Terms of Use

Welcome to the Digital Media Reserve website, a website owned and operated by Digital Media Initiatives (the "Antrik ExPress").

The terms and conditions stated below, along with the policies and guidelines located throughout the Antrik ExPress Site (collectively herein the "Terms of Use") identify what you, as a user of the Antrik ExPress Site ("you" or "User", "Publisher") can expect from Antrik ExPress and affiliates (together referred to herein as "Antrik ExPress"), and/or persons who provide products or services to Antrik ExPress end-users either directly or through Antrik ExPress ("Antrik ExPress Providers") and the Antrik ExPress Site and what Antrik ExPress in turn expects from Users.

By visiting any area on the Antrik ExPress Site, creating an account, making a purchase via the Antrik ExPress Sites, downloading software or digital content (including applications developed by Digital Media Initiatives or third parties) from the Digital Media Initiatives Sites, joining any Digital Media Initiatives online Community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to Digital Media Initiatives user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "Antrik ExPress Services"), a User is deemed to have accepted the Terms of Use.

These Terms of Use shall also apply to eBookstores operated by Antrik ExPress. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave this Site immediately.

1. Licenses and Restrictions

Antrik ExPress grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Digital Media Reserve/ Antrik ExPress) of the contents of the Antrik ExPress Site, which includes the Digital Content, as defined in Section 10, ("Content").

Antrik ExPress further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Antrik ExPress Site so long as the link does not portray Antrik ExPress, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to modify, download (other than page caching, or with respect to Digital Content), reproduce, copy, or resell the Antrik ExPress Site, the Content or any portion or derivative thereof.

2. Trademarks

Antrik ExPress, Digital Media Initiatives, Digital Media Reserve, Antrik.com (Antrik), ePubNow.com (ePubNow!) or their respective parents, subsidiaries, or affiliates, or third parties from whom Antrik ExPress has permission, own the trademarks or service marks that are used on the Antrik ExPress Site. All rights are reserved.

These and other graphics, logos, service marks, trademarks and trade dress of Antrik ExPress and its licensors may not be used without prior written consent of Antrik ExPress or its licensor, as the case may be.

3. Content

3.1 Proprietary Rights

User acknowledges that the Antrik ExPress Site contains Content, including Digital Content, as that term is defined in Section 10 below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the Indian copyright laws, and Antrik ExPress owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Antrik ExPress Site.

3.2 Third-Party Content

Antrik ExPress is a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section 10 below, supplied by third parties and Users. Antrik ExPress has no editorial control over such Content.

Antrik ExPress is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section 10 below.

Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Antrik ExPress or any Antrik ExPress Provider, unless expressly stated otherwise.

Neither Antrik ExPress nor any Antrik ExPress Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated.

In many instances, the Content, including Digital Content and User Created Content, available through the Antrik ExPress Site represents the opinions and judgments of the third party that provides such Content.

Under no circumstance shall either Antrik ExPress or any Antrik ExPress Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Antrik ExPress Site.

It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the Antrik ExPress Site.

4. Prices

The price for an item on the Antrik ExPress Site may differ from the price shown in a User's shopping cart - it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made.

5. Product Description

The items offered for sale on the Antrik ExPress contain descriptions that are provided directly by the publisher or distributor of such item. Antrik ExPress does not represent or warrant that the descriptions of such items are accurate or complete.

ITEMS ONCE SOLD WILL NOT BE RETURNED.

6. Age of End-users

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Digital Media Initiatives websites without the supervision of a parent or legal guardian.

Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Digital Media Initiatives websites, we will remove that information as soon as possible.

7. Termination of Usage

Antrik ExPress may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Antrik ExPress Site including any account thereon, without notice, for any reason in Antrik ExPress's sole discretion, including without limitation violation of the Terms of Use, Antrik ExPress's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Antrik ExPress, any Antrik ExPress Provider or another User.

8. Indemnity

User agrees to indemnify and hold Antrik ExPress and each Antrik ExPress Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Antrik ExPress Site as that term is defined in Section 10 below, the Antrik ExPress Services, breach of the Terms of Use or User's violation of any law or the rights of a third party.

9. Password and Account Security

Every User that has an account on the Antrik ExPress Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Antrik ExPress account using an old e-mail address, such User will not receive messages from Antrik ExPress about his or her orders and inquiries or other matters).

