Krishna.com Terms and Conditions of Use Back to Krishna.com...
Welcome to Krishna.com. Krishna.com and its affiliates provide their services
to you subject to the following terms and conditions. If you visit or shop at
Krishna.com, you accept these terms and conditions. Please read them carefully.
Krishna.com (alternate spelling: Krsna.com) is the online information, reference
and knowledge website (hereafter referred to as "Site") operated by
the Bhaktivedanta Book Trust International, Inc. (hereafter referred to as "BBTI"),
consisting of information, services, proprietary content, links, search capabilities
and other internet resources provided by the BBTI, affiliates of the BBTI, and
third parties. The BBTI reserves the right to change, modify, add or remove
portions of these Terms and Conditions of Use at any time. Please check this
page periodically for any modifications. Your continued use of this Site following
the posting of any changes will mean that you have accepted the changes.
Copyright and Trademark Protection
The Site layout, "look and feel," functionalities, design, text, images,
graphics, video and audio content or clips, digital downloads, data compilations,
and software, page headers, button icons, scripts, and service names are trademarks
or trade dress of Krishna.com or its subsidiaries ("Materials") and
are the property of the BBTI, its affiliated companies or licensors, and are
protected by international copyright and trademark laws. The compilation of
all content on this Site is the exclusive property of Krishna.com and protected
by U.S. and international copyright laws. All software used on this Site is
the property of Krishna.com or its software suppliers and protected by United
States and international copyright laws.
You may not publish, copy, display, distribute, transmit, perform, modify, create
derivative works from, or sell any Materials, information, products or services
obtained from this Site, except as otherwise expressly permitted under applicable
law or as described in these Terms and Conditions of Use.
Use and Downloading Materials
Krishna.com grants you a limited license to access and make personal use of
this Site and not to download (other than page caching) or modify any portion
of it, except with express written consent of Krishna.com. You may print or
download Materials on the Site for your personal, non-commercial use, provided
you keep intact all copyright and other proprietary notices. You may not engage
in systematic retrieval of data or other Materials from this Site to create
or compile, directly or indirectly, a collection, compilation, database or directory
without express written permission from the BBTI. Nor may you mirror on your
own site the home page or results pages of this Site. Use of the Materials on
this Site for any purpose not expressly permitted in these Terms and Conditions
of Use is prohibited.
If you (or a legal entity you control) own and operate a website or engage in
other Internet activity, such as electronic commerce, communication, publishing
and transmission, and want to download, post, publish or use Materials for any
such website or Internet activity, you need express written permission from
the BBTI, even though your website or Internet activity is free of charge. Unless
you are a student, or your use of the Materials is short-term and minimal, your
use of the Materials may be subject to copyright and other legal restrictions.
Any unauthorized use terminates the permission or license granted by Krishna.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink
to the home page of Krishna.com so long as the link does not portray Krishna.com,
its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive manner. You may not use any Krishna.com logo or other
proprietary graphic or trademark as part of the link without express written
permission from BBTI.
Requests regarding the use of the Materials for any purpose other than educational,
personal and occasional and minimal non-commercial use should be directed to:
Bhaktivedanta Book Trust International, Inc.
E-mail: legal@bbti.org
1-800-927-4152 (toll free in the USA)
+1 (310) 837-5283
fax: +1 (310) 837-1056
Gaudacandra Dasa
Rights and Permissions
Bhaktivedanta Book Trust International, Inc
3764 Watseka Avenue
Los Angeles, CA 90034
USA
Services
BBTI, through its website and both www.krsna.com and www.krishna.com (the "Site"), provides computing and information services to those persons ("Users") who utilize its Services. For purposes of this Agreement, "Services" are defined as any and all services provided by BBTI to you either now or in the future. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
Denial of Access, Use, or Service
BBTI reserves the right to deny access, use or service on Krishna.com to any User, for any reason whatsoever, at its sole discretion.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. Krishna.com does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you are under 18, you
may use Krishna.com only with involvement of a parent or guardian. Krishna.com
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders at their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. Krishna.com reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Krishna.com and its affiliates a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Krishna.com and its affiliates
and sublicensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify Krishna.com,
BBTI, or its affiliates for all claims resulting from content you supply. Krishna.com
has the right, but not the obligation, to monitor and edit or remove any activity
or content on its Site. Krishna.com takes no responsibility and assumes no liability
for any content posted by you or any third party.
