ACCEPTANCE OF TERMS
The Website that NetApp provides to you is subject to the following Terms & Conditions. NetApp reserves the right to update the Terms & Conditions at any time without notice to you. The most current version of the terms & conditions can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the bottom of the www.campus-connect.com/netapptexhibit (the "website") web pages.
YOU ACCEPT THE FOLLOWING TERMS & CONDITIONS ELECTRONICALLY BY USING OUR WEBSITE OR BY REGISTERING FOR THE NETAPP TEXHIBIT ONLINE STUDENT TECHNICAL PAPER CONTEST 2010 (THE "TERMS & CONDITIONS").
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY
When your acceptance of these terms reaches our servers through your affirmative act of using or registering for the contest, a binding agreement is made electronically between you and NetApp ("we" or "us"). You ["Participant"] agree that the laws of India shall govern the interpretation of these Terms & Conditions and apply to claims for breach of these terms. You agree to resolve any dispute by arbitration under the procedures we disclose below.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Website is 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, software, products or services obtained from the Websites.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Policy disclosures relating to the collection and use of your information.
INTELLECTUAL PROPERTY OWNERSHIP
NetApp will not be further liable to any third party for any contents posted by the participants, which may amount to plagiarism, libel, slander or violation of any copyright content of any third party. The Participant specifically agrees to indemnify and hold NetApp harmless from any such third part claim or action.
DATA PROTECTION
Our Privacy Policy explains the practices that apply with your information when you use our TeXhibit Website. You consent to the transfer of this information to and within the territory of India.
ELECTRONIC CONTRACTING AND NOTICES
You understand and agree that this is an online Contest and that we transact with our users electronically and not in paper form. Your affirmative act of using the Website or registering for the Website signifies your acceptance of our terms and your agreement to transact with us electronically. Your affirmative act of registering and clicking your acceptance to obtain a Screen Name constitutes your acceptance and electronic signature to these Terms & Conditions. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Website(collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with our Website, or (3) by posting the Notice on the applicable Website.
You agree that the contents of the pages of this website are for general information and use only and it is subject to change without notice by NetApp and CareerNet. Neither NetApp nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose and expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. You also agree that your use of any information or materials on this website is entirely at your own risk, for which NetApp and CareerNet shall not be liable. It shall be your own responsibility to ensure that any information available through this website meets your specific requirements.
INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Website arising out of the contents you submit, e-mail, transmit or make available through the Website, your violation of these Terms & Conditions , or your violation of any rights of another user of the Website. YOU RECOGNISE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
ARBITRATION
Any dispute arising in furtherance of these Terms and Conditions shall be served on the other, be submitted to binding arbitration. Said arbitration shall comply with and be governed by the provisions of the Arbitration and Conciliation Act, 1996. We shall each appoint one person to hear and determine the dispute whose decision shall be final and conclusive upon both parties to these terms and conditions. Should a consensus be not reached on such an appointment, both the parties shall appoint their respective arbitrators, and the arbitrators so chosen shall appoint the third arbitrator. The arbitration shall be conducted in English and the venue for the arbitration shall be at Bangalore.
CHANGES TO THE TERMS
You must be legally competent to enter into agreements. You agree that we may modify these Terms & Conditions any time. You are responsible for checking these Terms & Conditions periodically for changes. The latest Terms & Conditions will be displayed at the lower end of every web page on NetApp TeXhibit website.
TERMINATION
We may cancel or suspend your access to the contest, account at any time, without cause and/or without notice. We may terminate and/or suspend your contest account immediately, without notice, if there has been a violation of these Terms & Conditions and such other policies and terms posted on the website.
ENTIRE AGREEMENT
These Terms & Conditions and any supplemental terms, policies, rules and guidelines posted on TeXhibit website constitutes the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties to these terms and conditions, and the remaining portions shall remain in full force and effect.
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