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Terms and Conditions :

Last updated: July 28, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://wissenmonk.com website (the "Service") operated by Bhargab Bharali ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

WissenMonk has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that WissenMonk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Assam, India, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Also, the following terms apply to all the services and products that you use or collect

WissenMonk builds technologies and services that enable people to connect with each other, build communities. These Terms govern your use of WissenMonk and the other products, features, apps, services, technologies and software that we offer, except where we expressly state that separate terms (and not these) apply. These Products are provided to you by WissenMonk Pvt. Ltd.

We don't charge you to use WissenMonk or the other products and services covered by these Terms. We don't sell your personal data to advertisers, and we don't share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission

Our privacy policy explains how we collect and use your personal data.

  1. The services we provide

 

Our mission is to give people the power to create contents and put that in front of readers, build community and bring the world closer together. To help advance this mission, we provide the products and services described below to you:

  • Provide a personalised experience for you: Your experience on Facebook is unlike anyone else's: from the posts and other content that you see in Feed or the People that you follow and other features that you might use, such as search. We use the data that we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalise your experience.

  • Connect you with people and organisations that you care about: We help you find and connect with contents (comprising of only writing till now), authors, readers, people, groups, organisations and others that matter to you across the WissenMonk Products that you use. We use the data that we have to make suggestions for you and others – for example, People to follow, and articles that may want connect with. Stronger ties make for better communities, and we believe that our services are most useful when people are creating new original contents for people, groups and organisations that they care about.

  • Empower you to express yourself and create contents that matters to you and our community: There are many ways to express yourself on WissenMonk, for example, writing articles, poems, blogs, short stories, story series, book and viewing contents that other authors have created across the WisenMonk Products that you use.

  • Help you discover content, products and services that may interest you: We show you sponsored contents to help you discover content, products and services that are offered by the many businesses and organisations that use WissenMonk and other WissenMonk products. Section 2 below explains this in more detail.

  • Combat harmful conduct, and protect and support our community: People will only build community on WissenMonk if they feel safe. We overview your usage of WissenMonk products to detect misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account or contacting law enforcement. We share data with other organisations when we detect misuse or harmful conduct by someone using one of our Products.

  • Research ways to make our services better: We engage in research to develop, test and improve our Products. This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our privacy policy explains how we use data to support this research for the purposes of developing and improving our services.

  • Provide consistent and seamless experiences across the WissenMonk Products: Our Products help you find and connect with contents, authors, people, groups, businesses, organisations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different WissenMonk Products that you use. For example, we use data about the people you engage with on WissenMonk to make it easier for you to connect with them.

 

3. Your commitments to WissenMonk and our community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

  1. Who can use WissenMonk

When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

  • use the same name that you use in everyday life;

  • provide accurate information about yourself;

  • create only one account (your own) and use your timeline for personal purposes; and

  • not share your password, give access to your WissenMonk account to others or transfer your account to anyone else (without our permission).

We try to make WissenMonk broadly available to everyone, but you cannot use WissenMonk if:

  • You are under 13 years old (or the minimum legal age in your country to use our Products).

  • You are under 18 and your parents or guardian consent (Guardian should be above the age of 21)

  • You are a convicted sex offender.

  • We've previously disabled your account for violations of our Terms or Policies.

  • You are prohibited from receiving our products, services or software under applicable laws.

 

  1. What you can share and do on WissenMonk

We want people to use WissenMonk to express their creativity and skills and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  1. You may not use our Products to do or share anything:

    • That breaches these Terms, our community standards and other Terms and Policies that apply to your use of WissenMonk.

    • That is unlawful, misleading, discriminatory or fraudulent.

    • That infringes or violates someone else's rights, including their intellectual property rights.

  2. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.

  3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.

We can remove or restrict access to content that is in violation of these provisions.

If we remove content that you have shared in violation of our Community Standards, Terms of Services we'll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

 

  1. The permissions you give us
    We need certain permissions from you to provide our services:

    1. Permission to use content that you create and share: You own the content that you create and share on WissenMonk and the other WissenMonk Products you use, and nothing in these Terms takes away the rights that you have to your own content. You are free to share your content with anywhere else, wherever you want. To provide our services, however, we need you to give us some legal permissions to use this content.

Specifically, when you share, post or upload content that is covered by intellectual property rights (e.g. photos, writings or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy policy). This licence is only for the purpose of making our Products available to you and the rest world population. This means, for example, that if you share a photo, video or article on WissenMonk, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other WissenMonk Products.

You can end this licence at any time by deleting your content or account. You should know that, for technical reasons, any content that you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content that you delete may continue to appear if you have shared it with others and they have not deleted it.

  1. Use of your name, profile picture and information about your actions with ads and sponsored content: Your name and profile picture and information about actions you have taken on WissenMonk can be used next to or in connection with sponsored content that we display across our Products, without any compensation to you.

  2.  

Permission to update software that you use or download: If you download or use our software, you give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop it.

 

  1. Limits on using our intellectual property
    If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on WissenMonk), we retain all rights to that content (but not yours). You can only use our copyrights only with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

 

4. Additional provisions

  1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.

We will try to notify you (for example, by email or through our Products) at least 15 days before we make changes to these Terms, unless changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the WissenMonk community, you can delete your account at any time.

 

  1. Account suspension or termination

We want WissenMonk to be a place where people feel welcome and safe to express themselves and share their thoughts, ideas, skills, and creativity.

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.

Where we take such action, we'll let you know and explain any options, if available, you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our sources, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.

 

  1. Limits on liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is", and we make no guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).

We cannot predict when issues may arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the WissenMonk Products, even if we have been advised of the possibility of such damages.

 

  1. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the WissenMonk Products ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the Indian District Court for the Kamrup Metro District of Assam or a state court located in Assam. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Assam will govern these Terms and any claim, without regard to conflict of law provisions.

 

  1. Other

    1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and WissenMonk regarding your use of our Products. They supersede any prior agreements.

    2. Some of the Products we offer are also governed by supplemental Terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

    3. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

    4. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.

    5. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

    6. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will try to inform you in advance if we have to do this and explain why.

    7. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

    8. We reserve all rights not expressly granted to you.

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