Terms of Platform Use
a) In these terms and conditions (the Terms and Conditions), "we", "our" or "us" means Ministry of Tourism, Government of India. b) Please read the Terms and Conditions carefully as they apply to your use of (a) the internet site www.incredibleindia.org or any other internet site owned and operated by Ministry of Tourism, Government of India, including but not limited to tourism.gov.in (the Site(s)) and any microsites contained therein; and/or (b) our mobile application (our “Mobile App”, collectively with our Website our “Platforms”), whether as a guest or a registered user. Use of our Platforms includes accessing, browsing or registering to use our Platforms. By using the Platform(s) you agree to be bound by the Terms and Conditions including those revisions referred to in (c).c) We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.d) Your use of some parts or features of the Platform(s) may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions: i) will apply to your use of such parts or features of the Platform(s) in addition to these terms and conditions; and ii) will prevail over the Terms and Conditions to the extent of any inconsistency.
2)Intellectual Property Rights
a)You acknowledge that the Content on the Platform(s) is subject to copyright, trade mark and possibly other intellectual property rights. In these Terms and Conditions, "Content" means anything that you may see, read, hear, upload, download or access on or via the Platform(s) (including but not limited to messages, files, data, software, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the Platform(s)). b) Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to: i) sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the Content (or any readily identifiable portion of the Content) in any way without our prior written consent; or ii) otherwise infringe the intellectual property rights of any person in using the Platform(s) or any Content. c) Nothing you do on or in relation to the Platform(s) will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated. d) You agree that Ministry of Tourism, Government of India owns the copyright and trade marks in the marketing logo Incredible India", the domain name(s) INCREDIBLEINDIA.ORG, tourism.gov.in, the advertising tag line(s) appearing in Ministry of Tourism, Government of India advertisements on the Platform(s) and the corporate logo "Incredible India" (the Ministry of Tourism Trade Marks). Ministry of Tourism, Government of India reserves all rights in relation to the Ministry of Tourism, Government of India Trade Marks. You agree not to use any of the Ministry of Tourism, Government of India Trade Marks without our prior written consent. All other trademarks appearing on our Platform(s) are the property of their respective owners. e) Maps that are presented in these Platform have been provided by Google. The terms and conditions for usage of Google Maps can be found at: https://developers.google.com/maps/terms
3)Content of the Platform(s)
a) We attempt to keep the Content of the Platform(s) up to date. However, we do not warrant the accuracy of the Content. b) You acknowledge that the Content on the Platform(s) is subject to change at any time. c) You acknowledge that the underlying infrastructure and/or technology supporting the Platform(s) is subject to change at any time. d) The views which are expressed by members of the public who have uploaded Content to the Platform(s) are not our views and we accept no liability in respect of any Content posted on the Platform(s) by third parties, nor are we responsible for its content or accuracy. Any reliance you place on Content posted on the Platform(s) is at your own risk. e) If you consider any Content that has been posted to the Platform(s) is offensive, unsuitable or has in some other way breached these Terms and Conditions, please email us at firstname.lastname@example.org with a link to the relevant Content and your reasons for objecting to it. We will consider your objection and determine whether the Content should be removed at our sole discretion.
4) Your Use of the Platform(s)
a) You must not: i) disrupt or interfere with the Platform(s) or servers or other software, hardware or equipment connected to or via the Platform(s); ii) reproduce any Content from our Platform(s) without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion; iii) violate any applicable law relating to your use of the Platform(s); or iv) use or disseminate personal data or private information about other users of the Platform(s). b) In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing: i) any law, rule or regulation of any country (or political sub-division of a country); ii) any obligation under any licence in any country (or political sub-division of a country); and iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
5) Links, Downloads, Plug-ins, Features and Advertisements
a) We are not responsible for the content or accuracy of any off-Platform materials including websites, downloads, plug-ins, features or advertisements, which are linked to the Platform(s) through advertisements or search engines (collectively, Third Party Material). The linking of our Platform(s) to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there. b) You agree that you will not misuse any downloadable Content included on the Platform(s), including but not limited to, reproducing, adapting, communicating the Content to the public, including the Content on another website or making misleading or false representations about the Content, unless expressly authorised by Ministry of Tourism, Government of India. c) Your correspondence or dealings with, or participation in promotions or business of, advertisers on the Platform(s) are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Platform(s).
