Terms of Prana Kishore Web Site
1 General Terms of Use
Terms: Terms of Use
General Terms of Use
Last Modified: MAY 2021
Applicability
These General Terms of Use apply to users of the www.pranakishore.com.com (the "Website") who have not created an account (i.e., those who do not have log-in credentials to access features of the Website not available to the general browsing public).
Acceptance of the Terms of Use
These General Terms of Use are entered into by and between you and Site Pranakishore.com. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website, including any content offered on or through the Website.
Please read these Terms of Use carefully before you start to use the Website. By browsing and using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy and our Copyright Policy, each of which is hereby incorporated herein by reference. If you sign up for an account on our Website, or otherwise make use of any of our service offerings, you will also be bound by the terms of our Terms of Service. If you do not want to agree to be bound by any of these agreements, you must not access or use the Website or our services, as applicable.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, and meet all applicable eligibility requirements set forth in these Terms of Use. If you do not meet all of these requirements, or if you do not agree to these Terms of Use, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service, content or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, if any.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
We have the right to disable your access to the Website at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Prana kishore site, its affiliates, their respective licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for yourself or your employer but solely for your personal use or the internal use of your employer, and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your employer's or company's internal use only, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request through https://www.pranakishore.com/contact
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The web site name, the terms of Prana Kishore,Prana Kishore Bommireddipalli , the site logo, as it appears on the Website, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth below in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate the site, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, malware or other material that is malicious or technologically harmful to the Company or others.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored, or any server, computer, or database connected to the Website.
Copy, mirror or otherwise attempt to replicate or reproduce the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain one or more blogs, message boards, chat rooms, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display,or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You agree you will not be compensated
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non performance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by bloggers, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent in each instance.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA,OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to,your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Nashville, Tennessee, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts located in Nashville, Tennessee, USA, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use anywhere you reside or operate your business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and our Copyright Policy constitute the sole and entire agreement between you and the Site, regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed through https://www.pranakishore.com
2 TERMS OF SERVICE
Terms of Service
Last Modified: May 2021
Applicability
These Terms of Service (the “Agreement”) apply to users of the www.pranakishore.com(the “Website”) who have created an account on the Website and who receive Services (as defined below) from PranaKishore.com through the use of a client portal reached by clicking on the “Sign In” button on the Website (the “Portal”).
Acceptance of the Terms of Service
These Terms of Service are entered into by and between you and PranaKishore.com (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of the Services, including subscription services, including any content offered on or through the Portal, if part of such Services. “You” or “you” as used in these Terms of Service means either, and as applicable: (i) you, personally, if you are an individual or other unincorporated association, including as a member of a group (each an “Entity”), or (ii) you and each other member of your group if organized as an Entity. If “you” refers to an Entity, then you represent and warrant that you have the due and full authority to enter into this Agreement on behalf all members of the group and acknowledge on your behalf and theirs that these Terms of Service are binding and enforceable against each member of the group.
Please read these Terms of Service carefully before you start to use the Portal or to receive or make use of any Services. By creating an account on the Website, or using the Services, you accept and agree to be bound and abide by these Terms of Service. Each time you access or use the Website, you are also subject to and agreeing to be bound by the Terms of Use posted thereon. If a conflict arises between the Terms of Use or Privacy Policy posted to the Website and the terms of this Agreement, the terms of this Agreement shall control.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Portal or receipt of Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Services
After creating an account on the Website, you will be provided with access to the Portal.
You will have the ability to select a password to log onto the Portal, which will give you access to the Site. You will use a secure, unique password for your account. You are responsible for any activity that occurs through the use of your login credentials. If you become aware of or suspect that your user credentials have been compromised, lost or stolen, you must inform us immediately so that we may issue you replacement credentials.
The Services, including the features, subscription services, content and look and feel of the Site, may change from time to time in our discretion. Your continued use of the Services, including the Site, after such a change constitutes your acceptance to such modifications.
We will provide the Services to you throughout the Term (as defined below) of this Agreement only.
