SHIAMAK DAVAR INTERNATIONAL (USA) INC. (“SDIUI”) provides access to this Website free of charge to provide information about in relation to Shiamak Davar and SDIUI, including events, classes and other activities as more particularly set out in 'Purpose' herein below.
Kindly note that access and use of the Website is subject to the following Terms and Conditions which by using the site, you/the User expressly accept and agree. If you do not agree to these Terms and Conditions, we do not give you permission to access or otherwise use the Website and request you to discontinue use of the Website.
1. Purpose
The authorized use of the Website is to obtain information about Shiamak Davar, SDIUI, shows, events and dance classes relating to SDIUI. The Website also provides information about separate, independent entities in relation to shows, events and dance classes for information purposes. Separately, the authorized use of the Website is also for the purposes of enrolment and registration of dance classes held in India. No other use is permitted. The information contained on this Website is for general purposes only and while we endeavour to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or information or products or services. Any reliance you may place on such information is strictly on your own volition and at your own risk.
2. Proprietary Rights
SDIUI is the owner and/or authorized user and/or licensee of the rights, title and interest in and to the Website, as well as the content which includes audio, photos, illustrations, graphics, visuals, video, software, code, date, texts, codes, data and materials (hereinafter referred to as the “Content”), thereon; the look, feel and design of this Website; the organization, structure, compilation of the Contents of the Website; data and materials on the Website, including but not limited to any copyrights, trademark rights, other intellectual property and proprietary rights therein.
SDIUI grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SDIUI. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SDIUI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SDIUI and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SDIUI’s name or trademarks without the express written consent of SDIUI. Any unauthorized use terminates the permission or license granted by SDIUI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SDIUI so long as the link does not portray SDIUI, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SDIUI logo or other proprietary graphic or trademark as part of the link without express written permission.
The use of this Website does not grant any ownership, license, or other right to use over any Content accessed by you/the User. Any copy, reproduction, use, distribution, publication or exploitation of the Website, or the Content on the Website whether commercial or otherwise, is strictly prohibited unless you have received the express prior written permission of SDIUI.
No reproduction of any part of the Website may be sold or distributed for commercial gain, nor shall it be modified or incorporated in any other work, publication, or Website, whether in hard copy or electronic format, in any manner whatsoever.
3. Intellectual Property Rights
SDIUI is the owner and/or authorised user and/or licensee of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website (the “Intellectual Property Rights”), unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Website does not grant you any right, title, interest, or license to any such Intellectual Property Rights or other content you may access on the Website. Except as provided in these Terms & Conditions, any use or reproduction of the Intellectual Property or Content is prohibited.
If you make unauthorized use of the Website, or its Contents, you may violate the Intellectual Property laws applicable in USA and/or other countries and may be subject to liability for such unauthorized use. SDIUI would be entitled to seek protection/enforce its Intellectual Property Rights in relation thereto by any means available under law including by obtaining injunctive reliefs at your costs.
4.User Information
SDIUI may collect and store personally identifiable information (including but not limited to names, address, unique identification numbers, email address and phone numbers) (the “User Information”), about persons who visit this Website and voluntarily submit the User Information and/or personal details to SDIUI. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
5.Security
SDIUI assumes no responsibility for the security of this Website and/or your communications with the Website.
6. Links to Websites
Through this Website, you may be able to access links to third party websites ("Linked Sites"). For enrolment and registration for classes held outside USA, you will be able to link from the Website to the Linked Sites and enrol and register from the Linked Sites. The links from the Website to third party websites for information purposes, which are not under the custody or control of SDIUI.
SDIUI has no control over the nature, information, products, services, advertising, content, other materials, and availability of the Linked Sites and/or third-party websites which may or may not be provided though the Linked Sites. The links to the third-party websites do not in any way constitute an endorsement by SDIUI of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites.
The links to the Linked Sites and/or third-party websites are for information purposes only and SDIUI assumes no obligation, responsibility or liability arising from such Linked Sites and/or third-party websites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Linked Sites and/third party websites.
