Terms of use

Attached file: terms-2015_05_26.txt

Indica et Buddhica WEBSITE TERMS OF USE

  1. Acceptance of Terms of Use for this website
    1. YOU MUST READ THESE INDICA ET BUDDHICA WEBSITE TERMS OF USE ("TERMS") CAREFULLY. INDICA ET BUDDHICA AND ITS AFFILIATES (COLLECTIVELY THE "SERVICE PROVIDER") PROVIDE THIS WEBSITE TO YOU SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN THE SERVICE PROVIDER AND YOU, AND YOU ACCEPT THEM BY: (a) REGISTERING THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
    2. The Indica et Buddhica website (the "Website") includes without limitation: (a) Indica et Buddhica: Materials for Indology and Buddhology, Scholia :: Scholiast - Buddhist studies scholarship, Lexica: Sanskrit, Tibetan and English, Philologica: machine readable texts for Indology and Buddhology, and other online services accessible through the Website (collectively the "Service"); (b) information available through the Service; and (c) content available through the Service.
    3. The Service is not intended for users under the age of 18 and Service Provider does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted or retained by Service Provider.
  2. Website Terms of Use
    1. These Terms may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of the Service by You will constitute Your acceptance of any changes or revisions to these Terms.
    2. Your failure to follow these terms, whether listed below or posted at various points in the Service, may result in suspension or termination of Your access to the Service, without notice, in addition to Service Provider's other remedies.
  3. Use of password
    1. Your right to use the Service is personal to You - You may not authorize others to use the Service, and You are responsible for all use by You and those You allow to use the Service. You may not sub-license, transfer, sell or assign these Terms to any third-party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms.
    2. You will be solely responsible for maintaining the confidentiality of Your password. You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your user ID and password.
    3. If You have reason to believe that Your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of Your user ID or password), You must promptly notify Service Provider of the problem by contacting the Service System Administration at: Indica et Buddhica - Admin contact@indica-et-buddhica.com.
  4. Use of the Service by You
    1. You agree not to use any obscene, indecent or offensive language or to place on the Service any material that is defamatory, abusive, harassing or hateful. Further, You may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes, and You acknowledge that Your failure to do so may subject You to civil and criminal liability.
    2. You are responsible for ensuring that any material You provide or post to the Service, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third-party or is provided or posted with the permission of the owner(s) of such rights.
    3. All materials included in the Service are provided strictly for the purposes of research or private study by each individual user. The Service contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service, except as permitted by the Copyright Act 1994 and Copyright (New Technologies) Amendment Act 2008 (New Zealand) or other law or as expressly permitted in writing by these Terms, Service Provider or the Service.
    4. You agree not to disrupt, modify or interfere with the Service, or its associated software, hardware, and/or servers in any way, and You agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
    5. Other than connecting to Service Provider's servers by HTTP requests using a Web browser, or Dictionary Server Protocol ("DICT") requests using a DICT client, You may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
    6. You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to/from the Service and is not responsible for the content or actions of any other sites linked to/from the Service. Your linking to any service or site is at Your sole risk.
  5. Use of material supplied by You. By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Service, You grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sub-license any such communication (including Your identity and information about You) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
  6. Copyright complaints. Service Provider respects the intellectual property of others, and expects our users to do the same. Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
  7. Materials posted by others. You agree that the Service Provider and its third-party service providers are not responsible, and shall have no liability to You, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms.
  8. Comments by users are not endorsed by Service Provider. Service Provider does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted or otherwise contained in the Service. Nor does Service Provider or its third-party service providers make any warranties with respect to any of the merchandise featured or mentioned in the Service. Any information or material placed on-line, including advice and opinions, are the views and responsibility of those who post the statements, or those who actually sell any merchandise, and do not necessarily represent the views of the Service Provider or its third-party service providers.
  9. Editing and deletions. The Service Provider reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the Service, in its sole discretion, without notice.
  10. Additional terms. Service Provider reserves the right to post, from time to time, additional terms of usage that apply to specific parts of the Service. Such additional terms will be posted in the relevant parts of the Service, and will be clearly identified. Your continued use of the Service constitutes Your agreement to comply with these additional terms.
  11. Indemnity. You agree to hold harmless and indemnify Service Provider and its third-party service providers, and each of their respective directors, officers, employees, and agents from and against any third-party claim arising from or in any way related to Your use of the Service, violation of these Terms or any other actions connected with use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers fees, of every kind and nature. In such a case, the Service Provider will provide You with written notice of such claim, suit or action.
  12. Disclaimer of Warranty and Limitation of Liability
    1. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND SERVICE PROVIDER AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. SERVICE PROVIDER AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
    2. THE SERVICE PROVIDER AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE.
  13. Termination of access to the Service. Service Provider has the right to terminate Your ability to access the Service, for any reason, without notice.
  14. Jurisdiction
    1. Service Provider makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
    2. You may not sub-license, transfer, sell or assign any of Your liabilities or rights under these Terms to any third-party without our prior written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms. Service Provider may appoint agents, assign, transfer, license or sub-contract the whole or any part of its rights and/or obligations contained in these Terms to any third-party at any time.
    3. No delay, neglect or forbearance by Service Provider to exercise or enforce any right or provision of these Terms shall constitute a waiver of such right or provision.
    4. If any provision of these Terms is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of these Terms, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No term or provision of these Terms shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
    5. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of New Zealand applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a court in New Zealand. In addition, You agree to submit to the personal jurisdiction and venue of such courts.
  15. Force Majeure. Service Provider shall not be liable for delays in performing or failure to perform these Terms or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts of terrorism, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.

 

Last review: Tue 26 May 21:11:04 2015

 

 

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