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DISCLAIMERTERMS OF USE INCLUDING PRIVACY POLICY AGREEMENT BETWEEN USER AND Harmony DisplayTERMS OF USEPlease read this agreement ("Agreement") carefully before accessing orusing this web site ("Site"). By accessing or using the Site, you agreeto be bound by this Agreement. Harmony Display, its consultants, authorsand suppliers provide the information and services (''Services'') onthis Site to you, the User, conditioned on your acceptance withoutmodification of the terms, conditions and notices contained herein.Your use of these Sites constitutes your agreement to all such terms,conditions and notices. The information and Services offered on thisSite are provided with the understanding that neither Harmony Display norits suppliers are engaged in rendering legal or other professionalServices or advice. Your use of the Site is subject to the additionaldisclaimers and caveats that may appear throughout the Site.Harmony Display, its consultants, authors and its agents assume noresponsibility for any consequence relating directly or indirectly toany action or inaction that you take based on the information, Servicesor other materials on this Site. While Harmony Display strives to keepthe information on this Site accurate, complete and up-to-date,Harmony Display and its suppliers cannot guarantee, and will not beresponsible for any damage or loss related to, the accuracy,completeness or timeliness of the information.PERSONAL AND NON-COMMERCIAL USE LIMITATION:PROHIBITED USESYou may access, download and print materials on this Site for yourpersonal and non-commercial use. You may not modify, copy, distribute,transmit, display, perform, reproduce, publish, license, createderivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of Users,databases or other lists, products or Services obtained from this Site.The foregoing prohibition expressly includes, but is not limited to,the practices of "screen scraping" or "database scraping" to obtainlists of Users or other information. If and when requested byHarmony Display, you agree to provide true, accurate and complete Userinformation and to refrain from impersonating or falsely representingyour affiliation with any person or entity. Except with the priorwritten permission of Harmony Display, you agree to refrain fromaccessing or attempting to access password protected, secure ornon-public areas of this Site. Unauthorized individuals attempting toaccess prohibited areas of this Site may be subject to prosecution.PROPRIETARY RIGHTSAll materials on this Site (as well as the organisation and layout ofthe Site) are owned and copyrighted or licensed by Harmony Display, itsaffiliates or its suppliers. © Copyright Harmony Display, 2003. Allrights reserved. No reproduction, distribution, or transmission of thecopyrighted materials on this Site is permitted without the priorwritten permission of Harmony Display.TRADEMARKSHarmony Display and other Harmony Display logos, product and service namesare trademarks owned by/licensed to Harmony Display, or its affiliates(the "Marks"). Without the prior written permission of Harmony Display,or its appropriate affiliates, you agree not to display or use in anymanner, the Marks. All other trademarks are the property of theirrespective owners.NO UNLAWFUL OR PROHIBITED USEAs a condition of your use of this Site, you warrant to Harmony Displaythat you will not use this Site for any purpose that is unlawful orprohibited by these terms, conditions, and notices. You may not use theHarmony Display Site/Services in any manner which could damage, disable,overburden, or impair any Harmony Display Site/ Services (or thenetwork(s) connected to any Harmony Display Site/Service(s)) or interferewith any other party's use and enjoyment of any Harmony DisplaySite/Service(s). You may not attempt to gain unauthorised access to anyHarmony Display Site/Services, other accounts, computer systems ornetworks connected to any Harmony Display Site/Services,through hacking, password mining or any other means. You may not obtainor attempt to obtain any materials or information through any means notintentionally made available through the Harmony Display Site/Services.If you violate any of these terms, your permission to use the Siteautomatically terminates and you may be subjected to criminal and civilliability.ELIGIBILITYYou warrant that you are at least eighteen (18) years of age andpossess the legal authority to enter into this agreement and to buyitems and use any other Services offered on this Site in accordancewith all terms and conditions herein. If you are buying goods or usingthe Services, you further warrant that you have legal authority toenter into other binding agreements for the purchase of goods or use ofServices. You agree to be financially responsible for all of your useof the Services (as well as for use of your account by others,including without limitation minors living with you). You agree andundertake to supervise and be responsible for all usage of minors ofthe Services under your name or account. You also warrant that allinformation supplied by you or members of your household in using theServices, including without limitation your name, email address, streetaddress, telephone number, credit card number is correct and accurate.Failure to provide accurate information may subject you to civil andcriminal penalties. MEMBER