You may be able to integrate some features of the Site with social media, such as Facebook and Instagram. When doing so you acknowledge and agree that the terms of use or service of those social media sites apply to such integrations and to any information you send or receive from such sites. Please review those terms carefully before installing any such features or integrating any data between the this Site and those sites. We are not responsible for your use of these social media integrations or any data that you share with such third party platforms. You acknowledge and agree that your use the social media integration tools at your own risk, and you release us from all liability arising from your use of such sites.
Compliance with Laws
We agree to comply with all applicable United States laws in our performance of the Services.
You agree that you will comply with all applicable laws in your use of the Site.
Site Updates and Upgrades
From time to time, we may develop updates or implement enhancements or other changes to the Site. We will also from time to time modify the back-end software that runs the Site. Whenever we push an update, upgrade, bug fix or patch to site occasionally this will require the Site to be unavailable to you for a brief period of time. We apologize for the inconvenience this may cause, but unfortunately, we must perform these regular maintenance activities to maintain the Site’s performance over time.
Except as otherwise stated herein, we will continue to renew our Site domain name throughout the Term of this Agreement, provided you continue to timely pay all fees when due hereunder and are not in breach of these Terms of Service.
Under no circumstances will the site be liable for any damages relating to domains, including but not limited to failure or errors in renewing, transfer, or registration of domains, even if such failure is ours.
E-commerce on Prana Kishore Site
The Services include the option for you to buy goods and services directly from the Site. Prana Kishore site provides the platform to offer sales, but all transactions occur at our third-party transaction processors, PayPal or Stripe. All transactions are subject to the terms and conditions of PayPal or Stripe, as applicable, and you must have a PayPal or Stripe account independent of your account with us for the Site in order to accept such payments. Further, Prana Kishore.com is not responsible for, and does not have access to, any aspect of transactions that happen on our platform aside from the items that were included in a specified transaction.
We reserve the right to disable or remove any products or services without any advance warning.
Your Additional Obligations
In addition to any other obligations, you have as set forth in this Agreement, you agree that you will:
maintain an active email account on record with us at all times;
maintain at all times your own devices and resources to obtain access to the public Internet;
protect the confidentiality of your login credentials to the Portaland ensure that nobody other than you uses such credentials;
not use any other person’s login credentials;
not impersonate any other person or group through or on the Site;
not use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or intentionally store or transmit material in violation of third party privacy rights;
not use profanity, obscenity, racist terms, or other language that may be offensive to visitors to the Site;
not use the Site to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs (collectively, "Harmful Code");
not interfere with or disrupt the integrity or performance of our systems or networks or those maintained on our behalf for the purpose of providing services to our customers;
not copy, frame or mirror any part or content of the Site;
not attempt to obtain a copy of, or disassemble, reverse engineer or decompile the Site or any portion thereof;
not upload, post, email, transmit or otherwise make available on the Site any material that interferes with or disrupts the site Service, or which probes, scans, or tests the vulnerability of any system or network;
not attempt to breach or circumvent any security or authentication measures;
not attempt to gain unauthorized access to any back-end systems, hardware, software or networks, which we maintain or are maintained on our behalf;
not access or attempt to access restricted portions of the Site or our systems;
not download, copy, publish or distribute on the Site any copyrighted or other protected materials without the specific written permission of the owner of such materials; and
not engage in denial-of-service attacks.
Fees and Payment
You agree to pay us in advance, based on the schedule of payments you agreed to when you signed up for a Service. All such fees are non-refundable. Our pricing plans are set forth on our Website, at https://pranakishore.com/pricing. Once you select your pricing plan, subscription plan we will begin to charge you for the Services you selected.
Credit card, PayPal or Stripe chargebacks will incur a fee of $100 to reinstate accounts. Accounts that incur chargebacks may be permanently deleted in our discretion.
From time to time we may offer promotional codes or offers that apply a discount to service plans. Only one promotional offer or code may be used per Site at a time; they may not be combined or stacked.
