Terms of Service

Last Updated: April 17, 2015 (added publishing policy)
Welcome! We sincerely appreciate you visiting our website, using our content (videos, books, games, applications) and products. Hope you are having a great learning experience.

Acceptance of Terms

BodhaGuru Learning Private Limited (âBodhaGuruâ) is a social enterprise that operates this âWebsiteâ (http://www.bodhaguru.com, http://m.bodhaguru.com), the associated learning âContentâ on the website (e.g. stories, videos, books, games, applications, etc.), the related learning âProduct(s)â and “Platforms” – all together called as âServiceâ. The following Terms of Service (ToS) is a legal contract between you, a customer, an individual subscriber, member, or user (âYouâ), and BodhaGuru regarding your use of the Website, its Content and learning Products. The visitors and users of the Website are referred to individually as âUserâ and collectively as âUsersâ. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. By accessing, browsing, registering, using the Website, its content or buying the product, You acknowledge that you have read, understood, and agree to be bound by the following TERMS and CONDITIONS, including any additional guidelines (as defined below) and future modifications (collectively, the âTermsâ) If you are a parent or guardian and you provide consent for your child to access the website, you agree to be bound by these terms of service in respect of the childâs use of the website.

Eligibility

The Service IS NOT available to any person under the age of 14 without the approval of legal parent or guardian. By accepting the terms of service, You represent that You are either (i) at least 14 years of age or (ii) Your parent and/or guardian has consented to Your use of the Service.

Changes to Terms of Service

BodhaGuru reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. You are responsible for checking these Terms of Service periodically to remain in compliance with these terms. Your use of a Service after any amendment to the Terms of Service shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Additional Guidelines

When using the Service, You will be subject to any additional terms, posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines are hereby incorporated by reference into the Terms.

Privacy Policy

Your privacy is important to BodhaGuru and we are committed to protecting the privacy of our Users. BodhaGuru Privacy Policy is hereby incorporated into the Terms by reference. Please read Privacy Policy carefully for information relating to BodhaGuru collection, use, and disclosure of your personal information on its Service.

Publishing Policy

The goal of BodhaGuru interactive book platform is to enable everyone to create interactive books while having fun, share their creation with the rest of the world and children across the world can read-n-learn from these books created by others in the community. For publishing your book at BodhaGuru Njoy N Learn Store using BodhaGuru Create Children Book or Comicker app, please refer to terms and conditions governing the creation, publication and distribution of your book, as given in Publishing Policy. Please read the detailed Publishing Policy before submitting your book for publishing.

Products Policy

BodhaGuru Products Policy with all the associated purchase policies (like Ordering, Cancellation, Refund, Shipping, Delivery and Warranty policies) is hereby incorporated into the Terms by reference. Please read Product Policy carefully before ordering BodhaGuru products.

Changes to the Service

BodhaGuru reserves the right to suspend/cancel, or discontinue any or all Service at any time without notice, add to the Service, make modifications and alterations in any or all of the Service without prior notice.

Ownership and Proprietary Rights

The Service is owned and operated by BodhaGuru. The stories, text, audio, video, book, graphical images, games, applications, visual interfaces, characters, background, design, computer code (including source code or object code), products, software, content, services, and all other elements of the Service provided by BodhaGuru (called as âMaterialsâ) are protected by Indian copyright, patent, and trademark laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Website are the property of BodhaGuru or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BodhaGuru or its affiliates and/or third-party licensors. Except as expressly authorized by BodhaGuru in writing, You agree NOT TO sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. BodhaGuru reserves all rights to the Materials not expressly granted in the Terms.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all Material presented on the Service (as specified above), trademarks and logos appearing on this site are the property of BodhaGuru, its affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of BodhaGuru; or remove, conceal or obliterate any copyright or other proprietary notice or any other mark or source identifier included on the Service including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Licensing

Unless indicated as being in public domain, the entire Material provided on the Service of BodhaGuru (called as âBodhaGuru Contentâ) is protected by Indian copyright, trademark and patent laws. Unless otherwise indicated, all the content is the property of BodhaGuru or its subsidiaries or affiliated companies and/or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to You under the terms given below.

License Restrictions. BodhaGuru Content is intended for personal (children, parents, adults, students) use for self-learning or for school/teacher use for their studentsâ learning purposes only and all other use will be termed as violated commercial use. Without limiting the foregoing, BodhaGuru Content may not be used, distributed or otherwise exploited for commercial advantage unless otherwise agreed in writing by BodhaGuru. The following are some use cases (but not the entire list of use cases) that BodhaGuru expressly defines as violated use of BodhaGuru Content: (1) download the online content and make multiple copies of it – irrespective of whether it is used for personal use, school/teacher use or any other use – irrespective of whether it is getting paid or not. (2) reverse engineer the offline content, make copies of the content – independent of whether it is used for personal use, school/teacher use or any other use – irrespective of whether it is getting paid or not. (3) the sale or rental of (i) any part of the BodhaGuru Content, (ii) any derivative works based at least in part on the BodhaGuru Content, or (iii) any collective work that includes any part of the BodhaGuru Content (4)the sale of access or a link to any part of the BodhaGuru Content without first obtaining informed consent from BodhaGuru (5)providing training, support, or editorial services that use or reference the BodhaGuru Content in exchange for a fee; and (6)the sale of advertisements, sponsorships, or promotions placed on the BodhaGuru Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the BodhaGuru Content, including without limitation any âpop-up advertisementsâ.
No Resale: You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service unless otherwise agreed in writing by BodhaGuru.
No Downloading of online content: All the online content (except the downloadable games or eBooks released by BodhaGuru on relevant marketplaces) available on BodhaGuru Website are for online view purposes only. Any unauthorized download and/or copy of the online content fully or partially are strictly prohibited. No part of the online content including website, script, image, text, sound, video, book, may be recorded, downloaded, reproduced, redistributed or transmitted in any form (as is or modified) or by any means, electronic, printed, or by any information storage and retrieval system without prior written permission of BodhaGuru.