ACCOUNT, PASSWORD AND SECURITYIf a particular Harmony Display Site/Service requires the User to open anaccount, the User must complete the registration process by providingcurrent, complete and accurate information as prompted by theapplicable registration form. The User then will choose a password andan User name. The User is entirely responsible for maintaining theconfidentiality and secrecy of his/ her password and account.Furthermore, the User is entirely responsible for any and allactivities that occur under his/ her account. The User agrees to notifyHarmony Display immediately of any unauthorised use of the account or anyother breach of security. Harmony Display will not be liable for any lossthat the User may incur as a result of someone else using the User'spassword or account, either with or without User's knowledge. However,the User shall be held liable for losses incurred by Harmony Display oranother party due to someone else using the User's account or password.The User may not use anyone else's account at any time, without theprior written permission of the account holder. LIABILITY DISCLAIMERYou use this Site at your own risk. If your use of this Site or thematerials therein results in the need for servicing or replacingproperty, material, equipment or data, neither Harmony Display nor itsaffiliates are responsible for those costs.CHANGES ARE PERIODICALLY MADE AND ADDED TO Harmony Display WEBSITE AND TOTHE INFORMATION HEREIN. Harmony Display, ITS AFFILIATES AND/OR ITSRESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITEAT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "ASIS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL Harmony Display, ITSAFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUTNOT LIMITED TO LOSS OF USE, REVENUE OR PROFIT ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITYTO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICESOBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THISSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OROTHERWISE, EVEN IF Harmony Display, ITS AFFILIATES OR ANY OF ITSSUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOMESTATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONMAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THEINDIAYOGI. COM SITE/ SERVICES OR WITH ANY OF THESE TERMS OF USE, YOURSOLE AND EXCLUSIVE REMEDYIS TO DISCONTINUE USING THE INDIAYOGI. COM SITE/ SERVICES.THE Harmony Display WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTSAND RECOMMENDATIONS OF USERS OF THE Harmony Display WEB SITE,ADVERTISERS, THIRD PARTY INFORMATION PROVIDERS AND ORGANIZATIONS. THEINDIAYOGI WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY,COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHERINFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE.YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE,STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.Harmony Display MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDINGTHE WEB SITE OR ANY CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDEDTHROUGH OR IN CONNECTION WITH THE WEB SITE. YOU ACKNOWLEDGE THAT ANYUSE OF SUCH CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGHOR ON THE Harmony Display WEB SITE SHALL BE AT YOUR SOLE RISK.Harmony Display EXPRESSLY STATES THAT Harmony Display SHALL NOT BERESPONSIBLE OR HELD LIABLE FOR ANY CONTENT, ADVERTISING, SERVICES ORPRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE.Harmony Display EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS ORIMPLIED, INCLUDING, WITHOUT LIMITATION:(A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS ORCONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THEHarmony Display WEB SITE; AND(B) WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITYOR WORKMAN EFFORT OR TITLE OR AGAINST INFRINGEMENT. IN NO EVENT WILLHarmony Display, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS ORCONTRACTORS, BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDINGWITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL ORPUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE INDIAYOGI WEB SITE,ITS PUBLIC POSTING BULLETING BOARDS, ITS CONTENT OR ANY ERRORS OROMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.THE PRODUCTS, CONSULTATIONS AND SERVICES OFFERED ON Harmony Display ARENOT TO BE UNDERSTOOD AS A SUBSTITUTE FOR THE ACCURATE AND APPROPRIATEMEDICAL OR PSYCHOLOGICAL ASSESSMENT, DIAGNOSIS OR TREATMENT PRESCRIBEDIN A ONE-ON-ONE RELATIONSHIP WITH A PHYSICIAN OR MENTAL HEALTHPROFESSIONAL. Harmony Display DOES NOT DISPENSE MEDICAL OR PSYCHOLOGICALTREATMENT OR PRESCRIBE THE USE OF ANY TECHNIQUE AS A FORM OF TREATMENTFOR PHYSICAL, EMOTIONAL OR MEDICAL PROBLEMS AS AN ALTERNATIVE TO THEADVICE OF A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. IF YOU HAVE, ORFEEL YOU HAVE, A MENTAL, EMOTIONAL OR PHYSICAL ILLNESS, OR IF YOURSITUATION COULD BE SERIOUS OR LIFE-THREATENING, YOU SHOULD CONTACT APHYSICIAN OR MENTAL HEALTH PROVIDER IMMEDIATELY.