User accepts full responsibility for all activities that occur within such User's Antrik ExPress account or within the Antrik ExPress Community.

10. Digital Content

Digital Content: Antrik ExPress offers Users the ability to purchase or download digital content, such as eBooks, digital magazines, digital newspapers, digital journals and other periodicals, blogs, applications (including applications developed by Digital Media Initiatives or third parties), and other digital content as determined by Antrik ExPress from time to time from and through the Antrik ExPress Site (individually and collectively, "Digital Content"). Antrik ExPress grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with these Terms of Use.

Antrik ExPress Account: Users may generally browse, preview, or search Digital Content without having to purchase or download the Digital Content. In order to be able to purchase and/or download Digital Content, a User must first open a Antrik ExPress account; provide valid credit card information and the User's billing address to Antrik ExPress; and install an eReader software application onto their computer or electronic reading devices), if such an eReader Software is not already preloaded.

Separate Software/ Hardware Licenses: There may be separate end user license agreements you may need to accept in connection with specific hardware or software you may use to preview Digital Content. Your failure to accept and agree to the terms of those agreements may prevent, restrict and/or limit your ability to use the Digital Content.

My Bookshelf: Your purchased Digital Content will be stored in, or accessible from, your online bookshelf on the Antrik ExPress eBookstore <http://antrik.com> Site. You can access your bookshelf by signing into your Antrik ExPress account. You may also transfer the Digital Content from your bookshelf to no more than a total of six (6) other electronic devices that you own. You may not transfer the Digital Content from one electronic reading device to another without maintaining the applicable digital rights management solution for that Digital Content. You may not bypass, modify, defeat or circumvent any of the security features, special rules or other applications that protect the Digital Content.

Valid Credit Card: Digital Content is only available for purchase by Users with a credit card that has an India billing address. By opening a Antrik ExPress account for Digital Content, you represent and warrant to Antrik ExPress that you reside in India and that you are capable of entering a contract under the laws of the India. If you are a user from an international location, please ensure that the content you intend purchase and download from Antrik ExPress is legally acceptable in your country, and you may then use PayPal or an international credit card or debit card.

Availability of Digital Content: Antrik ExPress reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from your bookshelf, if for example, the publisher of the Digital Content no longer retains the rights or other licenses, consents or permissions to that Digital Content. Digital Content already downloaded to your devices will not be affected.

Warning: You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Digital Content; (ii) create derivative works from Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party.    

11. Community

The Antrik ExPress Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Community"). This Section 11, Community, applies to the activities of persons who are using interactive services on the Site ("Community Users"). The scope of these services may change from time to time, with or without notice. You are using Community services if you view or participate in the Digital Media Initiatives Book Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature.

Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Antrik ExPress Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Antrik ExPress Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Antrik ExPress reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

Antrik ExPress reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Community services for any reason.

If you become aware of misuse of the Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the Flag feature on the page in question.

Notwithstanding the foregoing, Antrik ExPress assumes no responsibility for ongoing monitoring of the Antrik ExPress Site or for removal or editing of any User Created Content, even after receiving notice. Antrik ExPress assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Community.

The Antrik ExPress online Community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Antrik ExPress does not specifically sponsor or endorse any of these sites or their services.

You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Antrik ExPress Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Antrik ExPress Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Antrik ExPress Site or the networks or services connected to the Community services; impersonates or attempts to impersonate another Community User, person or entity; uses the account, username, or password of another Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Antrik ExPress Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.

Community Users may upload to or otherwise submit to Antrik ExPress for distribution on the Antrik ExPress Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Antrik ExPress to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Antrik ExPress is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Antrik ExPress assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Community, Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted Antrik ExPress, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Antrik ExPress retains any and all rights which may exist in such User Created Content.

12. Notices

User consents to receive electronic communications from Antrik ExPress, whether addressed to the e-mail address associated with such User's Antrik ExPress account or posted on the Antrik ExPress Site. User acknowledges and agrees that any communication via e-mail or by postings on this Antrik ExPress Site satisfies any legal requirement that such communications be made in writing.

