TERMS OF USE
TERMS OF USE
Please
Read Carefully Before Using This Website:
focusonthoughtsblogspot.com maintains this site for
information and communication purposes. This webpage contains the Terms of Use
governing your access to and use of focusonthoughts.blogspot.com (the “Website” or “Site”). If
you do not accept these Terms of Use or you do not meet or comply with their
provisions, you may not use the Website.
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR
USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING
TO THESE TERMS OF USE.
For
users who are not registered with this Website, your use of the Website will be
deemed to be acceptance of the Terms of Use, Section A.
For
users who are registered with the Website, your use of the Website shall be
subject to (i) certain designated terms (see Section B below) in addition to
those terms applicable to all users and (ii) shall be further conditioned on
your [clicking the “I AGREE TO THE TERMS OF USE” button at the end of these
Terms of Use].
IF
THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY
TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes
To Terms
focusonthoughts.blogspot.com may, at any time, for any reason and without notice, make changes
to (i) this Website, including its look, feel, format, and content, as well as
(ii) the products and/or services as described in this Website. Any
modifications will take effect when posted to the Website. Therefore, each time
you access the Website, you need to review the Terms of Use upon which access
and use of this Website is conditioned. By your continuing use of the Website
after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in India. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website.
focusonthoughts.blogspot.com makes
no representation that the information, opinions, advice or other content on
the Website (collectively, “Content”) is appropriate or that its products and
services are available outside of the United States. Those who choose to access
this Website from other locations do so at their own risk and are responsible
for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are
only authorized to view, use, copy for your records and download small portions
of the Content (including without limitation text, graphics, software, audio
and video files and photos) of this Website for your informational,
non-commercial use, provided that you leave all the copyright notices,
including copyright management information, or other proprietary notices
intact.
You may
not store, modify, reproduce, transmit, reverse engineer or distribute a
significant portion of the Content on this Website, or the design or layout of
the Website or individual sections of it, in any form or media. The systematic
retrieval of data from the Website is also prohibited.
E-mail
submissions over the Internet may not be secure and are subject to the risk of
interception by third parties. Please consider this fact before e-mailing any
information. You agree not to submit or transmit any e-mails or materials
through the Website that: (i) are defamatory, threatening, obscene or
harassing, (ii) contain a virus, worm, Trojan horse or any other harmful
component, (iii) incorporate copyrighted or other proprietary material of any
third party without that party’s permission or (iv) otherwise violate any
applicable laws. focusonthoughts.blogspot.com shall not be subject to any obligations of
confidentiality regarding any information or materials that you submit online except
as specified in these Terms of Use, or as set forth in any additional terms and
conditions relating to specific products or services, or as otherwise
specifically agreed or required by law.
The
commercial use, reproduction, transmission or distribution of any information,
software or other material available through the Website without the prior
written consent of focusonthoughts.blogspot.com is strictly prohibited.
5. Copyrights and Trademarks
The
materials at this Site, as well as the organization and layout of this site,
are copyrighted and are protected by United States and international copyright
laws and treaty provisions. You may access, download and print materials on
this Website solely for your personal and non-commercial use; however, any
print out of this Site, or portions of the Site, must include focusonthoughts.blogspot.com copyright notice. No right, title or interest in any of the
materials contained on this Site is transferred to you as a result of
accessing, downloading or printing such materials. You may not copy, modify,
distribute, transmit, display, reproduce, publish, license any part of this
Site; create derivative works from, link to or frame in another website, use on
any other website, transfer or sell any information obtained from this Site
without the prior written permission of focusonthoughts.blogspot.com
Except
as expressly provided under the “Scope of Use” Section above, you may not use,
reproduce, modify, transmit, distribute, or publicly display or operate this
Website without the prior written permission of focusonthoughts.blogspot. You may not
use a part of this Website on any other Website, without focusonthoughts.blogspot prior written consent.
focusonthoughts.blogspot respects the intellectual
property rights of others and expects our Users/ users to do the same. The
policy of focusonthoughts.blogspot is to terminate the accounts of repeat copyright
offenders and other users who infringe upon the intellectual property rights of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at email focusonthought@gmail.com
6. Links
For
your convenience, we may provide links to various other Websites that may be of
interest to you and for your convenience only. However, focusonthoughts.blogspot does
not control or endorse such Websites and is not responsible for their content
nor is it responsible for the accuracy or reliability of any information, data,
opinions, advice, or statements contained within such Websites. Please read the
terms and conditions or terms of use policies of any other company or website
you may link to from our website. These Terms of Use policy applies only to focusonthoughts.blogspot website and the products and services focusonthoughts.blogspot offers. If you decide to access any of the third party sites
linked to this Website, you do so at your own risk. focusonthoughts.blogspot reserves
the right to terminate any link or linking program at any time. focusonthoughts.blogspot disclaims all warranties, express and implied, as to the accuracy,
validity, and legality or otherwise of any materials or information contained
on such sites.