Notice and Procedure for making claims of Copyright or Intellectual Property Infringement

BodhaGuru respects the intellectual property of others, and we ask our Users to do the same. We have tried our best to ensure we have built the entire content from scratch or buy the royalty free rights of any part of the content we may be using or use the public domain content. However, mistake can happen from anyone. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BodhaGuru the following information by sending email to legal@bodhaguru.com:

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 description of where the material that you claim is infringing is referenced on the Service;
Your address, telephone number, and email address;
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.
A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

Prohibited Conduct

By using the Service, you agree not to:

Use the Service for any commercial use or purpose unless expressly permitted by BodhaGuru in writing;
use the Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Service offered by BodhaGuru;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any part of the content
post, upload, or distribute any defamatory, or inaccurate User Postings or other content;
post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another personâs digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights notices on the Service
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
remove, circumvent, disable, damage or otherwise interfere with security-related features of any part of the Service – Website, Content, Product, User Postings, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof
modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent given by written permission of BodhaGuru herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the Service or any userâs enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Indemnity

You agree to indemnify and hold BodhaGuru, and our licensors, suppliers, vendors, parent, subsidiaries and related companies, affiliates, directors, officers, or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit or make available through the Service, your use of the Service, your connection to the Service, your use of any Content, your violation of the Terms of service, or your violation of any rights of any other person, or your breach of any applicable law.

Disclaimer

You expressly understand and agree that:

Your accessing or use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We and our licensors, suppliers, vendors, subsidiary and related companies, affiliates, directors, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
BodhaGuru and its licensors, suppliers, vendors, subsidiary and related companies, affiliates, directors, officers, agents and employees make no warranty that

(i) The Service will meet your requirements,

(ii)The Service will be uninterrupted, timely, secure, or error-free,

(iii)The Service will be accessible at any time or at all times,

(iv)The information, content or advertisements (collectively, the “materials”) viewed, contained on, distributed through, or linked, downloaded or accessed from or through the Service, or the results that may be obtained from the use of the Service, will be accurate or reliable,

(v)The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the Service (“the products”) will meet your expectations

(vi)Any errors in the hardware or software will be corrected.

Any material viewed, downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile, tablet, TV or other access device or loss of data that results from the download of any such material.
Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the Service or materials. The materials are provided or made available by us on an “as is” basis and we expressly disclaim any and all warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products.
No advice or information, whether oral or written, obtained by you from BodhaGuru or its licensors, suppliers, vendors, subsidiary and related companies, affiliates, directors, officers, agents and employees or through or from the Service shall create any warranty not expressly stated in the Terms of Service.
BodhaGuru does not warrant that the data, User Postings, features or any other information offered or through the service or any reference sites will be un-interrupted or free of errors, viruses of other harmful components and do not warrant that any of the foregoing will be corrected.
BodhaGuru does not warrant or make any representations regarding the use or the results of the Service or any reference Links in terms of correctness, accuracy, reliability, or otherwise.

No Liability

You expressly understand and agree that we and our licensors, suppliers, vendors, subsidiary and related companies, affiliates, directors, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from:

The Service;
The use or the inability to use the Service;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Service;
Any goods or services disposed of or messages sent or received using the Service; or
Any other matter relating to the service, the materials or the products.

Links

The Service may provide links to other World Wide Web or other online electronic sites or resources (âReference Sitesâ) solely as a convenience to Users. You acknowledge that BodhaGuru has no control over such sites and resources, you acknowledge and agree that BodhaGuru 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. You further acknowledge and agree that BodhaGuru shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Material Submitted by Users

Certain elements of the Website will contain material submitted by Users. BodhaGuru accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless BodhaGuru against all third party claims, demands and actions brought against BodhaGuru which arises from or relates to the material submitted by Users.

General Information

Entire Agreement The Terms of Service constitute the entire agreement between you and BodhaGuru and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The Terms of Service do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Governing Law and Jurisdiction The Terms of Service and the relationship between you and BodhaGuru shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and BodhaGuru agree to submit to the personal and exclusive jurisdiction of the courts located at Hyderabad, AP, India.
Waiver and Severability of Terms The failure of BodhaGuru to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Violations Please report any violations of the Terms of Service to us by sending email to legal@bodhaguru.com.

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