6) Posting to the Platform(s)
a) There may be facilities in the Platform(s) for you to submit or post Content to the Platform(s). For Content you submit for posting to the Platform(s) (in whatever format): i) you absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to us all right, title and interest in all intellectual property rights in any Content you submit to the Platform(s); ii) you agree that whether and in what form the Content is published on the Platform(s) is at Ministry of Tourism, Government of India's sole discretion; iii) you give unconditional consent for the Content to be altered, edited or adapted as Ministry of Tourism, Government of India or a sub-licensee thinks fit, including in a way that would otherwise be a breach of your moral rights. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright; iv) you agree that you do not require, nor does anyone else require, attribution for the Content; and v) you acknowledge that you may be held legally responsible for the Content you submit. You acknowledge that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. b) For Content you submit for posting to the Platform(s) (in whatever format) you agree not to: i) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, defamatory, vulgar, obscene, related to gambling, libellous, invasive of another's privacy, hateful, or radically, ethnically or otherwise objectionable, including but not limited to; A. Content that depicts or alludes to or promotes offensive or illegal behaviour; B. Content that exploits people in a sexual or violent manner; C. Content that harasses or advocates harassment of others; D. Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; E. Content that contains nudity, violence, or contains a link to an adult website; F. Content that provides any telephone numbers, street addresses, last names, personal banking or financial information, URLs or email addresses; G. Content that promotes information that the user knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; H. Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy or creating computer viruses; or I. Content that includes a photograph or image of another person or another person's property that has been submitted without that person's consent (or where that person is under the age of majority under an Applicable Law, the consent of their parent or legal guardian); ii) impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity; iii) upload, post, transmit or otherwise make available any Content that you do not have the right to make available under any Applicable Law or under any contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as a part of employment relationships); iv) upload, post, transmit or otherwise make available any Content that infringes any patent, trade mark, confidential information, copyright or other proprietary rights of any party; v) upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising and promotional materials; or vi) upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code; c) By posting Content to the Platform(s) you warrant that: i) you have the rightful power and authority to provide the Content in the form and manner and name in which it is submitted; ii) you own the Content and have the right to assign copyright ownership and other Intellectual Property Rights in the Content to us; iii) the Content does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity; iv) the Content does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable; v) if the Content in any way includes third parties or the property of third parties, that you have obtained the required consents and releases from those third parties (or their parents or legal guardians, as applicable) to include them in your Content; vi) your Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; vii) your Content does not contain material that has been previously broadcast, streamed, published or televised in anyway; viii) you will not post Content or use the Platform(s) for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce; ix) during the course of creating your Content your conduct was not illegal, contrary to any Applicable Law, indecent, obscene, threatening, discriminatory or harassing to any person; and x) you agree to your Content being available on the Platform(s) for public viewing and comment and that your Content may be used by Ministry of Tourism, Government of India or its sub-licensees in any media for an unlimited period of time without remuneration or compensation for any purpose in our sole discretion.
a) We do not guarantee that our Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platforms. You should use your own virus protection software. b) You must not misuse our Platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platforms, the server on which our Platforms is stored or any server, computer or database connected to our Platforms. c) You must not attack our Platforms via a denial-of-service attack or a distributed denial- of service attack. By breaching this provision, you would commit a criminal offence under the laws of India. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platforms will cease immediately .
8) Monitoring of Content
a) You acknowledge that Ministry of Tourism, Government of India may or may not pre-screen Content, and that there is no obligation on Ministry of Tourism, Government of India to pre-screen Content, and that Ministry of Tourism, Government of India shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you. b) Without limiting paragraph (a), you agree that Ministry of Tourism, Government of India may edit, remove or not publish any Content if it considers that: i) the Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt; ii) the Content is false or misleading; iii) publication of the Content will infringe intellectual property rights (including copyright) or a person's moral rights; iv) the Content is abusive, offensive or obscene; or v) the Content is otherwise in breach of these Terms and Conditions. c) Although we may from time to time monitor or review Content, discussions, chats, postings or other contributions to the Platform(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.
