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Online Archive Member Agreement


 

The following is a legal Agreement between the member ('you') and the owner and operator of the www.tdsingh.org/archive ('Website'), T. D. Singh Foundation. ('T. D. Singh Foundation', 'The Foundation'). The Terms and Conditions within this Agreement govern your use of the Website, its services and content. Please read this document carefully before using the Website.

 

T. D. Singh Foundation Online Archive Terms & Conditions

 

1. Introduction

2. Conditions on Participation

3. Permitted Use & Services

4. Username & Access

5. Guarantees

6. Intellectual Property & Copyright Laws

7. Risk Assumption

8. File License Agreement

9. Members Additional Terms & Conditions

10. Privacy Policy

11. Termination

12. Indemnification

13. Jurisdiction

14. Disclaimer of Warranties and Limitation of Liability

15. Severability

16. Entire Agreement Acknowledgement

 

1. Introduction
Welcome to the tdsingh.org/archive Website.  Please read the Website Terms and Conditions carefully. If you use the www.tdsingh.org/archive Website, you are required to follow the Terms and Conditions set forth in this Agreement.  By using the Website and any member services you are acknowledging your understanding and acceptance of the Terms and Conditions and agree, without any limitation or qualification, to be legally bound by them. If you do not agree with the Terms and Conditions, please do not use the Website.

If you choose to register as a member of the Website, you may be prompted to click a 'I accept', 'Submit', or similar button during the registration process; your clicking on such button will further confirm your Agreement to be legally bound by the Website Terms and Conditions and any additional Terms and Conditions that the T. D. Singh Foundation may present to you at that time. The Terms and Conditions of this Agreement may be revised without notice. It is your responsibility to review them regularly.

 

2. Conditions on Participation

You must be at least 18 years of age to register as a member of the Website and to use any of its services. You hereby warrant that you are at least 18 years of age and can legally enter this Agreement.

 

3. Permitted Use & Services
The principle service of the Website is to distribute digital information that furthers the charitable mission of The Foundation through facilitating an exchange of licensed rights of media files and their content to members. Your permitted usage of the various services available on the Website depends on your choice to become a member or not.

You have the right to modify or terminate your membership and access to the Website' services at any time. The Foundation reserves the right to adjust, modify, and discontinue any or all of the services on its Website.
 

Until termination of your membership you are bound by the Terms and Conditions of this Agreement. Your membership and the Website Terms and Conditions are non-transferable and shall not be assignable by you, either in whole or in part to any third party. The Foundation retains the right to assign its rights and responsibilities of the Agreement.

  

4. Username & Access
For login and membership purposes, you will be requested upon registration to select a username to identify yourself to the Foundation personnel. You may not choose a username, which is vulgar or offensive, may cause confusion, is illegal or violate any third party's copyright, trademark or other proprietary right. The Foundation retains the right to compel you to change your username if we find it unacceptable according to the above Terms.

You are responsible for the confidentiality and use of any password or access code that you receive from The Foundation for your access to the Website and its services. You accept the responsibility for all activities that occur through or under your password or access code. If you become aware of any loss, theft, or any unauthorized use of your password or access code, you agree to immediately notify The Foundation.

 

5. Guarantees
You guarantee under penalty of law:
(i) to abide by all the Terms and Conditions of this Agreement.
(ii) that you are the sole user of the digital files and their content downloaded, by you, from the Website.
(iii) that all the information you provide The Foundation and is true and accurate.
(iv) that you will not engage in any conduct which will impair or interfere with the services of the Website.

 

6.  Intellectual Property & Copyright Laws
The Foundation respects intellectual property rights and expects its members to do the same.

By using any of the services provided by the Website, you acknowledge that all media files on the Website are copyrighted and possibly protected by other intellectual property laws and are owned by The Foundation or its content providers. The use of these files without acceptance of the File License Agreement (8.) is prohibited.

