Terms & Conditions
These Terms of Service set forth the terms and conditions that apply to your use of IGurudwara’s website located at http://www.IGurudwara.com (or successors URLs) and the services and materials offered thereon (collectively, the “IGurudwara Site”) which are offered to you by IGurudwara (“IGurudwara”). Subject to your compliance with these Terms of Service, IGurudwara grants you permission to use the IGurudwara Site as set forth below.
Please carefully read the following agreement. by registering for, accessing, browsing, and/or otherwise using the IGurudwara site, you acknowledge that you have read, understood and agree to be bound by the following terms of service, including any future modifications (collectively, the “terms”). In an unlikely event if at any time you do not agree to these terms, please immediately terminate your use of the IGurudwara site. However we would like to address your concern and assist you to improve our services please contact us at admin(a)igurudwara.com. We assure you, we will deal with your concern in the best addressable manner for Sikhi and try to resolve the matter as soon as possible.
1. ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD
The IGurudwara Site is not intended for persons under the age of 13 or for any users suspended or removed from the IGurudwara Site by IGurudwara. By using the IGurudwara Site, you represent that you are at least 13 years of age and have not been previously suspended or removed from the IGurudwara Site. If you are older than 13 but younger than 18 years of age (“Minor Child”), you must have parental consent before registering for the IGurudwara Site. If you have agreed to allow your Minor Child to use the IGurudwara Site, you agree that you shall be solely responsible for:
a. the online conduct of such Minor Child;
b. monitoring such Minor Child’s access to and use of the IGurudwara Site; and
c. the consequences of any use of the IGurudwara Site by such Minor Child.
If you are using or opening an account on the IGurudwara Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and that you agree to be bound by these Terms on behalf of such Subscribing Organization.
b) Registered Account
In order to access some features of the IGurudwara Site, you will have to create an account.You represent and warrant that the information you provide to IGurudwara upon registration and, at all other times, will be true, accurate, current and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for logging off of the IGurudwara Site at the end of each session. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, unauthorized disclosure or use of your account ID or password), you shall immediately notify IGurudwara.YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY IGURUDWARA OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
2. USE OF THE SITE- PERMISSIONS AND RESTRICTIONS
a) Site Access
IGurudwara grants you permission to use the IGurudwara Site as set forth in these Terms, provided that and so long as:
i. You use the IGurudwara Site solely for your personal, private, noncommercial use unless otherwise agreed to by IGurudwara;
ii. You do not download, reproduce, redistribute, retransmit, publish, resell, publicly display or otherwise exploit any portion of the IGurudwara Site in any medium without IGurudwara’s prior written authorization or unless expressly permitted in these Terms;
iii. You do not alter or modify any part of the IGurudwara Site other than as may be reasonably necessary to use the IGurudwara Site for its intended purposes;
iv. You do not engage in any of the prohibited uses described below; and
v. You otherwise fully comply with these Terms. You understand that certain portions of the IGurudwara Site may not be accessible to all users, including but not limited to our online community.
vi. You shall post and share all content in the best interest of Sikhi, any person found to be violating or disrespecting the religious views will be barred from Igurudwara use.
b) Ownership; Proprietary Rights
As between the parties, the IGurudwara Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the IGurudwara Site are owned and operated by IGurudwara, its affiliates and/or its licensors. Except as expressly authorized by IGurudwara, you agree not to sell, license, distribute, copy, publicly perform or display, transmit, edit, adapt, modify, create derivative works from, or otherwise make unauthorized use of the IGurudwara Site. IGurudwara reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the IGurudwara Site, except for the limited rights set forth in these Terms. All trademarks, service marks, and trade names are proprietary to IGurudwara, its affiliates and/or its licensors and may not be exploited without the express permission of the owner of such marks or as otherwise authorized under these Terms.
