Terms of Use

Unless otherwise specified, the Sites and the Content are for your personal and non-commercial use only. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Sites for your personal, non-commercial use (unless otherwise specified), including any computer code, software, applications, files, executable files, comments, messages, posts, graphics, text, instructions, images, audio files, videos, and other materials or documents you may view or access through the Sites (collectively, the “Content”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose without the express written permission of the Trust. Additionally, you agree not to:

• Collect information from the Sites using any automated software tool or manually on a mass basis;
• Use automated means to access the Sites or gain unauthorised access to the Sites or to any account or computer system connected to the Sites;
• Obtain or attempt to obtain access to restricted or password-protected areas of the Sites, except as authorised through your account;
• Flood the Sites with requests or otherwise overburden, disrupt, or harm the Sites or our systems;
• Take any action to restrict or inhibit other users from accessing or using the Sites;
• Modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Sites or in the Content;
• Access or use the Sites for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

You may use the Content for your informational, non-commercial use only unless we agree otherwise in writing. You may not copy or post any Content on any network computer or broadcast it in any media without our prior written agreement. Use of the Content other than as set forth herein is expressly prohibited by law and may result in civil and criminal penalties. You acknowledge and agree that any software, documentation, or other materials or Content downloaded by you for commercial use may be subject to the terms of a separate license agreement, and in the event of a conflict between these Terms and any such license agreement, the terms of the license agreement shall prevail.

Certain areas of the Sites may enable users to share, create, link, upload, or exchange their own Content (User-Generated Content). You are solely responsible for the content of any User-Generated Content you make available through the Sites and for any harm resulting from it, regardless of its form. We are not responsible for any misuse of your User-Generated Content by third parties. When you provide User-Generated Content, you grant us and any third parties we provide access to such User-Generated Content a transferable, royalty-free, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, reverse engineer, display, broadcast, record, share, create derivative works of, and otherwise use the User-Generated Content. We reserve the right to remove or modify User-Generated Content for any reason, including if we believe that the content violates applicable law or these Terms (or other specific terms governing the use of the Sites). By submitting User-Generated Content, you represent and warrant that:

1. You own or otherwise have the necessary rights to the submitted User-Generated Content, including, where applicable, the right to grant those rights to us under these Terms, and such User-Generated Content does not infringe any third-party rights (including rights to privacy or publicity) or misappropriate any third-party intellectual property or confidential information.
2. To the extent you submit User-Generated Content that includes your personal information, you acknowledge and agree that such User-Generated Content may be disclosed to third parties and the Trust is not responsible for any unauthorized access to, or misuse of, any personal information in User-Generated Content; User-Generated Content you submit will not contain any content that is obscene, defamatory, or libelous;
3. You will not submit User-Generated Content with the intent to threaten, harass, abuse, offend, or otherwise harm any recipients of such User-Generated Content; that violates, could cause us or a third party to violate, or encourages us or a third party to violate any applicable law, statute, ordinance, or regulation; or that would violate our or any third party’s proprietary or intellectual property rights, including unauthorised copyright, text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing manner; and
4. You are not, and are not acting on behalf of any person or entity that is, located in or a national or resident of any country that is subject to trade sanctions or restrictions on exports, re-exports, or transfers of items. We reserve the right, but are not required, to monitor and remove User-Generated Content that violates these Terms. We do not guarantee that User-Generated Content available through the Sites will comply with these Terms, and we specifically do not guarantee that such User-Generated Content will be free of material you may find objectionable, inappropriate, or containing malware or other contaminants that may harm your computer, mobile device, systems, programs, or any files therein. We disclaim all responsibility or liability related to your use of such User-Generated Content or Third-Party Materials available on the Sites.
   The Trust reserves the right, but is not required, to monitor and remove User-Generated Content in violation of these Terms. Your submitted suggestions, ideas, comments, and other feedback regarding the Sites or User-Generated Content may be used without any restriction or compensation to you.

The Sites and the Content are owned by the Trust and its licensors and are protected under copyright, trademark, and other applicable laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Sites are registered and unregistered marks of the Trust and its licensors. You acknowledge and agree that, as between you and us, we are and shall remain the sole owners of the Sites and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

Access to and use of certain areas of the Sites may require you to register for an account and set up a username and password, and may require you to agree to separate terms. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping that information up to date. Your username and password are for your exclusive use only; sharing your credentials with another user or using someone else’s credentials is not permitted and may result in the immediate blocking of your access to the applicable Site. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that we are not liable for any loss or damage arising from your failure to protect your username or password.

You acknowledge and agree that all personal information collected by the Trust via the Sites is subject to our Privacy Policy, available here.

The Sites may display, include, or make available third-party content (including User-Generated Content, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that the Trust is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

We may provide the Sites to you through third-party websites, operating systems, platforms, and portals (collectively, “Third-Party Platforms”). Additional terms and conditions will apply to you regarding your use of Third-Party Platforms, which are not under our control. We do not assume any responsibility or liability for your use of such Third-Party Platforms.

We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Sites or any portion thereof (including any Content) at any time. You agree that the Trust will not be liable to you or any third party for any such changes, suspensions, or discontinuances.

We may send you periodic newsletters and other promotional material regarding our latest products or service offerings, to the extent that you have opted in or have otherwise subscribed to such material. By subscribing or opting in for such material, you authorize the Trust to send you emails or other communications regarding its offerings. This authorization shall remain in effect unless and until you notify us in writing that it is revoked, or until you unsubscribe from receiving such material using the unsubscribe button provided in the email.

The Trust has the right to deny access to, and to suspend or terminate, your access to the Sites or any features or portions thereof, at any time and for any reason, including if you violate these Terms. In the event that we suspend or terminate your access to the Sites, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

Except as otherwise set forth in writing by us, the Sites and the Content are provided to you on an “as is” basis, without warranties of any kind. We hereby disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Neither the Trust nor any person associated with us makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Sites or the Content, except as otherwise set forth in writing by us. Neither we nor anyone associated with us represents or warrants that the Sites or the Content will be reliable, error-free, or uninterrupted; that defects will be corrected; that the Sites or the servers making them available are free of viruses or other harmful components; or that the Sites or the Content will otherwise meet your needs or expectations.

To the fullest extent permitted by law, in no event will the Trust or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of or inability to use the Sites or the Content, including but not limited to loss of revenue, profits, or business; loss of use; or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Use of the Sites and the Content is at your sole risk.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 12 may not apply to you.

You agree to indemnify, defend, and hold the Trust and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments , awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Sites and/or any Content or any violation of these Terms or applicable law. Your indemnification obligations will survive the termination of your use of the Sites and/or these Terms.

The communications between you and us via the Sites use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Sites are provided from, and the Trust is based in, India. We make no representation that the Sites or the Content are accessible, appropriate, or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Sites (including the Content) shall be instituted exclusively in the courts located in Bangalore, India. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, waived, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.

These Terms constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, whether written or oral, regarding such subject matter.

If you have any questions about the Site or any complaints or concerns regarding these Terms, please write to us at [info@murtytrust.org] to engage in good faith resolution before further escalation.