Disclaimer

Disclaimer

  1. Terms
    By accessing the website at www.thecognitiontree.com, you agree to be bound by these Terms and Conditions of Use, all applicable laws, and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
  2. Use License
    Permission is granted to temporarily download one copy of the materials (information or software) on The Cognition Tree website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on The Cognition Tree website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Cognition Tree at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You are only authorized to use the website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the Privacy Policy. Please note that these Terms of Use apply to all users of The Cognition Tree website, including users who are contributors of video content, Content for information consumers, and other materials or services on the website.

The Cognition Tree prohibits pornography on its site. Please choose carefully the information you post on The  Cognition Tree website and that you provide to other users. Your content must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing sexually explicit or otherwise objectionable subject matter. Stringent penal and criminal actions will be initiated against those found indulging in the above-referred activities.

You may not post content that seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Any user who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the Section 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, the information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and The Cognition Tree assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by The Cognition Tree by any person, please contact us at thecognitiontree@gmail.com.

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with the same.

  1. Disclaimer
    The materials on The Cognition Tree website is provided “as is”.  The Cognition Tree makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Cognition Tree does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website, or otherwise relating to such materials or on any sites linked to this site.

The Cognition Tree does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, or any hyperlinked website or featured in any banner or other advertising, and The Cognition Tree will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

The Cognition Tree 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 or member communication, whether based on contract, tort, negligence, strict liability or otherwise. The Cognition Tree 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 email or players due to technical problems or traffic congestion on the internet, or on any of The Cognition Tree services of a combination thereof, including injury or damage to users or to any person’s computer related to or resulting from participation in connection with The Cognition Tree services.

Under no circumstances shall The Cognition Tree be responsible for any loss or damage, including personal injury or death, resulting from the use of The Cognition Tree services, attendance at The Cognition Tree event, from any content posted on or through The Cognition Tree services, or from the conduct of any users of our services, whether online or offline, in contract, tort or otherwise. The Cognition Tree does not promise any specific results from the use of its services.

  1. Limitation of Liability
    In no event shall The Cognition Tree, its owners, affiliates, group companies, associated entities, officers, directors, employees, consultants, agency, or its suppliers be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any any, including but not limited to, loss of profits, business interruption, and/or loss of information or data resulting from:

(i) errors, mistakes, or inaccuracies of content
(ii) personal injury or property damage, of any nature, resulting from your access to and use of our website
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
(iv) any interruption or cessation of transmission to or from our website
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website and app by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our website and app, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that The Cognition Tree shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The website is controlled and offered by The Cognition Tree from its facilities in India. The Cognition Tree makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.

  1. Revisions and Errata
    The materials appearing on The Cognition Tree website could include technical, typographical, photographic or pricing errors. The Cognition Tree does not warrant that any of the materials on its website are accurate, complete, or current. The Cognition Tree may make changes to the materials contained on its website at any time without notice, including but not limited to making modifications and alternations in any or all of the content, products, features and services or change/charge any fees or charges for use of the service contained on the website, suspend/cancel/discontinue a service at any time without notice. The Cognition Tree does not, however, make any commitment to update the materials. You will be deemed to have accepted such change/s if you continue to access the website subsequent to such changes.
  2. Links
    The Cognition Tree has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Cognition Tree of the site. Use of any such linked website is at the user’s own risk.

Links to third-party websites are not owned by The Cognition Tree. The site and app have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, The Cognition Tree will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve The Cognition Tree from any and all liability arising from your use of this website and any third party website as aforesaid. Accordingly, we encourage you to be aware when you move out of The Cognition Tree site and to read the terms and conditions and privacy policies of websites that you visit.

The Cognition Tree will not be party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any such products and/or services.

  1. Submission & Ownership of Content
    You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services and happenings, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted on the website, and any material or information that you transmit to other users for your interactions with other users. The Cognition Tree does not endorse and has no control over the content. Content is not necessarily reviewed by The Cognition Tree prior to posting and does not necessarily reflect the company’s opinions or policies. The Cognition Tree makes no warranties, express or implied, as to the content posted or submitted by users or to the accuracy, completeness, safety, timeliness, legality, quality and reliability of the content posted or submitted by users or any material or information that you transmit to other users.

Under no circumstances will we be liable in any way for any content, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content posted or uploaded. By posting comments and other community services you agree not to upload, post or otherwise transmit any matter or views which are threatening, defamatory, abusive, obscene, offensive, illegal, infringing of other’s rights including intellectual property rights, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable, or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person/user or download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner.

The Cognition Tree reserves the right but has no obligation, to monitor disputes between you and any entity which you have reviewed.

In addition, the following is a non-exhaustive list of the kind of content and communications that are illegal or prohibited on/through The Cognition Tree website. The Cognition Tree reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from The Cognition Tree service and terminating the membership of such violators or blocking your use of The Cognition Tree service and/or the website.

You may not post content that:
– is false or intentionally misleading;
– is patently offensive to users of The Cognition Tree website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– involves the transmission of unsolicited mass mailing or “spamming”;
– promotes illegal activities or conduct that is abusive;
– is threatening, obscene, defamatory or libelous;

Important Usage Conditions
The website permits the submission of videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such user submissions. You understand that whether or not such user submissions are published, The Cognition Tree does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent, and/or warrant that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorise The Cognition Tree to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all user submissions to enable inclusion and use of the user submissions in the manner contemplated by the website, and these Terms of Use; and
  2. You have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submissions in the manner contemplated by the website, and these Terms of Use. For clarity, you retain all of your ownership rights in your user submissions. However, by submitting the user submissions to The Cognition Tree, you hereby grant The Cognition Tree a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the website, and its successor’s business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your user submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the website, and under these Terms of Use.
  3. Registration and Security
    In order to access some features of the website, you may now or in the future have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The Cognition Tree immediately of any breach of security or unauthorized use of your account. Although The Cognition Tree will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The Cognition Tree or others due to such unauthorized use.

In consideration of your use of the website, and services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the website, and/or the services. You are responsible for maintaining the confidentiality of your password and agree not to transfer your use of or access to the website, or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of a person other than yourself without appropriate authorization. The Cognition Tree reserves the right to refuse registration of, or cancel, a User ID in its discretion.

  1. Charges
    You acknowledge that The Cognition Tree may reserve the right to charge for its services in the future on the website or to change its fees from time to time at its discretion. If The Cognition Tree terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees, if any.
  2. Delays in Services
    Neither The Cognition Tree (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The website shall have no responsibility to provide you access to the site due to interruption by any such cause.
  3. Trademark & Copyright
    The Cognition Tree is a proprietary registered trademark of The Cognition Tree. All material available on this website is protected by copyright and trademark laws. Access to The Cognition Tree services and content is subject to the Terms of Use, which you accepted during the registration process and/or by using the website. These Terms of Use contain warranty disclaimers, guidelines for links to other websites and linking disclaimers and limitations on use.
  4. Indemnity
    You agree to defend, indemnify and hold harmless The Cognition Tree, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorneys fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the website; (ii) your violation or non-compliance of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the website.

We reserve the right to disclosure of any personal information about you and your use of the website, including its contents, without your prior permission, if we have a good faith belief that such action is necessary to
1. conform to legal requirements or comply with legal process;
2. protect and defend our rights or property or our affiliated companies;
3. enforce the Terms of Use; or
4. act to protect the interest of our members or others.

  1. Site Terms of Use Modifications
    The Cognition Tree may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
  2. Governing Law
    These Terms of Use and any claim relating to The Cognition Tree website shall be governed by and construed in accordance with the laws of the Republic of India without regard to its conflict of law provisions, and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated in Kolkata, India.