3. User submitted content
The IGurudwara Site provides certain features which enable you and other users to submit, post,share and distribute content with other users, which may include without limitation text, drawings, graphic, audio, video, and pictorial works, or any other content submitted by you and other users through the IGurudwara Site (“Submitted Content”). You understand that all Submitted Content is the sole responsibility of the person from whom such content originated. This means that you, and not IGurudwara, are entirely responsible for all Submitted Content and the consequences of uploading, posting or publishing it on the IGurudwara Site.
4. Right to Remove or Edit User Submissions
IGurudwara reserves the right, in its sole discretion, to refuse to allow any Submitted Content on the IGurudwara Site, or to edit or remove any Submitted Content at any time with or without notice. Without limiting the generality of the preceding sentence, IGurudwara complies with the Digital Millennium Copyright Act, and will remove Submitted Content upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
5. Grant of Rights by You to IGurudwara
By providing Submitted Content to IGurudwara, you hereby grant IGurudwara and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, transferable, perpetual license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your Submitted Content in connection with the IGurudwara Site, including without limitation for promoting and redistributing part or all of the IGurudwara Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant IGurudwara, its affiliates, and sublicenses the right to use the name that you submit in connection with such Submitted Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your Submitted Content. You also hereby grant to each user of the IGurudwara Site a non-exclusive license to access your Submitted Content through the IGurudwara Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Submitted Content as permitted by the functionality of the IGurudwara Site and these Terms. Except for the limited rights set forth in these Terms, each user retains all right, title, and interest in its Submitted Content. Please note the above terms shall comply however Igurudwara shall work in the best interest of Sikhi and its volunteers.
6. Your Representations and Warranties Regarding Submitted Content
In connection with your Submitted Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize IGurudwara to use, all patent, trademark, copyright, or other proprietary rights in and to any and all of your Submitted Content to enable inclusion and use of such Submitted Content in the manner contemplated by IGurudwara and these Terms and (ii) your Submitted Content, IGurudwara’s use of such Submitted Content pursuant to these Terms, and IGurudwara’s exercise of the license rights set forth under these Terms, do not and will not: (a) infringe, violate, or misappropriate any intellectual property or third party proprietary right (including but not limited to any copyright, trademark, patent, trade secret or moral right); (b) slander, defame, libel, or invade the right of privacy, publicity or any other third party right; or (c) violate any applicable law or regulation.
7. Submitted Content Disclaimer
You understand that when using the IGurudwara Site you may be exposed to Submitted Content and other third party content that is inaccurate, offensive, indecent or otherwise objectionable.IGurudwara does not endorse any Submitted Content or any opinion, recommendation or advice expressed therein. Under no circumstances will IGurudwara be liable in any way for or in connection with the Submitted Content, including, but not limited to, liability for any inaccuracies, errors or omissions in any Submitted Content, any intellectual property infringement with regard to any Submitted Content or for any loss or damage of any kind incurred as a result of the use of any Submitted Content.You agree that you must evaluate and bear all risks associated with the use of any Submitted Content, including any reliance on the accuracy, completeness, usefulness, legality of such content or accurate identification of the author (and/ or their affiliation with any third party).
IGurudwara is pleased to hear from users and welcomes your comments regarding IGurudwara’s programs and services. However, IGurudwara’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested.We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by IGurudwara’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If you send comments, suggestions, ideas, feedback, notes or concepts or other materials to IGurudwara (collectively, “Submissions”), they shall be deemed, and shall remain, the property of IGurudwara and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in your Submissions to IGurudwara and disclosure or offer of any Submission shall constitute an assignment to IGurudwara of all worldwide rights, title, and interest in all copyrights and other intellectua property rights in such Submission. IGurudwara may edit, copy, publish, distribute, translate and otherwise use in any medium any Submission that you forward to IGurudwara and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of your Submission. IGurudwara is and shall be under no obligation to: (i) maintain any of your or any user’s Submission in confidence; (ii) to pay to you or any user any compensation for any Submission; or (iii) to respond to any of your or any other user’s Submission.
