Terms of Services
TERMS AND CONDITIONS OF USEWelcome to NIRMALAVIDYA.ORG (the "Site"). Nirmal Vidya LLC ("NV"), owner of the Site, provides services to you subject to the following Terms and Conditions of Use ("Terms and Conditions"). Please read these Terms and Conditions before using the Site. The Terms and Conditions constitute a binding agreement between you and NV (also referred to as "we," "us," and "our"). By using the Site or using the services provided therein, you agree to be bound by these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the Site or any of the services provided on the Site. Users who violate these terms may have their access and use of the Site suspended or terminated, at the sole discretion of NV.
These Terms and Conditions are effective as of May 1, 2012. NV may modify these Terms and Conditions or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms and Conditions or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review these Terms and Conditions periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms and Conditions in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms and Conditions are reasonable. You may not modify these Terms and Conditions or any of the policies or guidelines governing the Site without NV's express prior written consent.
NIRMALAVIDYA.ORG is a site for yoga practitioners, followers and admirers to access the teachings of HH Shri Mataji Nirmala Devi ("Shri Mataji"), the founder of Sahaja Yoga. The Site offers you the ability to view and stream online content, including audio and video files featuring Shri Mataji, without any cost to you. The Site also provides you the ability to contribute donations to the ongoing maintenance of the Site and preservations of the teachings of Shri Mataji.
Use of the Site
You agree that your use of the Site and the services provided therein will be in compliance with all applicable laws and regulations, and that you will not use, or knowingly allow any other person to use, the Site or the services provided therein for or in connection with, any illegal purpose or activity.
Copyrights, Trademarks and Other Intellectual Property
The copyright in this website and the materials on this website (including without limitation the text, computer code, artwork, photographs, graphics, illustrations, icons, images, music, audio material, video material and audio-visual material on this website) (collectively, the "Protected Content") is owned by NV, its licensors, including Nirmal Intellectual Property Corporation ("NIPC"), and other third parties. The Protected Content is protected by copyright and other intellectual property laws of the United States and other jurisdictions.
Trademarks, logos and service marks displayed on this Site are registered and unregistered marks of NV, NIPC and other third parties and are the property of NV, NIPC and such third parties. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without prior written permission by the appropriate owner.
You hereby agree to (i) use the Protected Content on the Site for personal, noncommercial use only; (ii) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices that appear on the Site, and refrain from modifying or deleting any such copyright notices, trademark legends, author attributions, or other proprietary notices; and (iii) make no modifications to the Protected Content contained on the Site.
Except for allowing individuals to access the Protected Content on the Site for personal, noncommercial use, users of the Site are not granted a license or any other rights from NV, NIPC or any other third party. You acknowledge that you do not acquire any right, title or interest in the Protected Content as a result of viewing, streaming, downloading, or otherwise accessing any of the Protected Content from the Site pursuant to these Terms and Conditions. You agree that all right, title and interest in and to the Protected Content and all parts and any copies thereof and intellectual property rights therein including, but not limited to, any and all derivative works thereof, are and shall remain the sole and exclusive property of NV, NIPC and any appropriate third parties, all rights reserved.
Prohibited Uses of Protected Content
Except as expressly set forth herein, you represent, warrant and covenant that that you will not (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, circulate, post, upload, distribute, or otherwise exploit the Protected Content, or any portion thereof, (a) in violation of any applicable law or regulation, or (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of NIPC, NV or any third party or violate the privacy, publicity or other personal rights of others; (ii) disassemble, decompile, or reverse engineer the Site or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Protected Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Site's or the Protected Content's control or security systems, nor allow or assist a third party to do so; or (iv) use the Protected Content in a manner that disparages the Site, the Protected Content, NIPC, NV, or any third party or in any manner that NV may, in its sole discretion, deem inappropriate.
Any violation of the above covenants may immediately be prosecuted by NIPC, NV or the appropriate third party in any court of competent jurisdiction.
Notice of Infringement
If you believe that your work has been copied in a way that constitutes infringement on our web site, please provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a complete description of where the material that you claim is infringing is located on the site;
- an address, telephone number, and email address of the complaining party;
- a statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Third Party Links
The Site may contain links to web sites of, and advertisements for, third parties. We are not responsible or liable for any off-site web pages accessible from or linked to the Site or any information contained therein. Links to off-site web pages should not be construed as third party endorsement, sponsorship or affiliation of, with or by NV. Any opinions or recommendations expressed in any third party sites should not be construed as the opinions, recommendations or views of NV.
Streaming of Protected Content
The Site allows you the ability to view and stream the Protected Content subject to these Terms and Conditions (the "Streaming Service"), without any cost to you, to your PC, laptop, television, iPhone, Android phone, DVD player, Blu Ray player, media center or other authorized device capable of receiving it (a "Device"). You are not permitted to download any of the Protected Content.
The quality of the display for streaming of the Protected Content may vary from Device to Device, and may be affected by a variety of factors, such as the bandwidth available through and/or speed of your internet connection. NV makes no representations about the quality of your streaming display of the Protected Content.
You acknowledge that due to requirements or requests from content providers, or due to technical limitations, or for any reason in NV's sole and absolute discretion, and without prior notice to you, some or all of the Protected Content may not be viewed, or may cease being viewable, on the Site at all or on some or all Devices.
