Dear Customer/Browser/ User(s):
The following Terms of Service ("TOS") is a legal agreement between you and Sanjiv Prakashan i.e. the owner of the website www.sanjivprakashan.com by which you are entering into this agreement. “You" or "Customer" and Sanjiv Prakashan accepts them and set forth the rights and obligations with respect to any Content licensed/purchased by you. By entering into this TOS, you verify and assure that your profile information is correctly declared while signing-in into our website.
PLEASE READ THESE TOS VERY CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all the terms and conditions set out in this Agreement. Sanjiv Prakashan may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Sanjiv Prakashan believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Please revisit these TOS when you purchase any Content licenses. Sanjiv Prakashan reserves the right to modify the TOS at any time in its sole discretion. Sanjiv Prakashan requests you to visit its License Agreement time to time to acknowledge such changes. Modifications to these TOS will apply to all users i.e., the prospective purchases, visitors or website browsers. By licensing Content following any such modifications, you agree to be bound the TOS as modified. By accessing and using Website and the functionalities and services provided therein, User(s) hereby confirm that User(s) have clearly and unambiguously read, understood and agreed to the Legal documents For clarity, if a user is acting in an employee capacity, the employer will be deemed the licensee for the purposes of the license.
For clarity, if a user is acting in an employee capacity, the employer will be deemed the licensee for the purposes of the license.- "Content" means all the content available for license from the Sanjiv Prakashan website, including E-Books, Book Cover Images, E-book content under its different curriculum and portfolio; Images
- "Image(s)" means still photographs, vectors, drawings, graphics, logo etc.
PART I – CONTENT LICENSES
1. Sanjiv Prakashan hereby grants you non-exclusive, non-transferable rights to read content in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
i. BOOK LICENSES
A. Strict Prohibitions for all kind of users:User(s) of Website includes students, channel partners of the Company, schools, colleges, coaching institutes/centers, parents of students and teachers and any other person who visit and access the Website. 1. Resale of E-book Contents and the respective cover images of our set curriculum like CBSE, Rajasthan (RBSE) English, Rajasthan (RBSE) Hindi, Competitive Exams, and College Passbooks are strictly prohibited for all users.
2. Digital Reproduction is STRONGLY PROHIBITTED for all the users of Sanjiv Prakashan. Digital reproduction of sanjivprakashan.com content and images is STRICTLY PROHIBITED. If any user is found doing such activity, then user(s) might have to end up paying a hefty penalty to Sanjiv Prakashan. Users should prevent themselves from sharing book content via social media, posting book content in websites, snipping book content to post on online - web and mobile platform. All this is strictly prohibited.
3. All Sanjiv Prakashan content, E-book content or materials, cover images, website contents etc. should not be super-imposed, doctored, edited for any commercial reuse, resell or for any illegal activity.
4. Any pamphlet, promotional offer or advertisement circulated to the User(s) are part and parcel of the above referred Legal Documents and the User(s) has agreed to all of them in a “Composite and Comprehensive Manner” to access and use the Website, their functionalities and services.
ii. A STANDARD BOOK LICENSE
Grants the rights to read and access the BOOK contents:1. To the Students: for the purpose of preparing for their examination aligning with the educational curriculum like CBSE, Rajasthan (RBSE) English, Rajasthan (RBSE) Hindi, Competitive Exams, and College syllabi.
2. To the Teachers: to conduct online classes, to facilitate educational services to the school students, like conducting classroom teaching, homework activities, assignments, projects or case studies.
3. For Parents: Parents can use the book content to promote continuous engagement with the kids and monitor their effective learning mechanism and browsing activities.
4. For Coaching Classes: to conduct their coaching session for the students without breaching the Digital Reproduction prohibition.
5. For Educationists, Scholars, and Authors: to conduct their educational research on the required subjects to promote best practices in educational paradigm. Reproduction of Sanjiv Prakashan content for our competitors is strongly prohibited.
