Terms and Conditions
Welcome to londonmandir.baps.org, owned and maintained by BAPS Swaminarayan Sanstha and its affiliate corporations, successors, and assigns (collectively referred to in this document as “BAPS” or the “BAPS network”).
BAPS makes available a variety of products and services through londonmandir.baps.org and its connected subsidiary websites (collectively, the website, its pages and files and all products and services are referred to as the “Products and Services”) subject to these General Terms and Conditions (“Terms and Conditions”). In addition, there are a variety of special products and services offered through the BAPS websites that might have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the BAPS Network that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. BAPS also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the BAPS Network. In addition, the BAPS Network also may offer other services from time to time that are governed by the terms of service of the respective service partners.
Because the Terms and Conditions contain legal obligations, please read them carefully.
Please direct any legal questions to:
BAPS Shri Swaminarayan Mandir
105-119 Brentfield Road
Neasden, London NW10 8LD, UK
Email: [email protected]
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.
- Conditions and Restrictions on Use
- Registration and Privacy
- Responsibility for Minors
- Parental Controls and Child Safety
- Member And User Conduct
- License to User Content
- Purchase of Goods and Services
- Disclaimer of Warranties
- Limitation of Liability
- Disclaimer Regarding Third Party Content
- BAPS Network Images
- Guestbook Disclaimer
- Advertisers and Content Linked to the Lycos Network
- The BAPS Network Logos
- No License; Intellectual Property Rights of Lycos and Others
- Indemnity and Release
- Limitation of Action
- Copyright, Trademark, and Patent Notices
- Arbitration, Governing Law, and Forum for Disputes
- Changes in Terms and Conditions and Changes in Products and Services
- Non-Waiver and Separability
- Relationship of Parties
- No Resale, Assignment, or Sublicensing
- Successors and Assigns
- Termination; Survival
- Communication with Users
- Submissions of Ideas
- Export Controls
- Violation of Terms and Conditions
By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual BAPS Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that BAPS may terminate your access to the BAPS Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by BAPS. Any such termination shall be at BAPS’s sole discretion and may occur without prior notice, or any notice. BAPS further reserves the right to terminate any user’s access to the BAPS Network or to any of the Products and Services for any conduct that BAPS, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to BAPS or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. BAPS further reserves the right to terminate any user’s access to the BAPS Network or to any of the Products and Services for any reason or for no reason at all, in BAPS’s sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.londonmandir.baps.org/ or another of the URLs associated with the BAPS Network.
Be aware that the majority of the BAPS Network is for general audiences, although there may be certain areas on the BAPS Network that there may be (mainly commerce-related) areas of the BAPS Network not open to persons under 18 years of age.
BAPS does not discriminate on the basis of age, gender, race, religion, ethnicity, nationality, or any other protected status.
3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various BAPS Network registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BAPS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BAPS has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorised a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. BAPS endeavours to make the websites, products and services suitable for all ages. However, by accepting these Terms and Conditions, you accept full responsibility for controlling the minor’s access and use of the Products and Services.
5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children’s access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available.
To review our Notice Regarding the Privacy of Children Under 13 While on the BAPS Network, click here. This notice conforms to the Children’s Online Privacy Protection Act, USA (‘COPPA’).
6. MEMBER AND USER CONDUCT
Certain sections or Products and Services may require you to register. Upon registering, you will receive a password and BAPS Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify BAPS of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The BAPS Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the BAPS Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The BAPS Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the BAPS Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. BAPS reserves the right to screen any content on the BAPS Network. BAPS does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. BAPS reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by BAPS.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
You agree that you will not use BAPS Network Products and Services to:
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- Make any sexual request on behalf of a minor or make any sexual request of a minor.
- “Stalk” or otherwise harass another.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a BAPS Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the BAPS Network.
- Use automated means, including additional computers, software and scripts, to enhance play in BAPS Network programs, games and promotions.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any BAPS Network database.
- Conduct your own contests and promotions, unless expressly authorised by email from BAPS.
- Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game not hosted by BAPS.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any BAPS database, including, without limitation, by incorporating data from any BAPS database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Sell, distribute, or make any commercial use of data obtained from any BAPS database or make any other use of data from any BAPS database in a manner which could be expected to offend the person for whom the data is relevant.
- Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.
- Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities or products.
- Upload, post, email, otherwise transmit, or post links to any material that is false, or misleading.
- Disobey any BAPS employee or representative or interfere with any action by any BAPS employee or representative to redress any violation of these Terms and Conditions.
- Access the Products and Services after your account or access has been terminated by BAPS.
- Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the BAPS Network community or the spirit of these Terms and Conditions.
- Advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
You acknowledge and agree that the BAPS Network and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation BAPS and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by BAPS, in its sole discretion. BAPS may also terminate access to, or membership in, the BAPS Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the BAPS Network, including without limitation, information posted on message boards or in the Guest Book.
BAPS also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
7. LICENSE TO USER CONTENT
With respect to any Content posted by, emailed to or sent in connection with the Products and Services, you grant BAPS a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the BAPS Network. Such license shall apply with respect to any form, media, or technology now known or later developed.
BAPS reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including guest book postings and email) by you, or to restrict, suspend, or terminate your access to all or any part of the BAPS Network, at any time, for any or no reason, with or without prior notice, and without liability.
8. PURCHASE OF GOODS AND SERVICES
Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
As with all other aspects of the Products and Services, by using BAPS Network, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of BAPS Network, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of the BAPS Network or purchases from the BAPS Network.
Please read the entire Terms and Conditions as all Lycos Network properties, Products and Services are subject to these Terms and Conditions.
9. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BAPS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BAPS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. BAPS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAPS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. BAPS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BAPS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BAPS MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY BAPS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BAPS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BAPS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BAPS NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE BAPS NETWORK.
