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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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