You acknowledge and agree that our fees may change from time to time, and when they change, the new fees will be posted to our Website. You agree to be bound by, and pay the new fees, as they change from time to time, of course, always subject to your termination rights as set in this Agreement. The fees listed on our Website do not include applicable Taxes. “Taxes” means any sales, value added tax, use, and other taxes.
Proprietary Rights
Our Website, the Portal and the Site, and their entire contents, features, and functionality, including all trademarks, business names, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, but excluding Your Content (collectively, “Our Content”), are owned by the Company, its affiliates, their respective licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree that we and our affiliates and service providers are permitted to collect, access, process, store, and use in perpetuity (i) any technical, aggregated information, including any information which may be attributable to any particular invitee to the Site or to you (but not any information which may be considered personally identifiable information); (ii) information pertaining to how the Site is browsed and searched, such as which features are used the most or are popular for some types of users; and (iii) all sales amounts processed through the Site; provided we do so solely to evaluate features of our Website for the purpose of improving our services.
You understand and agree that the Site contains third party materials and services. Those materials and services are licensed to us solely for use on the Site as contemplated in the Documentation and only for so long as the owners of such materials and services permit us to make them available to you. You acknowledge and agree that if the owner of such materials or services terminates our license or right to make them available to you, they will be removed from the Site, and you accept this risk.
The Services are licensed, not sold. Except for the limited rights expressly granted by each of the parties hereunder, no other rights are granted. All rights not specifically granted herein are otherwise reserved.
Each party agrees to refrain from any use or registration of the trademarks of the other party, or of any confusingly similar marks, except with respect to any trademarks included within the Site which we upload a limited license to display, publish, and process such trademark as part of our Content. If you add your name to our VIP list, you also grant us a right to use your name on such list, and to display, publish, and process your name as you entered it in furtherance of our business if required.
Term and Termination
The term of this Agreement begins on the day you sign up to receive the Services by creating an account on our Website, selecting a pricing package,Subscription plan and paying your first monthly installment of recurring subscription fees (the “Effective Date”). This Agreement will continue in effect until either party terminates pursuant to the terms of this Agreement (the “Term”).
You can upgrade/downgrade your Service at any time by going to the Portal and changing your plan after signing in how ever there will not be any refunds
You may terminate the subscription plan by sending a message through http://pranakishore.com/contact we will cancel and inform you
We may terminate your access to the Site and use of any Services immediately (i) if you breach any provision of this Agreement, (ii) if you fail to pay recurring fees when due, (iii) if we lose any right or license required for us to make the Services or the Site available to you or your invitees, (iv) if we cease providing Services to our general customer base or we make material modifications to the Services; (v) if required to do so by law, or due to a change in applicable law; (vi) if you violate the law or these Terms of Service; or (vii) if unexpected technical, security or legal issues or problems arise.
Upon termination of this Agreement for any reason, (i) you will lose the right to access the Portal and the Site. You must pay any outstanding amounts you owe us for use of Services throughout the Term. Please plan your cancellation of this Agreement accordingly.
Provisions of this Agreement dealing with confidentiality, representations or warranties, indemnities, limits on liability and any provisions set forth in the “Miscellaneous”
Section below shall survive termination of this Agreement.
Confidential information
Each party (the “disclosing party”) may disclose to the other party (the “receiving party”), Confidential Information during the course of performance under this Agreement. “Confidential Information” means any data, files, content, copy, materials and information which is not public and which is disclosed by the disclosing party or on such person’s behalf, to the receiving party or an affiliate or service provider of such party, either directly or indirectly, in writing (including electronically) or orally, and which a reasonable person should understand, based on the content or means of disclosure, to be confidential or proprietary. Your Content shall be considered your Confidential Information. Our Website content, Website look and feel, the Site skins and their look and feel, and all graphic and other elements of our Website and the Sites (excluding any which you uploaded to the Site), our business methods, pricing models and methodologies, and business processes, shall be considered our Confidential Information.
