For the sake of clarity, the Terms are divided in to four (4) Parts as follows:
- Part I: Introduction and Definitions
- Part II: Terms applicable to Creators
- Part III: Terms applicable to Users
- Part IV: General Terms (applicable to both Creators and Users)
Part I – Introduction and Definitions
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.
- “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;
- “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.
- “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.
- “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.
- “User Content” means information including articles, stories, blogposts which created and uploaded by the Creator on ShikshaLokam for the Users.
- “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)
- Access to ShikshaLokam:
As a Creator(s), you may use and access the relevant Services solely to:
- create and upload User Content independently (using his/ her own resources) for and on Shikshalokam;
- create and upload User Content using the functionalities available on ShikshaLokam
in accordance with these Terms;
- Prohibited Uses:
In relation to the use and access of ShikshaLokam, and its content and features, you agree and undertake not to:
- 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;
- upload, transmit, share, modify, update or publish any information or material which constitutes Prohibited Content, anywhere on ShikshaLokam;
- upload, transmit, modify, update, publish or share information which violates any law for the time being in force;
- upload, transmit, update, publish or share information which harms minors in any way;
- 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;
- 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;
- 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.
- Intellectual Property:
- 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.
- 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.
- 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.
- 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)
- Access to ShikshaLokam:
Users may use the relevant Services solely to:
- view and access Shikshalokam and the User Content featured therein;
- 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;
- subscribe to the ShikshaLokam newsletter.
- Prohibited Uses:
In relation to the use and access of ShikshaLokam its content and features, you agree and undertake not to:
- engage in unlawful copying, distribution or resale of User Content or any other material on ShikshaLokam or in any edition of the newsletter;
- violate the privacy of any person;
- access ShikshaLokam in any unauthorized manner, including by hacking or using log in credentials of any other User or Creator;
- use ShikshaLokam for any unauthorized marketing purposes or for sending any unsolicited materials;
- Provide any third parties with access to the Services;
- Re – sell, grant any rights to third parties to the Services, lease, time-share, lend or rent the Services.
- 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.
- 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.
- 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
- 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.
- Access to ShikshaLokam:
- 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.
- You will be solely responsible for your acts on ShikshaLokam including those conducted under the username assigned to you.
- 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.
- 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.
- You will be solely responsible for your acts on ShikshaLokam including those conducted using your User Information.
- 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.
- Permitted Uses:
- You will use ShikshaLokam and any information or products available therein in accordance with these Terms and all applicable laws and regulations.
- Intellectual Property:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- You understand and acknowledge that it is at your own discretion and based on our judgment that you transact on ShikshaLokam.
- 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.
- Advaith Foundation reserves the right to remove any content including User Content on ShikshaLokam.
- 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.
- Price/ Usage fee
The access to ShikshaLokam and your subscription to the newsletter will be free of cost.
- Limitation of Liability
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.
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 email@example.com.
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.
- Force Majeure: in no event shall Advaith Foundation be liable for any acts beyond its control or for any acts of god.
- 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.