TERMS OF USE

 

This Terms of Use (“Terms of Use”/ “Terms”) governs the “User(s)” (as defined below) and the “Creator(s)” (as defined below) availing the Services (as defined below) being offered by Advaith Foundation, through its website ShikshaLokam - http://shikshalokam.org. ShikshaLokam has its principle place of business at #733, 17th Cross Road, KR Layout, JP Nagar Phase 6, Bengaluru, Karnataka – 560078.

 

For the purposes of this Terms of Use, the Users and the Creators shall collectively be referred to as “you” or “your”.

 

For the sake of clarity, the Terms are divided in to four (4) Parts as follows:

 

 

Part I – Introduction and Definitions

 

  1. Please read the Terms of Use carefully before using and accessing ShikshaLokam. By using, viewing or accessing ShikshaLokam, you: (a) acknowledge that you have read and understood these Terms of Use and the Privacy Policy (as defined below); (b) represent that you are of legal age to enter into and are otherwise legally competent to enter into a binding agreement; and (c) accept these Terms of Use and agree that you will comply with and are legally bound by these Terms of Use.

 

  1. We may modify the Terms of Use, any time by posting the changes on ShikshaLokam and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use, by viewing the revised Terms of Use. Your continued use of any Services after the new and/or revised Terms are effective, indicates that you have read, understood, and agreed to those Terms. If you do not agree to the existing or revised Terms of Use, you should not use, access or view ShikshaLokam.

 

  1. Disclaimer

 

User Content on ShikshaLokam may include hyperlinks to platforms/ web pages maintained or controlled by others. We are neither responsible for nor do we routinely screen, approve, review or endorse the contents of or use of any of the content, products or services that may be presented or offered at these third-party platforms/web pages.

 

  1. Definitions

 

  1.  “Creator” means and refers to an individual or a body corporate registered with ShikshaLokam who may avail the Services as detailed in Section 4 (iv) (b) of Part 1 in accordance with Part I, III and IV of these Terms;

 

  1. “Privacy Policy” shall mean the privacy policy available on ShikshaLokam’s website - http://shikshalokam.org;

 

  1. “Prohibited Content” includes the following content:

(a)      Content that defames, harasses or threatens others;

(b)     Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities;

(c)      Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets;

(d)     Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties;

(e)      Material that contains obscene (i.e., pornographic) language or images;

(f)       Advertising, promotional materials, or any form of commercial solicitation;

(g)     Content that otherwise harms other Users other Creators or visitors to ShikshaLokam;

(h)     Content that is unlawful or that violates any applicable local, state, national or international law;

(i)       Content that probes, scans, or tests the vulnerability of any system or network;

(j)        Content that plants malware or otherwise uses ShikshaLokam to distribute malware;

(k)     Content that breaches or otherwise circumvents any security measures; and

(l)       Content that interferes with or disrupts any User, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other User or part of ShikshaLokam.

 

  1.  “Services” shall mean and refer to:

(a)  access by Users to the articles, User Content, write – ups and stories that may be featured on ShikshaLokam and/or the functionalities available on ShikshaLokam;

(b)  access given to the Creators in order to create/upload or modify the User Content on ShikshaLokam either independently or using the functionalities available on ShikshaLokam;

(c) the option available to both Users and Creators to subscribe to the newsletter that may be circulated by ShikshaLokam.

 

  1. “User” means and refers to any individual or a body corporate registered with ShikshaLokam who may avail the Services as detailed in Section 4 (iv) (a) of Part 1, in accordance with Part I, II and IV of these Terms.

 

  1. “User Content” means information including articles, stories, blogposts which created and uploaded by the Creator on ShikshaLokam for the Users.

 

  1. “User Information” shall mean any information provided by the User or the Creator including but not limited to name, date of birth, telephone number, email address and residential address, for the creation of a User account or a Creator account or otherwise for the purpose of availing/accessing the Services.

