1. YOUR ACCEPTANCE
By using and/or visiting this website (collectively, including all Content available through the SHURJORAJJO.com.bd domain name, or "Website"), you signify your assent to these terms and conditions (the "Terms of Service").If you do not agree to any of these terms, then please do not use the SHURJORAJJO.com.bd
a. Shurjomukhi Ltd- a private company limited by share, registered under Companies Act 1994, incorporation no of which is being………………., dated……………………….And registered office of which is ……………………………………………………………………….
b. Account- a narrative or record of particulars of a person.
c. Contents- information and experiences that may provide value for an end-user/audience in specific contexts. Content may be delivered via any medium such as the internet, television, and audio CDs, as well as live events such as conferences and stage performances. The word is used to identify and quantify various formats and genres of information as manageable value-adding components of useful media to the target audience.
d. Published work- the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication.
e. Prominently placed acknowledgement- a very well visible recognition of another's existence, validity, authority, or right. In other words a formal declaration made to authoritative witnesses to ensure legal validity.
f. Commercialization- to apply methods of business for profit or to do, exploit, or to make chiefly for financial gain.
All rights and title in SHURJORAJJO.com.bd will be treated as the property of Shurjomukhi Ltd. These Terms of Service apply to all users of the SHURJORAJJO.com.bd, including users who are also contributors of video works, sound works, digital photography, Literary Works, Mobile Applications, information, and other materials or services on the Website. The SHURJORAJJO.com.bd may contain links to third party websites that are not owned or controlled by SHURJORAJJO.com.bd SHURJORAJJO.com.bd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or persons. In addition, SHURJORAJJO.com.bd will not and cannot edit, alter, merge the content of any third-party. By using the Website, you expressly relieve SHURJORAJJO.com.bd from any and all liability arising from your use of any third-party.
4. WEBSITE ACCESS
4.1. SHURJORAJJO.com.bd hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without prior written authorization by Shorjorajjo.com; (iii) you will not alter or modify any part of the Website or its contents other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
4.2. In order to access some features of the Website, you will have to create an account. You may never use another'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 SHURJORAJJO.com.bd immediately of any breach of security or unauthorized use of your account. Although SHURJORAJJO.com.bd will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SHURJORAJJO.com.bd or others due to such unauthorized use.
4.3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the SHURJORAJJO.com.bd servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, SHURJORAJJO.com.bd grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SHURJORAJJO.com.bd reserves the right to revoke these exceptions either generally or in specific cases.
4.4. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
5. INTELLECTUAL PROPERTY RIGHTS
The content on the SHURJORAJJO.com.bd, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, mobile applications and the like "Content" and the trademarks, service marks and logos contained therein "Marks", are owned by or licensed to SHURJORAJJO.com.bd, subject to copyright and other intellectual property rights under prevailing laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the SHURJORAJJO.com.bd and respective creators subject to clause 11 below. SHURJORAJJO.com.bd reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein clause 11 below, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SHURJORAJJO.com.bd or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SHURJORAJJO.com.bd or the Content therein.
6. USER SUBMISSIONS
6.1. The SHURJORAJJO.com.bd is permitting communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SHURJORAJJO.com.bd does not guarantee any confidentiality with respect to any submissions.
6.2. 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:
6.3. You own or have the necessary licenses, rights, consents, and permissions to use and authorize SHURJORAJJO.com.bd 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 Service; and
6.4. 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 Service.
6.5. For clarity, you retain your ownership rights in your ordinary User Submissions. However, by submitting the contents to SHURJORAJJO.com.bd, you hereby grant SHURJORAJJO.com.bd a worldwide, exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SHURJORAJJO.com.bd and SHURJORAJJO.com.bd 's (and its successor's) business, including without limitation for promoting and redistributing part or all of the SHURJORAJJO.com.bd (and derivative works thereof) in any media formats and through any media channels.
6.6. By uploading the object into the site you are authorizing the SHURJORAJJO.com.bd with an exclusive right to deal with the property as proportionate (SHURJORAJJO.com.bd 30% Creator 70%) owner of its proceeds from the date of uploading the objects. You further submit that you will not deal with the property in manner that interferes with the entitlement of SHURJORAJJO.com.bd.
