Terms of Use Agreement

 

READ CAREFULLY. These Terms and Conditions of Use Agreement (the "Terms of Use" or "Use Agreement") apply to use of the Osho.com website located at http://www.Osho.com (the "Site"). The Site is the property of Osho International Foundation. These Terms of Use will govern your customer account. BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

Osho International Foundation reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Osho International Foundation grants you ("End User") a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. If there is conflict between these Terms of Use and the terms posted for a specific service, feature or transaction offered on the Site, the latter terms shall control regarding that specific service, feature or transaction.

 

  1. Content. All content, audio talks (downloaded or samples), software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, and artwork (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Osho International Foundation, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.

    Except as expressly provided in these Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Osho International Foundation's prior express written consent.

  2. Use of Content Must Be Limited. To ensure that Osho International Foundation receives fair payment for the works of Osho in order to make the works of Osho more widely available and to keep prices low, Osho International Foundation must limit uses of Content to what is reasonably necessary for personal enjoyment. Read carefully the "Content Use Rules" immediately below to learn the specific uses of downloadable audio talks and ebooks ("Digital Downloads") that are permitted.

  3. Content Use Rules. All downloaded audio talks, images, video, artwork, text, software and other copyrightable materials ("Content") are sublicensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" on the Site or this Agreement. Your Digital Download sublicense is nonexclusive, nontransferable, nonsublicensable.

    Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, dissassemble, modify or disable any copy protection or use limitation systems associated with the Works. You have a nontransferable, nonexclusive, nonsublicensable license to only use the Digital Downloads for personal use as specified in the above Content Use Rules. You may not play and then redigitize any Works, or upload those Works to the Internet. You may not create any "derivative works" by altering any of the Content. You may not use the Works in conjunction with any other third-party content (e.g., to provide sound for a film). You may not purchase more than fifty (50) Digital Downloads from a at one time. You may not exploit any such Content or for commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You may not transfer or distribute Digital Downloads except as stated in the Content Use Rules and as limited according to the individual works' MetaData Information. Except as expressly stated as an authorized use under the Content Use Rules, no other uses are permitted. You further agree to indemnify and hold harmless Osho International Foundation for your failure to comply with this section.

  4. Accounts, Passwords and Security. Certain services offered on or through the Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Osho International Foundation immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Osho International Foundation or any other user of the Site due to someone else using your password or account. You may not use anyone else's password or customer account at any time.

    You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your account will be terminated.

  5. Accuracy of My Account Information. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process.

  6. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to see at http://www.osho.com/Copyright4.cfm , you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of Digital Downloads or any other products, you represent that you have first read our Privacy Policy and consent to our collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information. To make a purchase, you must at least disclose to us all of the following: (i) your name, (ii) billing address including zip code or equivalent, (iii) transaction data including credit card number and titles of audio talks/ebooks purchased. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

  7. Consent To Our Communication With You By E-Mail. By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for Osho International Foundation to contact you at your e-mail address.

  8. Account Termination. Osho International Foundation may terminate these Terms of Use for any reason at any time.

    You also agree that Osho International Foundation may, in its sole discretion and without prior notice to you, terminate for cause your access to the Site, which includes (but is not limited to): (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting Digital Downloads, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms of Use, (5) failure to pay for purchases, (6) copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.

    You agree that Osho International Foundation will not be liable to you or to any third party for termination of your access to the Site. The following provisions of these Terms of Use shall survive termination, whether for convenience or cause: "Content," "Content Use Rules," "Prohibited Uses of Digital Downloads," "Consent to Collection, Use and Disclosure of Your Personal Information," "Consent to Our Communication With You By E-mail," "Disclaimer of Warranties," and "Limitation of Liability."

  9. Disclaimer of Warranties. THE WEBSITE, AUDIO TALK SAMPLES, "DIGITAL DOWNLOADS," SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF OSHO INTERNATIONAL FOUNDATION'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR SEVEN (7) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, OSHO INTERNATIONAL FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE OSHO.COM WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

  10. LIMITATION OF LIABILITY.THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND/OR DOWNLOADING OF AUDIO BOOK AND/OR EBOOK FILES OR THEIR USE REMAINS WITH YOU. IN NO EVENT SHALL OSHO INTERNATIONAL FOUNDATION OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE OSHO.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OSHO.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF OSHO INTERNATIONAL FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT OSHO INTERNATIONAL FOUNDATION SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO OSHO INTERNATIONAL FOUNDATION BY END USER.

  11. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Osho International Foundation Inc. ("Osho International Foundation") will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Osho International Foundation and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Osho International Foundation will terminate the infringing customer's account. Osho International Foundation may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Osho International Foundation has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Osho International Foundation respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Osho.com website, please via e-mail to audiobookclub@osho.com.

    Any written notice describing the infringing activity must include the following information:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
    2. A description of the allegedly infringing work or material;
    3. A description of where the allegedly infringing material is located on the site;
    4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
    6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

  12. Governing Law. You agree that all matters relating to your access to or use of or purchases made from the Site, including all disputes arising out of these Terms of Use, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York City, NY. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.
Last modified: February 19, 2005
 

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