Terms and Conditions
1. Terms
By accessing, and/or using the Aniruddha Devotion Sentiencewebsite [www.aniruddha-devotionsentience.com] or the Official mobile Application related to this website(s), maintained by Aphra Commercial Enterprises Pvt Ltd. on behalf of group of Shraddhavan friends of Sadguru Shree Aniruddha, hereinafter called ‘‘Website/Application’, you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations and their compliance as mandated by the relevant Judicial authority as stated in these Terms and Conditions. If you disagree with any of the hereunder mentioned terms and conditions, you are prohibited from using or accessing this ‘Website/Application’. The data, graphics and other intellectual properties contained in this site are secured by relevant copyright and trademark law.
2. License of Use
A) “Aphra Commercial Enterprises Pvt Ltd. ” hereinafter called ACEPL, by way of these Terms and Conditions grants you only a limited license to access and make personal use of the ‘‘Website/Application’”. This licence does not include any permit for the resale and/or commercial use of this ‘‘Website/Application’” or its contents; any collection and use of either product listings, descriptions, or prices; any adapted use of this ‘‘Website/Application’” or its contents; any downloading or copying of account information for the benefit of another seller, advertisements; or any use of data mining, robots, or similar data gathering and extraction tools. This is the just a permit for use of the ‘‘Website/Application’” and not an exchange of title, and so under this permit, you may not:
• modify or copy the content and materials such as but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software in this ‘‘Website/Application’”.
• use the materials for any commercial use, or for any public presentation (business or non-business).
• remove any copyright or other restrictive documentations from the content and materials on the ‘‘Website/Application’”.
or
• transfer the content and materials of the ‘‘Website/Application’” to any other entity and may not even “mirror” the materials on any other server without the express and explicit consent from ACEPL.
B) This ‘‘Website/Application’” [part or whole, including but not limited to any copyrighted material, trademarks, or other proprietary information] may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without express written consent of ACEPL.
C) This permit of use might consequently be terminated if you disregard any of these confinements and may be revoked by ACEPL whenever deemed fit without any prior notice to you. After permit termination or when your viewing permit is terminated, you agree to destroy any downloaded materials of or from the ‘‘Website/Application’” in your ownership whether in electronic or printed form.
We reserve all rights not expressly granted to you.
3.Information and Terms of Usage
A) This ‘‘Website/Application’” is meant to be a combination of static elements as well as a Social Network Platform.
In the ‘‘Website/Application’”, several features have been provided for use without the necessity of a User logging into the ‘‘Website/Application’”.
Logging in with your Gmail Account is only required to create and use your own Account, when using the Networking platform associated with this ‘Website/ Application’ for activities such as but not limited to:
1. Being able upload and share photos, videos, text materials, Audio files, commenting on posts, voting on posts, making connections with other users, sending messages/chats, from any devices such as computers, phone or tablets.
2. Providing a backup of your Account data in case of loss of phone or when you choose to discontinue your existing mobile device and switch to a new one.
We have provided you with a Sign-in form to avail of certain specific features in the ‘‘Website/Application’”. You are solely responsible for properly completing the Sign-in form and submitting it. Although ACEPL intends to keep the sign-in form of the ‘‘Website/Application’” accurate, up-to-date and complete, including the correct functionality of the tool, we cannot guarantee and make no representation regarding the accuracy or currency of this form or its operation as this is a functionality provided by a Third-Party Vendor. Therefore the tool and facilities as regards the Sign-in are provided “AS IS,” and you are solely responsible for usage of this Sign-in form in any manner.
B) The content and materials on the ‘Website/Application’ are provided after doing a detailed study of the said matter with the intention of having essentially accurate information for the user. However, ACEPL makes no guarantees, communicated or suggested about the accuracy, currency, validity and usability of the content provided and thus renounces and nullifies every other warranty, including without impediment, inferred guarantees or states of merchantability, fitnesses the information for a specific reason, or non-encroachment of licensed property or other infringement of rights. The ‘Website/ Application’ also consists of views expressed by individuals of their own free accord under no coercion and are expressly their own views, ACEPL makes to warranties or subscriptions towards the views expressed by the individuals.
C) ACEPL, may make third party information and other content available on or through the ‘Website/Application’ (the “Third Party Content”) as a service to those users interested in this information and we may provide information regarding or access to third party products or services available on or through the ‘‘Website/Application’” (“Third Party Products”) without any prior notice. Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. ACEPL does not control, endorse or adopt the liability of any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that ACEPL is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. The use of such Third Party Content contained therein is solely at the risk of the user.
