PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
Murugan Temple of North America (hereinafter referred to as "Murugan Temple" or "us" or "we") provides this website, www.MuruganTemple.org and all related content and services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this Terms of Service ("TOS"). Murugan Temple reserves the right at any time to:
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change the terms and conditions of this TOS;
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change the Site, including eliminating or discontinuing any content on or feature of the Site;
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change any fees or charges associated with use of the Site or for any products or services offered for sale or otherwise available on the Site.
Any changes we make will be effective immediately upon notice, which we may provide by posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this TOS periodically to ensure familiarity with the most current version. You acknowledge that you are bound by this TOS. Upon our request you agree to sign a non-electronic version of this TOS.
BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE. BY USING THE SITE YOU ARE INDICATING THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE NOT 13 YEARS OLD PARENTAL GUIDANCE, DISCRETION AND ADVICE IS REQUIRED TO ENTER THE SITE.
Code of Conduct
While using the Site or any services offered on or through the Site including any Subscriber Website you agree not to:
(a) Restrict or otherwise interfere with the use of the Site (including without limitation any interference by means of "hacking" or "cracking" or defacing any portion of the Site) or disobey any requirements of any networks connected to message boards or Web Services;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically sexually or otherwise harmful, or harms minors in any way or exploit images of children or is otherwise objectionable;
(c) express or imply that any content or materials you make, submit or post are endorsed by Murugan Temple; impersonate any person or entity, including, but not limited to, a Murugan Temple official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or remove any copyright, trademark, or other proprietary rights notices contained in the Site;
(e) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam" (unsolicited e-mail), "chain letter," "pyramid schemes," mail fraud schemes, or engage on "flooding" or any other form of solicitation;
(f) upload, post, e-mail or otherwise transmit any material that contains software viruses, worms, timebombs, Trojan Horses or any other harmful or disruptive computer code, files or programs;
(g) violate any applicable local, state, national or international law;
(h) modify, adapt, sublicense, translate, sell, lease, reverse engineer, decompile, frame, mirror or disassemble any portion of the Site (or offer to do any of the above);
(i) use any robot, spider, site search/retrieval application, or other manual or automatic device or process or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content to retrieve, index, "data mine," harvest, collect or use information about users of the Site or your Website without their express consent;
(j) use message boards to post personal phone numbers and addresses;
(k) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Web Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(l) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page.
Jurisdictional Issues
Murugan Temple makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Disclaimer Regarding Links and Subscriber Websites
The Site may provide links to other Internet websites or resources ("Linked Sites"). Murugan Temple neither controls nor endorses such Linked Sites, nor have we reviewed or approved any content that appears on such Linked Sites.
Termination
The TOS shall remain effective until terminated in accordance with its own terms.
Indemnification
You agree to indemnify, defend, and hold Murugan Temple and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Code of Conduct (Section 3), (b) any allegation that any materials that you submit to Murugan Temple or post on your Website infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (c) your activities in connection with the Site or Web Services, including your use of the Tools.
Proprietary Rights
You acknowledge and agree that the Site, Web Services and any necessary Tools used in connection with Web Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Murugan Temple or Murugan Temple's licensors. You further acknowledge and agree that content contained in advertisements or information presented to you through Web Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), by posting such Materials to any area of the Site, or by submitting content to Murugan Temple for inclusion on a Subscriber Website you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to Murugan Temple shall be fully paid-up and royalty free, provided, however, that in the event that (a) Murugan Temple redistributes any Materials owned by Subscriber and obtained from Subscriber's Website, and (b) Murugan Temple earns Net Receipts on such redistribution of the Materials, then Murugan Temple shall within thirty (30) days of the end of the calendar quarter in which such Net Receipts were received pay to Subscriber a fee equal to five (5)% of said Net Receipts. In no event, however, shall Murugan Temple have any obligation to pay a fee to a Subscriber in connection with any transfer of Murugan Temple's business, including without limitation any merger or sale or transfer of all or substantially all of the assets of Murugan Temple, nor shall the sale of advertising on any Murugan Temple site, including the Site and the Subscriber Website, give rise to any obligation to pay a fee to Subscriber. As used above, "Net Receipts" shall mean all dollar amounts actually received by Murugan Temple from the redistribution of the Materials (or, if the Materials are redistributed as part of a larger package of content, only those dollar amounts allocable to the Materials, as determined by Murugan Temple in its sole discretion), less any agency commissions, unrecouped taxes or duties, and all direct costs associated with said redistribution.