The receiving party will: (i) hold the disclosing party’s Confidential Information in confidence and use reasonable care to protect the same; (ii) restrict disclosure of the other party’s Confidential Information to those of its affiliates, employees, service providers or agents with a need to know such information and who are under a duty of confidentiality respecting the protection of such Confidential Information; and (iii) use the other party’s Confidential Information only for the purposes for which it was disclosed, or as otherwise permitted herein or pursuant to instructions from the disclosing party.
The above restrictions will not apply to Confidential Information to the extent it (i) is, or through no fault of the recipient has become, generally available to the public; (ii) was lawfully received by the receiving party from a third party without such restrictions and if such third party was not subject to a duty of confidentiality when it received the information; (iii) was known to the receiving party prior to receipt from the disclosing party, if it received such information not subject to a duty of confidentiality; or (iv) was independently developed by the receiving party without breach of this Agreement or access to, reference or use of the Confidential Information of the other party.
The receiving party may disclose Confidential Information to the extent the disclosure is required by law, regulation, or judicial order, provided that the receiving party will provide to the disclosing party prompt notice, where permitted by law, of such order and will assist the disclosing party in its efforts to contest or limit any required disclosure.
Data Security
It is your responsivity to comply with your obligations under applicable data protection laws when collecting, handling, uploading and processing personal data of the Site visitors and invitees. In addition, as part of the Services hereunder, we will ensure that we and our service providers: (i) use commercially reasonable data security procedures and controls designed to protect the Content from unauthorized use, loss, disclosure, theft or compromise.
If there is any theft, loss, loss of control over, access or discovery by or disclosure to a third party, or other event that results in an unauthorized third party obtaining access to, viewing, copying, transferring, transmitting, displaying, preventing authorized access to, or coming to control of any of the Content (each such event, a “Breach”), and if such Breach occurs as a result of any action or inaction of ours or our service providers or from our systems, devices or networks, then we will, at our own expense (a) give you notice of such Breach as quickly as is commercially feasible for us to do so after becoming aware of such a Breach; (b) give you reasonably available information pertaining to such Breach, and where and how it occurred; (c) give you available information pertaining to Your Content that was lost, stolen, accessed, discovered, rendered inaccessible or disclosed; (d) perform forensic investigations and audits as reasonably required to identify the root cause and reasons for the Breach; (e) reasonably mitigate the effects of the Breach as promptly as is commercially feasible; and (f) take all corrective actions necessary to prevent the Breach from re-occurring.
Representations and Warranties
Each party represents and warrants to the other that: (i) it is duly organized and validly existing in the state of its organization or formation and that it has full power and authority to enter into and perform its obligations pursuant to this Agreement in accordance with its terms; (ii) this Agreement represents a binding and enforceable obligation of such party.
YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS OTHERWISE STATED HEREIN, WE DISCLAIM ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE.
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SERVICES (INCLUDING YOUR BAND SITE), OUR CONTENT AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Indemnification
Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any action, claim, proceeding, law suit, demand, loss or expenses (including reasonable attorney’s fees and legal costs and expenses) arising or resulting from such party’s breach of its specific warranties herein.
You agree to defend, indemnify and hold harmless us, our affiliates and service providers, and all officers, directors, members or employees of any of the foregoing, from and against any action, claim, proceeding, law suit, demand, loss or expenses (including reasonable attorney’s fees and legal costs and expenses) arising or resulting from (i) your use of ads and other additional features available on the Site; (ii) our activities in marketing or promotion of your goods or services to invitees on the Site, including with respect to all communications you initiate and receive through the use of the Site; and/or (iii) any challenge or claim relating to one of your domain names.
The party seeking indemnity pursuant to this section will promptly notify the party indemnifying in writing of the claim, and will grant the indemnifying party sole control of the selection of counsel, defense, and settlement of the claim. The indemnifying party will pursue defense or prosecution of all claims in a diligent manner. The indemnified party hereunder agrees to provide the indemnifying party with reasonable assistance, information required for the defense and settlement of the claim; provided, however, that the indemnifying party may not settle a claim in a manner that is adverse to the indemnified party or if such settlement requires acknowledging liability or wrongdoing by the indemnified party without such indemnified party’s prior written consent.