By signing up for an account, you hereby acknowledge and agree that:
i. You are at least 13 years of age while opening the account with ‘Website/Application’. ‘Website/Application’ shall not be liable in case of false information being given about the age by you, the user and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the law of the country to which the user belongs and as per applicable Indian laws. If you are less than 18 years, you and your legal guardian hereby acknowledge and agree that your natural or appointed guardian has permitted you to sign up and use the Services.
ii. You will create an account solely in your own name and not on behalf of another individual.Furhter, You agree to have the term ‘Shraddhavan’ appended to your name as the prefix.You also agree that ‘sinh’ (for males) or ‘veera’ (for females) will be suffixed to your first name in the display name of your profile in the network.
iii. You will not create more than one account.
iv. You will not impersonate any other existing or fictitious individual. ‘Website/Application’ disclaims all liability arising out of any such impersonation if it were to happen.
v. You will not create separate account/s while your account has been suspended by us or if we have terminated your account.
vi. You must not create accounts with the ‘Website/Application’ through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
vii. You will provide us with accurate, current and complete information about yourself and will keep this information up-to- date at all times. If ACEPL has a reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, ACEPL reserves the right, in its sole and absolute discretion, to suspend or terminate your Account as may be thought necessary.
viii. You will not create an account if you are a convicted sex offender.
ix. You further agree and acknowledge that you are solely responsible for maintaining the confidentiality and safety of your password and/or your account and for restricting access to your account by customising privacy settings. This being an open discussion community your posts will be moderated and only those posts which receive approval shall appear on the site. Your activity of posting the materials grants ACEPL express approval to feature the same on the website even without the need of updating you about the same. You will neither allow anyone else to use your account nor allow anything that might jeopardize the security of your account. For further information, kindly refer to our Privacy Policy.
x. You will not intimidate, abuse, defame, stalk, bully, harass, threaten, impersonate any other user/s and you will not post private or confidential information on the ‘Website/Application’, including, without limitation, your or any other person’s financial information or identification numbers or copies that would lead to infringement or violation of other people’s rights or privacy or anything in violation of law.
xi. You will not instigate, encourage or cause any other user to violate the Terms, Community Guidelines, Privacy Policy and Fair User Policy and other agreement or terms incorporated herein.
xii. You agree to that the security of your account and its password is solely your responsibility and you shall hold the ‘Website/Application’ complete free of any legal responsibility in case of your account being hacked or used illegally by any other user/s / systems. It is advisable to change your password frequently.
xiii. ACEPL reserves right to terminate your account and deny access of ‘Website/Application’ to any person who violates these Terms and/or Privacy Policy and/or Community Guidelines
xiv. In case of your refusal to accept these Terms and/ or Privacy Policy and/ or Community Guidelines you shall stop using ‘Website/Application’ immediately.
4. User Data
In consideration of your use of the ‘‘Website/Application’”, you agree to:
A) Provide accurate, current and complete information about you as may be prompted by the sign-in form on the ‘‘Website/Application’”.(“Input Data”); you will be required to provide your own, personal, accurate and valid mobile number for the purposes of generating an OTP for the sake of logging in for the first time and you agree to provide your own, personal, accurate and valid mobile number again whenever the ‘Website/Application’ prompts you to do so for the sake of keeping our user records updated and relevant and valid.
B) Accept all risks of unauthorized access to the Input Data and any other information you provide to ACEPL.
5. User-Generated Content added to the ‘Website/Application’.
You may view, upload and record any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, other works, applications, links and other content or materials (collectively, “Content”). You agree to not add information that:
1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
2. infringes any patent, copyright or trademark.
3. violates any law of the time being in force.
4. deceives or misleads others.
5. impersonates another person.
6. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, other works, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the ‘Website/Application’.
6. Restrictions
On no occasion should the ACEPL or its suppliers/contractors be made subject for any harms (including, without constraint, harms for loss of information or benefit, or because of business interference) emerging out of the utilization or powerlessness to utilize the materials on the ‘‘Website/Application’”, regardless of the possibility that ACEPL or its representatives has been told orally or in writing of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
7. Copyright, Authors’ Rights And Database Rights
All content included in the ‘‘Website/Application’”, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ACEPL and/or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this ‘‘Website/Application’” is the exclusive property of ACEPL and its affiliates and/or subsidiaries and is protected by laws of India and international copyright and database right laws. All software used on this ‘Website/Application’ is the property of ACEPL , its affiliates or its software suppliers and is protected by India and international copyright and author’ right laws.
