Term of use


PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BODHIST, INC. D/B/A “BODHIST”. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY Bodhist, INCLUDING, WITHOUT LIMITATION, THE Bodhist.COM WEBSITE AND DOMAIN NAME (“SITES”), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY Bodhist IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE”). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.

Acceptance of Terms

The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by Bodhist. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Bodhist from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

You represent and warrant that you are 18 years of age or older or using the Website under the supervision of a parent or guardian. You represent and warrant that the information you submit to us is true and accurate and that your use of the Service will not violate any applicable law or regulation.

Modification of Terms of Use

Bodhist reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

 

Privacy

Bodhist’s current Sites privacy statement is located at https://bodhist.com/privacy-policy/ (the “Privacy Policy”) and is incorporated into these Terms of Use. By using the Service, you expressly agree to and accept the Privacy Policy. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact privacy[at]bodhist.com.

 

Registration

As a condition to using certain aspects of the Service, you will be required to register with Bodhist and select a password and screen name (“Bodhist User ID”). You shall provide Bodhist with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Bodhist account. You shall not (i) select or use as a Bodhist User ID a name of another person with the intent to impersonate that person; (ii) use as a Bodhist User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Bodhist User ID a name that is otherwise offensive, vulgar or obscene.

Bodhist reserves the right to refuse registration of, or cancel a Bodhist User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Bodhist password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Bodhist in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites/Links

The Service may permit you to visit other websites or resources on the Internet via links made available on the Site, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Bodhist’s control, and you acknowledge that Bodhist is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Bodhist or any association with its operators. You further acknowledge and agree that Bodhist 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Copyright

Bodhist creates original images, photos and charts available under the Creative Commons Attribution Non-Commercial License, for non-commercial reproduction with credit to Bodhist. All product images in the store are created by Bodhist and can be used without permission (For anything but for the use of selling a product). For all other images please check with us before using to make sure that we hold all the necessary rights.  All written texts are copyright by Bodhist and cannot be copied without our written permission.

 

Purchases

All items purchased from Bodhist are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Bodhist attempts to be as accurate as possible with all product descriptions. However, Bodhist does not warrant that product descriptions or other site content are accurate, complete, reliable, current, or free of errors. If a product offered by Bodhist is delivered to you in a defective condition, please send an email to support@bodhist.com within 48 hours of receiving the shipment. We will either replace the defective product or issue a full refund.

 

Risk of Loss

All items purchased from The Grommet are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

User Submissions

The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Services (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service, you agree to the following:

  • By submitting the User Submissions to Bodhist, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, you hereby do and shall grant Bodhist a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display and perform in connection with the Sites, the Service, and Bodhist’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Submissions through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to Bodhist does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Bodhist (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and
  • You acknowledge and agree that: (i) without limiting the licenses granted by you to Bodhist with respect to your User Submissions, Bodhist shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) Bodhist will not be liable for any errors or omissions in any content; and (iv) Bodhist cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

You hereby grant Bodhist a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to Bodhist relating to the operation of the Service.

Bodhist does not endorse and has no control over any User Submission. Bodhist cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Bodhist has no obligation to monitor the Site, Service, Content, or User Submissions. Bodhist may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.

Under no circumstances will Bodhist be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. Bodhist is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.

Termination

Bodhist may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.

This website may include links to other websites. These links are provided for your convenience. We have no responsibility for the content of the linked websites.

General Content Disclaimer

Bodhist makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. By using the Service, you agree that Bodhist shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

Limitation of Liability

Bodhist WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to defend, indemnify and hold harmless Bodhist, and its directors, employees, agents, independent contractors, service providers and consultants (collectively, the “DG Parties”) from and against any third party claims, damages, loss, liability, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Website and any discussion forums or interactive areas contained herein, including any actual or threatened suit, demand, or claim made against any of the DG Parties arising out of or relating to your use of the Website, your Submissions, your violation of these Terms of Use, or your violation of the rights of any third party. You also agree to indemnify the DG Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

Miscellaneous

Bodhist shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bodhist’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Bodhist’s prior written consent. Bodhist may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

If you have any questions or concerns regarding privacy, please contact us.

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