By accessing and using the Big Bits web site, www.bigbits.in (the “Web Site”) and Mobile APP, Operated by IRON MARKETING AND INFORMATION SERVICES and completing the registration process, you are agreeing to be legally bound by this Membership Contract. The terms “you” and “User” refer to anyone who accesses the Big Bits Pvt. Ltd. Web Site.
Your use of the Web Site following the posting of any changes will constitute your agreement to the modified Membership Contract and to all of the changes. Therefore, you should refer to the Membership Contract from time to time for changes.
USE OF THE Big Bits WEB SITE
Big Bits hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site under the terms set forth below and for fees if applicable.
The Web Site and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Web Site, is only for your personal use. Except as otherwise permitted under this Membership Contract, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Big Bits.
The Content is the exclusive property of Big Bits or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site, Mobile APP and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Web Site may be registered or unregistered marks of Big Bits or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of Big Bits or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Big Bits material, please contact Big Bits Pvt. Ltd. at firstname.lastname@example.org.
You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by Steel Trade to protect Big Bits’ proprietary interests in the Big Bits Web site.
CHANGES TO CONTENT
Big Bits reserves the right to delete or change any aspect of the Content, the Interactive Areas, the Web Site and/or any of the technical specifications or any aspect of the same. Users agree and acknowledge that such changes may result in them being unable to access the whole or any part of the Web Site.
As part of the registration process, you must select a username and password and provide Big Bits with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
LIMITATION OF LIABILITY
You are entirely liable for activities conducted by you in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with this membership contract, your sole and exclusive remedy is to stop using the Content and the Web Site. Big Bits will not pay you any damages in connection with your browsing or use of the Web Site.
Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. BIG BITS DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINES OR CURRENTNESS OF, OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE BIG BITS WEB SITE, THE BIG BITS WEB SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE BIG BITS WEB SITE. STEEL TRADE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. BIG BITS SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL BIG BITS NOR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE BIG BITS WEB SITE. NEITHER BIG BITS NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT ON THE WEB SITE OR OTHERWISE. IN NO EVENT WILL BIG BITS, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
Big Bits assumes no responsibility for the use of third party software on the Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
LINKS TO OTHER WEB SITES
You may, through hypertext or other computer links, gain access to web sites operated by persons other than Big Bits. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of the owners of such web sites. You agree that Big Bits is not responsible for the content or operation of such web sites, and that Big Bits shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that Big Bits endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content on any other web sites to which you have obtained links from the Big Bits Web Site.
THE USER'S CONTENT AND NAME
The User grants to Big Bits the non-exclusive right to use all material entered into the Big Bits Web Site by the User (other than third-party material transmitted through private electronic mail) in any of Big Bits’ print or electronic publications (“Other Content”).
Users entering material into the Big Bits Web site are responsible for the Other Content. Big Bits has not any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Big Bits Web Site. However, Big Bits retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Steel Trade deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Big Bits Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Big Bits.
The User agrees to indemnify Big Bits from all damages, liabilities, costs, charges and expenses, including reasonable attorney fees, that Big Bits, its affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the Big Bits Web site with the use of the User's screen name or password.
The User hereby grants Big Bits the right to use all trade names, trademarks, service marks and other product and service names and logos of the User for reference and advertising purposes through its directory services on the Web Site.
ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either Big Bits or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
Big Bits may discontinue or change the Big Bits Web Site or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parties relating to the Big Bits Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Big Bits Web Site. The failure of Big Bits to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
We may share your information with service providers who may provide some services through us. We may share your information with them, so that, they can contact you regarding a transaction. However, we will only share such information if you engage in an activity, and then only to those involved in that activity. We may share your information with authorized third party service providers. We provide some of our services through third parties. These “Third Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails. We may share your other information with such Service Providers to send postal or email, administer contests or sweepstakes, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Website, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (“Affiliates”) with whom we have business relationships and may have to also share their information with Service Providers to accomplish our administrative tasks. Information collected shall not be used or disclosed for purposes other than those for which the information was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes. If we have reason to believe that disclosing your personal identification is required by law, or is otherwise reasonable to protect someone from possible injury, we may do so.
