Last updated March 16, 2006
Welcome to Hinduism Today Digital Edition! Access to and use of the Hinduism Today Digital Edition Service and related portions of the Hinduism Today website are subject to the following Terms of Service. Please read these Terms of Service (“Terms”) carefully. Creating an account with Hinduism Today or otherwise using or accessing the Hinduism Today Digital Edition Service will signify your acceptance of these Terms and constitute a binding agreement between you and Himalayan Academy (“Agreement”). If you do not agree to these Terms, discontinue use of the Hinduism Today Digital Edition Service immediately. Himalayan Academy’s acceptance is expressly conditioned on your assent to these terms.
1. Description of Service
The Hinduism Today Digital Edition Service is operated by Himalayan Academy (or “We”). The “Hinduism Today Digital Edition Service” (or “Service”) includes related portions of the Hinduism Today website which provide you the capability to subscribe to the Hinduism Today Digital Edition and have digital versions of Hinduism Today magazine delivered to you electronically. Use of the Hinduism Today Digital Edition software is further subject to the Hinduism Today Digital Edition End User License Agreement (Below).
2. Your Account
The Hinduism Today Digital Edition Service is available only to individuals who have registered with Himalayan Academy. You may not provide or use account login information of anyone except a member of your household. You may not give away your account login information for use by anyone outside of your household. You are responsible for maintaining the confidentiality of your account login information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
3. User Conduct
You may only use the Hinduism Today Digital Edition Service for lawful purposes and in accordance with these Terms, any operating rules established by Himalayan Academy and the Hinduism Today Digital Edition End User License Agreement. Hinduism Today Digital Edition End User License Agreement.. Himalayan Academy reserves the right to refuse service or terminate accounts in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms.
4. International Users
The Hinduism Today Digital Edition Service is controlled, operated and administered by Himalayan Academy from its offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Hinduism Today Digital Edition Service or any Publications or other content accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.
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All content included as part of the Hinduism Today Digital Edition Service, such as text, graphics, logos, button icons, images, audio tracks and movies as well as the compilation thereof, and all software used on this site, is the property of Himalayan Academy or its licensors and protected by United States and international copyright laws. You agree to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Himalayan Academy owns the copyright on content original to it including, without limitation, on the magazines and other publications delivered or otherwise made available to you by the Hinduism Today Digital Edition Service (the “Publications”). Except as permitted by Himalayan Academy, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
As a registered subscriber to the Hinduism Today Digital Edition Service, you are permitted to print one (1) copy only of any Publication or a portion thereof obtained through the Service for your personal use or to share with a family member, friend or colleague. Otherwise, except as explicitly permitted under copyright law, you may not modify, reverse engineer, publish, transmit by any means, whether electronic, mechanical, photocopying, printing or otherwise, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the content of the Hinduism Today website, the Publications, or any portion of them without the express permission of Himalayan Academy.
We do not grant you any licenses, express or implied, to the intellectual property of Himalayan Academy or our licensors except as expressly authorized by these Terms or the Hinduism Today Digital Edition End User License Agreement.
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Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-party advertisers in Publications offered by the Hinduism Today Digital Edition Service are those of the respective person, organization or entity and not of Himalayan Academy. Himalayan Academy does not guarantee the accuracy, completeness or usefulness of any third-party advertisement content, nor will we be liable for any loss or damage caused by your reliance on information obtained through the Hinduism Today Digital Edition Service.
The Hinduism Today Digital Edition Service may contain links to other Internet sites and third-party resources. Himalayan Academy does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order with a third-party site.
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YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. HIMALAYAN ACADEMY IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT.
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IN NO EVENT WILL HIMALAYAN ACADEMY OR ITS AFFILILATES, LICENSORS OR AGENTS BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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Either Himalayan Academy or you may terminate this Agreement at any time. Without limiting the foregoing, Himalayan Academy may, in its sole discretion and without liability, terminate your user account, or use of the Service for any reason, including, without limitation, if Himalayan Academy believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and Himalayan Academy may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 4-6 and 8-12 shall survive termination of this Agreement.
These Terms, the Hinduism Today Digital Edition End User License Agreement. and the other rules, guidelines, licenses and disclaimers posted on the Himalayan Academy and Hinduism Today websites constitute the entire agreement between Himalayan Academy and you with respect to your use of the Hinduism Today Digital Edition Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the State of Hawaii, without regard to the conflicts of laws principles thereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13. Notification of Changes
From time to time, Himalayan Academy may revise these Terms to keep them up to date with Himalayan Academy’s products and services. Your access or use of the Hinduism Today Digital Edition Service subsequent to such an update will signify your assent to be bound by such changes.
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Hinduism Today Digital Edition End User License Agreement
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This Agreement does not entitle Licensee to any support, upgrades, patches, enhancements or fixes for the Software (collectively, “Support”). Any such Support for the Software that may be made available by Himalayan Academy shall become part of the Software and subject to this Agreement.
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HIMALAYAN ACADEMY AND ITS LICENSORS PROVIDE THE SOFTWARE AND THE FILES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. HIMALAYAN ACADEMY AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
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THE SOFTWARE AND FILES ARE PROVIDED BY HIMALAYAN ACADEMY FREE OF CHARGE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL HIMALAYAN ACADEMY OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOST SAVINGS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF HIMALAYAN ACADEMY OR ITS LICENSORS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
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This Agreement shall continue until terminated as provided for herein. Licensee may terminate this Agreement at any time. Himalayan Academy may terminate this Agreement immediately if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks and other storage media all copies of the Software and the Files. Sections 2-8 shall survive termination of this Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Himalayan Academy to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Himalayan Academy’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization or change of control) without Himalayan Academy’s consent and any attempt to do so shall be void. Himalayan Academy may assign this Agreement or delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Hawaii law without regard to Hawaii conflict of law provisions. Should any disagreement arise at any time over the meaning of any provision of this Agreement or the obligations of either party to this Agreement, the parties shall first attempt to resolve it by mutual agreement. If such resolution is not possible, any remaining controversy shall be submitted to arbitration, before a single neutral arbitrator, in accordance with the rules of the American Arbitration Association, at Kauai, Hawaii. If such arbitration cannot be held at Kauai, it shall be held at Honolulu, Hawaii. The Software has been built and is distributed in compliance with the Revolution License Agreement and Warranty Disclaimer. Revolution is a trademark of Runtime Revolution Ltd.
Last updated March 17, 2006