13. Disclaimers and Limitation of Liability

Antrik ExPress is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the Antrik ExPress Site or through the Antrik ExPress Services, whether caused by Users of the Antrik ExPress Site or the Antrik ExPress Services or by any of the equipment or programming associated with or utilized in the Antrik ExPress Site or the Antrik ExPress Services. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of Antrik ExPress. Profiles and third party applications created and posted by Users on the Antrik ExPress Site may contain links to other websites. Antrik ExPress is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Antrik ExPress. Inclusion of any linked website on the Antrik ExPress Services does not imply approval or endorsement of the linked website by Antrik ExPress. When you access these third party sites, you do so at your own risk. Antrik ExPress takes no responsibility for third party advertisements or third party applications that are posted on or through the Antrik ExPress Site or the Antrik ExPress Services, nor does it take any responsibility for the goods or services provided by its advertisers. Antrik ExPress is not responsible for the conduct, whether online or offline, of any User of the Antrik ExPress Site or the Antrik ExPress Services. Antrik ExPress assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Antrik ExPress is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Antrik ExPress Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Antrik ExPress Site or Services. Under no circumstances shall Antrik ExPress be responsible for any loss or damage, including personal injury or death, resulting from use of the Antrik ExPress Site or Services, from any Content, including Digital Content and User Created Content, posted on or through the Antrik ExPress Services, from the Digital Media Initiatives eReader Software, or from the conduct of any Users of the Antrik ExPress Site or Antrik ExPress Services, whether online or offline.

The Antrik ExPress Site is provided by Digital Media Initiatives on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Antrik ExPress provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither Antrik ExPress nor any Antrik ExPress Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Antrik ExPress Site, or the information, Content, including Digital Content and User Created Content, and materials or products included thereon; (ii) that the Antrik ExPress Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, or merchandise provided through the Antrik ExPress Site; or (iv) that the Antrik ExPress Site, its servers, Content, including Digital Content and User Created Content, or e-mails sent from or on behalf of Antrik ExPress are free of viruses, scripts, trojan horses, worms or other harmful components.

Antrik ExPress does not guarantee the continuous, uninterrupted or secure access to the Antrik ExPress Site, or any related services. The operation of the Antrik ExPress Site may be interfered with by numerous factors outside the control of Antrik ExPress.

Under no circumstances shall Antrik ExPress or any Antrik ExPress Provider be liable for any damages that result from the use of or inability to use the Antrik ExPress Site, including but not limited to reliance by a User on any information obtained from the Antrik ExPress Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Antrik ExPress's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, merchandise, and services available through the Antrik ExPress Site.

Neither Antrik ExPress nor any Antrik ExPress Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Antrik ExPress Site, or the purchase or download of any Content, including Digital Content, or product wherefrom, even if Antrik ExPress or any Antrik ExPress Provider have been advised of the possibility of such damages.

14. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Antrik ExPress to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

15. Applicable Law & Jurisdiction

The Antrik ExPress Site is created and controlled by Digital Media Initiatives in the State of Karnataka, India. The laws of India will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

16. Dispute Resolution

Any claim or controversy at law or equity that arises out of the Terms of Use, the Antrik ExPress Site or any Antrik ExPress Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Indian Council of Arbitration under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

You are solely responsible for your interactions with other Users. Antrik ExPress reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

17. Indian Copyrights Act

If you believe in good faith that materials hosted by Antrik ExPress, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send Antrik ExPress a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);

(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Antrik ExPress to locate the material on the Antrik ExPress Site;

(d) the name, address, telephone number and e-mail address (if available) of the complaining party;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the INDIAN COPYRIGHTS ACT permits you to send Antrik ExPress a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the INDIAN COPYRIGHTS ACT; see http://copyright.gov.in/ for details.

Notices and counter-notices with respect to this website should be sent to: copyright.notice@digitalmediareserve.com

Antrik ExPress suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the INDIAN COPYRIGHTS ACT.

18. Additional Terms & Conditions

In addition to the policies and guidelines located throughout the Antrik ExPress Site, the following policies are incorporated into the Terms of Use:

Copyright Policy: (also accessible via a link on the bottom of the Antrik ExPress Site pages)

Privacy Policy: (also accessible via a link on the bottom of the Antrik ExPress Site pages)

19. Acknowledgment

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Antrik ExPress regarding User's relationship with Antrik ExPress and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

20. Modification

Antrik ExPress reserves the right to make changes to the Antrik ExPress Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on January 20, 2012.




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