If you believe that any file on the Website infringes your rights under copyright law, please notify us by emailing: info[AT]tdsingh.org

 

7. Risk Assumption

The Foundation makes no claims or warranties and grants no rights for the use of trademarks, people, works of art or architecture, copyrighted materials, design patents, or any other type of intellectual property concerns represented in any digital files or content downloadable from the Website. You agree that files and content downloaded from the Website by you are used at your sole responsibility and risk.

 

8. File License Agreement

Upon downloading a digital file from The Foundation, you are granted non-exclusive, non-transferable permission to use the file and its content according to the restricted uses set forth in Allowable File Uses (8.2).  All files on the Website are the property of the Foundation or its content providers and are protected by copyright and possibly other intellectual property laws, and use of these files without acceptance of the File License Agreement is prohibited.

 

8.1 Licensed Rights

You understand and agree that by downloading a digital file and receiving the licensed rights to use the digital file, the ownership of the digital file and its content does not get transferred to you. You may never claim proprietorship of it or its content. The licensed rights to use a digital media file and its content are non-transferable; you may not sublicense, sell, confer, rent or reassign the rights to use the digital file and its content to anyone else.

 

8.2 Allowable File Uses
With a Standard License, you are allowed to use the file and its content for:

Personal, non-commercial use that furthers the charitable purposes of The Foundation or use that is otherwise consistent with fair use or other educational exceptions to USA and international copyright laws. I.E., Website & Blog Illustration to a maximum of 800 x 600 pixels, Electronic Documents & Reports, Multimedia Presentations, Advertising, TV/Video, Press Articles, Book, Magazine & Catalogue covers and designs, Pamphlets, Leaflets, Brochures, Posters & Art prints & T-shirts, Logos, Signs, Power Point Presentations, Promotional Materials including but not limited to postcards, greeting cards, calendars.

 

8.3 Prohibited File Uses
You are not allowed to sell the digital file or any of its content either through online sales or hard copy sales. You are not allowed to sub-license, give away, distribute, assign the rights or lend the file or any of its content.

You are responsible for the security of the file and its content, which you have downloaded from the Website. This means you must take practical steps to guarantee the file and its content are not transferred, distributed, copied, shared or stolen.

You are not allowed to post the image online in a format larger than 800 x 600 pixels. You are not allowed to place the image in a digital template.

You are not allowed to use the file or any of its content in any way that would be a violation of criminal and civil laws specifically those regulating illicit and immoral activities, obscenity, pornography, fraudulent schemes, counterfeiting, espionage, and defamation.

If you have any specific question regarding allowable or prohibited usages please contact: info[AT]tdsingh.org

  

9. Members Additional Terms & Conditions
 

9.1 Introduction

'Member' is a registered individual who wishes to use the online archive of The Foundation to download the licensed rights of digital files, or its derivatives, for use according to the File License Agreement (8.). As a Member, you acknowledge having read and understood, and agree to abide by, the File License Agreement. You further agree to the following additional Terms and Conditions.

 

9.2 File Accessibility
All media files contained on the Online Archive are available to members via instant digital download. Higher resolution images and higher fidelity audio and video recordings of some files are available upon request.

  

9.3 Download Security Measures

The Foundation cannot and does not guarantee that files available for download will be free of viruses, worms, or other malicious code.  You are solely responsible to secure all of your data input from the Website by implementing security measures to satisfy your computer protection requirements. If you download any file from the Website that you believe to contain a virus, you agree to alert us immediately.
 

10. Privacy Policy
The Foundation respects its relationship with you and values your right to privacy. Your privacy is important to us. For contact and statistical purposes The Foundation saves information about its members. The Foundation holds your data confidentially.  Your private information will not be sold to any third parties nor will it be seen by the public.

The information you provide to The Foundation online or that we obtain in connection with your use of the Website is the only information covered in this privacy policy. By using the Website or its services, you acknowledge that you understand and agree to the practices described in this privacy policy.

 

10.1 Applicability
The Foundation's privacy policy covers the treatment of information we collect and retain about you in connection with your use of the Website and its services. This privacy policy is not applicable to the activities of entities that the Foundation does not control or own, including companies you may visit by using links from the Website.

