PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE AND SERVICE FOR THIS WEB SITE (“TUS”) BEFORE USING THIS SITE. By continuing to access, link to, or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TUS, INCLUDING WITHOUT LIMITATION, ALL THE CONDITIONS AND TERMS DESCRIBED BELOW.
We care about the security of our website visitors. While we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing us.
1. User Consent to the TUS
You represent that you have read and agree to be bound by the TUS.
2. Intellectual Property
This Web site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by SHREE SHIVKRUPANAND SWAMI FOUNDATION or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S., India and other countries. The Service is also protected as a collective work or compilation under Indian and/or U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by SHREE SHIVKRUPANAND SWAMI FOUNDATION, its general and limited partners or affiliates (collectively “SHREE SHIVKRUPANAND SWAMI FOUNDATION”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of SHREE SHIVKRUPANAND SWAMI FOUNDATION and such others. You agree to protect the proprietary rights of SHREE SHIVKRUPANAND SWAMI FOUNDATION and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by SHREE SHIVKRUPANAND SWAMI FOUNDATION or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify SHREE SHIVKRUPANAND SWAMI FOUNDATION in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and SHREE SHIVKRUPANAND SWAMI FOUNDATION, at all times be and remain the sole and exclusive property of SHREE SHIVKRUPANAND SWAMI FOUNDATION. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to SHREE SHIVKRUPANAND SWAMI FOUNDATION for its exclusive use. Except as specifically permitted by the TUS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without SHREE SHIVKRUPANAND SWAMI FOUNDATION’ prior written approval.
3. Restrictions on Use
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TUS. You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the activities of SHREE SHIVKRUPANAND SWAMI FOUNDATION or any of its suppliers.
Except as expressly permitted by SHREE SHIVKRUPANAND SWAMI FOUNDATION in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Service without SHREE SHIVKRUPANAND SWAMI FOUNDATION’ prior written consent. Nothing contained in the TUS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of SHREE SHIVKRUPANAND SWAMI FOUNDATION or such third party that may own the Service or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the TUS will violate the TUS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TUS by others that you become aware of.
You may use the “e-mail this article” or other sharing functions solely to inform others about a Website article/post, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of SHREE SHIVKRUPANAND SWAMI FOUNDATION. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.
You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of SHREE SHIVKRUPANAND SWAMI FOUNDATION, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships; (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.
You may not use any of the trademarks, trade names, service marks, copyrights, or logos of SHREE SHIVKRUPANAND SWAMI FOUNDATION in any manner which creates the impression that such items belong to or are associated with you or are used with SHREE SHIVKRUPANAND SWAMI FOUNDATION’ consent, and you acknowledge that you have no ownership rights in and to any of such items.
You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of SHREE SHIVKRUPANAND SWAMI FOUNDATION, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of SHREE SHIVKRUPANAND SWAMI FOUNDATION. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TUS. Should you choose to download content from the Service, you must do so in accordance with the TUS. Such download is licensed to you by SHREE SHIVKRUPANAND SWAMI FOUNDATION ONLY for your own personal, non-commercial use in accordance with the TUS and does not transfer any other rights to you.
(ii) Do not send any unsolicited material, ideas or suggestions to the Website. Note that if you choose to make any submission to the Website which may include original content, creative ideas, suggestions, or materials, SHREE SHIVKRUPANAND SWAMI FOUNDATION may freely use the submission, in whole or in part, for any purpose without any obligation to you.
