Last updated: 1st April 2013
Acceptance of Terms
Tarantula owns multiple Internet sites, including Tarantula, site-share.com, crime-s.com and others, each of which has separate terms and conditions of use, a link to which appears at the bottom of the home page for each such site. Your use of the tarantula.net Internet site (this “Site”), including the services and/or materials provided to you pursuant to this Site, is subject to the following terms and conditions (the “Terms”). By accessing, using, or registering to use Services (as defined herein) and/or Materials (as defined herein) from this Site, you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
Tarantula may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, “Services”). The Services, including any updates and enhancements, are subject to the Terms.
Use of Materials
Any information or materials that are made available for download from this Site or otherwise provided to you (“Materials”) is the copyrighted work of Tarantula and/or its licensors (if any). You must be a registered Tarantula subscriber in order to download and/or use the Materials and you must retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Furthermore, your right to download and/or use the Materials will be subject to these Terms. Any use, reproduction or redistribution of the Materials not in accordance with these Terms is prohibited.
The origins of such materials may be internal or external to Tarantula. While third party Materials are believed to be reliable, such third party Materials has not been independently authenticated, tested or verified in whole or in part by Tarantula. All Materials provided on Tarantula websites, including any material from third parties, is “as is,” and Tarantula makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. Tarantula shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.
Limitation of Use
Unless otherwise specified in the Terms and/or the Tarantula License Agreement, the Services and Materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Tarantula via email or post).
You may obtain direct access via the Site to certain confidential information of Tarantula, including without limitation, technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold such Confidential Information in strict confidence. The title to all Confidential Information remains with Tarantula.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Tarantula’s written request, you must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Tarantula, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Tarantula adequate to afford Tarantula the opportunity to object to the disclosure.
Policy on Privacy
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration (“Your Data”), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your information. At our sole discretion, we may terminate the records of users who may have provided inaccurate or incomplete information during registration.
Materials Provided to Tarantula or Posted at the Site
Tarantula does not claim ownership of the materials you may provide to Tarantula (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Tarantula a non-exclusive, royalty-free, worldwide license to use your Submission in connection with the operation of business (including, without limitation, all Tarantula Products and Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Tarantula is under no obligation to post or use any Submission you may provide and Tarantula may remove any Submission at any time at its sole discretion.
Links to Third Party Websites and Content
Links to third party web sites or content on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products, sweepstakes or materials found there, or any results that may be obtained from using them.
If you decide to access any of the third party sites linked to this Site, or decide to participate in any sweepstakes or contests offered by third parties pursuant to links on Tarantula Site, you do this entirely at your own risk.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TARANTULA, ITS SUBSIDIARIES OR AFFILIATES OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This site is controlled and operated by Tarantula from its offices in India. Tarantula makes no representation that materials or services at this Site are appropriate or available for use outside India, and access to them from territories where their contents are illegal is prohibited.
You agree to indemnify and hold Tarantula and its subsidiaries, affiliates, shareholders, officers, directors, agents, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the state of Telangana, India. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state court in the state of Telangana, India.
The failure of Tarantula to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The following list shows Tarantula trademarks licensed for use for our products, services and other features and/or slogans.
“Tarantula Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations used by Tarantula in connection with its products and services. You agree to comply with the Tarantula Trademark and Logo Usage Requirements. You may not remove or alter any Tarantula Trademarks, or co-brand your own products or material with Tarantula Trademarks, without Tarantula’s prior written consent. You acknowledge Tarantula’s rights in Tarantula Trademarks and agree that any use of Tarantula trademarks by you shall inure to Tarantula’s sole benefit. You agree not to incorporate any Tarantula Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.