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Terms of Use

Acceptance of Terms

 

Namaste Publishing Inc. ("Namaste") welcomes you.

Becoming a member of the Namaste site allows you to fully participate in the community through comments, discussion forums and any other services provided by Namaste. In return, we ask that you be resepctful of other people on the site and don't engage in aggressive language, spam or other illegal actions.

Namaste takes no responsibilty for how members use information related to health issues, whether physical, mental or emotional. Each member agrees that it is their responsibility to have any health issue diagnosed and treated by the appropriate, licensed, medical practitioner.

Namaste provides the Namaste Services to you subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at http://www.namastepublishing.com/terms-use. By accessing and using the Namaste Services, you accept and agree to be bound by the terms and provision of the TOU. In addition, when using particular Namaste owned or operated services (3rd party services), you and Namaste shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

Description of Namaste Services

Namaste provides users with access to various communications tools, forums, and shopping services (the "Namaste Services"). You understand and agree that the Namaste Services may include certain communications from Namaste, such as service announcements, administrative messages and the Namaste Newsletter, and that these communications are considered part of Namaste membership. You may, at your discretion, opt out of the Namaste Newsletter.

You understand and agree that the Namaste Services are provided "AS-IS" and that Namaste assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any member communications or personalization settings.

Namaste Services are freely accessible via the internet either from a computer or mobile device. You are responsible for any third-party fees (such as internet service or airtime charges), including those fees associated with the display or delivery of content. In addition, you must provide and are responsible for all equipment necessary to access the Namaste Services. You understand that the technical processing and transmission of the Namaste Services, including your "Content," may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Your Registration Obligations

In consideration of your use of the Namaste Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Namaste registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Namaste has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Namaste has the right to suspend or terminate your account and refuse any and all current or future use of the Namaste Services (or any portion thereof).

Namaste Privacy Policy

Registration Data and all other information submitted by you is subject to our applicable privacy policy. For more information, see the full Namaste Privacy Policy: http://www.namastepublishing.com/privacy

Member Account, Password, and Security

You will receive a password and account designation upon completing Namaste's registration process.

As a member, your privileges include access to ordering store items and participating in forums and discussions.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify Namaste of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Namaste cannot and will not be liable for any loss or damage arising from your failure to comply.

Member Conduct

You, and not Namaste, are responsible for all Content ("Content") that you upload, post, email, transmit or otherwise make available via the Namaste Services, whether publicly posted or privately transmitted, including all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials.

Namaste does not control the Content posted via the Namaste Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Namaste Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Namaste be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Namaste Services.

You agree not to use the Namaste Services to:

1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. Harm, or intend to harm, minors in any way;

3. Impersonate any person or entity, including, but not limited to, a Namaste official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Namaste Service;

5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas, such as shopping, that are designated for such purpose;

8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Namaste Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

10. Interfere with or disrupt the Namaste Services or servers or networks connected to the Namaste Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Namaste Services, including using any device, software or routine to bypass our robot exclusion headers;

11. Intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another;

12. And/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 11 above.

Namaste and its designees shall have the right to pre-screen, refuse, or remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Namaste or submitted to Namaste.

You acknowledge, consent, and agree that Namaste may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Namaste, its users and the public.

You understand that the Namaste Services and software embodied within the Namaste Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Namaste and/or content providers to the Namaste Services. You may not attempt to override or circumvent any of the usage rules embedded into the Namaste Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Namaste Services, in whole or in part, is strictly prohibited.

Content Submitted or Made Available for Inclusion on the Namaste Services

Namaste does not claim ownership of Content you submit or make available for inclusion on the Namaste Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Namaste Services, you grant Namaste the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Namaste Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Namaste Services solely for the purposes of providing and promoting Namaste. This license exists only for as long as you elect to continue to include such Content on the Namaste Services and will terminate at the time you remove or Namaste removes such Content from the Namaste Services.

2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Namaste Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Namaste Services solely for the purpose for which such Content was submitted or made available.

Indemnity

You agree to indemnify and hold Namaste and its affiliates, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Namaste Services, your use of the Namaste Services, your connection to the Namaste Services, your violation of the TOU, or your violation of any rights of another.

No Commercial Reuse of Namaste Services

You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Namaste Services (including Content, Software and your Namaste ID).