9. Uses of the Igurudwara site
a) Rules for Use of Site
I. As a condition of your use of the IGurudwara Site, you hereby represent and warrant that you will not use the IGurudwara Site for any purpose that is unlawful or prohibited by these Terms.
II. Any use by you of any of the IGurudwara Site other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the IGurudwara Site, use of the IGurudwara Site, access to the IGurudwara Site or Submitted Content obtained through the IGurudwara Site for any purpose other than for your personal, private, non-commercial purposes.
III. You agree not to: (i) defame, harass, abuse, threaten, stalk or defraud users of the IGurudwara Site; or (ii) collect, or attempt to collect, personal information about users or third parties without their consent.
IV. You agree not to: (i) upload, submit or send to other users of the IGurudwara Site any pornographic, embarrassing, hateful, abusive, threatening, obscene, vulgar, profane, indecent, racially or ethnically insulting, libelous, fraudulent or otherwise inappropriate content; or (ii) engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling, etc.
V. You agree not to intentionally interfere with or damage, impair or disable the operation of the IGurudwara Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
VI. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- elated features of the IGurudwara Site, features that prevent or restrict the use or copying of any part of the IGurudwara Site or features that enforce limitations on the use of the IGurudwara Site. VII. You agree not to attempt to gain unauthorized access to the IGurudwara Site, or any part of it (including the online community), other accounts, computer systems or networks connected to the IGurudwara Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper workings of the IGurudwara Site or any activities conducted through the IGurudwara Site.
VIII. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the IGurudwara Site. You agree neither to modify the IGurudwara Site in any manner or form, nor to use modified versions of the IGurudwara Site,including (without limitation) for the purpose of obtaining unauthorized access to the IGurudwara Site.
IX. You agree that you will not use any robot, spider, scraper or other automated means to access the IGurudwara Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the IGurudwara Site.
X. You agree not to utilize framing techniques to enclose any trademark, logo or other materials on the IGurudwara Site without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing IGurudwara’s name or trademarks without our express written consent.
XI. You agree not to make unsolicited offers, advertisements, proposals or send junk mail or spam to other users of the IGurudwara Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures.
XII. You agree not to: (i) solicit other users to join, become members of, or contribute money to any online service or other organization; (ii) advocate or attempt to get users to join in legal or illegal schemes; (iii) plan or participate in scams involving other users; or (iv) encourage or provide instruction about illegal activities.
XIII. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the IGurudwara Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
XIV. You agree not to modify, adapt, translate or create derivative works based upon the IGurudwara Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
XV. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with another person or entity.
XVI. You agree not to use any material or information available through the IGurudwara Site in connection with any site or other use that contains or is associated with information or content prohibited by these Terms.
10. Your relationship with third parties
(a) Reference Sites and Third-Party Materials
IGurudwara or third parties may provide links to other sites including the content there in (“Reference Sites”) or may provide third-party materials, media, content, software, services or applications on the IGurudwara Site (“Third-Party Materials”). IGurudwara has no control over such Reference Sites or Third-Party Materials, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of such Reference Sites or Third-Party Materials. IGurudwara provides links or Third-Party Materials to you only as a convenience, and the inclusion of any link or Third-Party Materials on the IGurudwara Site does not imply our affiliation, endorsement or adoption thereof. Access and use of Reference Sites and Third-Party Materials, including the information, materials, products, and services on Reference Sites or available through Reference Sites, is solely at your own risk. Our terms and policies do not govern your use of any site other than the IGurudwara Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
11. User Disagreements
You are solely responsible for your involvement with other users of the IGurudwara Site. IGurudwara reserves the right, but has no obligation, to monitor disagreements between you and other users. IGurudwara disclaims all liability related to any user disagreement. If you have a dispute with one or more users, you irrevocably and forever release IGurudwara (and IGurudwara’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(a) By IGurudwara
You agree that IGurudwara, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have through the IGurudwara Site or terminate or restrict your use of the IGurudwara Site, and may remove and discard all or any part of your account or any Submitted Content or any information stored, sent or received via the IGurudwara Site, at any time and without prior notice. You further agree that IGurudwara shall not be liable to you for any such termination. These remedies are in addition to any other remedies IGurudwara may have at law or in equity and termination, suspension or cancellation of these Terms or your access rights shall not affect such remedies. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to IGurudwara and its licensors.
