Please read all the following terms and conditions for this website (“Terms”) before using this website. By continuing to access, link to, or use this website, or any service on this website, you signify your acceptance of the terms, including without limitation, all the conditions and terms described below.
The products and services on this website are provided by Akshardham Center for Applied Research in Social Harmony (“AARSH”), a public charitable trust. These Terms govern your use of this website, including any apps, digital assistant interactions and other products and services (the “Website”). As some of our services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us if you have any questions. By using our Website, you agree to be bound by these Terms, including any policies referenced in these Terms.
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.
1. User Consent to the Terms
You represent that you have read and agree to be bound by the Terms.
2. Intellectual Property
This Website, 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 “Intellectual Property” or “IP”) that relates to this Website, are owned by or licensed by AARSH 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 under any applicable laws. The IP 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 IP are also copyrighted works.
You acknowledge that:
- The IP has been developed, compiled, prepared, revised, selected, and arranged by AARSH, its general and limited partners or affiliates 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 AARSH and such others.
- 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 IP(the “Intellectual Property Rights”) shall, as between you and AARSH, at all times be and remain the sole and exclusive property of AARSH
- All present and future rights in and title to the IP (including the right to exploit the IP and any portions of the IP over any present or future technology) are reserved to AARSH for its exclusive use.
You agree to:
- abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the IP;
- protect the proprietary rights of AARSH and all others having rights in the IP during and after the term of this agreement and to comply with all reasonable written requests made by AARSH or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the IP;
- notify AARSH in writing promptly upon becoming aware of any unauthorized access or use of the IP by any individual or entity or of any claim that the IP infringes upon any copyright, trademark, or other contractual, statutory, or common law rights; and
- except as specifically permitted by these Terms, not to copy or make any use of the IP or any portion thereof or not to use the Intellectual Property Rights or the IP, or the names of any individual participant in, or contributor to, the IP, or any variations or derivatives thereof, for any purpose, without AARSH’s prior written approval.
3. Restrictions on Use
You may not use the Website for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms You agree to use the Website 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 Website in any manner that could compete with the activities of AARSH or any of its suppliers.
Except as expressly permitted by AARSH 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 website, except that you may download material from the website 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 on the website without AARSH’s prior written consent. Nothing contained in the Terms or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any IP in any manner without the prior written consent of AARSH or such third party that may own the IP 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 WEBSITE IS STRICTLY PROHIBITED.
Any use of the Website other than as permitted by these Terms may infringe upon our rights or the rights of the third party that owns the affected IP. You agree to report any violation of the Terms 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 IP 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 AARSH.
THE WEBSITE AND THE INFORMATION AND IP CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND.
Nor may the IP 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 content on the Website. You may not use the IP 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 Website that:
- is promotional in nature, including solicitations for funds or business, without the prior written authorization of AARSH, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have the right to make available under any law or under contractual or fiduciary relationships;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- 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;
- is harmful to minors; or
- constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.
You may not use the IP in any manner which creates the impression that such items belong to or are associated with you or are used with AARSH’s 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 Website, any activities conducted on or through the Website or any servers or networks connected to the Website. You may neither obtain nor attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website. You shall not violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of AARSH, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website. 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 Website , any data or content found on or accessed through the Website, or any other Website information without the prior express written consent of AARSH. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
You acquire absolutely no rights or licenses in or to the Website and materials contained within the Website other than the limited right to utilize the Website in accordance with the Terms. Should you choose to download content from the Website, you must do so in accordance with the Terms. Such download is licensed to you by AARSH ONLY for your own personal, non-commercial use in accordance with the Terms and does not transfer any other rights to you.
Please 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, AARSH may freely use the submission, in whole or in part, for any purpose without any obligation to you.
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 Website, any other site owned by AARSH and its affiliates or to AARSH or its representatives, 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 AARSH, and AARSH shall not be liable for any use or disclosure of any Submissions.
Unless AARSH indicates otherwise, you grant to AARSH a perpetual, non-exclusive, 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 AARSH’s 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 AARSH the right to use the name that you submit in connection with Submissions. You agree and understand that AARSH is not obligated to use any Submission you make to this site or AARSH and you have no right to compel such use. You hereby acknowledge and agree that your relationship with AARSH is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to AARSH does not place AARSH 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 AARSH to legally use your Submission in accordance with this license and that AARSH’s 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 Terms and will not cause injury to any person or entity; and that you will indemnify AARSH and its Suppliers, agents, directors, trustees, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply. AARSH 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 AARSH and its licensees from any and all claims you may have in connection with AARSH’s 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 AARSH’s actual or alleged exploitation or use of any material you submit to this site and/or AARSH, 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 AARSH 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 AARSH and you regarding AARSH’s use of your Submission and cannot be modified except by a document signed by AARSH and you.
5. Fees and Payments
AARSH reserves the right at any time to charge fees for access to portions of the Website or any associated IP as a whole. This includes, but is not limited to AARSH’s subscription service, audio streaming/downloads, or video viewing/downloads.
