Himalayan Academy, (the publisher of this web site and various apps), and its Digital Products and Services, (including the Hinduism Today online and Digital App Editions,) never sells or gives away any information about, or supplied by, its users, to a third party. In order to facilitate users' experience, our apps do keep track of your sessions. This is done in order to provide users with a history/journal of their activities, bookmarks, favorites, playlists and other settings they may have used to customize and personal their app experience, and which allow us to determine what parts of the app are most used and succesful. To do this we may assign each user a random identification number which includes a date of installation such as
Although we may store in the cloud your user ID and history of activities with our apps, this information is only attached to the random ID and is completely anonymous, unassociated with your name and personal information. We do not know your name or your email address. We also do not access any personal information outside of our app that may be on your device. If any of our apps need to access your mobile device’s services, such as the camera, location service, audio recording, etc., our apps request and receive your permission before doing so.
Some of our apps may offer opt-in settings where you can, of your own volition, supply a username, email address, country, city, age, gender, birth date, phone number (for messages, notifications), and your social network log-ins. This would allow our apps to let you share on Facebook, Twitter, What’s App and other social networks, and enable notifications in the future. At a minimum, although we cannot guarantee it—if you provide a user name and email address—in the event that you lose your phone or computer or wipe your device data, then all of your journal activity, history, bookmarks, favorites, playlists and other custom settings may be restored. None of this information would ever be released to a 3rd party for any reason.
Also it should be noted that information related to sharing via your other social app accounts is never stored in the cloud by our apps. Your Twitter, Facebook, What's App log in information is stored on your device, remains private to you and we do not keep this information. In the event of restoring settings, you would need to reenter information for sharing.
If you choose not to provide a user name and email address, then your journal, history, bookmarks, favorites, customization settings, etc., will be most certainly be lost in the event that you lose your phone or computer or wipe your device data.
Terms of Service
These Terms of Service apply to all Himalayan Academy Digital Products and Services that may run on your personal computer or mobile device, including, but not limited to our web sites, PDF downloads, ebook downloads, images, sound files, videos and digital applications.
Access to and use of Himalayan Academy Digital Products and Services and related portions of the Himalayan Academy and Hinduism Today websites and digital applications are subject to the following Terms of Service. Please read these Terms of Service ("Terms") carefully. Installing any of our apps on your personal computer or mobile device, directly downloading any media from our web sites will signify your acceptance of these Terms and constitutes a binding agreement between you and Himalayan Academy ("Agreement"). If you do not agree to these Terms, discontinue use of any of Himalayan Academy Digital Products and Services immediately. Himalayan Academy's acceptance is expressly conditioned on your assent to these terms
Description of Service
Himalayan Academy Digital Products and Services are produced and operated by Himalayan Academy ("We"). Use of any of these products in any way is further subject to the Himalayan Academy Digital Products and Services End User License Agreement detailed below.
The Himalayan Academy Digital Products and Services may be available to individuals whether or not they have registered with Himalayan Academy. If you register, by providing a user name, email and other personal data, you may not provide or use the account login information of anyone except a member of your household. You may not give away your account login information for use by anyone outside your household. You are responsible for maintaining the confidentiality of your account login information and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
You may only use Himalayan Academy Digital Products and Services for lawful purposes and in accordance with these Terms and operating rules established by Himalayan Academy and the Himalayan Academy Digital Products and Services User License Agreement. Himalayan Academy reserves the right to refuse service or terminate accounts by its sole discretion, without limitation, based on any activity by a subscriber in violation of these Terms.
International UsersHimalayan Academy Digital Products and Services are controlled, operated and administered by Himalayan Academy from its offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Himalayan Academy Digital Products and Services or any media or other content accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions and regulations.
All content included as part of Himalayan Academy Digital Products and Services, which includes Hinduism Today magazine, such as text, graphics, logos, button icons, images, audio tracks and movies, as well as the compilation thereof, and all software used on this site, is the property of Himalayan Academy and protected by US and international copyright laws, or under agreement with content creators, such as photographers, artists and writers (its “licensors”). You agree to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Himalayan Academy owns the copyright on content original to it and distribution rights to some content provided by third parties, including, without limitation, the magazines and other publications delivered or otherwise made available to you via Himalayan Academy Digital Products and Services (the "Media"). Except as permitted by Himalayan Academy, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You are permitted to print an unlimited number of any publication or a portion thereof obtained through the Service for your personal use or to share with family members, friends or colleagues. Otherwise, except as explicitly permitted under copyright law, you may not modify, reverse engineer, publish, transmit by any means—whether electronic, mechanical, photocopying, printing or otherwise—display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide, except for social sharing, a third party the content, of the Himalayan Academy Digital Products, Sites or Hinduism Today Magazine, or any portion of them without the express permission of Himalayan Academy.
We do not grant you any licenses, express or implied, to the intellectual property of Himalayan Academy or our licensors except as expressly authorized by these Terms or the Himalayan Academy Digital Products and Services End User License Agreement.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-party advertisers in Publications offered by Himalayan Academy Digital Products and Services are those of the respective person, organization or entity and not of Himalayan Academy. Himalayan Academy does not guarantee the accuracy, completeness or usefulness of any third-party advertisement content, nor will we be liable for any loss or damage caused by your reliance on information obtained from advertisements in Himalayan Academy Digital Products and Services.
Himalayan Academy Digital Products and Services may contain links to other Internet sites and third-party resources. Himalayan Academy does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order with a third-party site.
Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, Himalayan Academy Digital Products and Services (or any part thereof) with or without notice. You agree that Himalayan Academy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.>Disclaimer of Warranties
The Himalayan Academy digital products and services and all content is provided on an “as is” and “as available” basis. Himalayan Academy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Without limiting the foregoing, neither Himalayan Academy nor its affiliates, licensors or agents, makes any warranty that (a) the service will meet your requirements, (b) the service will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, or (d) the quality of any information or other material obtained by you through the service will meet your expectations.
You bear the responsibility for obtaining and maintaining reliable internet connectivity. Himalayan academy is not responsible for your inability to download content.
Any material downloaded or otherwise obtained through the use of Himalayan Academy digital products and services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Himalayan Academy or through or from Himalayan Academy digital products and services shall create any warranty not expressly stated in these terms.
Limitation of liabilityIn no event will Himalayan Academy or its affiliates, licensors or agents be liable under any theory of law for any indirect, incidental, punitive or consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not necessarily apply to you.
You agree to defend, indemnify and hold harmless Himalayan Academy, its licensors, suppliers and any third-party content providers to the Service and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including reasonable attorney fees, arising out of your use of Himalayan Academy Digital Products and Services and resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing Himalayan Academy Digital Products and Services using your account.
Either Himalayan Academy or you may terminate this Agreement at any time. Without limiting the foregoing, Himalayan Academy may, in its sole discretion and without liability, terminate your user account, or use of the Service for any reason, including, without limitation, if Himalayan Academy believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and Himalayan Academy may immediately deactivate or delete your account and all related information and/or bar any further access to Himalayan Academy Digital Products and Services. Sections 4-6 and 8-12 shall survive termination of this Agreement.
These Terms, the Himalayan Academy Digital Products and Services and the other rules, guidelines, licenses and disclaimers posted on the Himalayan Academy and Hinduism Today websites constitute the entire agreement between Himalayan Academy and you with respect to your use of Himalayan Academy Digital Products and Services and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the State of Hawaii, without regard to the conflicts of laws principles thereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Notification of Changes
From time to time, Himalayan Academy may revise these Terms to keep them up to date with Himalayan Academy's products and services. Please refer to this page periodically for any changes. The update date is used to alert you to recent modifications. Your access or use of Himalayan Academy Digital Products and Services subsequent to such an update will signify your assent to be bound by such changes.
HIMALAYAN ACADEMY DIGITAL PRODUCTS AND SERVICES
END USER LICENSE AGREEMENT
By clicking on the “accept” button when filling out the online registration forms for the Himalayan Academy Digital Products and Services or installing Himalayan Academy Digital Products and Services Software, or by directly downloading any media of the Himalayan Academy Digital Products and Services from the Himalayan Academy web site, apps or Hinduism Today website, you or the entity or company that you represent (“licensee”), are unconditionally consenting to be bound by and are becoming a party to this license agreement (“agreement”). If licensee does not unconditionally agree to all of the terms of this agreement, stop the download and/or installation process. Licensee acknowledges and agrees that use of Himalayan Academy Digital Products and Services Software and any files is also subject to the terms of service as described above.
