4/ Limitation of damages The information on this Web Site is exclusively intended for general information purposes and is not intended as a recommendation, design, estimate or other warranty or representation for the visitor. Although care has been taken to ensure the accuracy of the information on this Web Site, ESK India Commerce & Trade assumes no responsibility therefore all content is provided "as is" and "as available". ESK India Commerce & Trade hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this Web Site or the Content. ESK India Commerce & Trade does not warrant or make any representations as to the security of this Web Site. You acknowledge any information sent may be intercepted. ESK India Commerce & Trade does not warrant that the Web Site or the servers which make this Web Site available or any electronic communications sent by ESK India Commerce & Trade are free from viruses or any other harmful elements.
To the maximum extent permitted by applicable law, in no event shall ESK India Commerce & Trade or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use this Web Site or the Content, even if ESK India Commerce & Trade has been advised of the possibility of such damages. Any action brought against ESK India Commerce & Trade pertaining to or in connection with this Web Site must be commenced and notified to ESK India Commerce & Trade in writing within one (1) year after the date the cause for actions arose.
6/ Use restrictions You agree that you will not use the Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to take any action that might compromise the security of this Web Site, render this Web Site inaccessible to others or otherwise damage, disable, overburden, or impair this Web Site, the Content or any ESK India Commerce & Trade server. You agree not to add to, subtract from or otherwise modify the Content, or attempt to access any Content that is not intended for you. You agree not to use this Web Site in any manner that might interfere with the rights of third parties.
7/ Intellectual property rights Unless otherwise explicitly stated, copyright, any other intellectual property rights and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rests with ESK India Commerce & Trade or its licensors, irrespective of whether a copyright symbol or statement is present. All rights in the Content not expressly granted herein are reserved. There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Web Site. By making them available on this Web Site, ESK India Commerce & Trade is not granting you a licence to use in any fashion. Access to this Site does not confer upon you a licence under any of ESK India Commerce & Trade’s or any third party's intellectual property rights. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of ESK India Commerce & Trade is strictly prohibited. All copyright and other proprietary notices of ESK India Commerce & Trade or its licensors shall be retained on all reproductions. Our policy is to comply with all intellectual property laws, and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Web Site in a manner that constitutes copyright infringement, please provide a notice of copyright infringement identifying the original copyrighted work and the portions of the ESK India Commerce & Trade site that is claimed to be infringing such copyright.
8/ User Materials Your use of the Web Site is entirely at your own risk. You are responsible for everything you send to or from the Web Site. Any material or information sent, posted, uploaded, input or submitted on, through or in connection with this Web Site or sent to ESK India Commerce & Trade by email by you or otherwise without such material or information having been solicited ("User Materials") will be treated as non-confidential and non-proprietary, and immediately become the property of ESK India Commerce & Trade (except those belonging to a third party), subject to any privacy policies posted on this Web Site. ESK India Commerce & Trade will not be required to maintain the confidential nature of such User Materials concerned. ESK India Commerce & Trade may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials. ESK India Commerce & Trade is under no obligation to post or use any User Materials you may provide and ESK India Commerce & Trade may remove any User Materials at any time in its sole discretion.
9/ Products not available The Web Site may contain references to specific products that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products shall be available at any time in any particular country. Please contact your local ESK India Commerce & Trade business contact for further information.
10/ Software available on this Web Site Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable license agreement. ESK India Commerce & Trade hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the software.