(b) By User
If you are dissatisfied with the IGurudwara Site, please let us know at admin(a)IGurudwara.org.Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the IGurudwara Site; (ii) any term of these Terms; (iii) any policy or practice of IGurudwara in operating the IGurudwara Site; or (iv) any content or information transmitted through the IGurudwara Site is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the IGurudwara Site and providing notice of termination at admin(a)igurudwara.com.
(c) Digital Millennium copyright act
Notice of Infringing Material
It is IGurudwara’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and believe that any Submitted Content infringes upon your copyrights,you may submit a notification to admin(a)igurudwara.com with the following information and we will provide best effort services to remove any copy right content.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the IGurudwara Site are covered by a single notification, a representative list of such works from the IGurudwara Site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IGurudwara to locate the material;
4. Information reasonably sufficient to permit IGurudwara to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.Any other feedback, comments, requests for technical support or other communications should be directed to IGurudwara customer service through admin(a)igurudwara.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
13. Warranty disclaimer
You expressly acknowledge that as used in this section, the term IGurudwara includes IGurudwara’s officers, directors, employees, agents, affiliates, licensors, partners, contractors, suppliers and subcontractors.
b. No Warranties
To the fullest extent permissible pursuant to applicable law, IGurudwara disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of proprietary rights, and warranties implied from a course of performance or dealing. No advice or information, whether oral or written, obtained by you from IGurudwara or through the IGurudwara site, will create any warranty not expressly stated herein.
c. “As is” and “As Available” and “With All Faults”
You expressly agree that your use of the IGurudwara site is at your sole risk. The IGurudwara site, submitted content and any third-party materials made available in conjunction with or through the IGurudwara site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express or implied.
d. Website Operation
IGurudwara does not warrant that the IGurudwara site, submitted content or third-party materials offered on, through or in conjunction with the IGurudwara site or any reference sites will be uninterrupted, free of errors, viruses, or other harmful components, or available for use and does not warrant that any of the foregoing will be corrected.
IGurudwara does not warrant or make any representations regarding the use or the results of the use of the IGurudwara site or any content, software, services or applications made in conjunction with or through the IGurudwara site or any reference sites in terms of correctness, accuracy, reliability, timeliness, completeness or otherwise. You assume all risk of errors and/or omissions in the IGurudwara site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the IGurudwara site, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the IGurudwara site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties.
f. Harm to Your Computer
You understand and agree that you use, access, download or otherwise obtain information, materials or data through the IGurudwara site (including rss feeds) or any reference sites at your own discretion and risk and that you will be solely responsible for any damage, necessary maintenance, repair or correction to your property (including your computer system) or loss of data that results from the download or use of such material or data.
14. Limitation of liability
You expressly acknowledge that as used in this section, the term IGurudwara includes IGurudwara’s officers, directors, employees, agents, affiliates, licensors, partners, contractors, suppliers and subcontractors.
b. Limitation of Liability
Under no circumstances, and under no legal theory, including, but not limited to, negligence, torts or strict liability, shall IGurudwara be liable for any direct, special, indirect, incidental, consequential, punitive or other damages or losses (including without limitation, loss of profits, data or use or cost of cover) arising out of or relating to:
i. These terms;
ii. Your use or a delay or inability to use the IGurudwara site or any reference sites;
iii. Any information, software, products and services advertised in or obtained through the IGurudwara site;
iv. IGurudwara’s removal of any materials or records submitted or posted on its site;
v. The igurudwara site; or
vi. Any other interactions with igurudwara, even if igurudwara or a igurudwara authorized representative has been advised of the possibility of any of the foregoing damages. this waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of or use of any record. You specifically acknowledge and agree that IGurudwara shall not be liable for any defamatory, offensive or illegal conduct of any user of the service.