Limitation on Liability
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, (III) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY LOSS OR CORRUPTION OF DATA. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
Miscellaneous
Assignment. You may not assign this Agreement or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.
Subcontracting. We may subcontract any portion of the Services hereunder. You specifically consent to this arrangement. To the extent our subcontractors or service providers are subject to European data protection laws, we will bind them to contracts pursuant to which they will be required to comply with European laws applicable to the services they perform for us.
Notices. We may send you notices through the Site or via email. You must send us notices through http://pranakishore.com/contact
Severability. If any provision of this Agreement is held to be unenforceable, illegal, or void, that shall not affect the enforceability of the remaining provisions.
Waiver. The delay or failure of either party to exercise any right provided in this Agreement shall not be deemed a waiver.
Injunctive Relief. Notwithstanding anything else to the contrary herein, either party may seek injunctive in a court of competent jurisdiction without the posting of a bond.
Force Majeure. Neither party will be liable for any delay or failure to perform obligations under this Agreement due to any cause beyond its reasonable control, including acts of God; earthquakes, storms, or other elements of nature; blockages; embargoes; riots; acts or orders of government; acts of terrorism; and war.
Construction. Paragraph headings are for convenience and shall have no effect on interpretation.
Governing Law; Dispute Resolution. This Agreement shall be governed by the laws of the State of Tennessee, without regard to any conflict of law’s provisions, except that the United Nations Convention on the International Sale of Goods and the provisions of the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any dispute, controversy or claim arising out of or relating in any way to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be exclusively resolved by binding arbitration in Nashville, Tennessee. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the rules of the American Arbitration Association. There shall be one arbitrator selected by agreement of the parties, or if the parties fail to agree, by the American Arbitration Association. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless otherwise ordered by the arbitrator or agreed upon by the parties. The parties to this agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof.
Third Party Rights. Other than as expressly provided herein, this Agreement does not create any rights for any person who is not a signatory to it, and no person not a signatory to this Agreement may enforce any of its terms or rely on an exclusion or limitation contained in it.
Independent Contractors. The parties are independent contractors, and this Agreement creates no relationship of principal and agent, partner, joint venture, employer-employee or other similar arrangement. Neither party is an agent of the other, and each party agrees that it will not represent itself to be an agent of the other party or attempt to create any obligation or make any representation on behalf of or in the name of the other party.
3 Privacy Policy
Last Modified: May 2021
Applicability
This policy applies to visitors to the www.pranakishore.com (the "Website") who access or view the Website. If you are a European Union person and present in the European Union when you access the Website please refer to the European Union Privacy Addendum.
Introduction
Pranakishore.com (the "Company", "us" or "we") respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the Website, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On the Website.
In email, text, and other electronic messages between you and the Website.
Through mobile and desktop applications, if any, that you download from the Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
Through any other means associated with or relating to the Website.
This policy does not apply to information collected by:
us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or
any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to the terms of this privacy policy, including as they may be amended from time to time.
This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 13
Our Website is not intended for children under eighteen (18) years of age to buy our products or services. No one under age eighteen (18) may provide any personal information to us or on or through the Website.
We do not knowingly collect personal information from children under the age of thirteen (13). If you are under thirteen (13), do not use or provide any information on this Website or on or through any of its features or register on the Website (if such feature is available), make any purchases through the Website (if such feature is available), use any of the interactive or public comment features of this Website (if such feature is available) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under thirteen (13) years of age without verification of parental consent, we will delete that information.