 

10.2 Cookies

The Foundation may or may not use cookies to facilitate your use of the Website and its services.

  

10.3 Legal Requirements

The Foundation will disclose your personal information to the extent we believe we are required to do so by law. If the Foundation receives, through legal process, the request for disclosure of any or all of your personal information, we shall make our best attempt to notify you through the email address you supplied to us during the membership registration process, unless such notification is not permitted by law.

 

11. Termination
Either the Foundation or you may terminate your membership for any reason at any time.

You may terminate your membership by sending a notice by email to The Foundation.  Your termination will be effective upon receipt of your termination notice.  Upon termination you must destroy and cease to use any of the digital files, and their content, downloaded from the Website.
  

You agree and acknowledge that The Foundation retains the right to terminate your access to the Website and membership privileges if you are found to be in violation of the Member Agreement. The Foundation reserves the right to remove your download credits if your membership is terminated because of copyright infringement or other malicious or unlawful acts.

 

12. Indemnification

You agree to indemnify and hold harmless The Foundation, its officers, directors, employees, members and affiliates from and against all claims, liability, damages, costs and expenses, arising from your breach of this Agreement or your use of the Website, its services or content, or any infringement of third party's rights as a result of the use of such content.

 

13. Jurisdiction
The Website Terms and Conditions and any dispute arising from the Website, its services or content, shall be adjudicated in accordance with the laws of the State of California, USA. You understand and explicitly consent and agree that any claims arising in relation to these Terms and Conditions, the Website, its services or content, shall be brought only in the state or federal courts located in the State of California and therefore you agree to the venue and jurisdiction of those courts.

 

14. Disclaimer of Warranties and Limitation of Liability
You agree that neither THE FOUNDATION, its officers, directors, employees, members, content providers, nor affiliates shall have any liability under any circumstance, contingent or otherwise, for your use of the Website or usage of digital files downloaded from the Website.  In no event will THE FOUNDATION, its members or affiliates be liable to you or any other third party for any direct, indirect, incidental, consequential, special or exemplary damages, or claims arising in tort (including negligence), even if THE FOUNDATION or its members have been advised of, or are otherwise aware of, the possibility of any of the foregoing
. In case of legal action you agree that THE FOUNDATION is not liable to you or any third party for any infringement or violation of any party's rights, including but not limited to, intellectual property rights, copyrights, privacy rights, trademark rights or publicity rights. In any event, the maximum liability of THE FOUNDATION under this Agreement shall be limited to the cost paid by you to THE FOUNDATION for the use of the relevant DIGITAL file and its content. 

You acknowledge and understand that files posted to and content available from the Website may contain computer viruses or other malicious elements. It is your responsibility to perform anti-virus scanning or take other required precautions as you find necessary, should you download any such materials from the Website. Furthermore, you assume full responsibility for all expenditures associated with all the necessary servicing or repairs of any equipment or data you use in connection with the Website and agree that under no circumstances will THE FOUNDATION be responsible for any loss or damage caused by any files downloaded from the Website. 

The Website, its services and content are provided "as is". To the full extent permitted by applicable law, THE FOUNDATION offers no warranty, explicit or implied, of ACCURACY, fitness for a particular use, or warranty of any kind regarding any aspect of the Website, its services or files and their content or warranty that their use will be uninterrupted or error free.  

15. Severability
Should any of the Terms and Conditions of this Agreement be breached by either party or be held by a court of law to be void, unenforceable, illegal or invalid, such Terms and Conditions shall be applicable and enforceable to the extent allowed by valid law and the applicability and enforceability of the other Terms and Conditions shall not be affected thereby.

 

16. Entire Agreement Acknowledgement

You acknowledge that you have read this entire Agreement, understand it, and agree to be legally bound by all its Terms and Conditions. You further agree that it is the complete and exclusive statement of this Agreement between you and THE FOUNDATION and supersedes any proposal or prior agreement, oral or written, and any other communication between you and THE FOUNDATION concerning the subject of this Agreement.

 


 

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