Terms of Use for VIDYA an Education &
Charitable Trust
1. Acceptance of Terms of Use and
Amendments.
Each time you use or cause access to this
web site, you agree to be bound by these Terms
of Use, and as amended from time to time with or without notice
to you. In addition, if you are using a particular service on or
through this web site, you will be subject to any rules or
guidelines applicable to those services and they shall be
incorporated by reference into these Terms
of Use. Please see our Privacy
Policy, which is incorporated into these Terms
of Use by reference.
2. Our Service.
Our web site and services
provided to you on and through our web site on an "AS IS" basis.You
agree that the owners of this web site exclusively reserve the right
and may, at any time and without notice and any liability to you,
modify or discontinue this web site and its services or delete the
data you provide, whether temporarily or permanently. We shall have
no responsibilty or liability for the timeliness, deletion, failure
to store, inaccuracy, or improper delivery of any data or
information.
3. Your Responsibilities and Registration
Obligations.
In order to use this web site, you must register on our site, agree to provide truthful information when requested,
and be at least the age of thirteen (13) or older. When registering,
you explicitly agree to our Terms
of Use and as may be modified by us from time to time and
available here.
4. Privacy Policy.
Registration data and
other personally identifiable information that we may collect is
subject to the terms of our Privacy
Policy.
5. Registration and Password.
You are
responsible to maintain the confidentiality of your password and
shall be responsible for all uses via your registration and/or
login, whether authorized or unauthorized by you. You agree to
immediately notify us of any unauthorized use or your registration,
user account or password.
6. Your Conduct.
You agree that all
information or data of any kind, whether text, software, code, music
or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person
whose user account is used. You agree that our web site may expose
you to Content that may be objectionable or offensive. We shall not
be responsible to you in any way for the Content that appears on
this web site nor for any error or omission.
You explicitly agree, in using this web site or any service
provided, that you shall not:
(a) provide any Content or perform
any conduct that may be unlawful, illegal, threatening, harmful,
abusive, harassing, stalking, tortious, defamatory, libelous,
vulgar, obscene, offensive, objectionable, pornographic, designed to
or does interfere or interrupt this web site or any service
provided, infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or
which may violate an applicable local, national or international
law;
(b) impersonate or misrepresent your association with any
person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
(c)
collect or harvest any data about other users;
(d) provide or use
this web site and any Content or service in any commercial manner or
in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising
without our prior written consent;
(e) provide any Content that
may give rise to our civil or criminal liability or which may
consititue or be considered a violation of any local, national or
international law, including but not limited to laws relating to
copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By
providing any Content to our web site:
(a) you agree to grant to
us a worldwide, royalty-free, perpetual, non-exclusive right and
license (including any moral rights or other necessary rights) to
use, display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create derivative works
and compilations, in whole or in part. Such license will apply with
respect to any form, media, technology known or later
developed;
(b) you warrant and represent that you have all legal,
moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7;
(c) you acknowledge and
agree that we shall have the right (but not obligation), in our sole
discretion, to refuse to publish or to remove or block access to any
Content you provide at any time and for any reason, with or without
notice.
8. Third Party Services.
Goods and services
of third parties may be advertised and/or made available on or
through this web site. Representations made regarding products and
services provided by third parties are governed by the policies and
representations made by these third parties. We shall not be liable
for or responsible in any manner for any of your dealings or
interaction with third parties.
9. Indemnification.
You agree to indemnify
and hold us harmless, our subsidiaries, affiliates, related parties,
officers, directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any claim or demand,
including reasonable attorney's fees, that may be made by any third
party, that is due to or arising out of your conduct or connection
with this web site or service, your provision of Content, your
violation of this Terms
of Use or any other violation of the rights of another person or
party.
10. Disclaimer of warranties.
Your understand
and agree that your use of this web site and any services or content
provided (the "service") is made available and provided to you at
your own risk. It is provided to you "as is" and we expressly
disclaim all warranties of any kind, implied or express, including
but not limited to the warrantires of merchantability, fitness for a
particular purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS
SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER
INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF
ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you only as it
relates to implied warranties.
11. Limitation of liability.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF
(I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO
OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and
therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of
our rights, including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other proprietary right
that we may have in our web site, its content, and the goods and
services that may be provided. The use of our rights and property
requires our prior written consent. We are not providing you with
any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial
uses of our web site or service without our prior written
consent.
13. Notification of Copyright
Infringement.
If you believe that your property has been
used in any way that would be considered copyright infringement or a
violation of your intellectual property rights, our copyright agent
may be contacted at the following address:
Imprint
14. Applicable Law.
You agree that this Terms
of Use and any dispute arising out of your use of this web site
or our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of
this web site is located, without regard to its conflict of law
provisions. By registering or using this web site and service you
consent and submit to the exclusive jurisdiction and venue of the
county or city where the headquarters of the owner of this web site
is located.
15. Miscellaneous Information.
(i) In the
event that this Terms
of Use conflicts with any law under which any provision may be
held invalid by a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original intentions of
the parties in accordance with applicable law, and the remainder of
this Terms
of Use will remain valid and intact; (ii) The failure of either
party to assert any right under this Terms
of Use shall not be considered a waiver of any that party's
right and that right will remain in full force and effect; (iii) You
agree that without regard to any statue or contrary law that any
claim or cause arising out of this web site or its services must be
filed within one (1) year after such claim or cause arose or the
claim shall be forever barred; (iv) We may assign our rights and
obligations under this Terms
of Use and we shall be relieved of any further
obligation.