If at any time AARSH requires a fee for access to portions of the Website or the Website as a whole, AARSH 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 Website. 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 Website by AARSH 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 Website through your account, and the purchase of any other products or services. Certain portions of the Website or the Website as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time at AARSH’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 Website or the Website as a whole if a Prepaid Fee is required unless AARSH 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 Website, including those portions that require a fee or payment for access, you will select a username and a password. You will provide AARSH with certain registration information, all of which must be accurate, truthful, and updated.
You shall not:
- select a username already used by another person;
- create an account for anyone other than yourself without permission;
- use a username in which another person has rights without such person’s authorization; or
- (use a username or password that AARSH, in its sole discretion, deems offensive or inappropriate.
AARSH reserves the right to deny creation of your account based on AARSH’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 AARSH 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 Website 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 Website. AARSH 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, AARSH reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Website at any time and certify that you currently have no other account(s) with the Website.
7. Disclaimer and Limitation of Liability
You agree that your use of the Website is at your sole risk and acknowledge that the Website and anything contained within the Website, including, but not limited to, content, services, goods, or advertisements are provided “as is” and “as available,” and that AARSH 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. AARSH does not warrant that the availability of or the functions contained in this Website or the Website 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 Website, IP or server do not violate any patent or other intellectual property rights of any person or entity. AARSH does not warrant or make any representations regarding the use or the results of the use of this Website or the IP in terms of their correctness, accuracy, reliability, or otherwise. You (and not AARSH) 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.
AARSH does not warrant that the Website is compatible with your equipment or that the Website, or e-mail sent by AARSH 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 AARSH and its Suppliers, agents, directors, trustees, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for:
- any injury or damages, whether caused by the negligence of AARSH, 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 Website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against AARSH by any other party; or
- any fault, inaccuracy, omission, delay, or any other failure in the Website caused by your computer equipment or arising from your use of the Website on such equipment. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Website is not maintained or controlled by AARSH. 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 AARSH is not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to, or advertised on, the Service.
AARSH does not:
- make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website;
- guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, or advertisements that may be linked to the Website; or
- make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the Website.
If you decide to leave this Website 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. AARSH 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 we and/or third-party contributors to the Website may choose at any time to inhibit or prohibit their content from being accessed under the Terms.
You acknowledge that:
- the Website is provided for information purposes only and is not intended for any commercial purposes;
- AARSH does not guarantee the accuracy, completeness, or timeliness of the Website or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service;
- the provision of certain parts of the Website is subject to the terms and conditions of other agreements to which AARSH is a party.
Accordingly, anything to the contrary herein set forth notwithstanding, AARSH, 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:
- inaccuracies or errors in or omissions from the Website including, but not limited to, quotes and financial data;
- delays, errors, or interruptions in the transmission or delivery of the Service; or
- loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance.
Under no circumstances, including but not limited to negligence, shall AARSH, 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 Website or any links or items on the Website or any provision of the Terms, 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 AARSH’s 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 Website, 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 Terms to release fully, finally and forever all such matters under these Terms. In furtherance of such intention, the releases set forth in these Terms 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.
You agree, at your own expense, to indemnify, defend and hold harmless AARSH, 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 Website, or any links on the Website, including, but not limited to:
- your use or someone using your computer’s use of the Website;
- use by someone using your account;
- a violation of the Terms by you or anyone using your computer (or account, where applicable);
- a claim that any use of the Website 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 libelous or defamatory, or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer (or account, where applicable);
- any misrepresentation or breach of representation or warranty made by you contained herein; or
- 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. AARSH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AARSH in asserting any available defense. You acknowledge and agree to pay AARSH’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by AARSH under these Terms and any other terms and conditions of Website on this site, including without limitation, lawsuits arising from your failure to indemnify AARSH pursuant to these Terms.
You may terminate your acceptance of these Terms, with or without cause and at any time, by discontinuing your use of the Website and destroying all materials obtained from the Website.
You agree that, without notice, AARSH may suspend your access to the Website, with or without cause at any time and effective immediately. These Terms will terminate immediately without notice from AARSH if you, in AARSH’s sole discretion, fail to comply with any provision of the Terms.
AARSH 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 Website. Upon termination of the Terms by you or AARSH, you must discontinue your use of the Website and destroy promptly all materials obtained from the website and any copies thereof. AARSH will determine your compliance with the Terms in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the Terms 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 Terms shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of AARSH.
Upon termination of your membership or access to this site, or upon demand by AARSH, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that AARSH will aggressively enforce its rights to the fullest extent of the law.
10. Governing Law
The Terms shall be governed and construed in accordance with applicable laws 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 with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the Terms.
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 AARSH 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 “AARSH 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 an arbitrator exclusively determined by AARSH.
You accept that AARSH has the right to change the content or technical specifications of any aspect of the Website at any time in AARSH’s sole discretion. You further accept that such changes may result in your being unable to access the Website. The failure of AARSH to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Sections 2 through 8, 9(c), and 10 through 15 shall survive any termination of the Terms.
The section titles in the Terms are used solely for the convenience of you and AARSH and have no legal or contractual significance.
If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force.
15. Entire Agreement
These Terms and any other additional terms and conditions of service on this Website, and its successor, constitute the entire agreement between you and AARSH, govern your use of the Website, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof.