Who we are
Our website address is https://kaushikgala.com.
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.
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.
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.
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
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.”.
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.
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.
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.
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.
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