Terms and Conditions

Agreement

Welcome to AuthorCafe. AuthorCafe is a website owned and maintained by ‘TNQ Books and Journals Private Limited’. By using our services, you are entering into an Agreement with AuthorCafe which includes our Terms and Conditions for service and Privacy Policy. You will hereby be legally bound by the same. Any failure on the part of AuthorCafe to enforce these Terms and Conditions of Service may not be understood to constitute a waiver of the same.

This Agreement applies to both Registered Users of our site as well as Visitors. Please read this and the allied documents carefully before proceeding to avail of our services.

Proprietary Rights

The trademark “AuthorCafe”, AuthorCafe’s logo, design, text, graphics, data, literature, information, other files, and the selection and arrangement thereof on this website and the Copyright therein are property of AuthorCafe’s affiliates or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AuthorCafe and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AuthorCafe.

Ownership of Data

No copyright shall be held by AuthorCafe. You or the author or the respective institution as the case maybe, shall have all ownership rights in any content, data, or other such materials you upload or otherwise actively provide on AuthorCafe. However, you also agree to grant AuthorCafe (and our employees, agents, successors and assigns) a worldwide, irrevocable, perpetual, fully-paid license to use such user content in any manner reasonably necessary for AuthorCafe to operate and provide services in connection with AuthorCafe. AuthorCafe will not sell, share, or rent this user content to others in ways different from those disclosed in this Policy. Further, AuthorCafe shall endeavour that any content, data or other materials that are uploaded on AuthorCafe are not open to search engines and cannot be viewed by the public at large through conducting a search on the Internet.

Terms and period of use

The hosted content will be available in perpetuity as a public or password protected URL, depending on how the author seeks to have it hosted. However, if for some reason, it becomes impractical for AuthorCafe to continue to host the material entrusted, AuthorCafé will send prior information to the owners of the content requesting them to back up the content for future use.

User Obligations

Apart from allowing you to work on your data online and/or publish your content, AuthorCafe also allows for collaboration of such works and communication with other members via group or individual portals. AuthorCafe also includes discussion forums or other interactive areas, including, but not limited to, chat rooms etc. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this AuthorCafe.

You agree not to use AuthorCafe to do any of the following:

1. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (hereinafter collectively known as “Material” that is deemed to be or is otherwise considered to be or is in fact unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
2. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international laws.
3. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters without the permission of AuthorCafe .
6. Harm, harass, invade the privacy of our users/members especially minors in any way; or
7. Upload, post, e-mail, transmit, or otherwise make available 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.
8. Make available any material that is in violation of Intellectual property rights of any third party.
9. Act in violation of any law or perform any illegal activity.

If you do not meet any or all of the above-mentioned obligations AuthorCafe reserves the right to terminate your Account and take any other action against you that AuthorCafe deems appropriate.

Warranties and Representations

You hereby represent and warrant that any data/Information that is being uploaded on AuthorCafe does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right or any other right of any third party.

Limitation of Liability

AuthorCafé is only a platform to host the content uploaded by users, and enabling users to work on their data/files online. AuthorCafé shall host/publish the content based on consent from authors and participating institutions. However, AuthorCafé is only responsible for hosting the content and not for the accuracy, truth or falsehood of the content. In no event shall AuthorCafe or its affiliates, officers, directors, employees, Agents, or suppliers be liable for any direct, special, incidental, indirect or Consequential damages, costs or any other damages, costs of any kind, including, but not Limited to, loss of use, loss of profits or loss of data, whether in an action in Contract, tort (including, but not limited to, negligence), or otherwise, arising out of or in any way connected with the use of, or inability to use, AuthorCafe or content contained on, or accessed through AuthorCafe , even if AuthorCafe has been advised of the possibility of such damages.

Indemnification

You expressly understand and agree to hold harmless and defend and indemnify AuthorCafe , its officers, directors, employees, contractors, suppliers, agents, third-party partners and affiliates from and against any and all demands, claims, causes of action, damages, obligations, losses, liabilities, costs or debts, fines and expenses (including but not limited to reasonable legal fees and costs) arising from;

1. Your use of and access to AuthorCafe and its services;
2. Your violation of any of the Terms and Conditions of Service;
3. Your violation of ANY third party right;
4. Any claim for damages relating to work published on AuthorCafe ; and
5. Any other claim relating to your use of AuthorCafe.

Removal and Disclosure

1. AuthorCafe reserves the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that AuthorCafe deems or have been advised to be or ordered or directed by any legal authority as being inappropriate, scandalous, obscene or which AuthorCafe believes might subject AuthorCafe to any liability.
2. AuthorCafe may access, use and disclose transaction information about your use of AuthorCafe, and any Material and Submissions transmitted by you via or in connection with our AuthorCafe, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property, or to protect users of AuthorCafe from fraudulent, abusive, or unlawful use of AuthorCafe. Indirect or attempted violations of this notice or any related policy, guideline or agreement, and actual or attempted violations by a third party on your behalf, shall be considered violations of this agreement by you.

Applicable Law

You agree that this Terms of Use shall be governed by and construed in accordance with the laws of India. The jurisdiction for any legal action or proceeding in relation to interpretation of any subject matter associated with AuthorCafe shall be in Chennai, India only. You expressly agree to submit to the venue of Chennai courts.

Termination

AuthorCafe reserves the right, without notice and in its sole discretion at any time, to terminate your license to use AuthorCafe to block or prevent future access to and use of AuthorCafe , and to remove and discard any Material and Submissions.

Severability

If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.

Assignments

You may not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.

Modification of Terms and Conditions

AuthorCafe reserves the right, at any time, to add to, change or modify these Terms and Conditions without notice to you. Any such change, update, or modification will be effective immediately upon posting on AuthorCafe. It is your responsibility to review these Terms & Conditions from time to time to ensure that you continue to agree with all of its terms.

Complaints

AuthorCafe reserve the right to take any appropriate action on receipt of any complaint against you with regard to the using of our Services. Any complaints with regard to infringement of intellectual property rights will be dealt with as according to our IPR Policy.

Disclaimer Of Warranties

You expressly understand and agree that you are availing the services provided by AuthorCafe at your own risk. AuthorCafe officers, directors, employees, contractors, suppliers, agents, third-party partners, affiliates of AuthorCafe, to the fullest extent permitted by law, disclaim any and all warranties and conditions in any form, whether express or implied. AuthorCafe makes no warranty that the services provided will be secure, timely, error-free or uninterrupted. You will be using any material obtained through this site at your own risk and discretion and you will be solely responsible for any personal damage resulting from the use of this service. No information or statement received by you from AuthorCafe shall create any warranty not expressly states in the Agreement.

Acceptance

By agreeing to and accepting our Terms and Conditions of Service you are confirming the fact that you are above 18 years of age and that you meet all other eligibility criteria as set forth by AuthorCafe. AuthorCafe will not be liable for any adverse consequence arising from the usage of this site after misrepresentation of any information.

Contact for Queries

If you have any queries about our Terms and Conditions of Service, please contact AuthorCafe at policy@authorcafe.com.

Entire Agreement

These Terms and conditions (including the Privacy Policy and IPR Policy available on the Website) represent the complete and entire agreement between AuthorCafe and you and supersede any prior agreement or understanding, whether written or oral.