Terms

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The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of steelreporter.com (hereinafter referred to as "mobile app"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the mobile app / website (the "User(s)") and The Steel Reporter (hereinafter referred to as "TSR").

Before you subscribe to and/or begin participating in or using mobile app / website, TSR believes that user(s) have fully read, understood and accepted the agreement.

If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the mobile app or mobile app / website.

1. MOBILE APP / WEBSITE- MERELY A PLATFORM

Mobile App / website acts as a mere platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange / information.

We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between TSR and other party.

2. USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by TSR. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law, i. e. user(s) must be at least 18 years of age to be eligible to use our services.

TSR advises its users that while accessing the mobile app / website, they must follow/abide by the related laws. TSR is not responsible for the possible consequences caused by your behaviour during use of mobile app / website. TSR may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of mobile app / website.

3. USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the mobile app / website for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

This agreement applies to all TSR services offered on the mobile app / website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

4. AMENDMENT TO USER(S) AGREEMENT

TSR may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.

5. INTELLECTUAL PROPERTY RIGHTS

TSR is the sole owner or lawful licensee of all the rights to the mobile app / website and its content. Mobile app / website content means its design, layout, text, images, graphics, sound, video etc. The mobile app / website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the mobile app / website and its content shall remain with steelreporter.com, its affiliates or licensor's of steelreporter.com content, as the case may be.

All rights, not otherwise claimed under this agreement or by steelreporter.com, are hereby reserved. The information contained in this mobile app / website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. TSR does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this mobile app / website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this mobile app / website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall TSR be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

The information presented here has been compiled from publicly aired and published sources. TSR respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. TSR reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.

• Trademark

"The Steel Reporter", " the Steel Reporter", "Steel Reporter", and related icons and logos are registered trademarks or trademarks or service marks of TSR in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

• Copyright

All content on this mobile app / website is the copyright of TSR except the third party content and link to third party mobile app / website on our mobile app / website.

TSR is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post literally tens of thousands of trade leads for items on the mobile app / website each day - have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. TSR is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, TSR is not endorsing a claim of infringement. Neither, in those instances in which TSR declines to take down a listing, is TSR determining that the listing is not infringing, nor is TSR endorsing the sale of goods in such cases.

TSR respects the intellectual property rights of others, and we expect our user(s) to do the same. We believes that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the mobile app / website (the "TSR content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with TSR, or otherwise commercially exploiting the TSR content. Systematic retrieval of TSR content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TSR is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of TSR's services, you agree that you will not use the mobile app / website service to infringe the intellectual property rights of others in any way. TSR reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the TSR service, or if TSR believes that user(s) conduct is harmful to the interests of TSR, its affiliates, or other users, or for any other reason in TSR's sole discretion, with or without cause.

• URL's/Sub-Domain

URL's/Sub-Domain Names assigned by TSR to its users (which includes both paid and free) is the exclusive property of TSR and it cannot be assumed to be permanent in any case. TSR reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, IIL WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

6. LINKS TO THIRD PARTY SITES

Links to third party sites are provided by mobile app / website as a convenience to user(s) and TSR does not has any control over such sites i.e content and resources provided by them.

TSR may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's mobile app / website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. TSR believes that user(s) acknowledge that TSR has no control over such third party's site, does not monitor such sites, and TSR shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

7. TERMINATION

Most content and some of the features on the mobile app / website are made available to visitors free of charge. However, TSR reserves the right to terminate access to certain areas or features of the mobile app / website (to paying or registered users) at any time for any reason, with or without notice. TSR also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of TSR and/or other visitors to the mobile app / website. TSR reserves the right to limit, deny or create different access to the mobile app / website and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

TSR withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:

(a) If it concludes that the user(s) have provided any false information in connection with the member account to TSR, or are engaged in fraudulent or illegal activities.

(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of mobile app / website.

(c) Utilize mobile app / website to send spam messages or repeatedly publish the same product information.

(d) Post any material to members, that is not related to international trade or business cooperation.

(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form

(f) Any unauthorized access, use, modification, or control of the mobile app / website data base, network or related services.

(g) Obtain by any means mobile app / website member's user name and/or password.

If TSR terminates user(s) membership, user(s) will not have the right to re-enroll or join TSR under a new account or name unless formally invited to do so by TSR. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the mobile app / website wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the mobile app / website be liable to the user(s) or any third parties for any inability to use the mobile app / website (whether due to disruption, limited access, changes to or termination of any features on the mobile app / website or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the mobile app / website or any of its features.

