
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
  • interferes with another Viewers use and enjoyment of the Site or any other individual’s user and enjoyment of similar services.
  • directly or indirectly, offer for trade, the dealing of any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
  • may contain software viruses or malware or files or programs designed to interrupt, destroy or limit the functionality of any computer
  • contains advertisements or solicitations of any kind, or other commercial content and contains any advertisements/infomercials/advertorials which contain any degrading content and/or libel and/or slander and contains any advertisements/infomercials/advertorials which do not meet the standards required to do so under the law for the time being in force
  • contains messages that offer unauthorized downloads of any copyrighted, confidential or private information
  • contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases
Our Company expressly disclaims any liability arising out of any/all acts undertaken by Third Parties
DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITE, OR ANY SERVICES AVAILED THROUGH THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. VIEWERS USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF VIEWERS DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND
INDEMNITIES
Third Parties will indemnify and hold harmless our Company, its licensees, subsidiaries, affiliates, and employees, directors, officers, agents and representatives (“Indemnified Parties”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Us on account of the violation of Intellectual Property including copyright in literary work, artistic work, images, contents etc.
GETTING IN TOUCH
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us atinfo@thehourmarkers.com.
We may update this contact information from time to time without notice to you. We will post the current contact information on this site.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use shall be governed by laws of India without reference to conflict of laws principle. The Courts in [Mumbai] would have the exclusive jurisdiction in any proceedings that arise out of these Terms of Use.