7. Disclaimer
This site is provided by SDIUI on an “as is” and “as available” basis. SDIUI makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. Through the use of this site and by purchasing products or services, SDIUI does not provide any professional, medical or healthcare advice which should be obtained exclusively from a licensed practitioner in your jurisdiction.
To the full extent permissible by applicable law, SDIUI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SDIUI does not warrant that this site, its servers, or e-mail sent from SDIUI are free of viruses or other harmful components. SDIUI will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
SDIUI assumes no responsibility for the security of this website and/or your communications with the website. SDIUI, each of its affiliated persons, its officers, employees, successors or assigns, managers, directors or agents (“associated persons”) shall not be liable for any loss, damage or expense arising out of: (1) timelines, accuracy, unavailability or interruptions in availability, virus that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website or other defects in the website or its contents; (2) any access to, or use of, this website or any website linked to it, including, without limitation, any loss of data or profit, arising out of or in connection with the use of this website, indirect, incidental or consequential loss whatsoever; (3) any theft, destruction or unauthorized access to or alteration of entries; (4) any problems or technical malfunctions of any computer hardware, software, networks, lines, online systems, providers or servers associated with or used for the workshop or any other service offered by SDIUI, whether originating from entrants, sponsors or others; (5) failure of any entry to be received by the entry deadline on account of traffic congestion or technical problems on the internet or at any website, or any combination thereof; (6) any incomplete, inaccurate, illegible, garbled, defective, misdirected or misrouted entry; (7) any injury or damage to any computer related to or resulting from participation in or downloading any materials for this competition; (8) any disputes, claims, damages, fees, costs, injuries or damages associated with or involving the use of any prize; or (9) any delay, postponement, suspension or termination of the competition. If you are dissatisfied with the site, your sole remedy is to discontinue using the website. You expressly agree that use of the website is at your sole risk.
Further, SDIUI shall not be liable for any loss, damage or expense arising out of dance classes, shows, workshop, events, with the acceptance, possession, use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation, or portrayal in a false light).
8. Limitation of Liability
You hereby release SHIAMAK DAVAR INTERNATIONAL (USA) INC. (“SDIUI”), and each of their affiliated entities, directors, officers, employees, parent entities, representatives, partners and agents (hereafter collectively referred to as “associated entities”) from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the workshop or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light). The associated entities disclaim any liability for:
(1) any error, omission, interruption, deletion, defect, delay, or failure in the transmission of entries or the operation of the dance classes.
(2) any theft, destruction, or unauthorized access to or alteration of entry.
(3) any problems or technical malfunctions of any computer hardware, software, networks, lines, online systems, providers, or servers associated with or used for the workshop, whether originating from entrants, sponsors, or others.
(4) failure of any entry to be received by the entry deadline on account of traffic congestion or technical problems on the internet or at any website, or any combination thereof.
(5) any incomplete, inaccurate, illegible, garbled, defective, misdirected, or misrouted entry.
(6) any injury or damage to any computer related to or resulting from participation in or downloading any materials for this competition.
(7) any disputes, claims, damages, fees, costs, injuries, or damages associated with or involving the use of any prize; or
(8) any delay, postponement, suspension, or termination of the competition.
In no event shall SHIAMAK DAVAR INTERNATIONAL (USA) INC. ("SDIUI"), and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any contents, information, software, products, features and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if SHIAMAK DAVAR INTERNATIONAL (USA) INC.("SDIUI"), or any of its associated entities has been advised of the possibility of damages.
9. Amendments, Modifications and Updates
SDIUI, reserves the right to revise and update these Terms and Conditions at any time, which shall be effective on the date of posting to the Website of the new and amended rules.
SDIUI also reserves the right, for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website, including, but not limited to its content or features.
SDIUI reserves the right to your access to any or all parts of the Website without notice or penalty.
10. Dispute Resolution
The Terms and Conditions and the relationship between you and SDIUI shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute, difference and/or cause of action that may arise under the Terms and Conditions and/or the use of the Website shall be commenced and be referred to a sole arbitrator appointed by SDIUI. The courts of New York shall have the exclusive jurisdiction in relation thereto.
SDIUI’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.