The website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the website.
Table of Contents
- Use of the Website
- Information on the Website
- User Representations
- Prohibited Activities
- Intellectual Property Rights
- Contribution License
- Website Management
- Modifications and Interruptions
- Third Party Websites and Content
- Term and Termination
- Governing Law
- Dispute Resolution
- Limitations of Liability
- Electronic Communications and Signatures
1. Use of the Website
I reserve all rights not expressly granted to you in and to the website, content, and marks.
Any breach of the Intellectual Property Rights will constitute a material breach of the Terms and Use and your right to use the website will terminate immediately.
2. Information on the Website
The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject me to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The website is not tailored to comply with industry-specific regulations, including but not limited to, Health Insurance Portability and Accountability Act, Federal Information Security Management Act, et cetera, so if your interactions would be subjected to such laws, you may not use the website. You may not use the website in a way that would violate the Gramm-Leach-Bliley Act.
3. User Representations
By using the website, you represent and warrant that:
- You are not a minor in the jurisdiction in which you reside.
- You will not access the website through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the website for any illegal or unauthorized purpose.
- Your use of the website will not violate any applicable law or regulation.
4. Prohibited Activities
You may not access or use the website for any purpose other than that for which I make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.
As a user of the website, you agree not to:
- Systematically retrieve information from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from me.
- Trick, defraud, or mislead me and other users, especially in any attempt to learn sensitive information such as passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and /or the content contained therein.
- Disparage, tarnish, or otherwise harm, in my opinion, me and / or my website.
- Use any information obtained from the website in order to harass, abuse, or harm another person.
- Use the website in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the website.
- Engage in any automated use of the system, such as using any data mining, robots, or similar information gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any content.
- Upload or transmit, or attempt to upload or to transmit, any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, 1×1 pixels, web bugs, cookies, or other similar devices, sometimes referred to as 'spyware'.
- Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
- Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or use or launch any unauthorized script or other software.
- Make any unauthorized use of the website, including collecting usernames and / or email addresses of users by electronic or other means for the purpose of sending unsolicited emails by automated means or under false pretenses.
- Use the website as part of any effort to compete with me or otherwise use the website and / or the content for any revenue-generating endeavor or commercial enterprise.
5. Intellectual Property Rights
I am the owner or the licensee of all intellectual property rights in the website, including all source code, databases, functionality, software, website designs, audio, video, text, images, photographs, and illustrations in the website (collectively, "content"), as well as the trademarks, service marks, and Dhruv Avdhesh and Celebrating Failure logos (collectively, "marks") contained therein, unless noted otherwise.
My content and marks are protected by copyright, trademark, and various other intellectual property rights and unfair competition laws, and treaties in the United States, India, and around the world. The content and marks are provided in or through the website as is for your personal non-commercial use. No part of the website shall be used, reproduced, or transmitted, other than its intended purpose, in any manner by electronic or mechanical means including information storage and retrieval systems whatsoever without prior written permissions.
All third party logos of, including but not limited to, Amazon, Apple, BW Businessworld, Google, Hindustan Times, The New Indian Express, The Times of India, et cetera, are the intellectual property of their respective owners and are used on the website for informational purposes only. No copyright or any other infringement intended.
All the images and / or illustrations of work done by me for, including but not limited to Centific, NYU Tandon School of Engineering, Fit India Trust, Microsoft, Boondh, Grand Slam Fitness, TEDxTughlaqRd, Conquerem, Human Circle, et cetera, showcased in the Work section of the website is the intellectual property of their respective owners and are used on the website for informational purposes only. No copyright or any other infringement intended.
Kindly note that some of the images, photographs, or illustrations on the website may have been downloaded free of cost under Creative Commons licenses or otherwise, in which case they remain the intellectual property of their respective owners. No copyright or any other infringement intended.
6. Contribution License
7. Website Management
I reserve the right, but not the obligation, to:
- In my sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to my systems.
- Otherwise, manage the website in a manner designed to protect my rights and property and to facilitate the proper functioning of the website.
8. Modifications and Interruptions
I reserve the right to change, modify, or remove the contents of the website at any time or for any reason, or for no reason at my sole discretion without notice. However, I have no obligation to update any information on my website. I will not be liable to you or any third party for any modification, suspension, or discontinuance of the website.
There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
10. Third Party Websites and Content
12. Term and Termination
13. Governing Law
14. Dispute Resolution
- Any arbitration shall be limited to the dispute between you and me individually.
- No arbitration shall be joined with any other proceeding.
- There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures.
- There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration:
- Any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights.
- Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
- Any claim for injunctive relief.
The website is provided on an as-is and as-available basis. You agree that your use of the website will be at your sole risk. To the fullest extent permitted by law, I disclaim all warranties, express or implied, in connection with the website and your use thereof, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. I make no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to my website and I will assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content and materials.
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website.
- Any unauthorized access to or use of my secure servers and / or any and all personal information stored therein.
- Any interruption or cessation of transmission to or from the website.
- Any bugs, viruses, or trojan horses that have been transmitted to or through the website by any third party.
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
I do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website featured in any banner or other advertising, and I will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services.
You agree to defend, indemnify, and hold me harmless, including my subsidiaries, and affiliates from and against any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of:
- Use of the website.
- Your violation of the rights of a third party, including but not limited to, intellectual property rights.
- Any overt harmful act toward any other user of the website with whom you connected via the website.
Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate, at your expense, with my defense of such claims. I will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. Limitations of Liability
In no event will I be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if I have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, my liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to ₹1000. Certain United States state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
18. Electronic Communications and Signatures
Visiting the website, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications I provide to you electronically, via email, and on the website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by me or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or the granting of credits by any means other than electronic means.
Assignment: I may assign any or all of my rights and obligations to others at any time.
Force Majeure: I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond my reasonable control.
In order to resolve a complaint regarding the website or to receive further information regarding the use of the website, please contact me at firstname.lastname@example.org.