Communications by Other Users
The BBTI does not represent or guarantee the truthfulness, accuracy, or reliability
of any communications posted by other users, nor endorse any opinions expressed
by users. You acknowledge that any reliance on material posted by other users
will be at your own risk.
The BBTI does not screen communications in advance and is not responsible for
screening or monitoring material posted by users. If notified by a user of communication
which allegedly does not conform to these Terms and Conditions of Use, the BBTI
may investigate the allegation and determine in good faith and at its sole discretion
whether to remove or request the removal of such communication. The BBTI has
no liability or responsibility to users for performance or non-performance of
such activities. The BBTI reserves the right to expel users and prevent their
further access to Krishna.com or any affiliate of the BBTI, for violating these
Terms and Conditions of Use or the law.
News Items
Publishers of news items do not generally obtain releases from subjects, individuals,
groups or entities that are shown in their photographs or graphics or quoted
in their texts. Also, no clearance is obtained from the owners of trademarks
or copyrighted materials whose marks or materials are included in news items.
Therefore, you will be solely responsible for obtaining any and all necessary
releases if you use news items that you find on this Site. Neither the BBTI
nor any other publisher or news service will be liable for any delays, inaccuracies,
errors or omissions in any news material or in the transmission or delivery
of all or any part thereof or for any damages arising from any of the foregoing.
Linking, Framing and Third Party Sites
The Site provides links to other World Wide Web sites or resources. Hyperlinks
to other Internet resources are provided for your convenience. The editors of
the BBTI have selected these resources as having some value and pertinence,
but the development and maintenance of such third-party sites are not under
the direction of the BBTI. Thus, the content, accuracy, opinions expressed,
and other links provided by these resources are neither verified by the BBTI
editors nor endorsed by the BBTI.
Because the BBTI has no control over such sites and resources, you acknowledge
and agree that the BBTI is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from
such sites or resources and shall not be liable, directly or indirectly, for
any damage or loss caused by the use of any such content, product or materials.
Any linking to third-party sites shall be at your own risk and expense and shall
not be construed as an endorsement by or implication of any affiliation with
the BBTI, unless such linking is authorized by the BBTI. The BBTI reserves the
right to object to or have removed any link that is determined by the BBTI in
its sole judgment to be inappropriate, inconsistent with the Site's image and
reputation or otherwise creates an undue burden on the Site or on the BBTI.
The BBTI's consent must be obtained in writing before framing, deep-linking
or other activity impacting the access to or the use of our Site. Failure to
obtain such consent may result in an infringement claim or other legal action
being brought.
Compliance with Laws; Junk Mail and Spam
Use of the Services is subject to all applicable local, state, national and
international laws and regulations (including without limitation those governing
account collection, export control, consumer protection, unfair competition,
anti-discrimination or false advertising). Each User agrees: (1) to comply with
United States law regarding the transmission of technical data exported from
the United States through the Services; (2) not to use the Services for illegal
purposes; (3) not to interfere or disrupt networks connected to the Services;
(4) to comply with all regulations, policies and procedures of networks connected
to the Services; (5) not to use the Services to infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; and (6) not to transmit through the Services any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. Each User further agrees not to transmit any
material that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state, national
or international law or regulation. Each User agrees not to use the Services
for chain letters, junk mail, spamming or any use of distribution lists to any
person who has not given specific permission to be included in such a process,
and further agrees not to attempt to gain unauthorized access to other computer
systems. You shall not interfere with another Customer's use and enjoyment of
the Services. Krishna.com email accounts, fowarding addressess or alises may
not be utilized as return addresses for commercial email solicitations, advertising,
offensive or illegal communications, communications which infringe intellectual
property rights, or communications which harass, intimidate or otherwise violate
the rights of others. BBTI reserves the right to terminate the Krishna.com email
account of any person who violates this policy.
Risk of Loss
All items purchased from Krishna.com are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
Product Descriptions
Krishna.com and its affiliates attempt to be as accurate as possible in describing
items or products on our Site. However, Krishna.com does not warrant that product
descriptions or other content of this Site is accurate, complete, reliable,
current, or error-free. If a product offered by Krishna.com itself is not as
described, your sole remedy is to return it in unused condition.
