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Krishna.com eCourse

Terms and Conditions



PLEASE READ THE FOLLOWING CAREFULLY

By using the Krishna.com web site and/or ecourse and online lessons (known as eCourses herein) provided by Krishna.com, including its officers, directors, employees, parents, affiliates, successors or assigns, you are agreeing to be bound by the following terms and conditions ("Terms") and the Privacy Policy.


If you use eCourses to include viewing, reading, operating, course and test taking, and evaluating, then you agree that you understand and accept the following disclosures, statements, terms, and conditions as an express Agreement between you or your organization and the developer, Krishna.com, and any other distributors of these eCourses. If you do not accept this Agreement, then you may not use Krishna.com’s eCourses


Purpose. The purpose of eCourses are to encourage and support Krishna consciousness, and enrich understanding of the philosophy as taught by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada.


USER CONDUCT

  1. You must be 18 years or older. If you are under 18, you may subscribe to Krishna.com’s eCourses only with the supervision of a parent or guardian.
  2. You must not subscribe others to Krishna.com’s eCourses without their authorization.
  3. Krishna.com’s eCourses are for personal use only. Commercial uses of the email content without prior written authorization are prohibited.
  4. You must not attempt to gain access to or retrieve information from Krishna.com other than through the user interface provided by Krishna.com or e-mails sent to you by Krishna.com.
  5. You must not, in the use of Krishna.com, intentionally or unintentionally violate any applicable local, state, national or international law.

If you choose to participate in the community aspects of Krishna.com, such as the forums, you furthermore agree to the following:

  1. You must be 18 years or older to participate in any community aspect of Krishna.com, including the forums.
  2. You must not upload or post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  3. You must not upload or post any content that violates any copyright and/or other intellectual property right.
  4. You must not impersonate other users or Krishna.com staff.
  5. You must not "spam" any part of Krishna.com with commercial solicitations.
  6. You must not upload or post any personal information about yourself or others, including home addresses, home telephone numbers, credit card numbers, social security numbers or other government identification numbers.

Violation of any of these user conduct rules will result in the termination of all your Krishna.com subscriptions and suspension of your profile and/or account.


GENERAL CONDITIONS

  • We reserve the right to modify or terminate Krishna.com’s eCourses for any reason, without notice at any time. Applicable refunds will be given as determined by cancelation.
  • We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via e-mail and/or by temporarily placing a prominent notice on the Krishna.com website. What constitutes a "material change" will be determined at our sole discretion, in good faith and reasonable judgment.
  • We reserve the right to refuse service to anyone or terminate anyone's service for any reason at any time.
  • We reserve the right to remove forum posts and other user uploaded content for any reason, without notice at any time.

Possible Defects. Krishna.com’s eCourse program may contain defects that include, but are not limited to:

  • incomplete, inaccurate, incompatible, insecure, or corrupt content;
  • transcription and/or programming errors;
  • intellectual property infringement;
  • content that damages your hardware and/or software; or
  • infection by one or more computer viruses.

The possible defects are mentioned in the interests of disclosure, and such inclusion should not be interpreted to mean that eCourses are offered with known defects. If defects are uncovered, please contact the developer so that the defects may be addressed.


Security. Registration information is necessary for the operation and administration of eCourses by the Krishna.com. Information generated by specific users in the course of using eCourses (e.g., through registration, course and test taking, evaluations) is considered confidential and will not be sold or otherwise be made available to individuals or organizations outside of Krishna.com without the permission of the user. Krishna.com is dedicated to security and protecting user information, but the security of user-generated information is not guaranteed. There is a risk, believed to be small, that such information will be misdirected (e.g., through e-mail), lost, stolen, or co-opted for unauthorized access or use. If you are at all concerned about this risk, please do not to register. General compilations of data from eCourses that do not identify specific users may be collected, shared, analyzed, and/or shared with instructors to improve eCourses and/or develop Krishna.com further.


LICENSE
By uploading or posting content to the community aspects of Krishna.com eCourses, such as the forums, you grant a perpetual non-exclusive license to Krishna.com to display the content on Krishna.com, analyze and use the content in the conduct of Krishna.com's business, syndicate the content to other sites or services, excerpt the content and use the content for promotional purposes.


PAID CONTENT
Certain content featured on Krishna.com is available for a fee on a per title basis ("Paid Content"), such as most eCourses. ALL PURCHASES OF PAID CONTENT ARE FINAL AND NON-REFUNDABLE. Prices for Paid Content are subject to change without notice. Price changes will not affect Paid Content that has already been purchased.