 

 

 Part II: Terms Applicable to Creator(s)

 

  1. Access to ShikshaLokam:

 

As a Creator(s), you may use and access the relevant Services solely to:

 

  1. create and upload User Content independently (using his/ her own resources) for and on Shikshalokam;

 

  1. create and upload User Content using the functionalities available on ShikshaLokam

   in accordance with these Terms;

 

  1. Prohibited Uses:

 

In relation to the use and access of ShikshaLokam, and its content and features, you agree and undertake not to:

 

  1. upload, modify, transmit, publish, update or share any information on behalf of a third party, including any information of any person other than you that you do not have a right to, and more specifically, you will not impersonate another person;

 

  1. upload, transmit, share, modify, update or publish any information or material which constitutes Prohibited Content, anywhere on ShikshaLokam;

 

  1. upload, transmit, modify, update, publish or share information which violates any law for the time being in force;

 

  1. upload, transmit, update, publish or share information which harms minors in any way;

 

  1. upload, transmit, publish, modify, update or share any information which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

  1. upload, transmit, share, modify, update or publish any viruses or any other computer code, files or programs or other malware, designed to corrupt, interrupt, limit the functionality of, destroy or otherwise impact either ShikshaLokam and/or Advaith Foundation’s computer systems, or the computer systems of other Users or Creators or third-party systems;

 

  1. upload, transmit, modify, update, share or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party.

 

  1. Indemnity:

 

The Creator agrees to indemnify and hold harmless, Advaith Foundation, its trustees, its officers, employees, authorized representatives and agents, against any claims, losses, damages or costs arising from (i) Creator’s use of ShikshaLokam and any acts/ omissions in relation to the use thereof (ii) infringement of intellectual property rights of third-parties in respect of User Content generated by the Creator; (iii) Creator’s breach of these Terms of Use.

 

  1. Intellectual Property:

 

  1. The User Content generated by a Creator shall be owned by and shall belong to the Creator. Subject to the license granted in Clause 4 in Part IV, all intellectual property rights with respect to the User Content shall vest solely with the Creator.

 

  1. You hereby, as a Creator grant every User a license under Creative Commons, namely the CC-BY-4.0 International License or such other Creative Commons International License as maybe expressly stated by you in any User Content (“Applicable Creative Commons License”) uploaded by you. 

 

iii. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of ShikshaLokam save with respect to User Content that belongs to you.

 

  1. Disclaimer:

 

  1. Without limiting the Disclaimers stated under Clause 5 of Part IV, Advaith Foundation does not warrant that the integrity of the User Content you upload or create will be maintained or that by licensing to you the right create/ upload User Content on ShikshaLokam, it is endorsing any of your views.

 

  1. Advaith Foundation does not assume responsibility for any Users and their use of your User Content or compliance with the license terms detailed hereinabove. To the maximum extent permitted by law, you release Advaith Foundation from any claims (including future claims) that you may have in respect of any other User or Creator infringing any of your intellectual property rights in the User Content created by you.

 

Part III: Terms Applicable to User(s)

 

  1. Access to ShikshaLokam:

 

        Users may use the relevant Services solely to:

  1. view and access Shikshalokam and the User Content featured therein;

 

  1. use any User Content uploaded by Creators, subject to compliance with the terms of the Applicable Creative Commons License under which the User Content is licensed to you;

 

  1. subscribe to the ShikshaLokam newsletter.

 

  1. Prohibited Uses:

 

In relation to the use and access of ShikshaLokam its content and features, you agree and undertake not to:

 

  1. engage in unlawful copying, distribution or resale of User Content or any other material on ShikshaLokam or in any edition of the newsletter;

 

  1. violate the privacy of any person;

 

  1. use ShikshaLokam in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;

 

  1. access ShikshaLokam in any unauthorized manner, including by hacking or using log in credentials of any other User or Creator;

 

  1. use ShikshaLokam for any unauthorized marketing purposes or for sending any unsolicited materials;

 

  1. Provide any third parties with access to the Services;

 

  1. Re – sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services.

 

  1. Indemnity:

 

The User(s) agrees to indemnify and hold harmless, Advaith Foundation, its trustees, its officers, employees, authorized representatives and agents, against any claims, losses, damages or costs arising from (i) User’s use of ShikshaLokam and its contents, (ii) User’s breach of these Terms of Use or (iii) any acts or omission by User in relation to ShikshaLokam and its use thereof;

