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1. DESCRIPTION OF SERVICE AND ACCEPTANCE
NalandaU, LLC ("NalandaU," "we" or "us") provides an online video service offering a selection of courses, lectures, and other content (collectively, "Content") available on the http://NalandaU.com website (the "NalandaU Site"), and other websites where users may embed the Content (these websites, together with the NalandaU Site, are referred to collectively as the "Sites"). Our video service, including the Content and our video player, and any other features, tools, applications, materials or other services offered from time to time by NalandaU in connection with its business on any of the Sites are referred to collectively as the "NalandaU Services." We are a company based in the United States.
In order for all of our users to enjoy the NalandaU Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the NalandaU Site (whether or not you are a registered member) or using any of the NalandaU Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with an excellent user experience, so if you have any questions or comments about these Terms, please contact us at feedback@NalandaU.com
2. CHANGES TO THE TERMS OF USE BY NALANDAU
NalandaU may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the NalandaU Site at http://www.nalandau.com/termsofuse.php. Any visit to the NalandaU Site or use of the NalandaU Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
3. ACCESS AND USE OF THE NALANDAU SERVICES
The Content. The NalandaU Site includes a combination of content that we license from third parties or that is created and posted by our users. All of the content on the NalandaU Site is protected by the copyright of NalandaU, other content providers or our users. Materials uploaded to NalandaU may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
As a user of the NalandaU Site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the NalandaU Site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any NalandaU content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.
Your Responsibilities. In order for us to keep the NalandaU Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the NalandaU Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the NalandaU Services in a way that:
- violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- uses technology or other means to access the NalandaU Services that is not authorized by NalandaU;
- accesses the NalandaU Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the NalandaU Services);
- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, impair, or gain unauthorized access to the NalandaU servers, computer network, or user accounts;
- attempts to collect personally identifiable information in violation of NalandaU's Privacy Policy;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms, guidelines or any policy posted on the NalandaU Site; or
- interferes with any other party's use and enjoyment of the NalandaU Services.
No Spam/Unsolicited Communications. No one may use the NalandaU Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks.
Suspension/Discontinuation. We hope not to, but we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the NalandaU Services, at any time without notice. It is important that you understand that NalandaU will not be liable to you for any modification, suspension or discontinuance of the NalandaU Services.
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the NalandaU Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
We reserve the right to immediately terminate your account or your use of the NalandaU Services at any time without notice or liability if NalandaU determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the NalandaU Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the NalandaU servers being made.
5. COLLECTION AND USE OF PERSONAL INFORMATION
For information about NalandaU's policies and practices regarding the collection and use of your personally identifiable information, please read NalandaU's Privacy Policy located at http://www.nalandau.com/privacypolicy.php. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the NalandaU Site and use of the NalandaU Services on any of the Sites are governed by the NalandaU Privacy Policy in effect at the time of your use.
6. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the NalandaU Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the NalandaU Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the NalandaU Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant NalandaU the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. NalandaU will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that NalandaU does not guarantee any confidentiality with respect to any User Material.
NalandaU does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant NalandaU a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the NalandaU Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the NalandaU Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to NalandaU is non-exclusive (meaning you are free to license your User Material to anyone else in addition to NalandaU), fully-paid and royalty-free (meaning that NalandaU is not required to pay you for the use of your User Material), and sublicensable (so that NalandaU is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the NalandaU Services). By Posting your User Material, you also hereby grant each user of the NalandaU Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the NalandaU Services and under these Terms of Use.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. NalandaU does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of NalandaU. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does NalandaU assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against NalandaU with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the NalandaU Services is not available for a specific instance of inappropriate User Material, please email feedback@NalandaU.com (subject line: "Inappropriate User Material").
7. LINKED WEBSITES AND ADVERTISING
Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that NalandaU operates, controls, or is otherwise connected with these websites. When you click on a link within the NalandaU Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.
NalandaU is not responsible for the content or practices of any other website, even if it links to the NalandaU Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with NalandaU. By using the NalandaU Services, you acknowledge and agree that NalandaU is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Advertisements. NalandaU takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the NalandaU Services are between you and the advertiser, and you agree that NalandaU is not liable for any loss or claim that you may have against an advertiser.
8. TRADEMARKS
NalandaU, the NalandaU logo, http://NalandaU.com, and other NalandaU marks, graphics, logos, scripts, and sounds are trademarks of NalandaU. None of the NalandaU trademarks may be copied, downloaded or otherwise exploited without NalandaU's prior written consent.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE NALANDAU SERVICES, YOU AGREE THAT USE OF THE NALANDAU SERVICES IS AT YOUR OWN RISK. THE NALANDAU SERVICES, INCLUDING THE NALANDAU SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NALANDAU DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE NALANDAU SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL NALANDAU OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "NALANDAU PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE NALANDAU SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE NALANDAU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE NALANDAU PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE NALANDAU SERVICES.
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other material provided through the NalandaU Services, including through a link, infringes your copyright, you should notify NalandaU of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which NalandaU receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to NalandaU's Copyright Agent at feedback@NalandaU.com (subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the NalandaU Services that is reasonably sufficient to enable NalandaU to identify and locate the material; (d) how NalandaU can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
12. GENERAL INFORMATION
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the NalandaU Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law. This Agreement shall be governed by the laws of India, without regard to India’s conflicts of law rules.
No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at feedback@NalandaU.com (subject line: "TOU Violation"). Precisely how NalandaU responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon NalandaU's precise response in one situation as any indication of what NalandaU might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. NalandaU's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.
Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and NalandaU and governs your use of the NalandaU Services (but excluding any services, if any, that NalandaU may provide to you under a separate written agreement), and completely replaces any prior agreements between you and NalandaU in relation to the NalandaU Services. It may not be amended or varied by you except in a writing signed by NalandaU. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if NalandaU acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the NalandaU Services!
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