6.7. You also hereby grant each user of the SHURJORAJJO.com.bd a 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 Service. The foregoing license granted by you can be terminated at the discretion of SHURJORAJJO.com.bd
6.8. In connection with User Submissions, you further agree that you will not:
6.8.1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or creator or have permission from their rightful owner or creator to post the material and to grant SHURJORAJJO.com.bd all of the license rights granted herein;
6.8.2. Publish falsehoods or misrepresentations that could damage SHURJORAJJO.com.bd or any third party;
6.8.3. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
6.8.4. Post advertisements or solicitations of business:
6.8.5. Impersonate another person. SHURJORAJJO.com.bd does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SHURJORAJJO.com.bd expressly disclaims any and all liability in connection with User Submissions.
6.9. SHURJORAJJO.com.bd does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SHURJORAJJO.com.bd will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SHURJORAJJO.com.bd reserves the right to remove Content and User Submissions without prior notice. SHURJORAJJO.com.bd will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
6.10. SHURJORAJJO.com.bd also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
6.11. SHURJORAJJO.com.bd may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
6.12. In particular, if you are a copyright owner or creator or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Copyright Act, 2000.
6.13. You understand that when using the SHURJORAJJO.com.bd , you will be exposed to User Submissions from a variety of sources, and that SHURJORAJJO.com.bd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
6.14. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SHURJORAJJO.com.bd with respect thereto, and agree to indemnify and hold SHURJORAJJO.com.bd, its Creator/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. SHURJORAJJO.com.bd reserves the right to discontinue any aspect of the SHURJORAJJO.com.bd at any time.
7. WARRANTY DISCLAIMER
You agree that your use of the SHURJORAJJO.com.bd shall be at your sole risk. To the fullest extent permitted by law, SHURJORAJJO.com.bd, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. SHURJORAJJO.com.bd makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any--
7.1. Errors, mistakes, or inaccuracies of content,
7.2.Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
7.3.Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
7.4.Any interruption or cessation of transmission to or from our website,
7.5.Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
7.6.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 content posted, emailed, transmitted, or otherwise made available via the SHURJORAJJO.com.bd SHURJORAJJO.com.bd does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the SHURJORAJJO.com.bd or any hyperlinked website or featured in any banner or other advertising, and SHURJORAJJO 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. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
8. LIMITATION OF LIABILITY
In no event shall SHURJORAJJO.com.bd, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
8.1. Errors, mistakes, or inaccuracies of content,
8.2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
8.3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
8.4. Any interruption or cessation of transmission to or from our website,
8.5. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
8.6. 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 the SHURJORAJJO.com.bd, whether based on warranty, contract, tort, or any other legal theory, and
8.7. 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.
9. ACKNOWLEDGEMENT BY YOU
You specifically acknowledge that SHURJORAJJO.com.bd 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. SHURJORAJJO.com.bd makes no representations that the SHURJORAJJO.com.bd is appropriate or available for use in other locations. Those who access or use the SHURJORAJJO.com.bd from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless SHURJORAJJO.com.bd, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
10.1. Your use of and access to the SHURJORAJJO.com;
10.2. Your violation of any term of these Terms of Service;
10.3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
10.4. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SHURJORAJJO.com.bd
11. PERMIT TO DEAL WITH THE DOWNLOADS FROM THE SITE
11.1. As per clause 5(five) above of this agreement all copyright relating to the contents of this website belongs to the SHURJORAJJO.com.bd even if they don’t have a copyright symbol (©) or legal text, which grants them exclusive rights to make copies of the original work, to make "derivative works" that vary from the original, and to publicly perform, display, or transmit the work.
11.2. You accept and acknowledge that it's illegal for you or anyone else to use the work in these ways without the SHURJORAJJO.com’s permission. If you carry out any of these activities without permission, you are violating copyright law and may be subject to legal sanctions, including fines.