(C) ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.INDEMNIFICATIONYou agree to indemnify, defend and hold harmless Harmony Display, itsparents, subsidiaries, affiliates and suppliers, officers and employeesfrom any liability, loss, claim, demand, damage and expense (includingattorneys' reasonable fees) related to your violation of thisAgreement. DISCLOSUREHarmony Display reserves the right to disclose any personal informationabout you or your use of the Harmony Display Site/Services, including itscontents, without your prior permission if Harmony Display has a goodfaith belief that such action is necessary to: (1) conform to legalrequirements or comply with legal process; (2) protect and defend therights or property of Harmony Display or its affiliated companies; (3)enforce the terms or use; or (4) act to protect the interests of itsmembers or others. Harmony Display's performance of this Agreement issubject to existing laws and legal process, and nothing contained inthis Agreement is in derogation of indiayogi. com's right to complywith governmental, court and law enforcement requests or requirementsrelating to your use of the Harmony Display Site/Services or informationprovided to or gathered by Harmony Display with respect to such use.Harmony Display has the right in its sole discretion to edit, refuse topost or to remove any information or materials,in whole or in part. USE OF SERVICES:The Harmony Display Site/Services may contain e-mail services, bulletinboard services, chat areas, news groups, forums, communities, personalweb pages, calendars, photo albums, file cabinets and/or other messageor communication facilities designed to enable you to communicate withothers (collectively, "Communication Services"). Harmony Display has noobligation to monitor the Communication Services. However,Harmony Display reserves the right to review materials posted to aCommunication Service and to remove any materials in its solediscretion. Harmony Display reserves the right to terminate your accessto any or all of the Communication Services at any time, withoutnotice, for any reason whatsoever.Caveat:Harmony Display undertakes no obligations for confidentiality ofinformation provided by you and you would do so entirely at your solerisk. Always use caution when giving out any personally identifyinginformation about yourself or your children in any CommunicationService. Harmony Display does not control or endorse the content,messages or information found in any Communication Service and,therefore, Harmony Display specifically disclaims any liability withregard to the Communication Services and any actions resulting fromyour participation in any Communication Service. Managers and hosts arenot authorized Harmony Display spokespersons, and their views do notnecessarily reflect those of Harmony Display. Materials uploaded to aCommunication Service may be subject to posted limitations on usage,reproduction and/or dissemination, you are responsible for adhering tosuch limitations if you download the materials. MATERIALS PROVIDED TOHarmony Display OR POSTED AT ANY Harmony Display'S WEB SITE Harmony Displaydoes not claim ownership of the materials you provide to Harmony Display(including feedback and suggestions) or post, upload, input or submitto any Harmony Display Site/Service or its associated services for reviewby the general public (each a "Submission" and collectively"Submissions"). However, by posting, uploading, inputting, providing orsubmitting your Submission you are granting Harmony Display, itsaffiliated companies and necessary sublicenses permission to use yourSubmission in connection with the operation of their Internetbusinesses including, without limitation, the rights to: copy,distribute, transmit, publicly display, publicly perform, reproduce,edit, translate and reformat your Submission; and to publish your namein connection with your Submission. No compensation will be paid withrespect to the use of your Submission, as provided herein.Harmony Display is under no obligation to post or use any Submission youmay provide and Harmony Display may remove any Submission at any time inits sole discretion. PRIOR PERMISSION OF Harmony DisplayPermission to use any documents (such as articles and other text) andrelated graphics (such as images, photographs, maps, charts, andillustrations) available from Harmony Display is granted, provided that(1) the proper credit and Harmony Display copyright notice appears on allcopies; (2) use of the documents and graphics available from this WebSite is for informational and non-commercial or personal use only; and(3) no documents or graphics, including logos, available fromHarmony Display are modified in any way. Use for any other purpose isexpressly prohibited by law, and may result in severe civil andcriminal penalties. Violators will be prosecuted to the maximum extentpossible.LINKS TO THIRD PARTY SITESThis Site may contain hyperlinks to web sites operated by parties otherthan Harmony Display, or its affiliates. For example, clicking on acategory in the Yogi Pilgrim section on Harmony Display may bring you toa site operated by a party independent of Harmony Display, or itsaffiliates. Such hyperlinks are provided for your reference only.Harmony Display does not control such web sites, and is not responsiblefor their contents, including without limitation any link contained inthe hyperlinks or any changes or updates ofhyperlinks. Inclusion of hyperlinks by Harmony Display to such web sitesdoes not imply any endorsement of the material on such web sites or anyassociation with their operators, and you access and use such sites,including information, material, products and Services therein, solelyat your own risk. Harmony Display shall not be responsible for webcastingor any other form of transmission received from any hyperlink nor isHarmony Display