1) LICENSE GRANT
Subject to the terms of this Agreement, Himalayan Academy hereby grants Licensee a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the software that Licensee is about to download, install or otherwise access ("Software") and any magazines or other media files (such as images, pdfs, ebooks and sound files) that Licensee may download from Himalayan Academy Digital Products and Services or from Hinduism Today website or otherwise access now or in the future ("Files") only for Licensee's personal use in accordance with this Agreement and the Himalayan Academy Digital Products and Services Terms of Service. The term "Software" includes the Livecode Software or HTML5 code incorporated therein and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
2) LICENSE RESTRICTIONS
Except as expressly and unambiguously permitted by this Agreement, Licensee shall not, nor permit anyone else to: copy (except that Licensee may make a limited number of unmodified copies of the Software solely for Licensee's personal use on devices owned by Licensee in accordance with this Agreement), modify or distribute the Software; reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except to the extent that applicable law prohibits reverse engineering restrictions), rent, lease or use the Software for timesharing or service bureau purposes, or otherwise use the Software or the Files for any commercial purpose or on behalf of any third party. Licensee shall maintain and not remove or obscure any proprietary notices on the Software and the Files, and shall reproduce such notices exactly on all permitted copies of the Software or the Files. As between the parties, title, ownership rights and intellectual property rights in and to the Software and the Files, and any copies or portions thereof, shall remain in Himalayan Academy and its suppliers or licensors. Licensee understands that Himalayan Academy may modify or discontinue offering the Software or the Files at any time. The Software and the Files are protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give Licensee any rights not expressly granted herein. Licensee shall not export, import or transfer Software contrary to U.S. Export Administration Regulations or other applicable laws, whether directly or indirectly, and will not cause, approve or otherwise facilitate others such as agents or any third parties in doing so. By downloading or using the Software, Licensee represents and certifies that (a) neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Licensee's export privileges, and (b) Licensee is not located in or a resident of any other country to which the United States has embargoed goods. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
3) INTELLECTUAL PROPERTY; CONTENT
As a condition to Licensee's use of the Software and Files, Licensee represents, warrants and covenants that Licensee will not use the Software or Files: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format ("Content") that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Licensee, not Himalayan Academy, remains solely responsible for all Content that Licensee uploads, posts, shares on social networks, e-mails, transmits or otherwise disseminates using, or in connection with, the Software. Licensee acknowledges that all Content that Licensee accesses using the Software is at Licensee's own risk and Licensee will be solely responsible for any damage to any party resulting therefrom.
4) SUPPORT AND UPGRADES
This Agreement does not entitle Licensee to any support, upgrades, patches, enhancements or fixes for the Software (collectively, "Support"). Any such Support for the Software that may be made available by Himalayan Academy shall become part of the Software and subject to this Agreement.
5) WARRANTY DISCLAIMER
Himalayan Academy and its licensors provide the software and the files “as is” and without warranty of any kind, and hereby disclaim all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, performance, accuracy, reliability and non-infringement. Himalayan Academy and its licensors do not and cannot warrant the performance or results you may obtain using the software. This disclaimer of warranty constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts so the foregoing limitations may not apply to you.
6) LIMITATION OF LIABILITY
The software and files are provided by Himalayan Academy free of charge. Under no circumstances and under no legal theory, including, but not limited to, tort, contract, negligence, strict liability, or otherwise, shall Himalayan Academy or its licensors be liable to licensee or any other person for any indirect, special, incidental or consequential damages of any character, including, without limitation, damages for lost profits or lost savings, loss of goodwill, work stoppage, accuracy of results, computer failure or malfunction. The foregoing limitations shall apply even if Himalayan Academy or its licensors have been informed of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to licensee.
7) TERM AND TERMINATION
This Agreement shall continue until terminated as provided for herein. Licensee may terminate this Agreement at any time. Himalayan Academy may terminate this Agreement immediately if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks and other storage media all copies of the Software and the Files. Sections 2-8 shall survive termination of this Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties or the user’s agreement to new terms published with upgrades of the Software. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Himalayan Academy to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Himalayan Academy's rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization or change of control) without Himalayan Academy's consent; and any attempt to do so shall be void. Himalayan Academy may assign this Agreement or delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Hawaii law without regard to Hawaii conflict of law provisions. Should any disagreement arise at any time over the meaning of any provision of this Agreement or the obligations of either party to this Agreement, the parties shall first attempt to resolve it by mutual agreement. If such resolution is not possible, any remaining controversy shall be submitted to arbitration before a single neutral arbitrator in accordance with the rules of the American Arbitration Association, at Kauai, Hawaii. If such arbitration cannot be held at Kauai, it shall be held at Honolulu, Hawaii. The Software has been built and is distributed in compliance with the Revolution License Agreement and Warranty Disclaimer. Revolution is a trademark of Runtime Revolution Ltd.
Last updated February 22, 2017
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Kapaa, HI 96746