General Practices Regarding Use and Storage

You acknowledge that Namaste may establish general practices and limits concerning use of the Namaste Services, including without limitation the maximum number of days that comments, forum postings or other uploaded Content will be retained by the Namaste Services. You agree that Namaste has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted through the Namaste Services. You acknowledge that Namaste reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Namaste reserves the right to modify these general practices and limits at any time.

Modifications to Namaste's Services

Namaste reserves the right at any time to modify or discontinue, temporarily or permanently, the Namaste Services (or any part thereof) with or without notice. You agree that Namaste shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Namaste Services (or any part thereof).

Termination

You may terminate your Namaste account, any associated email address, and access to the Namaste Services by submitting such termination request to Namaste at customerservice@namastepublishing.com You agree that Namaste may, without prior notice, immediately terminate, limit your access to, or suspend your Namaste account, any associated email address, and access to the Namaste Services. Cause for such termination, limitation of access, or suspension shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Namaste Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) your engagement in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Namaste Services.

Further, you agree that all terminations, limitations of access, and suspensions for cause shall be made in Namaste's sole discretion, and that Namaste shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Namaste Services. Termination of your Namaste account includes any or all of the following: (a) removal of access to all or part of the offerings within the Namaste Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Namaste Services.

Links

The Namaste Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Namaste is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Namaste shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Namaste's Proprietary Rights

You acknowledge and agree that the Namaste Services and any necessary software used in connection with the Namaste Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Namaste Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Namaste, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Namaste Services, such Content or the Software, in whole or in part.

Disclaimer of Warranties

 You expressly understand and agree that:

1. Your use of Namaste Services is at your sole risk. Namaste Services are provided on an "as is" and "as available" basis. Namaste and its affiliates, employees, partners and licensors expressedly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

2. Namaste and its affiliates, employees, partners and licensors make no warranty that (i) The Namaste Services will meet your requirements; (ii) The Namaste Services will be uninterrupted, timely, secure or error-free; (iii) The results that may be obtained from the use of Namaste Services will be accurate or reliable; (iv) The quality of any products, services, information or other material purchased or obtained by you through Namaste will meet your expectations.

3. Any material downloaded or otherwise obtained through the use of the Namaste Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download and display device, or loss of data that results from the download of any such material.

4. No advice or information, whether oral, written, or otherwise obtained by you from Namaste or through or from the Namaste Services shall create any warranty not expressly stated in the TOU.

Limitation of Liability

You expressly understand and agree that Namaste and its affiliates, employees, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use or other intangible losses, resulting from: (a) the use or the inability to use the Namaste Service; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Namaste Service; or (e) any other matter relating to the Namaste Service.

Namaste takes no responsibilty for how members use information related to health issues, whether physical, mental, or emotional. The member agrees that it is their responsibility to have any health issue diagnosed and treated by the appropriate licensed medical practicioner.

Trademark Information

You agree that all of Namaste’s logo and brand features, and product and service names, are the property of Namaste Publishing Inc. Without Namaste's prior permission, you agree not to display or use in any manner the Namaste logo, brand features, products, service names and trademarks that are the property of Namaste.

Notice and Procedure for Making Claims of Copyright Infringement

Namaste respects the intellectual property of others, and we ask our users to do the same. Namaste may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Namaste's Copyright Agent (customerservice@namastepublishing.com) the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringed is located on the site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

General Information

Entire Agreement

The TOU constitutes the entire agreement between you and Namaste and governs your use of the Namaste Services, superseding any prior version of this TOU between you and Namaste with respect to the Namaste Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Namaste services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms

The failure of Namaste to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to honor the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Namaste Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

In using this website you are deemed to have read and agree to the above terms and conditions. In summary:

Privacy Statement: We are committed to protecting your privacy. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Namaste Publishing will only be in connection with the provision of agreed services and products.

Disclaimer — Exclusions and Limitations: The information on this web site is provided on an "as is" basis. Each member agrees that it is their responsibility to have any health issue diagnosed and treated by the appropriate licensed medical practicioner.

Copyright Notice: Copyright and other relevant intellectual property rights exist on all text relating to the Namaste Publishing services.

Communication: We have several different e-mail addresses for different queries. These and other contact information can be found on our Contact Us link at our website.

These terms and conditions form part of the Agreement between you, as a member of the site, and ourselves. Your accessing of this website indicates your understanding, agreement to, and acceptance, of the Disclaimer Notice and the full Terms of Use.

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