(iii) Without limiting the generality of the foregoing, if you submit material (i.e., user-generated content, including, but not limited to: comments, text, video, audio, and photographs) to this site, any other site owned by SHREE SHIVKRUPANAND SWAMI FOUNDATION and its affiliates or to SHREE SHIVKRUPANAND SWAMI FOUNDATION or its representative, or if you send us creative suggestions, ideas, notes, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”), despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of SHREE SHIVKRUPANAND SWAMI FOUNDATION, and SHREE SHIVKRUPANAND SWAMI FOUNDATION shall not be liable for any use or disclosure of any Submissions. Unless SHREE SHIVKRUPANAND SWAMI FOUNDATION indicates otherwise, you grant to SHREE SHIVKRUPANAND SWAMI FOUNDATION a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit Submissions for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in SHREE SHIVKRUPANAND SWAMI FOUNDATION’ discretion without additional notice, attribution or consideration to you or to any other person or entity. You also permit any other user to access, store, or reproduce Submissions for that user’s personal use. You grant SHREE SHIVKRUPANAND SWAMI FOUNDATION the right to use the name that you submit in connection with Submissions. You agree and understand that SHREE SHIVKRUPANAND SWAMI FOUNDATION is not obligated to use any Submission you make to this site or SHREE SHIVKRUPANAND SWAMI FOUNDATION and you have no right to compel such use. You hereby acknowledge and agree that your relationship with SHREE SHIVKRUPANAND SWAMI FOUNDATION is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to SHREE SHIVKRUPANAND SWAMI FOUNDATION does not place SHREE SHIVKRUPANAND SWAMI FOUNDATION in a position that is any different from the position held by members of the general public with regard to your Submission. You represent and warrant that you are the original author or creator of the Submissions (except as expressly indicated otherwise), that neither the permission nor consent of any other person or entity is required to enable SHREE SHIVKRUPANAND SWAMI FOUNDATION to legally use your Submission in accordance with this license and that SHREE SHIVKRUPANAND SWAMI FOUNDATION’ use of your Submission in accordance with this license will not violate or infringe upon the rights of any person or entity, and that you own or otherwise control all of the rights to the Submissions that you submit; that the Submissions you submit are truthful and accurate; that use of the Submissions you supply does not violate this TUS and will not cause injury to any person or entity; and that you will indemnify SHREE SHIVKRUPANAND SWAMI FOUNDATION and its Suppliers, agents, directors, trustees, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply. SHREE SHIVKRUPANAND SWAMI FOUNDATION and its Suppliers, agents, directors, trustees, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party. You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge SHREE SHIVKRUPANAND SWAMI FOUNDATION and its licensees from any and all claims you may have in connection with SHREE SHIVKRUPANAND SWAMI FOUNDATION’ use of your Submission in accordance with this license. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of SHREE SHIVKRUPANAND SWAMI FOUNDATION’ actual or alleged exploitation or use of any material you submit to this site and/or SHREE SHIVKRUPANAND SWAMI FOUNDATION, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any SHREE SHIVKRUPANAND SWAMI FOUNDATION product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. You agree that this authorization contains the full and complete understanding between SHREE SHIVKRUPANAND SWAMI FOUNDATION and you regarding SHREE SHIVKRUPANAND SWAMI FOUNDATION’ use of your Submission and cannot be modified except by a document signed by SHREE SHIVKRUPANAND SWAMI FOUNDATION and you.
5. Fees and Payments
SHREE SHIVKRUPANAND SWAMI FOUNDATION reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. This includes, but is not limited to SHREE SHIVKRUPANAND SWAMI FOUNDATION’ Magazine subscription service, audio streaming / downloads, or video viewing / downloads.
If at any time SHREE SHIVKRUPANAND SWAMI FOUNDATION requires a fee for portions of the Service or the Service as a whole, SHREE SHIVKRUPANAND SWAMI FOUNDATION will require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional; however, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by SHREE SHIVKRUPANAND SWAMI FOUNDATION or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time at SHREE SHIVKRUPANAND SWAMI FOUNDATION’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless SHREE SHIVKRUPANAND SWAMI FOUNDATION receives all fees and charges payable by you, including the Prepaid Fee.
6. Registration and Account Creation
As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide SHREE SHIVKRUPANAND SWAMI FOUNDATION with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that SHREE SHIVKRUPANAND SWAMI FOUNDATION, in its sole discretion, deems offensive or inappropriate. SHREE SHIVKRUPANAND SWAMI FOUNDATION reserves the right to deny creation of your account based on SHREE SHIVKRUPANAND SWAMI FOUNDATION’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify SHREE SHIVKRUPANAND SWAMI FOUNDATION by submitting FEEDBACK of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. You agree you will not sell, transfer or assign your membership or any membership rights. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. SHREE SHIVKRUPANAND SWAMI FOUNDATION reserves the right to terminate your account, at its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, SHREE SHIVKRUPANAND SWAMI FOUNDATION reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.
7. Disclaimer and Limitation of Liability
(i) You agree that your use of the service is at your sole risk and acknowledge that the service and anything contained within the service, including, but not limited to, content, services, goods, or advertisements are provided “as is” and “as available,” and that SHREE SHIVKRUPANAND SWAMI FOUNDATION makes no warranty of any kind, express or implied, as to the service, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use or those arising by statute or otherwise in law from a course of dealing or usage of trade. SHREE SHIVKRUPANAND SWAMI FOUNDATION does not warrant that the availability of or the functions contained in this site or the service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components or that this site, the service or server do not violate any patent or other intellectual property rights of any person or entity. SHREE SHIVKRUPANAND SWAMI FOUNDATION does not warrant or make any representations regarding the use or the results of the use of this site or the service in terms of their correctness, accuracy, reliability, or otherwise. You (and not SHREE SHIVKRUPANAND SWAMI FOUNDATION) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.
