HIMALAYAN INSTITUTE WEBSITE SERVICES
Last revised on July 27, 2011
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
DESCRIPTION OF SERVICES
ACCESS AND USE OF THE HIMALAYAN INSTITUTE WEBSITE SERVICES
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by The Himalayan Institute in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the Himalayan Institute. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Himalayan Institute in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player
You may not modify, enhance, remove, interfere with, or otherwise alter in any way, any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Embedding a Video Using the Video Player
You may embed select videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to the Himalayan Institute (in the Himalayan Institute’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. The Himalayan Institute reserves the right to prevent embedding to any website or other location that the Himalayan Institute finds inappropriate or objectionable (as determined by the Himalayan Institute in its sole discretion).
You agree that the Himalayan Institute owns and retains all rights to the Himalayan Institute Website Services. You further agree that the Content you access and view as part of the Himalayan Institute Website Services is owned or controlled by The Himalayan Institute. All Himalayan Institute Website Services and the Content are protected by copyright, trademark, and other intellectual property laws.
In order for us to keep the Himalayan Institute Website Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the Himalayan Institute Website Services for lawful, non-commercial and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Himalayan Institute Website or use the Himalayan Institute Website Services in a way that:
- violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the Content or the Himalayan Institute Website Services that is not authorized by the Himalayan Institute (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to or distribution of the Content or Himalayan Institute Website Services);
- involves accessing the Himalayan Institute Website Services through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Himalayan Institute Website Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Himalayan Institute Website Services, including the Himalayan Institute’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Himalayan Institute Website Services;
- uses the Himalayan Institute Website Services to advertise, promote or assist in any way a competing service either directly or indirectly with the aid and assistance of any third party;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by the Himalayan Institute;
- interferes with any other party’s use and enjoyment of the Himalayan Institute Website Services; or
- attempts to do any of the foregoing.
If you the user are found to have used the Himalayan Institute Website Services to advertise, promote or assist in any way a competing service either directly or with the aid and assistance of any third party then you and the user shall be liable for liquidated damages in the amount of US$1,000,000.00 to the Himalayan Institute. You the user and we the Himalayan Institute agree and acknowledge that calculation of the damages from a breach would be difficult to estimate accurately and that the foregoing dollar amount is a reasonable approximation thereof and is intended as the fair allocation and liquidation of damages and not as a penalty against you the user. You the user and we the Himalayan Institute further acknowledge and agree that such liquidated damages shall be the sole and exclusive recovery to which Himalayan Institute will be entitled and in no event will either party be liable to the other for consequential or special damages.
No Spam/Unsolicited Communications
We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Himalayan Institute Website Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Himalayan Institute Website Services, you acknowledge that you will have caused substantial harm to the Himalayan Institute and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay the Himalayan Institute $50 for each such unsolicited communication you send through the Himalayan Institute Website Services.
In order to participate in certain Himalayan Institute Website Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the Himalayan Institute Website Services with respect to any or all users, at any time without notice. You acknowledge that The Himalayan Institute may do so in The Himalayan Institute’s sole discretion. Upon cancellation, you may be given a prorated or complete refund at the discretion of the Himalayan Institute.
COLLECTION AND USE OF PERSONAL INFORMATION
LINKED WEBSITES AND ADVERTISING
Third Party Websites
The Himalayan Institute is not responsible for the content or practices of any website other than the Himalayan Institute Site, even if it links to the Himalayan Institute Site, and even if the website is operated by a company affiliated or otherwise connected with the Himalayan Institute. By using the Himalayan Institute Website Services, you acknowledge and agree that the Himalayan Institute is not responsible or liable to you for any content or other materials hosted and served from any website other than the Himalayan Institute Site.
The Himalayan Institute takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Himalayan Institute Website Services are between you and the advertiser, and you agree that HI is not liable for any loss or claim that you may have against an advertiser.
Himalayan Institute, Living Tantra, the Himalayan Institute logo, the Living Tantra logo, www.himalayaninstitute.org, www.livingtantra.com, and other Himalayan Institute and Living Tantra marks, graphics, logos, scripts, and sounds are trademarks of The Himalayan Institute. None of the HI trademarks may be copied, downloaded, or otherwise exploited.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE HIMALAYAN INSTITUTE WEBSITE SERVICES, YOU AGREE THAT USE OF THE HIMALAYAN INSTITUTE WEBSITE SERVICES IS AT YOUR OWN RISK. THE HIMALAYAN INSTITUTE WEBSITE SERVICES, INCLUDING THE HIMALAYAN INSTITUTE SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE HIMALAYAN INSTITUTE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE HIMALAYAN INSTITUTE WEBSITE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL THE HIMALAYAN INSTITUTE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “HI PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE HIMALAYAN INSTITUTE WEBSITE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE HIMALAYAN INSTITUTE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE HIMALAYAN INSTITUTE WEBSITE SERVICES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE HIMALAYAN INSTITUTE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE HIMALAYAN INSTITUTE WEBSITE SERVICES. THE HIMALAYAN INSTITUTE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUMES THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Software and the transmission of applicable technical data, if any, in connection with the Himalayan Institute Website Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law
Integration, Amendment, and Severability