If you believe we might have any information from or about a child under the age of thirteen (13), please contact us at http://pranakishore.com/contact
Information We Collect About You and How We Collect It
We may collect several types of information from and about users of our Website, including information:
by which you may be personally identified, such as name, mailing address, e-mail address, telephone number, or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION PURSUANT TO APPLICABLE LAW (collectively, "personal information");
that is about you but individually does not identify you, such as the geographic location from which you accessed the Website; and
about your internet connection, the equipment you use to access our Website, your browsing history, and usage details.
We collect this information:
Directly from you when you provide it to us;
Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, geolocation information, and information collected through cookies, web beacons, and other tracking technologies; and
From third parties, for example, our business partners.
Information We Collect About You
The information we collect on or about you may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of creating an account (if such a feature is available), subscribing to a service, or requesting further services or information from us.
Information you provide to us or we acquire from your network or computing device when you report a problem with our Website and as we troubleshoot and work on the problem you reported.
Records and copies of your correspondence (including email addresses), if you contact us.
Any comments and information you provide to us when you use the "Contact" feature of our Website or sign up for VIP list
Your responses to surveys that we might ask you to complete.
Details of transactions you carry out on or through our Website.
Your search queries on the Website.
Information that our business partners collect about you, such as services you have signed up to receive, or products you have purchased, in each case which are related to our business.
Information you provide when you contact our customer service agents, if available.
Any other information you provide to us, or we collect throughout your usage of or access to our Website, which we collect for a business purpose.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website and mobile applications, we may use automatic data collection technologies to collect certain information about you, your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer or mobile device and about your internet connection, including your IP address, mobile device identifier, your operating system, browser type, and the name of your mobile carrier.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically is statistical data and may also include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our services and our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
Analyze our services and products and perform market research.
When you visit or leave our Website by clicking a hyperlink or when you view a third-party site that includes our plugins or cookies (or similar technology), we automatically receive the URL of the site from which you came or the one to which you are directed.
We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we may use to show you local information on our mobile applications and for fraud prevention and security purposes. Most mobile devices allow you to prevent real time location data being sent to us, and of course we will honor your settings.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Note that while you can set your browser to not allow cookies, we may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to "do not track",
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our collection of and use of information through this technology.
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Analytics Providers
We use third party analytics providers including Google Analytics, a service provided by Google, Inc. to analyze traffic and activity patterns on our Website. This data is utilized to track and examine the use of our Website and to prepare reports for us based on your activities online, among other uses. Analytics tools track many variables, including what website you visited prior to coming to our Website, how long you stay on a particular page, and your geographic location.
Do Not Track
Do Not Track ("DNT") is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser's DNT option in your browser's preferences. When a user's browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly.
At this time, our Website does not respond to "DNT" settings on your browser.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We may use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account and/or the Website.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if needed.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website, if any.
To develop and create our products and services.
For behavioral tracking.
For any other purpose as needed for our business.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
To contact you about our own and third-parties' goods and services that we think may be of interest to you.
To enable us to display advertisements to our advertisers' target audiences.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and assist us in providing services and offering our products.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
To third parties to market their products or services to you.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including responding to any government or regulatory request.
To enforce or apply the Terms of Use, including this Privacy Policy, and any other agreements between us, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your California Privacy Rights
California Civil Code Section 1798.83, known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. We currently do not share any personal information with third parties for their direct marketing purposes.
Note that, as stated in the 'Information We Collect Through Automatic Data Collection Technologies' Section above, we may use cookies and other tracking technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
Please also see the "Do Not Track" Section above for information on how our Website responds to your browser's "do not track" settings.
Data Security
We have implemented physical and electronic measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and to change your password from time to time. We also highly recommend that you use a password that is dissimilar to and cannot be easily found by unauthorized third parties who may have obtained your login credentials to other sites. Keep in mind that if you use the same password for all websites, if someone obtains your credentials for one site, they may be able to then use those credentials to log into any other site you use.
Unfortunately, the transmission of information via the internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted through or collected through the use of our Website. Any transmission of personal information is at your own risk.
We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account. We may also post a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us through http://pranakishore.com/contact
European Union Privacy Addendum
This Addendum to our Privacy Policy applies to you only if accessing the Website from within the confines of the European Union.