PART II - WARRANTIES AND REPRESENTATIONS
1. Sanjiv Prakashan warrants and represents that:a. Sanjiv Prakashan's users have granted Sanjiv Prakashan, all necessary rights to take immediate action for any breach of agreement taken place as mentioned under Part I.
b. The Content in its original unaltered form and used in full compliance with these TOS and applicable law, will not:
i) infringe any copyright, trademark or any other intellectual property rights;
ii) violate any third parties' rights of privacy or publicity;
iii) violate any Indian law, statute, ordinance, or regulation; or
iv) be defamatory, libelous, pornographic or obscene.
2. While Sanjiv Prakashan makes reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Educational Content designated, “Sanjiv Prakashan makes no warranties and or representations for any usage of any keywords, titles or description". For the sake of clarity, Sanjiv Prakashan will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, or the use of its Digital Content.
3. Sanjiv Prakashan makes NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.
PART III - INDEMNIFICATION AND LIABILITY
1. You agree to defend, indemnify and hold harmless to Sanjiv Prakashan E-book Content or materials, Cover Images, Website Contents, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the site, your conduct, your use or inability to use the Site, your breach or alleged breach of the site Terms or of any representation or warranty contained herein, your unauthorized use of the Sanjiv Prakashan Content, or your violation of any rights of another.
2. Sanjiv Prakashan shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.
3. You will indemnify and hold Sanjiv Prakashan, harmless against any damages or liability of any kind arising from any use of the Content other than the uses expressly permitted by the TOS. You further agree to indemnify Sanjiv Prakashan for all costs and expenses that you or Sanjiv Prakashan incurs for any unusual usage of the content.
4. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, E-book Contents or materials, Cover Images, Website Contents or the right to use E-book and Website Content. If you become aware that any social media website uses any of our E-book and Website Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media sites, and to promptly notify Sanjiv Prakashan at [email protected], [email protected] of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email at [email protected], [email protected].
5. Upon notice from Sanjiv Prakashan, or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Sanjiv Prakashan may be liable, or if Sanjiv Prakashan removes any Content for any reason and gives you notice of such removal, you will remove the Content from your Login Library, Computer Systems, Mobile device(s) and, if possible, cease any future use of the removed Content at your own expense. Sanjiv Prakashan may provide you with comparable Content (which comparability will be determined by Sanjiv Prakashan its reasonable commercial judgement) but subject to the terms and conditions of these TOS.
6. You are not authorized to reproduce any of our E-book Content or materials, Cover Images, Website Contents for your clients or, customers. No one shall use any of the IPRs available on Website, whether directly or indirectly and whether in original form or modified or derivative form, without the prior written permission of Company/Respective Owner(s). The User(s) are expressly and specifically prohibited from making any commercial use or/and derivative use of the Website and anything relating to it including its Legal documents. While doing so, you will end up paying hefty penalties to Sanjiv Prakashan as an entity.
7. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled in Jaipur, India administered under the Arbitration Act, 1940, in effect on the date of the commencement of arbitration, rather than in court, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be Jaipur, India. The language of the arbitration shall be English and Hindi. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Sanjiv Prakashan shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Sanjiv Prakashan, such action is necessary or desirable.
8. These TOS shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. These TOS are governed by and shall be construed in accordance with the laws of Indian Penal Code of conduct, without respect to its conflict of laws and principles.
9. If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will personally be liable to Sanjiv Prakashan for any breach of the terms as mentioned under TOS. You hereby grant Sanjiv Prakashan a worldwide, non-exclusive, limited license to use your trademarks in Sanjiv Prakashan’s promotional materials, including a public customer list.
For the purposes of these TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase our E-book Contents or materials, Cover Images, Website Content on March 5, then it will close on April 4. Your E-book Contents or materials, Cover Images, Website Content subscription will end after the academic year of the desired curriculum.
If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these TOS, so that these TOS shall otherwise remain in full force and effect.
10. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to the third parties.
11. In the event that you breach any of the terms of this or any other agreement with Sanjiv Prakashan, then, Sanjiv Prakashan holds the right to terminate your account without further notice, in addition to Sanjiv Prakashan's other rights at law and/or equity. Sanjiv Prakashan shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
12. Except as expressly set forth herein, Sanjiv Prakashan grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in any of its Content.
13. Sanjiv Prakashan does not warrant that the Content, Sanjiv Prakashan website, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.
14. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Sanjiv Prakashan, Sanjiv Prakashan may promptly file a complaint to its local crime complaint center in India