UNDER NO CIRCUMSTANCES SHALL BAPS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
11. DISCLAIMER REGARDING THIRD PARTY CONTENT
The BAPS Network may offer access to numerous third party web pages and content available over the Internet. Neither the BAPS Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the BAPS Network web sites or in any web page hosted for a third party within the BAPS Network.
Some features of the BAPS Network may store information on behalf of users. Examples include, but are not limited to, email messages, web pages, calendar functions, and postings. BAPS reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.
13. BAPS NETWORK IMAGES
LIMITED LICENSE: Use of images from the BAPS Network, excluding the BAPS and other logos and trademarks, indicates your acceptance of the following terms and conditions and the BAPS Network Terms and Conditions. The images made available through the BAPS Network are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use. You may use it for scholarship or research or teaching purposes (including multiple copies) only after written permission from BAPS. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither BAPS nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the BAPS Network.
14. GUESTBOOK DISCLAIMER
The BAPS Network makes available Guestbooks or similar forums for expression of comments or views by the visitors or others. Though BAPS exercises reasonable care and holds the right to edit, delete or alter any entries once submitted to the BAPS Network, BAPS does not take responsibility for the reliability, accuracy, and truthfulness of any such content. The content of Guestbooks and similar forums has been submitted by third parties which are outside the control of BAPS and should be taken as such. BAPS does not take responsibility for any comments, assertions or websites mentioned in the Guestbook or similar sections or forums.
15. ADVERTISERS AND CONTENT LINKED TO THE BAPS NETWORK
BAPS may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the BAPS Network to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. BAPS has no control over such sites and resources. You acknowledge and agree that BAPS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BAPS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BAPS Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BAPS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
BAPS encourages you to exercise discretion while using the Products and Services to browse the Internet. BAPS shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites linked to the BAPS Network web sites or advertised or provided to the BAPS Network by third parties.
16. THE BAPS NETWORK LOGOS
a. Linking to the BAPS Network: The Lycos Network offers a non-assignable, non-transferable, and non-exclusive license to link to the BAPS Network’ web sites, using the BAPS Network logos and search boxes, subject to the following provisions. The BAPS Network logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the BAPS Network and allowing users of your site to access the Products and Services on the BAPS Network. The BAPS Network logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the BAPS Network. The BAPS Network logos may not be used without the express written permission of BAPS. BAPS reserves the right to take action against any unauthorised use of the BAPS logo.
b. Permissions: If you would like permission to use any BAPS trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please email BAPS at [email protected], specifying from which Product or Service you would like to use information. BAPS will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that BAPS grants permission only on a per-item, per-project basis.
Your request will be processed once we receive your completed Permission Form.
17. NO LICENSE; INTELLECTUAL PROPERTY OF BAPS AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the BAPS Network’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that the Content available through and used to operate the BAPS Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of BAPS and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by BAPS in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by BAPS, any of BAPS’s affiliates, or any of BAPS’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the BAPS Network of any purpose other than the purpose for which such Content is made available to users by BAPS. You agree not to defame or disparage BAPS, the trademarks or service marks of BAPS, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the BAPS Network.
18. INDEMNITY AND RELEASE
By using the BAPS Network web sites you agree to indemnify BAPS Swaminarayan Sanstha, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the BAPS Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to BAPS or from any person’s use of any account or password you maintain with any portion of the BAPS Network, regardless of whether such use is authorised by you. By using the BAPS Network, using the Products and Services, or submitting any ideas and/or related materials to BAPS, you are hereby agreeing to release BAPS and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to BAPS. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
19. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the BAPS Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
20. COPYRIGHT, TRADEMARK, AND PATENT NOTICE
Any use of any of the marks appearing throughout the Products and Services without the express written consent of BAPS or the owner of the mark, as appropriate, is strictly prohibited.
21. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New Jersey applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Middlesex County, New Jersey, and judgment on the arbitration award may be entered into in any state or federal court in New Jersey having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in New Jersey having jurisdiction thereof. Except as set forth above, the state and federal courts of New Jersey shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in New Jersey with respect to all such disputes.
22. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
The BAPS Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The BAPS Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between BAPS’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual BAPS Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
24. NON-WAIVER AND SEPARABILITY
BAPS’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
25. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and BAPS are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
26. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorisation of BAPS.
27. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
28. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by BAPS. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
29. COMMUNICATIONS WITH USERS
You consent to receive communications from BAPS concerning your use of the Products and Services (“Communications”). The Communications may be those that BAPS is required to send to you by law concerning the Products and Services (“Required Communications”). The Communications may also be those that BAPS sends to you for other reasons. You consent to receive Communications electronically. BAPS may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the BAPS Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which BAPS sends Communications by visiting your account information page.
You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Lycos reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.
In order to receive Required Communications, you must provide BAPS, upon registration with the BAPS Network, a valid email address to which BAPS may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. BAPS will provide notice of any changes to these requirements.
30. SUBMISSIONS OF IDEAS
The BAPS Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the BAPS Network, we would like to hear them — but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO BAPS BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO BAPS, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO BAPS THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT BAPS IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY BAPS, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
31. EXPORT CONTROLS
Certain software, and related documentation or technical information, available through the BAPS Network is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce’s Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
32. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of BAPS and the BAPS Network, BAPS reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the BAPS Network web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
BAPS Shri Swaminarayan Mandir
105-119 Brentfield Road
Neasden, London NW10 8LD, UK
Email: [email protected]
Please read the entire Terms and Conditions, as all BAPS Network properties, Products and Services are offered subject to these Terms and Conditions.
We hope your enjoyment of BAPS’s Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the BAPS community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.
Last updated 27 July 2008