11.3. However you acknowledge that using the contents of SHURJORAJJO.com.bd in your commercial work is permissible to the extent given below:
a. SPOKEN WORD AND VIDEO WORKS: Up to 20 percent (of its duration) or 30 seconds, whichever is less, of a single copyrighted video work subject to a prominently placed acknowledgement of the SHURJORAJJO.com.bd
b. LITERARY WORKS: Up to 20 percent (of its word count) or 500 words, whichever is less, of a single copyrighted work of literary works subject to a prominently placed acknowledgement of the SHURJORAJJO.com.bd
c. MUSICAL WORKS: Up to 20 percent (of its duration), but no more than 30 seconds of music and lyrics from a single musical work subject to a prominently placed acknowledgement of the SHURJORAJJO.com.bd Any alterations of a musical work shall not change the basic melody or the fundamental character of the work. For example, a music instructor could use a piece of music and change the rhythm or emphasis on certain instruments to show how this would alter the music. However, the basic melody must still be recognizable.
d. DIGITAL PHOTOGRAPHS: You can use an entire photograph or illustration in your work. But, no more than five images by one person and no more than 10 percent or 15 images, whichever is lower, can be used in a single published work subject to a prominently placed acknowledgement of SHURJORAJJO.com.bd
e. DESIGNS: Up to 100 percent of the design can be used in your commercial work provided the commercialization of the content should not be of the same nature as that of the copyright owner and the creator or the use of design does not affect the business of the copyright owner and creator or it should not deprive the copyright owner and creator of income subject to a prominently placed acknowledgement of the SHURJORAJJO.com.bd
f. MOBILE APPLICATIONS AND SOFTWARE: Up to 100 percent of the application can be used in your commercial work provided the commercialization of the content should not be of the same nature as that of copyright owner and/or creator or the use of design does not affect the business of the copyright owner and/or creator or use should not deprive the copyright owner and/or creator of income subject to a prominently placed acknowledgement of the SHURJORAJJO.com.bd You also agree not to manipulate with the software in a manner which is apparently different but derived from the original software or by reverse engineering or by any other method and also not to commercially benefit out of it.
11.4. You also acknowledge that the less you take, the more likely that your copying will be excused as a fair use. However, even if you take a small portion of a work, your copying will not be a fair use or permissible if the portion taken is the “heart” of the work.
11.5. You also acknowledge that whether your use deprives the copyright owner and/or creator of income or undermines a new or potential market for the copyrighted work. Depriving a copyright owner and/or creator of income is very likely to be treated as infringement of copyright. This is true even if you are not competing directly with the original work.
11.6. Acknowledgment of the source material (such as citing the photographer) may be a consideration in a fair use determination, but it will not protect against a claim of infringement of copyright. When in doubt as to the right to use or acknowledge a source, the most prudent course may be to seek the permission of the copyright owner and/or creator. Thus you acknowledge and accept that it is not permissible to use the contents of the SHURJORAJJO.com.bd beyond permission merely acknowledging the source.
11.7. A disclaimer is a statement that “disassociates” your work from the work that you have borrowed. In close cases where the court is having a difficult time making a fair use determination, a prominently placed disclaimer may have a positive effect on the way the court perceives your use. However you acknowledge and accept that it is not permissible to use the contents of the SHURJORAJJO.com.bd beyond permission merely disclaiming the source.
12. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SHURJORAJJO without restriction.
You agree that:
14.1. SHURJORAJJO.com.bd shall be deemed solely based in Bangladesh;
14.2. SHURJORAJJO.com.bd shall be deemed a passive website that does not give rise to personal jurisdiction over SHURJORAJJO.com.bd, either specific or general, in jurisdictions other than Bangladesh. These Terms of Service shall be governed by the internal substantive laws of the Bangladesh, without respect to its conflict of laws principles.
14.3. Any claim or dispute between you and SHURJORAJJO.com.bd that arises in whole or in part from the SHURJORAJJO.com.bd shall be decided exclusively by a court of competent jurisdiction located in Bangladesh.
14.4. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
14.5. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SHURJORAJJO.com.bd 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
14.6. SHURJORAJJO.com.bd reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.
14.7. Your use of the SHURJORAJJO.com.bd following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
15. TIME BAR
You and SHURJORAJJO.com.bd agree that any cause of action arising out of or related to the SHURJORAJJO.com.bd must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
16. YOUR APPROVAL
I hereby solemnly declare and approve that I have read and understood all the terms stated above and being in full capacity I am providing my full consent by clicking below. However SHURJORAJJO.com.bd agrees and undertakes to notify its users of any changes in terms that might take place in future through an email.