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Terms and Conditions Before you begin using this site, you must read and agree to these Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"): Spring of Thoughts (SoT) may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use this service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 1. Description of Service. Spring of Thoughts is a web publishing service. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. SoT disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. SoT also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. You must be at least thirteen (13) years of age to use the Service. SoT reserves the right to refuse service to anyone at any time without notice for any reason. 2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You agree to abide by the website’s Content Policy and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Content Policy, you should periodically review the most up-to-date version. SoT may, in its sole discretion, modify or revise the Content Policy at any time, and you agree to be bound by such modifications or revisions. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to legal consequences. SoT reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Much of the content is provided by and is the responsibility of the person or people who made such postings. SoT merely provides access to such content as a service to you. SoT does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk. 3. Privacy. You agree that Spring of Thoughts may access or disclose your personal information, including the content of your communications, if it is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by the website may be stored and processed in any country in which SoT maintains its facilities. By using the Service, you consent to any such transfer of information outside of your country. 4. General Practices Regarding Use and Storage. You agree that SoT has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. SoT retains the right to create limits on use and storage at our sole discretion at any time with or without notice. 5. Content of the Service. SoT takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does it have any obligation to monitor such third-party content. SoT reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. SoT also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of SoT, its users and the public. SoT will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. 6. Intellectual Property Rights. You acknowledge that SoT owns all right, title and interest in and to the Service, including all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. By submitting, posting or displaying content which is intended to be available to the members of the public, you grant SoT a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content for the purpose of displaying and distributing. SoT furthermore reserves the right to refuse to accept, post, display or transmit any content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted. 7. No Resale of the Service. Unless expressly authorized in writing by SoT, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service. 8. Publicity. Any use of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including “Spring of Thoughts” must be in compliance with this Agreement. 9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to SoT to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. 10. Termination; Suspension. SoT may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. 11. Indemnification. You agree to hold harmless and indemnify SoT and its affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. 12. Entire Agreement. This Agreement constitutes the entire agreement between you and SoT and governs your use of the Service, superseding any prior agreements between you and SoT. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SoT services, affiliate services, third-party content or third-party software. 13. Waiver and Severability of Terms. The failure of SoT to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. 14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of SoT services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. 15. Choice of Law, Jurisdiction, Forum. These Terms of Service will be governed by and construed in accordance with the laws of India, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Bangalore, Karnataka, and you consent to the jurisdiction of such courts. 16. Copyright Information. If you believe that your copyright has been infringed on the Service, please let us know.
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