15. Reference Sites
These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than IGurudwara and received by you through or advertised on the IGurudwara site or received by you through any reference sites.
a. Limitations by Applicable Law
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
b. Basis of the Bargain
You acknowledge and agree that IGurudwara has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and IGurudwara and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and IGurudwara. you acknowledge and agree that IGurudwara would not be able to provide the IGurudwara site to you on an economically reasonable basis without these limitations.
You agree to indemnify and hold harmless IGurudwara, IGurudwara’ s officers, directors, employees, agents, affiliates, licensors, partners, contractors, suppliers and subcontractors from any and all claims, actions, suits, proceedings, losses, obligations, damages, liabilities, costs, debt and expenses (including attorney’s fees) arising out of
i. Your use or misuse of the IGurudwara site;
ii. Your submitted content, including IGurudwara’s use, display or other exercise of its license rights granted herein or otherwise with respect to your submitted content;
iii. Your violation of these terms;
iv. Your violation of the rights of any other person or entity, including claims that any submitted content infringes or violates any third party intellectual property rights;
v. Your breach of the foregoing representations, warranties, and covenants;
vi. Any misrepresentation made by you in connection with your use of the IGurudwara site; and
vii. Any unauthorized use of your account not caused by IGurudwara. IGurudwara reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of IGurudwara. IGurudwara will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
IGurudwara does not control and does not have any obligation to monitor:
i. Submitted Content;
ii. Any content made available by other persons for any purpose; or
iii. The use of the IGurudwara Site by its users. You acknowledge and agree that IGurudwara reserves the right to, and may from time to time, monitor any and all information transmitted or received through the IGurudwara Site for operational and other purposes. If at any time, IGurudwara chooses, in its sole discretion, to monitor the Submitted Content, IGurudwara nonetheless assumes:
a. No responsibility or liability for the Submitted Content or any loss or damage of any kind incurred as a result of the use of such content;
b. No obligation to modify or remove any inappropriate Submitted Content; and
IGurudwara reserves the right, at our sole discretion and at any time without notice, to change, modify, add or remove portions of the Terms or to modify, add or discontinue any aspect, content or feature of the IGurudwara Site (including but not limited to the media, web communities, products or services available therein). IGurudwara may, in its sole discretion, restrict the time of availability of the IGurudwara Site, restrict the availability or scope of the IGurudwara Site for certain platforms and/or restrict the amount of use permitted.The content, products, or services on the IGurudwara Site may be out of date, and IGurudwara makes no commitment to update these materials on the IGurudwara Site. Please check these Terms periodically for changes.Your continued use of the IGurudwara Site after the posting of changes on the IGurudwara Site constitutes your bindingacceptance of such changes.In the event that modifications to the Terms materially alter your rights or obligations hereunder,such modified Terms will become effective upon the earlier of (i) your continued use of the IGurudwara Site with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified Terms on the IGurudwara Site.
IGurudwara may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the IGurudwara Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless IGurudwara is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide IGurudwara with notices only by mail to its address as provided below.
a. Choice of Law; Forum
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the IGurudwara Site shall be filed only in the state or federal courts in and for Melbourne, Victoria except as otherwise agreed by the parties. You hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, without the express written consent of IGurudwara but may be assigned by IGurudwara without restriction. Any assignment attempt in violation of these Terms shall be null and void.
a. Independent Contractor
You agree that no joint venture, partnership, employment, or agency relationship exists between you and IGurudwara as a result of these Terms or use of the IGurudwara Site. You further acknowledge that by transferring Submitted Content or other content to IGurudwara, no confidential, fiduciary, and contractually implied or other relationship is created between you and IGurudwara other than pursuant to these Terms.
No waiver of any provision or any right granted hereunder shall be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
18. Entire Agreement
This is the entire agreement between you and IGurudwara relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by IGurudwara as set forth in these Terms.