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DISCLAIMER & TERMS AND CONDITIONS
OF USE
These terms
and conditions of use shall govern your use of the site www.indiaids.org
and all other URLs forming part thereof (hereinafter referred to as "the
Sites"). The Site is owned and managed by The Sambhavana Society a registered
society with Charity Commissioners Office,Mumbai (hereinafter refered
to as "us or we" in the first person and "Samabhavana" wherever the context
requires). These terms and conditions of use form the entirety of any
express or implied contract that may or may be deemed to exist between
us and you, the users of the Site.
MODIFICATION OF THESE TERMS OF USE Samabhavana Society reserves
the right to change the terms, conditions, and notices under which the
Sites are offered, including but not limited to the charges, if any, associated
with the use of the Sites. You are responsible for regularly reviewing
these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION You shall use the Sites in good faith and
for the essential purposes for which the Sites are intended. Unless otherwise
specified, the Sites are for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Sites.
LINKS TO THIRD PARTY SITES The Sites may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of
Samabhavana Society and Samabhavana Society is not responsible for the
contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Samabhavana
Society is not responsible for web casting or any other form of transmission
received from any Linked Site. Samabhavana Society is providing these
links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Samabhavana Society of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Sites,
you warrant to Samabhavana Society that you will not use the Sites for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Sites in any manner that could damage,
disable, overburden, or impair the Sites or interfere with any other party's
use and enjoyment of the Sites. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made
available or provided for through the Sites.
MATERIALS PROVIDED TO SAMABHAVANA SOCIETY OR POSTED ON THE SITES Samabhavana Society does not claim ownership
of the materials you provide to Samabhavana Society (including registration
data, feedback and suggestions) or post, upload, input or submit to any
of the Sites or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Samabhavana Society and its affiliated companies
permission to use your Submission in connection with the operation of
their businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection with
your Submission. Samabhavana Society agrees that it shall
not use or sell user identifiable data contained in the Submissions. However,
Samabhavana Society has the sole and exclusive right to use, transfer
or otherwise deal with compiled user aggregated data in any manner that
Samabhavana Society deems fit.
SOFTWARE AVAILABLE ON THE SITES Software (if any) that is made available
to download from the Sites, excluding software that may be made available
by end-users through a Communication Service, ("Software") is the copyrighted
work of Samabhavana Society and/or its suppliers. Samabhavana Society
hereby grants to you, the user, a personal, non-transferable license to
use the Software for viewing and otherwise using the particular Site in
accordance with these Terms of Use, and for no other purpose. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. SAMABHAVANA SOCIETY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION. SAMABHAVANA SOCIETY AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SAMABHAVANA SOCIETY
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN
NO EVENT SHALL SAMABHAVANA SOCIETY AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE
SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF SAMABHAVANA SOCIETY OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
TERMINATION/ACCESS RESTRICTION Samabhavana Society reserves
the right, in its sole discretion, to terminate your access to any or
all Sites and the related services or any portion thereof at any time,
without notice.
GENERAL These Terms and Conditions of Use are governed
by the laws of India. You hereby consent to the exclusive jurisdiction
and venue of courts in Mumbai, India in all disputes arising out of or
relating to the use of the Sites. Use of the Sites is unauthorized in
any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and Samabhavana Society as a result of this agreement
or use of the Sites. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Samabhavana Society with respect
to the Sites and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and
Samabhavana Society with respect to the Sites. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Sites are copyright
protected in favour of Samabhavana Society and/or its suppliers. All trademarks,
names, brand names, etc. used on the Sites are either trademarks or registered
trademarks of Samabhavana Society or its associated companies. Any rights
not expressly granted herein are reserved.
PAYMENTS You agree to abide by all provisions prescribed
in the order forms submitted by you for the purchase of any artworks,products
from the Sites. In particular, you warrant that all information that you
submit will be true and accurate (including without limitation your
credit card number and expiration date), and you agree to pay all
charges plus all applicable taxes for the purchases made by you payable
Mumbai.
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