(ii) SHREE SHIVKRUPANAND SWAMI FOUNDATION does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by SHREE SHIVKRUPANAND SWAMI FOUNDATION or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that SHREE SHIVKRUPANAND SWAMI FOUNDATION and its Suppliers, agents, directors, trustees, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of SHREE SHIVKRUPANAND SWAMI FOUNDATION, its parent, or their respective affiliates, Suppliers, agents, directors, trustees, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against SHREE SHIVKRUPANAND SWAMI FOUNDATION by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by SHREE SHIVKRUPANAND SWAMI FOUNDATION. Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site SHREE SHIVKRUPANAND SWAMI FOUNDATION is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. SHREE SHIVKRUPANAND SWAMI FOUNDATION does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. If you decide to leave this site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. SHREE SHIVKRUPANAND SWAMI FOUNDATION is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that berg and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TUS.
(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for any commercial purposes; (ii) SHREE SHIVKRUPANAND SWAMI FOUNDATION does not guarantee the accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service; (iii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which SHREE SHIVKRUPANAND SWAMI FOUNDATION is a party. Accordingly, anything to the contrary herein set forth notwithstanding, SHREE SHIVKRUPANAND SWAMI FOUNDATION, its Suppliers, agents, directors, trustees, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance.
(iv) Under no circumstances, including but not limited to negligence, shall SHREE SHIVKRUPANAND SWAMI FOUNDATION, its parents, affiliates, subsidiaries, suppliers, agents, directors, trustees, officers, employees, representatives, successors, licensors or assigns be liable to you or any third person for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, arising in any way from or in connection with this site, the service, use of or inability to use the service or any links or items on the service or any provision of the TUS, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall SHREE SHIVKRUPANAND SWAMI FOUNDATION’ total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site or any of its parts.
By accessing this site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these TUS to release fully, finally and forever all such matters under these TUS In furtherance of such intention, the releases set forth in these TUS shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
8. Your Authority to Agree to this TUS.
You represent, warrant and covenant that you have the power and authority to enter into this agreement.
You agree, at your own expense, to indemnify, defend and hold harmless SHREE SHIVKRUPANAND SWAMI FOUNDATION, its Suppliers, agents, directors, trustees, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the TUS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. SHREE SHIVKRUPANAND SWAMI FOUNDATION reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SHREE SHIVKRUPANAND SWAMI FOUNDATION in asserting any available defence. You acknowledge and agree to pay SHREE SHIVKRUPANAND SWAMI FOUNDATION’ reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by SHREE SHIVKRUPANAND SWAMI FOUNDATION under the TUS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify SHREE SHIVKRUPANAND SWAMI FOUNDATION pursuant to the TUS.
(a) You may terminate the TUS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, SHREE SHIVKRUPANAND SWAMI FOUNDATION may terminate the TUS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TUS will terminate immediately without notice from SHREE SHIVKRUPANAND SWAMI FOUNDATION if you, in SHREE SHIVKRUPANAND SWAMI FOUNDATION’s sole discretion, fail to comply with any provision of the TUS. (c) SHREE SHIVKRUPANAND SWAMI FOUNDATION shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TUS by you or SHREE SHIVKRUPANAND SWAMI FOUNDATION, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof. SHREE SHIVKRUPANAND SWAMI FOUNDATION will determine your compliance with the TUS in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the TUS may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of the TUS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of SHREE SHIVKRUPANAND SWAMI FOUNDATION. Upon termination of your membership or access to this site, or upon demand by SHREE SHIVKRUPANAND SWAMI FOUNDATION, you must destroy all materials obtained from this site and all related documentation and all copies and installations thereof. You are advised that SHREE SHIVKRUPANAND SWAMI FOUNDATION will aggressively enforce its rights to the fullest extent of the law.
11. Governing Law
The TUS shall be governed and construed in accordance with the laws of the United States and the State of New Jersey India & the state of Gujarat, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in the State of New Jersey Gujarat with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TUS.
By using this site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against SHREE SHIVKRUPANAND SWAMI FOUNDATION and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, trustees, directors and employees (all such individuals and entities collectively referred to herein as the “SHREE SHIVKRUPANAND SWAMI FOUNDATION Entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS.
