Legal Matters

 
Last updated:  Feb 19, 2016

1. What is this Document about?

This Document lays down some general rules that people who use the information here are expected to observe, and it provides an overview of what to do if you ever need to:

(i) Bring a legal matter to the notice of Analytics.GA
(ii) Claim a copyright, service mark or trademark
(iii) Request clarity over a doubt regarding intellectual property, copyrights, service marks and trademarks
(iv) Inform Analytics.GA about any offense that has been committed by others, regarding its own content
(v) Inform Analytics.GA about a violation of rights that is connected to it or its Affiliates
(vi) As a client or associate, request clarity about the position of Analytics.GA on a project that has failed to meet its expected target(s), for whatever reason that may have happened

2. General Rules

a) Use of the information here takes for granted (as a pre-requisite) that you have read, completely understood and accepted everything that is mentioned in these documents: Privacy Policy, Terms of Use, Terms of Service, Disclaimers, and all other documents, contracts and agreements that may be applicable in your case.

b) Only those matters which have not been addressed in the documents mentioned above in point “a)” will be entertained.

c) For the sake of being cautious, assume that everything on this site is copyrighted. Even if it doesn’t belong to Analytics.GA, it belongs to someone else and that person put effort into making it. It is best to treat others in the same good manner, which you would want to be treated in yourself.

d) Be careful not to reproduce anything here, as your own, or try to modify existing material you download from here, in an attempt to make it look different. And definitely do not claim it as yours. If you ever find something you wish to use, write a mail to support@analytics.ga saying that there’s something here that suits your needs and you wish to acquire rights to it. If it belongs to Analytics.GA, the matter can be discussed. If it’s something that belongs to someone else, then Analytics.GA cannot grant you any rights to it.

e) All warranties, expressed or implied are disclaimed (as explained in the Disclaimers)

f) Do not post anything you don’t want to disclose publicly. The person posting will be responsible for anything going viral or spreading when it should not have been. Analytics.GA cannot control other people taking something viral if it comes into their possession.

g) If you find anything, anywhere (online or offline) that amounts to an offense committed by someone else and Analytics.GA’s content is involved, then go ahead and get in touch with the staff (support@analytics.ga) so that appropriate action can be taken as soon as possible.

h) If you find something here that is present as a violation of your rights, or there’s material that you have legitimate rights to and you haven’t authorized others to use it, then contact the staff (support@analytics.ga) and put your message across. The matter will be attended to and a resolution will be sought according to the procedure in the following section.

3. Resolution of User Rights Violation and Copyright Conflicts

The following procedure will be followed for resolving such conflicts:

(i) If a solution can be reached at via e-mail dialogue and online interaction, then the appropriate measures will be taken. You can either grant the rights to use the material for a mutually agreed compensation or in the absence of a grant, the material shall be replaced/removed within an agreed upon time-period.

(ii) Any material that has violated a right other than a copyright will have to be tended to as well. If a solution is reached via online interaction, the appropriate measures will be taken within an agreed upon time-period.

(iii) If an online interaction fails to solve the problem, then both sides must agree to meet at a specified location for a face-to-face resolution. This location should be within the reach of both parties. Cost for the transportation and meet-up shall be shared by both parties equally.

(iv) The problem will be discussed in a gentleman-like fashion. Proper business ethics are to be followed or conflict resolution is denied and no further requests (legal or informal) will be entertained.

(v) If both online interaction and a meet-up fail, and the problem is so critical that it justifies the expenses and hassles associated with a legal course of action, then both parties shall agree to solve the problem according to the laws and jurisdiction applicable at the following location: Delhi (India)

4. Resolution of problems arising out of a project that has been unable to meet its target(s)

First things first – it is quite likely that the agreement(s) signed at the time when the contract was first formulated and mutually agreed upon, contained a clause stating what Analytics.GA’s stand would be in case the project didn’t result in any improvement in your business, or worse, failed and resulted in a loss. It is highly recommended that the following procedure for resolution only be taken if you are absolutely sure that there is no other way to resolve the matter and you are a 100% convinced that the clause in the agreement(s) does not afford you the best possible solution, in the given situation.

For those who decide to resolve the matter on such projects, this is the procedure to follow:

(i) After reviewing the agreement(s) and all legal documentation available on this site or otherwise made available to you, write a mail to support@analytics.ga, stating the problem and proposing what kind of solution you expect.

(ii) Your request will be reviewed and responded to accordingly. The best way to resolve the matter is via online interaction and mutually agreeing on a solution.

(iii) If an online interaction fails to solve the problem, then both sides must agree to meet at a specified location for a face-to-face resolution. This location should be within the reach of both parties. Cost for the transportation and meet-up shall be shared by both parties equally.

(iv) The problem will be discussed in a gentleman-like fashion. Proper business ethics are to be followed or conflict resolution is denied and no further requests (legal or informal) will be entertained.

(v) If both online interaction and a meet-up fail, and the problem is so critical that it justifies the expenses and hassles associated with a legal course of action, then both parties shall agree to solve the problem according to the laws and jurisdiction applicable at the following location: Delhi (India)

5. Important Note

Firstly, in sections 3 and 4 of this Document, taking a legal course of action has been proposed as the absolute last point in the procedures for a reason. It is strongly suggested that legal action should always be the last resort in resolving business problems and reaching a mutual agreement without any legal hassles is something that must be taken seriously.

Secondly, if at any point during execution of the procedures for conflict/problem resolution, Analytics.GA feels that it has done what it could do to best resolve the matter and has put forward whatever maximum support to the other party that it could, then proceeding with the procedure (including any legal processes) will not be a binding obligation on Analytics.GA and the other party will be informed about the same.

Thirdly, Analytics.GA will only accept taking a legal course of action if all other steps in the procedures outlined above have been duly followed by the other party and there is really no other solution left. Analytics.GA refuses to be dragged into a lawsuit at the whims and wishes of the other party and refuses to tolerate any exertion made or attempted by the other party. Analytics.GA also refuses to entertain any court summons, legal notices or messages sent to it in an attempt to impose legal action, or impose legal processes and/or legal answerability on it.

And finally, as explained in the Disclaimers, Analytics.GA disclaims all responsibility for any losses and/or damages occurring in your business due to even the slightest factors that were outside of its control when it was working with you, as well as before and after it worked with you.

6. Revisions and Updates to this Document

Due to the nature of this Document and the Internet, Analytics.GA will not be able to contact individuals who have visited the website individually in order to notify them of changes to this Document.  However, the most recent version of the Document will be made continuously available, barring unforeseen technical issues, at the Legal Matters webpage on the analytics.ga website, and the most recent revision date will be posted on each such instance of the Document.