8. Copyright of User content:
i. By uploading any photos and/ or comments and/or videos on ‘Website/Application’, you represent and warrant that you own or otherwise control all of the rights of the content that you upload and that it is accurate and that it does not violate these terms or any law for time being in force in India and that it will not cause any inquiry to any person/s or entity. You retain all rights, and are solely responsible for, the content you post on the ‘Website/Application’. You solely are liable for any legal actions taken against content generated by you and shall hold ACEPL and ‘Website/Application’ legally exempt from any prosecution which may arise from any entity as a result of content generated by you.
ii. You grant ‘Website/Application’ and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to moderate, use, host, store, display, reproduce, repost, communicate, publish, modify, create derivative works, perform, and distribute your User Content, when you upload such User Content on ‘Website/Application’.
iii. These Terms shall not restrict other legal rights ‘Website/Application’ may have with regard to the posting of User Content. The ‘Website/Application’ has sole right to moderate, remove or delete the User Content for any reason deemed fit by it. This license continues even if you stop using our Services.
iv. You agree and acknowledge that ‘Website/Application’claims no ownership or control over any Content submitted, posted or displayed by you.
v. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
vi. If you believe that somebody is violating your copyright and you want to notify us, you can immediately write to us at [email protected].
vii. We may remove any of your content if we believe that it may have been infringed upon someone else’s intellectual property rights, and if you wish to provide any explanation in such a situation you can write to us at [email protected].
viii. You agree and accept that ‘Website/Application’ shall not be responsible in case of any of infringement of your copyright or trademark or any other intellectual property right.
I. Other’s Copyright Content:
i. You will not use any material or information, including but not limited to photos or videos, which are uploaded on ‘Website/Application’ by the users in any manner that infringes their copyright, trademark, patent, trade secret.
ii. If you repeatedly infringe other people’s intellectual property rights, we will disable your account, and when appropriate, delete your account permanently.
9. Monitoring and Moderating your Content.
i. The ‘Website/Application’ will try to monitor and moderate any User Content through, but not limited to, such means as bots, moderation services, computer codes and moderator users in order to ensure there is no violation of our Terms, Community Guidelines or Privacy Policy.
ii. If any content posted by you or by any other User on your page on ‘Website/Application’ does not comply with these Terms, Community Guidelines or Privacy Policy or with the Terms of the Information Technology Act, 2000 any act or any other Law for time being in force in India, then ‘Website/Application’ will remove such content at its sole discretion without any intimation to the user.
iii. If ‘Website/Application’ has a reason to believe that the User is a repeat offender, then ‘Website/Application’ may also terminate a User’s access to the Platform.
iv. In the case that the ‘Website/Application’ terminates your access, your data may still be maintained with it for any duration stipulated by the law for the sake of providing law agencies with the wherewithal for taking due legal action as may be deemed necessary. You shall not hold ‘Website/Application’ responsible and/or liable for storing and or removing or deleting such information.
10. Amendments to data.
ACEPL tries to ensure the accuracy of the content in the ‘‘Website/Application’” but does not provide any guarantee to the accuracy, currency, completeness and/or authenticity of the content which may even incorporate typographical or photographic mistakes. ACEPL may roll out improvements and or alterations and changes, including a complete overhaul of the content on the ‘‘Website/Application’” whenever deemed necessary by it, without prior notification to the user.
11. Links
ACEPL may incorporate links to Third-party ‘Website/Application’s either for add-on services or as advertisements. ACEPL makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party ‘Website/Application’s accessible by from the ‘‘Website/Application’”. Such sites are not under the control of ACEPL and ACEPL is not responsible for the contents of any linked site or any link contained in a linked site, or any content, any payment related links, review, changes or updates to such sites. The inclusion of any link to any Third-Party ‘Website/Application’ and/or ‘‘Website/Application’” does not imply affiliation, endorsement or adoption by ACEPL for any of it, nor to any information contained therein. When you leave the ‘‘Website/Application’”, you are deemed to be aware of going out of the purview of the Terms and Conditions. You should review the applicable terms and policies, including privacy and data gathering practices, of any site and/or ‘‘Website/Application’” to which you navigate from the ‘‘Website/Application’”. You are prohibited from placing any link to the Third-Party content on the ‘‘Website/Application’”.