Your ability to use the Streaming Service and watch the Protected Content on the Site will depend on you having the necessary equipment, systems and connectivity. Before you stream any of the Protected Content, you must ensure that you have all necessary equipment, systems and connectivity to stream and watch the Protected Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to stream and watch the Protected Content.
You acknowledge that the availability of the Streaming Service may be affected by internet traffic congestion or by other network, ISP, electronic, computer or other communication problems or failures and that NV is not responsible for the failure of any of the Streaming Service to stream or to continue streaming the Protected Content due to any such congestion, problem or failure.
Donations to the Site
You have the option of making a voluntary donation to NV through hyperlinks on the Site to third party sites. In the event you elect to make a donation to NV, you agree that: (i) you will not use an invalid or unauthorized credit card to make a donation; (ii) all donations are made as unrestricted gifts and may not be specified for any particular purpose; and (iii) all donations are final and non-refundable.
Usernames, Passwords and Security
In order to access the Site, you must become a subscriber of the Site ("Subscriber") by selecting a username (the "Service Username") and providing certain personal information, including but not limited to your first and last name, your e-mail address and geographic location . Upon registration, a password (the "Service Password") will be e-mailed to you. You are solely responsible for any use of or action taken under your Service Username and Service Password on the Site. Your Service Username and Service Password may be used only to electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Site in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your Service Username and Service Password, and you hereby agree not to disclose your Service Username and Service Password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release NV from any and all liability concerning such transactions or activity. You agree to notify NV immediately of any actual or suspected loss, theft or unauthorized use of your account, Service Username or Service Password. NV has no obligation to inquire as to the authority or propriety of any use of or action taken under your Service Username or Service Password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. NV will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
Access and Use of the Site by Minors
The Site is not intended for access and use by persons under the age of 13 ("Minors"). By becoming a Subscriber and accessing and using the Site, you warrant and represent that you are NOT a Minor.
NV reserves the right to reject your request for a subscription or suspend or terminate your Subscriber account and/or access to and use of all or any portion of the Site at any time and for any reason, in its sole discretion. These Terms and Conditions will continue to apply to your past use of the Site in the form in which it then existed at the time of the subject use. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to NV.
You release and waive all claims against NV, its respective parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of your use of the Site, the Protected Content, and all services provided therein, including the Streaming Service.
You agree to indemnify, defend and hold harmless NV, its affiliates, directors, officers, employees, agents, affiliates and partners from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Site and/or any of the Protected Content accessed or streamed through the Site; (ii) your breach of these Terms and Conditions or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of these Terms and Conditions.
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. NV reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with NV in the defense of such matter.
Any disputes arising out of or relating to these Terms and Conditions or use of the Site shall be resolved in accordance with the laws of the State of New York, without regard to its conflict of law rules. You hereby consent to the exclusive jurisdiction of the Southern District of New York or any New York State court located in the Borough of Manhattan, New York in all disputes arising from or relating to these Terms and Conditions of Use or your access to or use of the Site. NV makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Nothing in these Terms and Conditions of Use shall constitute or create a joint venture, partnership, or any other similar arrangement between you and NV. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms and Conditions.
These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. NV may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations hereunder.
Notice to Nirmal Vidya LLC
Disclaimer of Warranties
THE SITE, AND THE CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS. NV DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, ANY INFORMATION PROVIDED ON THE SITE OR ANY INFORMATION THAT IS AVAILABLE THROUGH THE SITE. NV DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES OR ANY ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY.
If you ACCESS, VIEW, STREAM OR download any CONTENT from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the USE of any such CONTENT. BY USING THIS SITE, YOU ACKNOWLEDGE THAT NV IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM USE OF THE SITE OR EMAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. No advice or information whether oral or written, obtained by You from NV or through or from the Site shall create any warranty of any kind.
TO THE FULLEST EXTENT ALLOWED BY LAW, NV AND ITS REPRESENTATIVES DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, LEGALITY OR OPERABILITY OF THE SITE OR CONTENT CONTAINED THEREIN.
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 ALLOWED BY LAW.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NV NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, MULTIPLE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND/OR CONTENT OR SERVICES AVAILABLE ON THE SITE, OR FROM ANY ACTIONS THAT NV TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO NV OR THE DELAY OR INABILITY TO USE THE SITE OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE, OR NV'S REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON ITS SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NV, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION ON-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER NV NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTE WITH NV IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND NV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL NV, ANY INFORMATION PROVIDER OR ANY OTHER PROVIDER OF SERVICES, DATA AND/OR INFORMATION FOR NV BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND EVEN IF NV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge and agree that any violation of these Terms and Conditions relating to the unauthorized disclosure, use, reproduction, copying, distribution, display, publishing or other exploitation of the Protected Content may result in irreparable injury and damage to NIPC and NV that may not be adequately compensable in money damages, and for which NIPC and NV will have no adequate remedy at law. You, therefore, consent and agree that NIPC and NV may obtain injunctions, orders or other equitable relief as may be reasonably necessary to ensure compliance with these Terms and Conditions. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief.
Void Where Prohibited
We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the United States. If any content on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
NV reserves the right to limit, in its sole discretion, the provision of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
No failure of NV to enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.
If any portion of any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
Headings used in these Terms and Conditions are for convenience only and have no legal or contractual significance.
These Terms and Conditions constitute a binding agreement between you and NV and are accepted by you upon your use of the Site.