7. No Unlawful Or Prohibited Use
As a
condition of your use of the Website, you warrant to focusonthoughts.blogspot that you
will not use the Website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Website in any manner
that could damage, disable, overburden, or impair the Site or interfere with
any other party’s use and enjoyment of the Website. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
8. Spamming
Gathering
email addresses from focusonthoughts.blogspot through harvesting or automated means is
prohibited. Posting or transmitting unauthorized or unsolicited advertising,
promotional materials, or any other forms of solicitation to other Users is
prohibited. Inquiries regarding a commercial relationship with focusonthoughts.blogspot should be directed to: email focusonthought@gmail.com
9. No Warranties
THE
WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”
BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT, ALL OF WHICH FOCUSONTHOUGHTS.BLOGSPOT EXPRESSLY DISCLAIMS. TINY BUDDHA DOES NOT ENDORSE AND MAKES NO WARRANTY
AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND
TINY BUDDHA WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE
CONTENT OF THE WEBSITE. FOCUSONTHOUGHTS.BLOGSPOT MAKES NO REPRESENTATIONS OR
WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE
RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND
USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY
OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION
WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FOCUSONTHOUGHTS.BLOGSPOT. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
These
Terms of Use shall be governed in all respects by the laws of India, without reference to its choice of law rules. If an
applicable law is in conflict with any part of the Terms of Use, the Terms of
Use will be deemed modified to conform to the law. The other provisions will
not be affected by any such modification.
11. Separate Agreements
You may
have other agreements with focusonthoughts.blogspot.Those agreements are separate and in addition
to these Terms of Use. These Terms of Use do not modify, revise or amend the
terms of any other agreements you may have with
12. DMCA Copyright Policy and Copyright Agent
focusonthoughts.blogspot respects the intellectual
property rights of others. If you believe something on this Site has infringed
your intellectual property rights, please notify our agent and provide the
following information:
(i) A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to
have been infringed.
(iii) 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.
(iv) Address, telephone number, and,
if available, an electronic mail address where we may contact you.
(v) 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is alleged
You can reach us at focusonthought@gmail.com
13. Indian Resident
You represent that you are a Indian resident, unless specific circumstances, in other business arrangements with , clearly indicate that you are a resident of another country or jurisdiction, and that, in contacting, communicating with, or attempting to do business or any other transaction with focusonthoughts.blogspot, that such interaction by you or your representatives is not contrary to all applicable laws, regulations and/or treaties governing you, those you represent, or any other associated party.
14. No Professional Advice
The
information available on the Website is intended to be a general information
resource regarding the matters covered, and is not tailored to your specific
circumstance. You should not construe this as legal, accounting or other
professional advice. This Website is not intended for use by minors. YOU SHOULD
EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN
CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL
OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. focusonthoughts.blogspot reserves the right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible 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 these Terms of Use and will not cause injury to any person or entity; and that you will indemnify focusonthoughts.blogspot or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to focusonthoughts.blogspot by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted focusonthoughts.blogspot a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. focusonthoughts.blogspot may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to focusonthoughts.blogspot by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. focusonthoughts.blogspot has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
focusonthoughts.blogspot reserves the right (but is not obligated) to do any or all of the
following:
(a)
Record the dialogue in public chat rooms.
(b)
Examine an allegation that a communication(s) do(es) not conform to the terms
of this section and determine in its sole discretion to remove or request the
removal of the communication(s).
(c)
Remove communications that are abusive, illegal, or disruptive, or that
otherwise fail to conform with these Terms of Use.
(d) Terminate a Member’s access to any or all Public Areas and/or the focusonthoughts.blogspot Site upon any breach of these Terms of Use.
(e)
Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the focusonthoughts.blogspot Site, regardless of whether such communication(s) violate these standards.
focusonthoughts.blogspot reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. focusonthoughts.blogspot has no liability or responsibility to users of the focusonthoughts.blogspot Website or any other person or entity for performance or nonperformance of the aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any focusonthoughts.blogspot confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the Indian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in India.
All
information relating to or disclosed by any party in connection with the
arbitration of any disputes hereunder shall be treated by the parties, their
representatives, and the arbitrator as proprietary business information. Such
information shall not be disclosed by any party or their respective
representatives without the prior written authorization of the party furnishing
such information. Such information shall not be disclosed by the arbitrator
without the prior written authorization of all parties. Each party shall bear
the burden of its own counsel fees incurred in connection with any arbitration
proceedings.
Judgment
upon the award returned by the arbitrator may be entered in any court having
jurisdiction over the parties or their assets or application of enforcement, as
the case may be. Any award by the arbitrator shall be the sole and exclusive
remedy of the parties. The parties hereby waive all rights to judicial review
of the arbitrator’s decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. FOCUSONTHOUGHTS.BLOGSPOT SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF TINY BUDDHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FOCUSONTHOUGHTS.BLOGSPOT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold focusonthoughts.blogspot, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
focusonthoughts.blogspot does not warrant that the functions contained in the service
provided by the Website will be uninterrupted or error-free, that defects will
be corrected or that this service or the server that makes it available will be
free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide focusonthoughts.blogspot with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may
not:
(a)
select or use a Login Name of another person with the intent to impersonate
that person;
(b)
use a name subject to the rights of any other person without authorization;
(c)
use a Login Name that Website, in its sole discretion, deems inappropriate or
offensive.
You shall notify focusonthoughts.blogspot of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at focusonthoughts.blogspot sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request
additional information regarding these Terms of Use, please contact us at
email
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