12. While using the ‘Website/Application’
You acknowledge and agree that:
i. You will comply with the Information Technology Act, 2000 or any other law for the time being in force in India and all other local, state, national and international laws, rules and regulations of the country of which you are a citizen and/or country in which you are accessing ‘‘Website/Application’, while uploading any content including but not limited to photos, videos, status’ or comments.
ii. You agree and acknowledge that you shall not promote, engage or encourage any illegal activity, cyber terrorism, Obscenity, pornography, fraud or misrepresentation arising from such content or shall not post any content contrary to India Law or infringement of copyright of ‘‘Website/Application’or any users, invade the privacy of other users, and their publicity rights..
iii. You agree that you will not solicit, collect or use the login credentials and/or personal information of other users.
iv. You agree and acknowledge that you shall not interfere with the operation of ‘‘Website/Application’ or its services or commit any act which will upload or transmit any virus, worms, bugs, trojans or any other harmful content which will descript or damage the functionality of ‘‘Website/Application’ or its software.
v. You must not create or submit unsolicited email, comments, stars or other forms of commercial or harassing communications or spams to any ‘‘Website/Application’ users.
vi. You will not try to mirror the build/data/look of the ‘‘Website/Application’ for any reason especially for falsely associating it to the primary ‘‘Website/Application’.
vii. You will not carry out any espionage activities, such as but not limited to code language or deceptive language. In such cases ‘‘Website/Application’ shall at its sole discretion, intimate to the Cyber Crime Department or other relevant departments as may be necessary.
viii. You agree to take back-up of all your User Content so that you can access and use it when needed. ‘Website/Application’ does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
13. Terms of Modifications of Use Permit and Terms And Conditions
By utilizing this ‘‘Website/Application’” you are consenting to be bound by the then current form of these Terms and Conditions. ACEPL reserves the right to change, partially or completely, modify, alter, expand and/or redact any of the terms and conditions contained in the Terms and Conditions or any policy, guideline, specifications of the ‘‘Website/Application’”, at any time and in its sole discretion without any prior notice to either the user or any other authority. Any such changes, modification, alteration, addition or expansion so made to the Terms and Conditions shall be effective immediately upon posting of the revisions on the ‘‘Website/Application’”, and by accessing the same thereafter, you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the ‘‘Website/Application’” following the posting of changes, alterations, modifications, addition and expansion will confirm your acceptance of such changes or modifications even with or without the explicit re-conformation of the acceptance of the new Terms and Conditions by you. Therefore, it is deemed that you frequently review, understand and accept the Terms and Conditions and applicable policies from time-to-time. If you do not agree to the amended terms, you must stop using the ‘Website/Application’ with immediate effect.
14. Transfer of Data Abroad
If you are visiting ‘Website/Application’ from a country other than the country in which our server is located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting the Platform and communicating electronically with us and by accepting terms and conditions, you consent to such transfers. By accepting these Terms and/or Privacy Policy, you agree to subject the relationship between ‘Website/Application’ and yourself to applicable Indian law and thereby you agree and acknowledge that none of the laws including in respect of contract between ‘Website/Application’ and you, data privacy etc. of the country where you are based or any other country will apply.
15. Indemnity And Release
A) You shall indemnify and hold harmless ACEPL and/or its content providers, affiliates, subsidiaries and their respective officers, proprietors, agents and employees, from any claim or demand, or actions including but not limited to, reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
B) You hereby expressly release ACEPL and/or its content providers, affiliates, subsidiaries and their respective officers, proprietors, agents and employees from any cost, damage, liability and/or other consequence of any of the actions/inactions of the vendors and/or Third-party associates and specifically waiver any claims or demands or disputes, both civil and criminal, that you may have in this behalf under any statute, contract or otherwise.
C) You agree to hold the ‘Website/Application’ completely exempt from prosecution for any acts and disputes arising out of any disputes about, but not limited to,
i. the accuracy, completeness, of content on the ‘Website/Application’
ii. the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the ‘Website/Application’
iii. the services found at the ‘Website/Application’or any sites linked (through hyperlinks, banner advertising or otherwise) to the ‘Website/Application’,
iv. personal injury or property damage of any nature whatsoever,
v. third-party conduct of any nature whatsoever,
vi. any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
vii. any interruption or cessation of services to or from the ‘Website/Application’ or any sites linked (through hyperlinks, banner advertising or otherwise) to the ‘Website/Application’,
viii. any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the ‘Website/Application’ or any sites linked (through hyperlinks, banner advertising or otherwise) to the ‘Website/Application’,
ix. any user content or content that is defamatory, harassing, abusive, harmful to minors or any action taken by minors by the use of the ‘Website/Application’ or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or
x. any loss or damage of any kind incurred as a result of your use of the ‘Website/Application’ or the services found at the ‘Website/Application’, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not ‘Website/Application’ is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms or your use of the ‘Website/Application’.
16. Governing Law
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