responsible, if the hyperlink is not workingappropriately.Furthermore, because the privacy policy you just read is applicableonly when you are on our Site, once linked to another web site, youshould read that site's privacy policy before disclosing any personalinformation.Harmony Display shall not be responsible for any dealings with thirdparties (including advertisers) included within the Harmony DisplaySite/Services or participation in promotions, including the delivery ofand the payment for goods and Services, and any other terms,conditions, warranties or representations associated with such dealingsor promotions, as these dealings are solely between the User and theadvertiser or other third party. CHANGES TO SITEHarmony Display, its affiliates consultants, authors and/or its suppliersreserves the rights to make improvements or changes in the information,Services, products, and other materials on this Site including but notlimited to charges associated with the use of Site, or terminate thisSite, at any time without notice. Harmony Display, may modify thisAgreement at any time, and such modifications shall be effectiveimmediately upon posting of the modified Agreement. Accordingly, youagree to review the Agreement periodically, and your continued accessor use of this Site shall be deemed your acceptance of the modifiedAgreement. GENERAL TERMS AND CONDITIONS:• Harmony Display shall provide the Services / merchandise only after thereceipt of 100% payment in advance. • After receipt of advance payment,if any of the services offered by Harmony Display could not be undertakenfor reasons not attributable to the User, the advance payment would berefunded to the User subject to any law which may govern such transferof money. No refund will be permissible if the Services contractedcould not be conducted for reasons attributable to the User.Harmony Display does not guarantee and shall not be responsible for theaccuracy of these predictions/readings. Harmony Display passes on allpredictions/readings of the astrologers/tarot card readers and theirrecommendations to the Users with the best of intentions. Harmony Displaydoes not accept any liability whatsoever on account of thepredictions/readings except to the extent of passing on thesepredictions/readings to the User. • Any liability on Harmony Display onany account shall be restricted to the value of the service/product inquestion. Harmony Display shall not be responsible for anyloss/claim/damage whatsoever beyond this value. • Prices quoted byHarmony Display for various Services/merchandise include expensesincurred by Harmony Display for procuring the Services/merchandise, banktransaction charges, communication charges, courier charges etc.,except where it is indicated otherwise. • Prices quoted in US dollarsare indicative only. However, due to exchange rate fluctuations, theactual price payable in US dollars by the User may vary from theindicated price. Users are requested to note that this is a requirementof the credit card issuing companies, and Harmony Display does not havemuch control over this matter. • Harmony Display reserves the right torevise the prices at any time at its sole discretion without anynotice. However, the User would be liable to pay only at the pricesprevailing at the time of acceptance of his order by Harmony Display. •These General Terms and Conditions (GTC) would be in addition to anyother Special Terms and Conditions (STC) which may be specified byHarmony Display for any particular service(s). • These GTC would be validfor all transactions with Harmony Display done through this portal unlessspecified otherwise for any particular transaction(s). • In the eventthat any GTC contained herein are in conflict with the STC or otherterms and conditions contained with any particular indiayogi. com Site,then these terms shall prevail.Language of the AgreementIt is the express will of the parties that this Agreement and allrelated documents have been drawn up in English.Governing LawThis Agreement shall be governed by, interpreted, and enforced inaccordance with the substantive laws of the India and disputes arisingin respect hereto shall be subject to the exclusive jurisdiction of therelevant courts of Mumbai.No AgencyThis Agreement shall not constitute any party as the legalrepresentative or agent of any other, nor shall any party have theright or authority to assume, create or incur any liability orobligation, express or implied, against, in the name of, or on behalfof another party. Except as may be expressly set forth herein, thisAgreement is not intended to create and shall not be construed tocreate a relationship or partnership, joint venture or associationbetween the parties.Partial InvalidityIf any provision of this Agreement or the application thereof to anyperson or circumstance is or becomes invalid or unenforceable to anyextent, the remainder of this Agreement and the application of suchprovision to persons or circumstances other than those as to which itis held invalid or unenforceable, shall not be affected thereby, andeach provision of this Agreement shall be valid and enforceable to thefullest extent permitted by law. Any invalid or unenforceable provisionof this Agreement shall be replaced with a provision which is valid andenforceable and most nearly gives effect to the original intent ofunenforceable provision.
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