None of the Materials disclosed in Message Boards or chats shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Murugan Temple infringe your copyright, you, or your agent may send Murugan Temple notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Murugan Temple actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Murugan Temple a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Contact
Murugan Temple's Website Manager for notice of claims of copyright infringement or counter notice can be reached as follows:
Website Manager:
Venkatt Guhesan
Address of Manager:
ATTN: Venkatt Guhesan
Murugan Temple of North America
6300 Princess Garden Parkway
Lanham, MD 20706, USA
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Disclaimer of Warranties
THE SITE, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MURUGAN TEMPLE AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE AND ACCESS TO AND USE OF THE MEMBER WEBSITES AND ALL TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THE SITE , THE MEMBER WEBSITES OR THE SERVER(S) ON WHICH THE SITE AND THE MEMBER WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY MEMBER WEBSITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND MEMBER WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
Professional Advice Disclaimer
Your use of the Site is at your own risk. The relationship between you and Murugan Temple is not a physician-patient relationship or a psychotherapist-patient relationship or a priest-penitent relationship. The Site and Subscriber Websites contain information, data, advice, text and other content compiled from a variety of third party sources ("Third Party Materials"). Murugan Temple in no way end endorses any of the Third Party Materials. Such Third Party Materials are provided for your convenience, and are solely intended to broaden user understanding and knowledge of religious and spiritual topics.
NOTHING CONTAINED IN THE SITE OR ANY MEMBER WEBSITES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, INCLUDING PSYCHOLOGY, PSYCHIATRY, OR PSYCHOTHERAPY, OR PROVIDING HEALTH CARE ADVICE OR INSTRUCTION FOR DIAGNOSIS OR TREATMENT.
Murugan Temple does not recommend the self-management of health or mental health problems. The Third Party Materials are not exhaustive and do not cover all diseases, ailments, physical or mental conditions or their treatments. The Third Party Materials should not be considered complete or up-to-date. You should never disregard medical advice or delay in seeking it because of something you have read on the Site or a Subscriber Website.
Limitation of Liability
NEITHER MURUGAN TEMPLE NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE SITE, MEMBER WEBSITE, OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAINED ON THE SITE OR MEMBER WEBSITE; (III) STATEMENTS OR CONDUCT ON THE SITE OR ANY MEMBER WEBSITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE OR ANY MEMBER WEBSITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR A MEMBER WEBSITE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY MEMBER WEBSITE OR OTHER CONTENT OR, (VII) ANY OTHER MATTER RELATING TO THE SITE OR MEMBER WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MEMBER WEBSITE IS TO STOP USING THE SITE OR MEMBER WEBSITE.
General Information
The TOS constitute the entire agreement between you and Murugan Temple and governs your use of the Site and Web Services, superseding any prior agreements between you and Murugan Temple. The TOS and the relationship between you and Murugan Temple shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflict of law provisions. You and Murugan Temple agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the country of Maryland in the State of Maryland and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Murugan Temple to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.
Complaints.
The Consumer Protection Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at:
Consumer Protection Division
Office of the Attorney General
200 St. Paul Place, 16th Floor
Baltimore, MD 21202
or by telephone at Complaint hotline: (410) 528-8662 or at (toll-free): 1-888-743-0023
via web at consumer@oag.state.md.us or at http://www.oag.state.md.us/Consumer/index.htm