Additional Information requirements pursuant to Art. 13 GDPR (EU General Data Protection Regulation)
Pranakishore.com ("we"/"us") is the responsible data controller of the website located at www.pranakishore.com (the "Website") pursuant to Article 4 (7) EU General Data Protection Regulation (GDPR). We are located at Nashville,Tennesse,USA
You have the following rights towards us with regard to your personal data: Right to information, Right to correction or deletion, Right to restriction of processing, Right to refusal of processing, Right to data portability. You also have the right to lodge a complaint about our processing of your personal data with a competent data protection regulatory body.
If you have agreed to the processing of your data for consent-based services like the newsletter, you can revoke this at any time. After you have pronounced it to us, the revocation influences the permissibility of processing your personal data.
If we base the processing of your personal information on consideration of interests, you can revoke your consent to processing. This is the case, in particular, if processing is not necessary for fulfilment of a contract with you, which is always outlined by us in the subsequent description of the functions. When exercising the right of revocation, we ask you to cite the reasons why we should not process your personal information as we have previously done. In the case of a justified revocation, we will examine the situation and either stop or adjust the data processing or convey to you our protection-worthy and necessary reasons for continuing the processing.
Of course, you can revoke consent to the processing of your personal data for advertising and data analysis purposes at any time. You can inform us of your advertising revocation through http://pranakishore.com/contact
Use of Google Analytics
This Website uses Google Analytics, a web analysis service by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and which enable an analysis of your use of the website. The information about your use of this Website generated by the cookie is generally transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this Website, your IP address will first be shortened by Google within member states of the European Union or other contracting member states of the European Economic Area. Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this Website, Google will use this information in order to evaluate your use of the Website, to compile reports about website activities and to provide further services connected with Website use and internet use for the Website operator.
The IP address transmitted from your browser within Google Analytics is not connected with other data from Google.
You can prevent the storage of cookies by configuring your browser software accordingly; please note, however, that in this case you may not be able to use all the functions of this Website to their full extent. In addition, you can prevent the capture of data generated by the cookie and related to your use of the Website (including your IP address) for Google and the processing of these data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout.
This Website uses Google Analytics with the extension "_anonymizeIp()". This ensures that IP addresses are further processed in shortened form, which excludes the possibility of personal association. Any personal connection to the data collected about you will therefore be immediately excluded and the personal data will be immediately deleted.
We use Google Analytics in order to analyze use of our Website and regularly improve it. We use the statistics obtained to improve our products and make them more interesting to you as a user. For the exceptional cases in which personal data are transmitted to the USA, Google has committed itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Article 6 Section (1)(f) of the GDPR.
Information about the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: http://www.google.com/analytics/terms/gb.html; overview of data protection: http://www.google.com/intl/en/analytics/learn/privacy.html, and the Data Protection Statement: http://www.google.com/intl/en/policies/privacy.
This website also uses Google Analytics for a cross-device analysis of visitor flows which is carried out by means of a user ID. You can deactivate the cross-device analysis of your use in your customer account under "My data" – "Personal data".
Use of Google Adwords Conversion
We use the service provided by Google Adwords in order to draw attention to our attractive offers with the aid of advertising materials (so-called Google Adwords) on external websites. In relation to the data from the advertising campaigns, we can determine how successful the individual advertising measures are. Our interest here is in showing you advertising which interests you, in making our website more interesting for you and achieving a fair calculation of advertising costs.
These advertising materials are delivered by Google via so-called "ad servers". For this purpose, we use ad server cookies, by means of which certain parameters for success measurement, such as the fading in of advertisements or clicks by the user, can be measured. If you arrive at our website via a Google advertisement, a cookie is stored on your PC by Google Adwords. These cookies generally expire after 30 days and are not intended to identify you personally. For this cookie, the following analysis values are generally stored: the unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions) and opt-out information (indication that the user no longer wishes to be contacted).
