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SikhLink.net Terms of Use

Welcome to SikhLink.net. SikhLink.net supports freedom of speech, both on and off the Internet. To insure a safe, nonoffensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of SikhLink.net, users ("Users") agree to be legally bound and to abide by the terms set forth below. SikhLink.net is owned and operated by SikhLink, LLC. Any references herein to SikhLink.net shall be deemed to refer to SikhLink.net and/or SikhLink, LLC, as applicable under the circumstances.

I. TRADEMARKS
     All SikhLink.net graphics, logos and service marks and trademarks of SikhLink.net may not be used without prior written consent of SikhLink, LLC. All other trademarks, product names, and company names and logos appearing on SikhLink.net are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY
     User expressly agrees that use of SikhLink.net is at User's sole risk. Neither SikhLink.net, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that SikhLink.net will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of SikhLink.net, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through SikhLink.net.

THIS SITE IS PROVIDED BY SikhLink.net ON AN "AS IS"AND "AS AVAILABLE" BASIS. SikhLink.net MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SikhLink.net DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SikhLink.net WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SikhLink.net NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall SikhLink.net or any other party involved in creating, producing, or distributing SikhLink.net be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use SikhLink.net, including but not limited to reliance by a User on any information obtained from SikhLink.net or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to SikhLink.net's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through SikhLink.net. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT
a. PROPRIETARY RIGHTS
     User acknowledges that SikhLink.net contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
     Except as set forth in Section III a. above, User may upload to or otherwise distribute on SikhLink.net only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither SikhLink.net, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement support@SikhLink.net to SikhLink.net. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any discussion forums, User automatically grants, or warrants that the owner of such Content has expressly granted SikhLink.net the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on SikhLink.net retains any and all rights which may exist in such Content.

c. THIRD-PARTY CONTENT
     SikhLink.net is a distributor and not a publisher of Content supplied by third parties and Users. SikhLink.net has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of SikhLink.net, are those of the respective authors or distributors and not of SikhLink.net or its affiliates or any of their officers, directors, employees, or agents. Neither SikhLink.net nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of SikhLink.net, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through SikhLink.net represents the opinions and judgments of the respective Provider, or User not under contract with SikhLink.net. SikhLink.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SikhLink.net by anyone other than authorized SikhLink.net employees. Under no circumstances shall SikhLink.net, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through SikhLink.net. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through SikhLink.net.

d. EXPORT
     The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from SikhLink.net to either a foreign national or a foreign destination in violation of such laws.

IV. ONLINE CONDUCT
     User agrees to use SikhLink.net only for lawful purposes. User is prohibited from posting on or transmitting through SikhLink.net any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
     If SikhLink.net is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through the discussion forum or online review), SikhLink.net may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from SikhLink.net. SikhLink.net may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate SikhLink.net; or (iii) to protect the rights or property of SikhLink.net, its Users or Providers.
     SikhLink.net reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, SikhLink.net, the communities that make up SikhLink.net, or any rights of SikhLink.net or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither SikhLink.net nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither SikhLink.net, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on SikhLink.net.

V. PRIVACY POLICY
     In accordance with the terms of SikhLink.net's Privacy Policy, http://www.SikhLink.net/privacypolicy.asp, SikhLink.net respects the privacy of its Users.

VI. TERMINATION OF USAGE
     SikhLink.net may terminate User's access, or suspend any User's access to all or part of SikhLink.net, without notice, for any conduct that SikhLink.net, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or SikhLink.net.

VII. USAGE BY CHILDREN UNDER 13
     SikhLink.net cannot prohibit minors from visiting this site. SikhLink.net must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

VIII. APPLICABLE LAW
     This site is created and controlled by SikhLink.net in the State of Maryland. As such, the laws of the State of Maryland will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. SikhLink.net reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Maryland and of the United States of America located in the State of Maryland for any litigation arising out of or relating to use of or purchase made through SikhLink.net (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Maryland Courts and agrees not to plead or claim in any Maryland Court that such litigation brought therein has been brought in an inconvenient forum.

IX. PRICING, AVAILABILITY, AND QUALITY
     PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. SikhLink.net depends on foreign distributors for most of it's books, musical instruments, and other items sold in the SikhLink Store or at other places on SikhLink.net. SikhLink.net cannot thus guarantee the availability, pricing, or quality of the products received. Measures are taken to get the quality promised, but SikhLink.net cannot be held responsible for the quality of the items received or for other minor scratches, dents, etc. arising during the shipment of the items from foreign countries. SikhLink.net places all orders for it's items after receiving the full payments since all the items are shipped from the foreign countries on a pre-paid basis. Once the orders are placed, they cannot be cancelled or exchanged. SikhLink.net thus does not have a cancellation or return policy.

X. SEVERABILITY
     The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

ACKNOWLEDGMENT
     The Terms of Use, including all documents referenced herein, represents the entire understanding between you and SikhLink.net regarding your relationship with SikhLink.net and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the SikhLink.net web site. The aforementioned Terms of Use are subject to change.


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