You accept that SHREE SHIVKRUPANAND SWAMI FOUNDATION has the right to change the content or technical specifications of any aspect of the Service at any time in SHREE SHIVKRUPANAND SWAMI FOUNDATION’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of SHREE SHIVKRUPANAND SWAMI FOUNDATION to exercise or enforce any right or provision of the TUS shall not constitute a waiver of such right or provision. Sections 2 through 9, 10(c), and 11 through 16 shall survive any termination of the TUS.
The section titles in the TUS are used solely for the convenience of you and SHREE SHIVKRUPANAND SWAMI FOUNDATION and have no legal or contractual significance.
If any provision of the TUS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TUS will remain in force.
16. Entire Agreement
The TUS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and SHREE SHIVKRUPANAND SWAMI FOUNDATION, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TUS may not be amended, nor any obligation waived, without SHREE SHIVKRUPANAND SWAMI FOUNDATION’s written authorization.
For Minors / Children aged below 16 18 years – KIDS
From time to time, we may request that a child provide an email address in order to participate in particular activities. We also may ask a child to provide a screen name and password or demographic information, such as gender, birthday, and state of residence. The email id can belong to the parents, and for kids below the age of 16-18, we can ask for the parent’s permission via email before the child can provide any information that may be published on the website, if need arises. All comments and photos are monitored manually by the Website volunteers, and are not published without a thorough vetting by humans.
We generally do not collect, use, or disclose personal information from children under the age of 16 18 without prior parental consent.
We can collect a parent’s email address in order to provide in case of need arises, the parent with notice that his or her child signed up for an E-Letter or other games or services on the Software. We generally will not use or disclose the email address that we collect except to send the initial notices and subsequent updates about the child’s participation on this Website.
Comments, photos and user-generated content (‘UGC’) are monitored by the Website volunteers and/or staff before they are publicly displayed. Once uploaded, photos and display names are viewable by visitors to the site and via public search engines.
We can collect a child’s name and contact information to the extent reasonably necessary to protect the security or integrity of the Website’s Services; to take precautions against liability; to respond to judicial process; or (to the extent permitted by law) to provide information to law enforcement agencies or for an investigation on a matter related to public safety.
Some games or interactive sections on the Website can require users to provide information, such as a username and password, in order to generate high score tables or otherwise keep track of scores.
We may use persistent identifiers, such as IP addresses and cookie IDs, to support the internal operations of the Website. We also may allow third parties to collect persistent identifiers to support the internal operations of the Website. For example, our third-party service providers may collect persistent identifiers to help us with traffic measurement, research, and analytics.
We can otherwise collect personal information from your child, as permitted by law.
Use of Personal Information
In addition to the uses outlined in the Parental Consent section, we can use personal information that we collect through the Website for a variety of purposes, including to provide children with the services and information they request; customize and personalize a child’s use of the Website; maintain or administer the Website or perform business analyses; improve the quality of the Website or any related services; and as otherwise described to parents at the point of collection or pursuant to parental consent.
Sharing of Personal Information
We may transfer, disclose, or share personal information with third parties when required by law or pertinent to judicial or government investigations or proceedings, when otherwise necessary to protect the Website or the safety of our users or any third party, or with a parent/guardian’s consent.
The security and confidentiality of your child’s information is extremely important to us, and we take a number of steps to help safeguard any personal information that your child provides to us. However, no method of transmitting or storing electronic data is ever completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed, used or released in a manner that is inconsistent with this policy.
Parental Control of Personal Information
Upon providing proper identification, parents can have their child’s information deleted from our database, or refuse further collection or use of information from their child by writing to us with all details at:
SHREE SHIVKRUPANAND SWAMI FOUNDATION
26, Gulmohar, A1 Bunglows Society, Eru-Abrama Road,
Nr. Gandhi Railway Crossing, Navsari-396450, Gujarat, India.
Measures mentioned in Kids sections, ‘for Minors / Children aged below 18 years’, ‘Parental Consent’, ‘Use of Personal Information’, ‘Sharing of Personal Information’, Information Security’, above, are suggestive and not automatically implemented, as long as the use of services of the website by the children are normal & genuine.
You may also email us at admin[at]shivkrupanandfoundation[dot]org if at any time you have questions or concerns about this Terms and Conditions.
Please refer YouTube Terms of Service on https://www.youtube.com/t/terms