These cookies enable Google to recognise your internet browser. If a user visits particular pages on the website of an Adwords customer and the cookie stored on his computer has not yet expired, Google and the customer can recognise that the user has clicked on the advertisement and was redirected to this page. A different cookie is allocated to each Adwords customer. Cookies cannot, therefore, be traced via the websites of Adwords customers. We ourselves do not collect or process any personal data during the advertising measures named above. We merely obtain statistical evaluations from Google. On the basis of these evaluations, we can determine which of the advertising measures used are particularly effective. We do not receive any further data from the deployment of advertising materials; in particular, we cannot identify the users by means of this information.
On the basis of the marketing tools used, your browser automatically establishes a direct connection to Google's server. We have no influence on the scope and further use of the data that are collected by Google through use of these tools and are therefore informing you based on our state of knowledge: by integrating AdWords Conversion, Google obtains the information that you have called up the corresponding part of our internet presence or have clicked on an advertisement of ours. If you are registered with a Google service, Google can associate the visit with your account. Even if you are not registered with Google or are not logged in, there is the possibility that the provider can learn your IP address and store it.
You can prevent participation in this tracking procedure in various ways: a) by configuring your browser software accordingly; in particular, suppressing third-party cookies means that you will not receive advertisements from third parties; b) by deactivating the cookies for conversion tracking by configuring your browser so that cookies from the domain "www.googleadservices.com" are blocked, https://www.google.com/settings/ads, whereby this configuration is deleted when you delete your cookies; c) by deactivating the interest-related advertisements by the providers which are part of the self-regulating campaign "About Ads", via the link http://www.aboutads.info/choices, whereby this configuration is deleted when you delete your cookies; d) by permanent deactivation in your browsers Firefox, Internet Explorer or Google Chrome at the link http://www.google.com/settings/ads/plugin. Please note that in this case, you may not be able to use all the functions of this online presence to their full extent.
The legal basis for the processing of your data is Article 6 (1) sentence 1 lit. f GDPR. You can find further information on data protection at Google here: http://www.google.com/intl/en/policies/privacy and https://services.google.com/sitestats/en.html. Alternatively, you can visit the website of the Network Advertising Initiative (NAI) at http://www.networkadvertising.org. Google has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
Use of Facebook Pixel
We use the "visitor action pixels" from Facebook Inc (1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook")) on our website.
This allows user behavior to be tracked after they have been redirected to the provider's website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook's Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.
Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
Use of Live Chat by SnapEngage
We do not have live chat option presently but we may add it any time with SnapEngage or similar service
Every website user may use the option to Click Live Chat on our Website and talk to a support person. By using the service, the following data is being processed: Name, E-Mail Address, IP Address, Geolocation. We delete that data after one year. Paid members can use a live chat option. Again Name, E-Mail Address, IP Address, Geolocation is processed as well as domain, user ID and timestamp. The reason why we collect this data is to be able to provide technical support and keep a history of the support, questions and reference. We delete the data for members 3 years after they cancel for paid members.
Before using the service, you are being asked to acknowledge that the controller of your personal data is SnapEngage LLC with its registered office in 1722 14th St Suite 220, Boulder, CO 80302, USA, and with customer service agents located in the USA and in Germany. SnapEngage LLC processes your personal data in accordance with the General Data Protection Regulation (GDPR). They are self-certified under Privacy Shield. For more information please visit their GDPR information on the website https://snapengage.com/gdpr-compliant-live-chat/.
4 Copyright Policy
Last Modified: May 2021
Applicability
This policy applies to materials posted to our Website, where such materials comprise or incorporate copyrighted materials pursuant to the laws of the United States of America only.
Introduction
This policy provides the procedures pursuant to which you can inform Site pranakishore.com(the "Company", "us" or "we") if copyrighted materials which another user has posted to our Website infringe your copyright, and describes how we will act in response to such communications.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with United States applicable law. If you believe any materials accessible on or from the Website (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices through http://pranakishore.com/contact
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent through through http://pranakishore.com/contact
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
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