Modification of Services
BBTI reserves the right to modify or discontinue any of the Services with
or without notice. BBTI shall not be liable to you or any third party should
BBTI exercise its right to modify or discontinue the Services.
Termination
Either you or BBTI may terminate your account at any time, with or without cause,
upon notice. Any notice by you to BBTI concerning termination or cancellation
of your account shall be in accordance with any procedures that may be established
by BBTI from time to time in its sole discretion. BBTI also reserves the right
to terminate or suspend your account without prior notice, provided that BBTI
will attempt to confirm such termination or suspension by subsequent notice.
Disclaimer of Warranties
Neither the BBTI, its affiliates, nor any third-party content providers or licensors
makes any warranty whatsoever, including without limitation: that the operation
of Krishna.com Site or any other site or content offered on the Internet by
BBTI will be uninterrupted or error-free; that defects will be corrected; that
this Site, including the server that makes it available, is free of viruses
or other harmful components; as to the results that may be obtained from use
of the materials on the Site; or as to the accuracy, reliability, availability,
suitability, quality, or operation of any information, software, or service
provided on or accessible from the Site.
KRISHNA.COM AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM
THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND
(EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH THE BBTI DISCLAIMS TO THE FULLEST
EXTENT PERMITTED BY LAW. YOUR USE OF KRISHNA.COM IS AT YOUR SOLE RISK. NEITHER
BBTI NOR ANY OF ITS EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR FREE AND NEITHER BBTI NOR ANY OF ITS LICENSEES OR SERVICE PROVIDERS
SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY,
FOR ANY COMMUNICATIONS DIFFICULTIES WHICH COULD LEAD TO THE INTERRUPTION AND
OR DELIVERY OF ANY OF THE SERVICES.
Limitation of Liability
IN NO EVENT SHALL THE BBTI, ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE
OR NONPERFORMANCE OF THIS SITE, EVEN IF THE BBTI WAS PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN
CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Indemnification
You agree to indemnify the BBTI, its directors, officers, shareholders, parents,
subsidiaries, affiliates, agents and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from your violation of these Terms of Use.
Governing Law
These Terms of Use are governed by the laws of the United States and the State
of California, without giving effect to any principles of conflicts of laws.
Disputes
Any dispute relating in any way to your visit to Krishna.com or to products
you purchase through Krishna.com shall be submitted to confidential arbitration
in Los Angeles, California, except that, to the extent you have in any manner
violated or threatened to violate Krishna.com's intellectual property rights,
Krishna.com may seek injunctive or other appropriate relief in any state or
federal court in the state of California, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on this Site. These policies also govern
your visit to Krishna.com. We reserve the right to make changes to our Site,
policies, and these Terms and Conditions of Use at any time. If any of these
Terms or Conditions shall be deemed invalid, void, or for any reason unenforceable,
that Term or Condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining Terms or Conditions.
Copyrights
All contents of this Site are Copyright ©2002-2004 the Bhaktivedanta Book
Trust International, Inc. All rights reserved. Photographs, illustrations, software
or other "Materials" are sometimes separately copyrighted by their
respective owners, as noted in the credits.
Trademarks
Krishna.com, Krsna.com, VirtualSeva.com, TheKrishnaStore.com, BackToGodhead.com,
BBTI.org, and other marks that appear throughout this Site belong to the BBTI,
its affiliates or third party trademark owners. Except as permitted by applicable
laws, you are prohibited from using any of the marks appearing on this Site
without express written permission from the respective trademark owners.
Copyright Infringement Claims
If you believe that any copyright infringement exists on this Site, or any site
with a hyperlink to this Site, please use the following process to notify the
BBTI. All claims of copyright infringement should be in writing and should be
directed to our designated agent below:
Bhaktivedanta Book Trust International, Inc.
E-mail: legal@bbti.org
1-800-927-4152 (toll free in the USA)
+1 (310) 837-5283
fax: +1 (310) 837-1056
Gaudacandra Dasa
Rights and Permissions
Bhaktivedanta Book Trust International, Inc
3764 Watseka Avenue
Los Angeles, CA 90034
USA
Please include the following information:
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 at a single Web site are covered by a single claim,
a representative list of such works at that Web 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 the BBTI
to locate the material.
4. Information reasonably sufficient to permit the BBTI 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.
6. A statement that the information in the notice 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.
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