Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing this website, you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, "we", "us", "our," and “organizers” refers to Indo American Community of USA, and "you" and "your" refers to you, the user of Our Website.
We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.
You expressly understand and agree that: (a) this site and any of the services are provided on an "as is" and "as available" basis and that this site makes no warranties, representations or conditions (as used in this section "warranties") of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, and (b) this site specifically makes no warranties that it or any of its services, including any content, information, products or services obtained from or through the use of this site or any of the services, will be provided on an uninterrupted, timely, secure or error-free basis or that such services or the results derived therefrom will meet your requirements or expectations.
Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
We own all of the text, images, software, trademarks, service marks and other material contained on Our Website. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No Reliance on Information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up-to-date.
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or attending any events featured or (b) any injury; death; loss; claim; act of God; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits, loss of anticipated savings, business interruption, loss of business opportunity, goodwill or reputation, etc), whether based in contract, tort including NEGLIGENCE, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, events or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website in applying for event access or in participating in any contests, auditions, or offerings; or (iii) the performance or nonperformance by us or any volunteer, family member or agent, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We assume no responsibility or liability for any products or services provided by third parties listed on this website. Should you decide to appoint any of these organizations to work for you; the contract will be directly between you and the organization on their terms and conditions. We have no contractual involvement, and will not be liable in contract or otherwise for the products and services provided to you by these organizations.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please write to [email protected].
Uploading Content to our Site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
Notify Us of Infringers
If you believe any of the services violate your copyright, please notify [email protected] in writing.
In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
We cannot take action unless you give us all the required information.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer software and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Passes for the event will be processed after vetting and verification. Occasionally, we receive incorrect information that can delay processing and delivery. In these cases, the organizers will attempt to contact you, using the information provided at the time of sign-up. If the organizer is unable to reach you after its initial attempt, organizer may cancel your pass request and re-assign passes to other patrons without further notice.
Unlawful resale of tickets/passes
Unlawful resale of tickets/passes (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket/pass shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the organizer, provided that even if such consent is obtained, any use of organizer's trademarks and other intellectual property is subject to the organizer’s consent.
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees, volunteers, and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Events, or the Intellectual Property.
We may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
Any controversy arising from or in any way related to these Terms or your use of Our Website shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its rules then applicable to the dispute. The disputes which must be arbitrated expressly include any dispute about the validity of this Agreement. Any arbitration shall take place in San Jose, CA, or as otherwise agreed by the parties or determined by the arbitrator. This clause shall not preclude either party from seeking temporary injunctive relief from a court of competent jurisdiction.
In any such controversy, the arbitrator may grant any relief, legal or equitable, interim or final, which could be granted by a court of competent jurisdiction. Further, the parties shall have the right to enforce these Terms and to recover their respective costs and attorney fees incurred in enforcement, including any confirmation, modification, or vacatur proceeding or appeal from such proceeding.
You expressly agree and understand that such arbitration proceedings are mandatory, final, and binding and that the mutual obligation to arbitrate includes (without limitation) arbitration of all claims under any federal, state, or local law.
Notwithstanding any contrary provision in these Terms, no party shall have the right to arbitrate or otherwise bring any controversy as a class or collective action, as a qui tam action, or as a representative of any other person, and no party will have any right, as to the other party, to participate in a class or collective action; act as a class representative, class member, or opt-in party; bring a qui tam action; or otherwise join or consolidate the party’s claims with those of any third party.
These Terms and your use of Our Website shall be construed and enforced in accordance with the laws of the State of California, but without regard to laws or principles of conflicts of laws that would cause application of the laws of another jurisdiction. The parties hereby consent to the exclusive venue of the proper state or federal court located in San Jose, California and hereby waive all other venues.
If you have any queries regarding the above terms and conditions, please write to [email protected].