Who we are

Our website address is https://kaushikgala.com.

Applicability

These are the general terms of use when accessing https://kaushikgala.com (the “Site”) and all its subdomains (collectively, the “Sites”).

Consent

By accessing and/or using the Sites, you agree to the below terms of use and the Privacy Policy (https://kaushikgala.com/privacy-policy/). Please read the below terms of use carefully and immediately cease using the Sites if you do not agree to them. 

We reserve the right to change the Website Terms of Use (the “Terms”) from time to time. You acknowledge and agree that it is your responsibility to review the Terms periodically to learn of any modifications. Your continued access to the Sites after such posting constitutes your consent to be bound by the modified Website Terms of Use.

Using the Sites

You must follow any policies made available to you within the Sites. You may use our Sites only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Sites to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. You agree that neither party is an agent or partner of the other.

Ownership & Proprietary Rights

The Sites are owned and operated by Kaushik Gala. The visual interfaces, graphics, textual content, design, images, and all other elements of the Sites (“Materials”) are protected by intellectual property and other laws or by respective third parties where marked as such. Except as expressly authorized by Kaushik Gala, you may not make use of the Materials.

Acceptable Use Policy

The following sets forth the “Acceptable Use Policy” in using the Sites, whereby you agree to the following:

  • You will not violate any law, regulation, or obligations or restrictions imposed by any third party.
  • You will not use any material or information made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
  • You will not download any file posted by another user of the Sites that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such a manner.
  • You will not falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • You will not send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
  • You will not advertise or offer to sell or buy any goods or services for any business purpose on the Sites.
  • You will not harvest, collect, gather or assemble information or data regarding other users, including screen names, e-mail addresses or other identifiers, without their consent.
  • You will not conduct load testing, probing, scanning, penetration or vulnerability testing of the Sites.
  • You will not upload, transmit, or distribute any computer viruses, worms, Trojan horses, spyware or any software intended to damage or alter a computer system or data.
  • You will not monitor any data, information or communications on systems or networks connected to or used together with the Sites.
  • You will not attempt to intercept, redirect or otherwise interfere with communications intended for others.
  • You will not interfere with or disrupt servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks.
  • You will not attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means.
  • You will not harass or interfere with another user’s use and enjoyment of the Sites.

Third-party websites

The Sites may contain content from, or links to, third-party websites. Such third-party websites are not under the control of Kaushik Gala, who does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party websites. You use all content and links related to third-party websites at your own risk.

Discontinuance

We may, at any time and without notice to you, discontinue the Sites, in whole or in part. We may also exclude any person from using the Sites at any time. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Copyright & Trademark Policy

Copyright © 2021, Kaushik Gala. All rights reserved. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

No Warranty

The Sites are provided on an as-is, non-commercial basis and we hope that you will enjoy using them. HOWEVER, NO COMMITMENTS ARE BEING MADE ABOUT THE CONTENT WITHIN THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES ARE EXCLUDED.

Limitation of Liability

THE TOTAL LIABILITY OF KAUSHIK GALA, FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO US$0.01 (ONE UNITED STATES CENT). MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SET FORTH IN THIS SECTION.

Release

You hereby release Kaushik Gala from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage that is either directly or indirectly related to or arises from any interactions with Sites or Third-Party Websites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”.

Indemnity

You agree to indemnify and hold Kaushik Gala harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access, download, or use of the Sites and/or (ii) your violation of this Agreement. Kaushik Gala reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kaushik Gala and you agree to cooperate with the defense of these claims. You agree not to settle any matter without the prior written consent of Kaushik Gala, who will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Force Majeure

Kaushik Gala will not be liable for any failure or delay in the availability of the Sites under these Terms on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond Kaushik Gala’s reasonable control.

Dispute Resolution

These Terms provide that all disputes between you and Kaushik Gala will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.

Entire Agreement

This Agreement (which includes the Privacy Policy – https://kaushikgala.com/privacy-policy/), as well as the Acceptable Use and Copyright & Trademark Policies (contained within this Agreement) and any other rules posted on the Sites) constitutes the entire agreement between you and Kaushik Gala regarding the use of the Sites. Failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

About Terms of Use

These Terms of Use or any additional terms that apply to the Sites may be modified at any time. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and no action is taken right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

Jurisdiction

This Agreement shall be governed by the laws of the Iowa, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and national courts located within USA for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction. No representation is being made that the Sites comply with the laws (including intellectual property laws) of any country outside USA. If you access the Sites from outside USA, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the Sites.

Questions?

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