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.
This policy is effective from July 08, 2012. The Terms of
Service given above are subject to change without notice. ©2012
BodhaGuru Learning Private Limited â¢