Terms of Use
Ownership of the site
All intellectual property rights in the materials contained in this website belong to Doina "Day" Berndt, dba Kalyana Design (herein and in all documents on this website referred to as “us”, “we”, “our”) or her licensors, and your use of this website and the information available through it are subject to these terms of use as amended from time to time. By using our website, you accept these terms and conditions in full.
The material on this site may only be reproduced or re-used for internal, non-commercial purposes, unless such material is only available to users who have purchased a service from us, in which case the material may only be used as provided for by the terms of business under which that service was purchased. This means you may download, view, copy and print pages from this website, but only for your own personal use subject to your agreement not to:
Republish material from this website.
Sell, rent or sub-license material from this website.
Reproduce, or otherwise exploit material from this website for commercial or non-commercial purpose.
Redistribute material from this website except for content specifically and expressly made available for redistribution.
Not to modify material from this website such as by defacing or removing our copyright notice from print outs
Implicit consent
By purchasing any digital product or service from the website, you implicitly agree that you are granted a nonexclusive, nontransferable, revocable, limited license to view and download content retrieved from the website for your personal use. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, for free or for sale the content retrieved from the Website in any way, for any commercial or noncommercial use or provide it to any entity or individual, including other websites, without the prior written permission of the Artist.
Website Use
You agree to not:
- use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, any user's ability to engage in real-time activities through this Website;
- use any robot, spider or other automatic device, process or means to access this Website for any purpose, including to scrape, data mine, monitor or copy any of the material on this Website;
- use any manual process to monitor or copy any of the material on this Website, or to engage in any other unauthorized purpose without the express prior written consent of Artist;
- otherwise use any device, software or routine that interferes with the proper working of this Website; or
- otherwise attempt to interfere with the proper working of this Website.
Electronic Communication
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Disclaimer
This site contains useful information using our opinions and ideas. Whilst we try to ensure that the information on this site is correct, we do not warrant its completeness or accuracy. The material on this site is intended for information purposes, and does not constitute licensed expert advice for the matters it discusses. Therefore, please do not use this site unless you agree that any action you take in reliance on the information here given is entirely at your own risk. We expressly disclaim any and all warranties, express or implied as to the accuracy or reliability of any information obtained from the website or its contents, and you agree to use the website and its contents at your own risk.
Virus checking
As much as the website owner is very up to date with all the security (malware) threats and takes all possible precautions, the malware threat in the virtual world often can get over any and all security measures. so that as much as we take all possible precautions, due to unforseeable circumstances, we cannot guarantee that documents or files downloaded from this website will be free from viruses or malware and do not accept any responsibility for damage or loss caused by any such virus or malware. For your own protection you must use virus checking software when using this website, and we ask that you virus check any document or file which you intend to post or provide to us via this website.
Links
You may create a link to our website subject to any such link not being misleading, such as implying that the material is yours. Your link text should make it clear you are linking to our material and where possible should include the name of our website or of the artist. You must not frame the content of this website or in any way imply that we endorse your website. You agree to delete any links to our website that are within your control, should we request you to do so.
If you decide to access any third party websites linked to by this site, you do so entirely at your own risk. We provide these links merely as a convenience and their inclusion does not imply that we endorse or accept any responsibility for the content or use of such websites.
Disputes
Any dispute arising between you and us in relation to this website shall be governed by English law and you submit to the exclusive jurisdiction of Civil Court of the state of Oklahoma, USA, for the purposes of any such dispute.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
Notice and Procedure for Copyright Infringement Claims
We ask our users to respect the intellectual property of others.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, please Contact Me if you think any material on this website infringes Copyright Law.
Please provide the information outlined in paragraphs 1-6 below:
- A listing of the accurate First Name, Last Name, Email Address, and Physical Address of the person authorized to act on behalf of the owner of the copyright interest;
- If using the “Contact Us” page, in the “Subject of Email” section mention "copyright infringement complaint".
- A description of the copyrighted work that you claim has been infringed with an original signature. If submitting via the “Contact Us” link, please provide full information including an electronic signature at the end of your description (e.g., /name/);
- A description of where the material that you claim is infringing is located on the Website (including a specific link/URL where possible);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, to be included in the complaint; and
- A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf, to be included in the complaint letter (which will contain your “electronic signature” as required in item three (3) above).
The complaint will be verified, and if accurate, the material will be taken down.
Be aware that we reserve the right to seek punitive damages for bad faith compyright infringement claims or DMCA requests.
Modification or suspension of the website
We will make reasonable efforts to make the Website available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Website or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
Termination of your account
We may at any time terminate your use of or access to the Website and may delete any or all of your User Content without prior notice if we have a good reason to do so which includes any breach by you of these Terms of Use. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website in these circumstances. In the event of any termination you must stop using the Website and you agree that the provisions of the Terms of Use and Applicable Law shall survive any such termination.
Last updated July 16, 2018
