Terms & Conditions
The website [www.talismanian.com] (the “Website”) developed, owned and operated by Talismanian Group of Companies is offered to its visitors, who may view the Website (“Visitors”) upon the Terms and Conditions provided hereunder. By accessing and/or using the Website, you agree (1) to be bound by these Terms and Conditions and are deemed to have read and understood all of its contents and implications; and (2) you grant your free and unconditional consent to be subject to these Terms and Conditions as applicable.
Writer Submissions and Content :
This Website facilitates the posting/ uploading/ messages, notes, text, information, video, links to other websites and other contents only by the authorized person in the Team Talismanian. The “Writer”shall be responsible in all respects for the Content posted / published by them and any consequences that may arise from posting / publishing such Content. The Writer represents and warrants that, (i) where the Content does not belong to the Writer, the Writer has procured the right or the necessary permission or license to use the Content; and, (ii) The Writer shall not post or publish any Content which is in contravention of any Indian law, that which has not been created by the Writer, or that which violates on the right of another person.
Talismanian may from time to time review the Contents of the Website. Talismanian has the exclusive right to delete or remove, without notice, any Content that, in its sole judgment, is in violation of the Terms and Conditions mentioned herein, or is offensive, illegal or harmful to the sentiments of a Visitor or any other person.
The Writer will not (i) contravene any Indian law for the time being in force, (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights,
unless the Writer is the owner of such rights, or has the necessary permission from the rightful owner of such material to post the Content, and hereby grants Talismanian all of the license rights granted; (iii) publish falsehoods or misrepresentations that could damage Talismanian or any third party; (iv) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise considered inappropriate; or (v) misidentify yourself in submitting the Content or misstate
your true identity.
Writer submissions are the opinions of the Writer and Talismanian does not endorse any Content or any recommendation or advice expressed therein. Further, Talismanian expressly disclaims any and all liability in connection with Content submitted by the Writer. By submitting any Content on to the Website, the Writer hereby grants a world-wide, royalty free, non-exclusive, transferable license to use, copy, prepare or derive from the Content in any media throughout the world. Information posted or published on the Website is non- confidential, and the Writer submits such information at their own risk.
Personal information of the Writer such as email addresses etc. is not sold or shared by Talismanian with third parties. The Writer grants consent to Talismanian to use and share the personal information provided by the Writer for Talismanian’s business purposes and/or for the purposes of investigation under good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on Talismanian ; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Website; or (c) helpful to protect Talismanian’s rights, reputation, property, or that of Talismanian Writers, subsidiaries, or the public. (Note: Recommended change)
The Writer must bear in mind that the Website hosts Content posted / published from a variety of sources and that Talismanian shall in no way be responsible for the accuracy or truthfulness of the Content posted / published. Further, Talismanian shall not be responsible for any claim, error, omission made by advertisers on the Website.
The Writer agrees to the terms and conditions of conduct set our herein below with reference to the Content.
The Writer agrees that:
1. He / She is over 18 years of age.
2. The Writer will not publish, post, display, upload, distribute or disseminate any profane, defamatory, infringing, obscene, pornographic, sexually explicit or unlawful topic, name, material or information of any kind.
3. Provide material that exploits or violates any person in any manner.
4. Provide false information on the registration form /profile, or impersonate others so as to mislead or confuse other Writers regarding the source of the Content.
5. Present to third parties any Content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Talismanian.
6. Use the Website in violation of any local, state, national or international law, statute, ordinance, regulation, rule, code or guidelines for the time being in force.
7. Upload files that contain software or other material that violates the intellectual property rights of any third party.
8. Upload content /files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or computer systems.
9. Use the Website as a platform to advertise or offer to sell any goods or services for any purpose, whether or not commercial, without the express permission of Talismanian, and in accordance with the terms and conditions laid
down by Talismanian with reference to the same.
10. Violation of any of the Terms and Conditions set out herein gives Talismanian the right to take action against the Writer, which could extend to the Writer being blocked from accessing the website and / or legal action.
In the event that a Writer or Visitor is exposed to Content on the Website which they believe is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or damaging towards any
religion, ethnic group, club, organisation, company or individual, Talismanian encourages the Writer or Visitor to report such material to Talismanian at email@example.com so as to enable Talismanian to take appropriate action.
The Writer agrees to defend, indemnify and hold harmless Talismanian, and its officers, directors, employees, contractors, sub-contractors, partners, licensors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, publicity or privacy right; or (iv) any claim that Content posted by you has caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
Visitor to Comply with Applicable Laws
This Website may be accessible from places that are out the geographical boundaries of the Republic of India. Talismanian makes no representation that the material available on the Website is appropriate for use in other locations.
Visitors and Writers that access the Website from locations other that the geographical boundaries do so at their own risk, and shall be responsible for compliance with the laws of India.
Change of Terms and Conditions without notice
Talismanian may change these Terms and Conditions without notice. Continued use of this Website indicates an acceptance to the Terms and Conditions herein and any subsequent changes that may be made from time to time. Talismanian recommends that the Writer / Visitor re-visits these Terms and Conditions from time to time to understand and be fully aware of the Writer policy of this Website.