The Shining Media assumes no responsibility or liability from any loss incurred by any information presented upon the website (including App) or any other services thereof rendered through it. Subscribers or other users using the services herein are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. You expressly agree that use of the service is at the user’s sole risk.
We Shall Not Be Liable For Any Third Party product Or services. The Advertisement Available On E-Mail Or Website With Respect To The Third Party Website Or The Products And Services Are For Information Purpose Only. The Shining Media has no control over other website or resources which are provided by companies or persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on site or external sites or resources or any advertisement or hyperlinks, etc. in the web site or any part thereof.
Except for The Shining Media identified information, products or services, all information, products and services offered through the platform or on the Internet generally are offered by third parties that are not affiliated with The Shining Media. The Shining Media does not operate, control or endorse any information, products or services on the Internet in any way.
The Shining Media cannot and does not guarantee or warrant that the information submitted to, maintained on, or transmitted from our systems will be completely secure and transmission of information over the Internet is susceptible to possible loss, misrouting, interception and misuse including but not limited files available for downloading through the website. You are responsible for implementing sufficient procedures and checkpoints that satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the platform for the reconstruction of any lost data.
The Shining Media has no obligation or otherwise also cannot monitor the materials posted on the Platform at all times. But if any objectionable/infringing content is brought to our knowledge, we shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service.
The Shining Media shall not be responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site, mobile app or any part thereof.
Further, you agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data.
The Shining Media reserves the right to add/modify/discontinue any of the features/services offered at The Shining Media.
A. Limitation of Liability
You expressly understand and agree that The Shining Media, its directors, officers, shareholders, employees or members, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:
a) the use or the inability to use the service;
b) any content, information, or services accessed through or from the service;
c) unauthorized access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the service;
e) any other matter relating to the service; or
f) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services.
The Shining Media makes no representations whatsoever about any other website which you may access through this one or which may link to this Platform. When you access a non-The Shining Media website please understand that it is independent from The Shining Media and that The Shining Media has no control over the content on that website. In addition, a link to a The Shining Media website does not mean that The Shining Media endorses or accepts any responsibility for the content, or the use, of such website.
B. Disclaimer of warranties
You assume total responsibility and risk for Your use of the Site and the Internet. The Shining Media provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without Limitation Warranties of Title or Non-Infringement, or the Implied Warranties of Merchantability or Fitness for a particular purpose) with regard to the products / services remdered through The Shining Media website generally. The Shining Media shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. The Shining Media does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which may be offensive to you. Your access to such materials is at your risk. The Shining Media has no control over and accepts no responsibility whatsoever for such materials. Further,
a) we make no warranty on any results obtained by the use of the service.
b) we make no warranty on accuracy or reliability of any information obtained by the use of service.
c) we make no warranty that the service will meet your requirements.
d) we make no warranty on any technical defects in the platform that will be corrected.
e) we make no warranty that the service will be persistent, timely, secure, error free.
f) we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.
g) we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any Customer, or any third party.
All liability, whether civil or criminal arising out of any Content posed upon the Platform (including but not limited to messages / communication of electronic or any other means) will be that of an Author or otherwise a publisher who has posted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from any such Third party that we may suffer as a result of such Content Posted on the Site or transmission of information through communication of any kind.
If you are in the Do Not Disturb (DND) subscriber list with any telecom operator / authority / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. We are not liable to any third party if it receives any kind of message / information (under any circumstances) by any customer using the service; even if you are in Do Not Disturb (DND) subscriber list, the sender / customer is solely responsible and liable for the delivery of message / information which is generated by him.
You agree to indemnify, defend and hold harmless The Shining Media, its directors, officers, partners, employees, agents and any third party information providers to the service from and against all losses, liabilities, claims, demands, expenses, damages and costs, including legal fees and disbursements in connection therewith and interest chargeable thereon asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service.
Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the platform, any claim that your content caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
D. Not a Professional Advise
The material contained on the The Shining Media platform is general information and is not intended to be advice or a legal opinion on any particular matter. Subscribers and other users should seek appropriate professional or legal advice before acting on the basis of any information contained herein. The Shining Media, its members, owners, employees, agents, representatives and the authors expressly disclaim any and all liability to any person, whether a subscriber or not, in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance upon the contents of this site and associated web pages.
Every effort has been made to avoid errors or omissions. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of. It is notified that neither The Shining Media nor the authors nor the publishers will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom.
It is suggested that to avoid any doubt the reader should cross-check all the facts, law of the land and contents of the material on a website with original Government publication or notifications.