You agree to indemnify and hold Ministry of Tourism, Government of India and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of Content you submit, post, transmit or otherwise make available through the Platform(s), your use of the Platform(s), your connection to the Platform(s), your breach of these Terms and Conditions, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
12) Security of Information
Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.
13) Use of the Platform(s) Is At Your Own Risk - Disclaimer of Liability
a) Your use of the Platform(s) is at your own risk. You must not rely on any statement published on or linked to the Platform(s) without first making your own enquiries to verify the information. b) We exclude all warranties and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties or liability but does allow limitation to a certain maximum extent, then we limit our warranties and liability to that extent. c) To the extent permitted by law, all information on or linked to on the Platform(s) is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement. d) To the extent permitted by law, we do not accept any responsibility or liability for: i) any statement in the material on or linked to the Platform(s); or ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Platform(s) and its Content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. e) To the extent we cannot exclude all liability, our aggregate liability to you arising in relation to your use of the Platform(s) or the Content (whether arising from breach of these Terms, in negligence or any other common law or statutory cause of action) is limited to the following, the choice of which is at our sole discretion: i) in the case of services: A. the supply of the services again; or B. the payment of the cost of having the services supplied again.
14) General Provisions
a) If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. b) The Terms and Conditions, and the use of the Platform(s) and any contents thereof, are in all respects governed by and according to the laws of India. By using the Platform(s), you irrevocably agree to submit to the exclusive jurisdiction of the courts of New Delhi, India, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Platform(s) or any material contained therein, or accessed thereby. Ministry of Tourism, Government of India’s Social Media Terms and Conditions: Ministry of Tourism, Government of India has created its social media channels as a medium of interaction among people who are planning to visit, have visited, or simply want to spend holidays in India. Here you’ll find general information, tips on travelling to and/or working in India, as well as plenty of images and video that help capture the Indian experience. We welcome all those who have ever visited India to share your comments, images and videos. Ministry of Tourism, Government of India does not accept responsibility for the comments of fans on this page and it’s important to note that postings to the Ministry of Tourism, Government of India Facebook page are not representative of the opinions of Ministry of Tourism, Government of India or the Government of India, nor do we confirm their accuracy. We encourage the expression of opinions and free, frank and open discussion, but we do want people to act responsibly. Posts will be deleted if they contain:violent, obscene, profane, hateful, derogatory, illegal or racist comments, content, links or images or incite such comment or behaviour comments that threaten or defame any person or organisation solicitations, advertisements, or endorsements of any financial, commercial organisations multiple successive off-topic posts by a single user repetitive posts copied and pasted or duplicated by single or multiple users offensive, inaccurate, false, misleading or deceptive comments or content material which infringes third party intellectual property rights any other inappropriate content or comments as determined by Ministry of Tourism, Government of India Users who do not comply with this policy will also be blocked from the page as per Ministry of Tourism, Government of India's absolute discretion. If you have any questions about this policy, please contact us at email@example.com Contributing to Ministry of Tourism, Government of India’s social media profiles Ministry of Tourism, Government of India does NOT claim ANY ownership rights in photos or videos that you post on any of our social media platforms including but not limited to Facebook, Instagram and Twitter, or by use of #IncredibleIndia, #IndiaTravel, #IndianArchitecture etc. However, by submitting you hereby grant to Ministry of Tourism, Government of India a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and/or reproduce, your photo, including editing, compiling and assembling video works, interstitials or the use of photographic works as underlying works compiled into moving image without limitation in any online media formats (including e-newsletters) and through any social media channels, pages or accounts. If your photo is used on Ministry of Tourism, Government of India’s digital or social platforms (including IncredibleIndia.org), your name and/or business will always be credited. We may also choose at our sole discretion to link back to your website or business social media profile. Ministry of Tourism, Government of India may, at its discretion attach logos or other branding devices on photos or videos. You can revoke this licence at any time by contacting us in writing at firstname.lastname@example.org and informing us that you no longer want us to use your photo.