Privacy Policy
Privacy Policy
Data collection and use, including data collection and use of personal information is governed by Kalpavriksha Publication’s Privacy Policy which is incorporated into and is a part of this Agreement.
User Submissions
Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g., user generated content, postings to forums, comments on content, participation in communities) to Kalpavriksha Publication that they have created for consideration in connection with the Sites and any related programs (“User Submissions”).
User Submissions remain the intellectual property of the individual user. By posting your content on the Sites, you expressly grant Kalpavriksha Publication a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe.
We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and Kalpavriksha Publication shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
By submitting any User Submissions, you consent to the following rules:
• User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party.
• It must be an original work, and if it is not, the user must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms.
• User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
• Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
• The user shall not attempt to gain unauthorized access to other computer systems through the Web Site.
• The user shall not be a party in activities that may involve spidering, “screen scraping,” “database scraping,” logging-in or registering on the Site, harvesting of e-mail addresses, contact or personal information of Users or wireless addresses, or any other automatic means of registering, accessing or logging-in to the Websites or for any services or features provided on or through the sites, or obtaining or accessing other information or features provided on, from or through the Websites or the services offered on or through the Site, including and without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website
• The User shall not use the Website or the services provided on or through the Website in any way with the intent to interrupt, damage, disable, overburden, or impair the sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests.
• Remember that forums and other areas of the Sites are public. It is advised not to post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable information or contact information) in these areas.
• Use the Websites or the services provided by the Websites in any way that may stand in conflict to laws in effect within the territory of India
All User Submissions must comply with these rules and any additional guidelines posted on the Sites, as applicable. User Submissions do not represent the views of Kalpavriksha Publication or any individual associated with Kalpavriksha Publication, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Kalpavriksha Publication’s endorsement of User Submissions. Kalpavriksha Publication does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Sites. Through your use of the Sites, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Sites, you assume all associated risks.
REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the Sites. In connection with User Submissions and your use of the Sites, you affirm, represent and warrant the following:
• you are over the legal age to contract (or your parent or guardian has consented to your User Submission and your use of the Sites) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein;
• you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein;
• if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Sites and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use;
• you have read, understood, agree with, and will abide by the terms of this Agreement;
• the User Submission and Kalpavriksha Publication’s use thereof as contemplated by these terms and the Sites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity;
• the User Submissions do and will not contain:
• material falsehoods or misrepresentations that could harm Kalpavriksha Publication or any third party;
• content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;
• advertisements or solicitations of business; or
• impersonation of third parties, other than those which are readily apparent and not otherwise in violation of these Terms of Use.
Removal of User Submissions
We will not monitor, edit, or disclose the contents of a user’s email unless required in the course of normal maintenance of the Sites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on KALPAVRIKSHA PUBLICATION or the Sites; (2) protect and defend the rights or property of KALPAVRIKSHA PUBLICATION, the Sites, or the users of Kalpavriksha Publication; or (3) act in an emergency to protect the personal safety of our guests, the Sites, or the public. Users shall remain solely responsible for the content of their messages and Kalpavriksha Publication shall have no obligation to pre-screen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Sites.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Account Registration and Security
If you decide to register as a member of a Site, you may receive or establish one osr more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KALPAVRIKSHA PUBLICATION has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KALPAVRIKSHA PUBLICATION has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.
Termination
KALPAVRIKSHA PUBLICATION may suspend or terminate any user’s access to all or any part of the Sites including any account thereon, without notice, for any reason in KALPAVRIKSHA PUBLICATION’s sole discretion, including without limitation KALPAVRIKSHA PUBLICATION’s belief that such access would violate any applicable law or would be harmful to the interests of KALPAVRIKSHA PUBLICATION or another user. Upon termination, you will lose access to all the Sites and all Content thereon. The obligations that you have to KALPAVRIKSHA PUBLICATION under these Terms of Use will continue even after we suspend or terminate your access to the Sites.
Disclaimer and Limitation of Liability
Your use of and browsing of the Sites are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. KALPAVRIKSHA PUBLICATION MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES FOR ANY PURPOSE. KALPAVRIKSHA PUBLICATION DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KALPAVRIKSHA PUBLICATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KALPAVRIKSHA PUBLICATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL KALPAVRIKSHA PUBLICATION OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE KALPAVRIKSHA PUBLICATION SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM KALPAVRIKSHA PUBLICATION’S SITES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO KALPAVRIKSHA PUBLICATION’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.
IN NO EVENT SHALL KALPAVRIKSHA PUBLICATION OR ANY AFFILIATED KALPAVRIKSHA PUBLICATION ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF KALPAVRIKSHA PUBLICATION OR A KALPAVRIKSHA PUBLICATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KALPAVRIKSHA PUBLICATION’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.
Indemnification
You agree to defend, indemnify and hold KALPAVRIKSHA PUBLICATION, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Sites or the Internet or the placement or transmission of any message or information on the Sites by you.
If you registered as a member of a Site, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
FORCE MAJEURE
Neither KALPAVRIKSHA PUBLICATION nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
The Sites are created and controlled by Kalpavriksha Publication. These disclaimers, terms, and conditions of use are governed by all the laws applicable within the territory of India. By using any of the Sites, you hereby consent to the exclusive jurisdiction and venue of courts in Ahmedabad, Gujarat, India in all disputes arising out of or relating to the use of the Sites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. KALPAVRIKSHA PUBLICATION’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
Disputes may be referred to Arbitration at the choice of KALPAVRIKSHA PUBLICATION only, which shall then be governed as per the Arbitration and Conciliation Act, 1996.
Agreement
This Agreement is the entire agreement between the user and KALPAVRIKSHA PUBLICATION and supersedes any prior understandings or agreements (written or oral).
User Information
KALPAVRIKSHA PUBLICATION collects information on what pages are accessed or visited by consumers, as well as information volunteered by the consumer, such as survey information and/or site registrations. KALPAVRIKSHA PUBLICATION uses this information for internal review, in order to improve the content of the Site and to notify consumers about updates to the Site.
KALPAVRIKSHA PUBLICATION guarantees that if you supply your postal address on-line you will only be sent the information for which you provided your address but if you do not wish to receive e-mail from KALPAVRIKSHA PUBLICATION in the future, or if you wish to be removed from mailing lists, please let us know by sending an e-mail at info@kalpavrikshabooks.com
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