 

  1. Disclaimers:

 

  1. User(s) hereby expressly acknowledges that the Creators, Advaith Foundation, its staff, Creators are not rendering personal advice and have no expertise in determining the effect of you following any advice that may be featured in the content of ShikshaLokam. User(s) further acknowledge that Advaith Foundation will be in no way responsible for any risk/outcome/results associated with using/following/relying on the User Content, that you may access/view/subscribe to on ShikshaLokam and that you will be solely responsible for the same.

 

  1. Users hereby understand and acknowledge that any such advice and guidance is for general informational purposes only and the same is prepared without taking into account your circumstances, objectives, and/ or personal needs.

 

  1. Without limiting the Disclaimers stated under Clause 5 of Part IV, Advaith Foundation does not warrant that the content made available on ShikshaLokam will meet your requirements or expectations or achieve the intended purposes

 

  1. Intellectual Property:

 

Subject to Clause 4 of Part IV, the User is granted Applicable Creative Commons License by the Creator for the use of the User Content for any purpose including commercial and non – commercial. 

 

Part IV: General Terms of Use

 

  1. Access to ShikshaLokam:

 

  1. You have to register for the purpose of using ShikshaLokam. Information provided by you for registration, including User Information, may be viewed by third parties on a need to know basis. You represent that you have all rights required to provide the information that you have provided to ShikshaLokam, including the User Information and represent that they are true and accurate.

 

  1. You will be solely responsible for your acts on ShikshaLokam including those conducted under the username assigned to you.

 

  1. You understand that for the purpose of promptly receiving the said newsletter or other updates, information and correspondence from ShikshaLokam, you will be required to provide accurate User Information.

 

  1. All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

 

  1. Advaith Foundation may in its sole discretion permit or deny your attempt to access or use ShikshaLokam and you waive any right to claim access to or use of ShikshaLokam or any other claim that you may have. Any data of your usage may be retained or deleted at Advaith Foundation’s sole discretion.

 

  1. You will be solely responsible for your acts on ShikshaLokam including those conducted using your User Information.

 

  1. You understand that ShikshaLokam shall adhere to reasonable security measures deemed to be appropriate by ShikshaLokam for the provision of the Services, including, without limitation, using reasonable measures to secure your information (including User Information) from unauthorized access and modifications. Such security measures shall be no less stringent than the measures used by ShikshaLokam to secure its own information. You will not take any action that will cause a breach of the security measures used by ShikshaLokam.

 

  1. Permitted Uses:

 

  1. You will use ShikshaLokam and any information or products available therein in accordance with these Terms and all applicable laws and regulations.

 

  1. These Terms of Use are in addition to any other agreement(s) you may have with Advaith Foundation.

 

 

  1.    Intellectual Property:

 

  1. Advaith Foundation grants a limited, revocable license to the Creator to access and use the functionalities on Shikshalokam to enable the Creator(s) create and upload User Content.

 

  1. Advaith Foundation grants a limited right to Users to access and use ShikshaLokam in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, subject to Clause 5 in Part III, there are no other rights being granted to you in ShikshaLokam or any of its contents and functionalities.

 

  1. The Creators and the Users agree and acknowledge that all content, material, information (apart from User Content) and the contents of ShikshaLokam including but not limited to newsletters, information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, pictures, logos, icons, including any intellectual property rights therein, are the sole property of Advaith Foundation or its licensors as the case may be. Save for the limited rights granted to the Creators and User as detailed in this Section, no other rights or interests are being granted to the Creators and Users.

 

  1. You have no right to use any search mechanisms other than that provided on ShikshaLokam and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from ShikshaLokam.

 

  1.     Disclaimers:

 

  1. ShikshaLokam and any content or information, therein are provided "as is" without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Advaith Foundation does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the content of ShikshaLokam or its newsletter. Advaith Foundation does not warrant that ShikshaLokam will operate in an uninterrupted or error-free manner or that ShikshaLokam is free of viruses or other harmful components.