8. REGISTERED USER(S)

To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.

User(s) can become a Registered User(s) by filling an on-line registration form on the mobile app / website by giving desired information (name, contact information, details of its business, etc.). TSR will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Mobile app / website may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.

If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to TSR during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize TSR to share such information with other user(s). TSR may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Mobile app / website may suspend or terminate a Registered membership at any time without any prior notification in interest of TSR or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of TSR in any way.

9. DATA PROTECTION

Personal information supplied by user(s) during the use of mobile app / website is governed by our privacy policy.

10. POSTING YOUR CONTENT ON MOBILE APP / WEBSITE

Some of the content displayed on the mobile app / website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the mobile app / website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.

TSR in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither TSR nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the mobile app / website. Any Third Party content is the sole responsibility of the party who has provided the content. TSR is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, TSR is not responsible for the conduct of user(s) activities on the mobile app / website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.

User(s) solely represent, warrant and agree to:

(a) provide TSR with true, accurate, current and complete information to be displayed on the mobile app / website and

(b) maintain and promptly amend all information to keep it true, accurate, current and complete.

User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to TSR to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the mobile app / website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the mobile app / website (hereafter referred to as"Third Party Rights").

User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the mobile app / website or provide to mobile app / website or authorize the mobile app / website to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the mobile app / website, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

User(s) hereby represent, warrant and agree that information submitted to TSR for display on the mobile app / website will not:

• Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
• Be part of a scheme to defraud other User(s) of the mobile app / website or for any other unlawful purpose;
• Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
• Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
• Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
• Solicit business from any User(s) in connection with a commercial activity that competes with TSR;
• Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
• Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
• Otherwise create any liability for TSR or its affiliates.

TSR reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the mobile app / website which it reasonably believes is unlawful, could subject TSR to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in TSR's opinion. Mobile app / website reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

In connection with any of the foregoing, mobile app / website may suspend or terminate the Account of any User as mobile app / website deems appropriate in its sole discretion. User(s) agree that mobile app / website shall have no liability to any User(s), including no liability for consequential or any other damages, in the event mobile app / website takes any of the actions mentioned in this Section, and that you agree to bear the risk that mobile app / website may take such actions.
Mobile app / website acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the mobile app / website. TSR do not have any role in developing the content.

11. INTERACTION BETWEEN USERS

TSR provides an on-line platform for exchanging information between buyers and suppliers of products and services. Mobile app / website does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. Mobile app / website does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the mobile app / website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. TSR encourages user(s) to use various tools available on the mobile app / website and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.

User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the mobile app / website to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the mobile app / website.

Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the mobile app / website may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the mobile app / website as a result of purchase and sale transactions in connection with using the mobile app / website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".

User(s) agree that TSR shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the mobile app / website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify TSR (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on mobile app / website solely for their personal or internal purposes. User(s) agree that they will not use TSR database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

12. LIMITATION OF LIABILITY/DISCLAIMER

The features and services on the mobile app / website are provided on an "as is" and "as available" basis, and mobile app / website hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. TSR makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the mobile app / website. TSR does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the mobile app / website does not violate any third party rights; and TSR makes no representations or warranties of any kind concerning any product or service offered or displayed on the mobile app / website. Any material downloaded or otherwise obtained through the mobile app / website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from mobile app / website or through or from the mobile app / website shall create any warranty not expressly stated herein.

Under no circumstances shall mobile app / website be held liable for an delay or failure or disruption of the content or services delivered through the mobile app / website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save mobile app / website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the mobile app / website (including but not limited to the display of your information on the mobile app / website) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save mobile app / website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to mobile app / website.

User(s) hereby further agree to indemnify and save mobile app / website, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the mobile app / website. User(s) hereby further agree that mobile app / website is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Mobile app / website reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with mobile app / website in asserting any available defenses.

Mobile app / website shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

• The use or the inability to use the mobile app / website;
• Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the mobile app / website;
• Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the mobile app / website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
• Unauthorized access by third parties to data or private information of any User(s);
• Statements or conduct of any User(s) of the mobile app / website; or
• Any matters relating to Premium Services however arising, including negligence.

13. MISCELLANEOUS

• Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• Mobile app / website's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives TSR's right to act with respect with subsequent or similar breaches.
• Mobile app / website shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.
• If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and TSR with respect to access to and use of the mobile app / website, superseding any prior written or oral agreements in relation to the same subject matter herein.