Though we make all effort to preserve your privacy we may need to disclose personal information when required by law wherein we have a good-faith and belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies, which do the same, we cannot guarantee the security of any information transmitted to or from the website, and are not responsible for the actions of any third parties that may receive any such information.
You expressly agree not to use this Web Site in any manner or for any purpose that is prohibited by this membership contract. In addition, you expressly agree not to:
use the Web Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without our prior express written consent;
obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
in any way bypass or circumvent any other measure employed to limit or prevent access to the Web Site or its content;
violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any server associated with this Web Site, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site;
take or attempt any action that, in the sole discretion of this Web Site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or on the website’s operational infrastructure.
The User shall only be permitted to use the Web Site through the User Name and User Password to be obtained from Big Bits.
It is the User’s responsibility (liability) to prevent the usage of User Names and Passwords by unauthorized persons. Every operation and transaction made through the Web Site by the use of the user names and passwords assigned to the User, shall be deemed made by the User. Big Bits tracks login information based on IP address, location, country, time and date. Therefore, system logins from diverse locations within a short period of time and other suspicious activity regarding a user’s account may cause blockage of the account or termination without refund.
Daily Big Bits Prices, News, Reports, Analysis and Other Contents sent by e-mail is copyrighted material intended only for the recipient (designated user of the account) of the e-mail. Forwarding or redistributing Daily Extracts without written permission of Big Bits is strictly prohibited - even within the user’s office and organization. All users and readers of Daily Extracts must be registered with Big Bits.
Forwarding activity is electronically monitored and stored. Big Bits reserves the right to take legal action for violators of international copyrights at a later date or to immediately terminate account and service without refund.
News, documents, designs, graphics, articles and trade models provided on the Web Site or any other Big Bits content shall not be used, copied, republished, redistributed or shared with third parties without obtaining prior written authorization from Big Bits. The User represents and agrees that he or she shall not directly or indirectly violate, use, copy or register the intellectual property rights owned or possessed by Big Bits or its affiliates.
The user shall not assign or transfer any of his or her rights and obligations under this Agreement to third parties without Big Bits’ prior written approval.
As regards spam filters: If daily e-mails are blocked by spam filters, the User shall immediately notify Big Bits and Big Bits will assist the user to resolve the spam filter issues. Users shall recognize that spam filters are within the User’s control, either at the User’s Internet Service Provider, or at the mail server of the User’s company, or at the User’s individual personal computer by means of security suites or mail application. Big Bits has no means to resolve the User’s spam filter issues without assistance from the User. After troubleshooting, if the Big Bits e-mails are still filtered, the User has to provide a working e-mail address. No refunds will be provided for interruption of service due to spam filter issues.
The User is allowed to benefit from Digital Publications (Daily, Weekly, Monthly & Yearly Publication in English or Hindi Language), along with Content, Research and Pricing, Archives, Charts, Tables, Reports and News services available at the Web Site “www.bigbits.in” established and operated by Big Bits. Reports will be distributed to every user. Big Bits shall not be liable for temporary service outages, unforeseen technical e-mail delivery problems and for accessing problems experienced by the User due to its software or hardware deficiencies. Use of the “Big Bits Portal” may also be granted to users by Big Bits, depending on the level of Subscription Package.
The User of the Big Bits Subscription Package is responsible for all his or her actions on the Web Site and must READ and ACCEPT this Membership Contract by checking the checkbox next to the Membership Contract link.
THIRD PARTY RIGHTS
None of these Terms is intended to be enforceable upon any parties other than you and Big Bits.
If disputes arise between us in connection with your use of the Web Site, they shall be subject to India law and shall be referred to Government of Punjab State. In such litigation, Big Bits’ records and books shall be the sole and decisive proofs. You further agree that print outs of Big Bits’ computers with respect to the transactions made on the electronic platform through the Web Site shall be deemed as decisive proofs.