 

  1. Without limiting the foregoing, Advaith Foundation does not warrant that:

 

(a)                the content including User Content made available on ShikshaLokam or your access to ShikshaLokam will not experience outages or otherwise be uninterrupted, timely, secure or error-free;

(b)               the information or services obtained through or from the ShikshaLokam will     be accurate, complete, current, error-free, completely secure or reliable;

(c)                it endorses the views of the Creators who upload User Content;

(d)               it has screened or verified any of the information posted herein; or

(e)                that defects in the content (including User Content) made available on ShikshaLokam will be corrected.

 

  1. Advaith Foundation does not make any representation regarding your ability to upload, modify, update, transmit and/or receive Information from or through ShikshaLokam, and you agree and acknowledge that your ability to access the content made available on ShikshaLokam may be impaired.

 

  1. Advaith Foundation disclaims any and all liability resulting from or related to such events or the access or use of the online courses made available on ShikshaLokam or any information or services related to them.

 

  1. You expressly release Advaith Foundation and where applicable its trustees, officers, employees, authorized representatives and agents and representatives from any cost, damage, liability or other consequence of any use of ShikshaLokam by you.

 

  1. You understand and acknowledge that it is at your own discretion and based on our judgment that you transact on ShikshaLokam.

 

  1. Subject to applicable laws, Advaith Foundation hereby disclaims all warranties, whether express or implied, in relation to ShikshaLokam, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.

 

  1. Advaith Foundation reserves the right to remove any content including User Content on ShikshaLokam.

 

  1. ShikshaLokam may contain links to third party platforms.  Advaith Foundation shall not be responsible in any manner for the contents of these third-party platforms and if you should choose to use the link to view the third-party platforms, you choose to do so at your own risk. Advaith Foundation does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third-party platforms.

 

  1. Price/ Usage fee

 

The access to ShikshaLokam and your subscription to the newsletter will be free of cost.

 

  1. Limitation of Liability

 

The aggregate liability of Advaith Foundation to you or any third party, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of ShikshaLokam and its contents (including User Content) and functionalities or for any reason related to the operation of ShikshaLokam, shall not exceed Rs. 100/- (Rupees One Hundred Only), regardless of whether the claim or action is based on contract, tort, warranty, indemnification or otherwise.

 

In no event shall Advaith Foundation be liable to the User, Creator and any third party, for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

 

  1. Complaints

 

Advaith Foundation takes matters related to intellectual property rights and privacy very seriously. Should you have any complaints regarding ShikshaLokam, including but not limited to abuse and misuse of ShikshaLokam, copyright infringement and the like, or any issues related to data privacy please report the same to info@shikshalokam.org.

 

Please provide your name, email address, physical address and contact numbers so that Advaith Foundation may be in a position to verify details or check the authenticity of the complaints.

 

  1. General

 

  1. Termination: Advaith Foundation reserves the rights to terminate your access to ShikshaLokam at any time, in its sole discretion, if you violate these Terms of Use. You acknowledge Advaith Foundation’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

 

  1. Force Majeure: in no event shall Advaith Foundation be liable for any acts beyond its control or for any acts of god.

 

  1. Access: Advaith Foundation does not make any claim that ShikshaLokam and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with laws applicable to you.

 

  1. Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by Advaith Foundation in writing to you.  No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against Advaith Foundation arising from your use of ShikshaLokam or any other User’s and/or Creator’s conduct.

 

  1. Entire Agreement: These Terms of Use, the Privacy Policy and any other agreements you execute with Advaith Foundation as relevant, shall constitute the entire agreement between you and Advaith Foundation for the use of ShikshaLokam. Any modification to these Terms of Use shall only be binding if posted on ShikshaLokam by Advaith Foundation.

 

  1. Assignment: You may not assign your obligations under this Terms of Use or any part thereof without the prior written consent of Advaith Foundation.

 

  1. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

 

  1. Governing Law: These Terms of Use are governed by the laws of India. Any disputes that may arise in connection herewith or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts competent courts at Bengaluru, India.