You must be 18 years or older to purchase Paid Content. By making payment to Krishna.com by PayPal, check, or credit card, you are agreeing to these terms and conditions. By providing your credit card number to Krishna.com during the payment process you agree that:

  • Krishna.com may charge your credit card for the price of the Paid Content and any applicable taxes and fees shown on the payment form.
  • Krishna.com may provide you with information regarding your purchase exclusively in electronic form via email or website access (should you require a paper record, Krishna.com may charge a fee to cover expenses).
  • THIS AGREEMENT, INCLUDING THE GENERAL CONDITIONS, THE DISCLAIMER OF WARRANTY AND THE LIMITATION OF LIABILITY, APPLIES TO THE FULLEST EXTENT PERMISSIBLE.

All eCourses must be pre-paid. Refunds will be made on eCourses dropped before the posted final drop date (usually one week after the course start date). Exceptions:

  • eCourses canceled by Krishna.com or instructors are entitled to a refund equal to the remaining percentage of the course run time.
  • Partial refunds arranged between the student and the instructor after the drop date are subject to an administrative fee ($35 or 15% of the course fee, whichever is greater).
  • No refunds will be give after the final day of the eCourse.

DISCLAIMER OF WARRANTIES
KRISHNA.COM, INCLUDING BUT NOT LIMITED TO ITS WEBSITE AND ASSOCIATED SERVICES, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.


WITHOUT LIMITATION OF THE FOREGOING, KRISHNA.COM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT ASSOCIATED WITH KRISHNA.COM; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY KRISHNA.COM, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. KRISHNA.COM AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.


APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY
IN NO EVENT WILL KRISHNA.COM OR ITS LICENSORS (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, INSTRUCTORS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE KRISHNA.COM, EVEN IF ANY OF THE FOREGOING PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF KRISHNA.COM.


BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


COPYRIGHTS
All copyrights in and to Krishna.com, including but not limited to the website, compilation of content, postings, subscription content (including Paid Content) not in the public domain, Krishna.com software, or any parts of the aforementioned are owned by Krishna.com and/or its suppliers, authors, publishers and/or licensors.


FOR COPYRIGHTED CONTENT AVAILABLE ON/THROUGH KRISHNA.COM UNDER A CREATIVE COMMONS OR OTHER LICENSE, YOU MUST ADHERE TO THE CONDITIONS SET FORTH IN THE RESPECTIVE LICENSE AS LINKED TO OR DISPLAYED BY KRISHNA.COM.


FOR COPYRIGHTED CONTENT AVAILABLE ON/THROUGH KRISHNA.COM FOR WHICH ALL RIGHTS ARE RESERVED, YOU MUST NOT REPRODUCE, FORWARD OR SHARE SUCH CONTENT WITH OTHERS (OTHER THAN PERMISSIBLE UNDER APPLICABLE COPYRIGHT LAW).


DUE TO CONSTRAINTS FROM CERTAIN PUBLISHERS, AUTHORS AND LICENSORS, INDIVIDUAL TITLES MAY BE AVAILABLE ONLY TO SUBSCRIBERS FROM CERTAIN TERRITORIES. YOU AGREE TO REGISTER FOR SUCH TITLES ONLY IF YOU RESIDE IN THE DESIGNATED TERRITORY.


FAILURE TO COMPLY WITH THESE TERMS MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Krishna.com's Copyright Agent with all of the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Krishna.com's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows.


By mail:
Krishna.com
c/o Legal Dept.
PO Box 430
Alachua FL 32616


By email:
legal [at] Krishna [dot] com


PROPRIETARY RIGHTS
The Krishna.com logo and the names of all Krishna.com products and/or services are either trademarks or service marks, or registered trademarks and/or service marks of Krishna.com. Krishna.com owns the design, format and layout of Krishna.com.


APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of Florida, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of Krishna.com may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Krishna.com or relating in any way to your use of Krishna.com resides in the courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida, in connection with any such dispute and including any claim involving Krishna.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.


PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.


ASSIGNMENT / NO JOINT VENTURE
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Krishna.com may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. Krishna.com and you are independent entities, and nothing in these Terms, or via use of Krishna.com, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Krishna.com and you.


AFFILIATE TERMS OF SERVICE
Any affiliate of Krishna.com (“Affiliate”) agrees to the Krishna.com Terms and Conditions as set forth above, including, but not limited to terms set forth in “General Conditions”, “License”, “Disclaimer of Warranties”, “Limitation of Liability”, “Copyrights”, “Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement”; “Applicable Laws/Jurisdiction”; and “Assignment/No Joint Venture”.


Without limiting the foregoing, the Affiliate hereby agrees that:

  • Any and all material, serializations, or technology sent, made accessible, or that includes any reference to the Affiliate (“Material”) shall be received “as is”, without warranty of any kind, either express or implied.
  • Krishna.com shall have no liability associated with the Material.
  • Copyrights and all other rights to the Material are owned, as between Affiliate and Krishna.com, by Krishna.com.
  • Krishna.com shall have the right to terminate any Affiliate for any reason at any time without notice.