My journey with SikhNet started when I was in a moment of intense, personal struggle. SikhNet can help so many people the way it helped me.

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These Terms of Use (“Terms”) apply to your use of the Gurbani Media Center (collectively, the "GMC") for uploading and distributing your audio works (the “Recordings”). By using the GMC to upload your music, you agree to the Voluntary Upload User Agreement.

These Terms set out your rights and obligations and define a legally binding contract (the “Agreement”) under which we make the GMC available to you.

 

SUMMARY OF AGREEMENT

  • You own whatever you are posting to the GMC or have clear legal permission from the owner to post it. Posting your recordings here does not transfer ownership of the recordings to SikhNet.
  • We won't charge you for using this service. We also don't pay you for using this service. This is a free service made available by SikhNet as part of our educational, non-profit mission.
  • We do our best to keep this service running continuously, but there may be times that the service will be disrupted for technical issues beyond our control.
  • You grant us all the legal, non-exclusive rights we need to host your recordings and help promote your recordings.
  • If you post objectionable material, we will remove it. If you use this service in any manner except its intended purpose, we reserve the right to disable your access to the GMC service. 
  • If the GMC service isn't working for you, we will do our best to accommodate your needs. Ultimately, we understand if you decide to discontinue using the service.
  • If a legal dispute arises between you and the GMC, we both agree to resolve it through binding arbitration. (But we at SikhNet trust that this will probably not be necessary.)
  • Because we have a Gurbani Media Center app available through the Apple store, there's a section in the agreement that Apple needs in order to keep carrying our app.
  • Our policy at SikhNet is to stay in compliance with the Digital Millennium Copyright Act (DMCA) and we thank you for your help in this regard by agreeing to our terms of service.

 

FULL AGREEMENT

  1. WHAT IS THE GMC?
    1. The GMC, part of the SikhNet non-profit educational organization, is a platform for sharing Gurbani music, kirtan, Sikh-related talks (katha) and Sikh-related podcasts.
    2. The GMC enables registered users to distribute and make available their own Recordings to other users of the GMC. We do not charge you to distribute your Recordings.
    3. If you are using the GMC on behalf of another party or entity, you represent that you are duly authorized by that party or entity to act on their behalf.
    4. We may modify, update or change the GMC at any time, including by adding or removing elements of the services and functionality.
  2. USE AND REGISTRATION ON THE GMC
    1. By accessing or using the GMC you represent and warrant that:
      1. you are 18 or older and have the legal capacity and authority to enter into this Agreement; are not prohibited or restricted from having an account on the GMC; and are not a competitor of SikhNet or using the GMC for purposes that are competitive with SikhNet.
      2. If you are contracting on behalf of a company or other entity, you represent and warrant that you are authorized by that company or entity to enter into this Agreement and to bind the relevant company or entity.
    2. You may need to register and create an account to access and use certain features of the GMC. You must provide accurate, current, and complete information during the registration process and keep your account and profile or information up-to-date at all times.
    3. You are responsible for maintaining the confidentiality and security of your account and the login details. You must not disclose your account details to any third party. You must immediately notify SikhNet if you know or have any reason to suspect that your account details have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account.
    4. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and such unauthorized activity is caused or enabled by failures of the GMC.

 

  1. AVAILABILITY AND FITNESS FOR PURPOSE
    1. Due to the nature of the Internet, SikhNet cannot guarantee the continuous and uninterrupted availability and accessibility of the GMC.
    2. SikhNet does not warrant that your use of the GMC will be uninterrupted or error free; and is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet.
    3. You acknowledge that the GMC is dependent on various third-party services, infrastructures and API's and, as such, we can give no guarantee of availability or functionality.

 

  1. ARTIST RECORDINGS
    1. You may upload and/or contribute (“post”) Recordings to the GMC.
    2. SikhNet does not claim any ownership rights in the Recordings you post to the GMC. After posting Recordings to the GMC, as between you and SikhNet, you will continue to retain any rights you may have in your Recordings, including any intellectual property rights or other proprietary rights associated with your Recordings, subject to the license you grant to SikhNet in the next paragraph of this Section 4.
    3. By posting Recordings to the GMC, you grant SikhNet a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to use, reproduce, make available to the public (e.g., perform or display), publish, translate, modify, create derivative works from, and distribute the Recordings on and in connection with the GMC, SikhNet’s business, the promotion and marketing of the GMC and the promotion and marketing of SikhNet’s business, in any and all formats and through any and all media channels now known or hereafter developed. If you do not want SikhNet to use your Recordings for these purposes, you should not post or upload Recordings to the GMC. To the extent you provide Recordings that contains your name, likeness, or photograph, you further grant SikhNet the non-exclusive, fully paid, worldwide right to use such name, likeness, and photograph on the GMC and in our marketing communications to advertise, market, and promote the availability of your Recordings on the GMC.
    4. You represent and warrant, and covenant on a present and continuing basis, that, with respect to any Recordings you post or upload to the GMC: (a) you have and shall have the right to post such Recordings, and to grant SikhNet the rights to such Recordings as set forth in these Terms (including the license granted in the preceding paragraph of this Section 4), free of any and all claims, (b) such Recordings, and its use by SikhNet as contemplated by these Terms (including the license granted in the preceding paragraph of this Section 4), does not and shall not violate the Terms, applicable law, the regulations and rules of any guilds, unions or collectives, and does not and shall not violate or infringe the rights of any third party, including any intellectual property (including without limitation, copyright), publicity, privacy, personality, contract or other rights of others, (c) such Recordings, and its use by SikhNet as contemplated by the Terms (including the license granted in the preceding paragraph of this Section 4), does not and shall not imply any affiliation with or endorsement of you or your Recordings or any third party entity or individual by SikhNet or any rights holders or any artists or any third party entity or individual without express written consent from the applicable such entity or individual, (d) you have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the Recordings you post to the GMC, and the exercise by SikhNet of the license granted in the preceding paragraph of this Section 4, (e) you shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced in this clause (e) of this paragraph, and you shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals, (f) no royalties, fees or other monies (however characterized) are or shall be payable by or on behalf of SikhNet to or on behalf of any person or entity in connection with or arising out of the Recordings you post to the GMC or the exercise by SikhNet of the license granted in the preceding paragraph of this Section 4, (g) all Recordings you post or upload to the GMC are and shall be correct, accurate, and does not contain Objectionable Content (as defined in Section 10 below), and (h) you have and shall comply with all applicable laws, regulations and industry standards when posting Recordings to the GMC, including the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s.com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time, and updates thereto.
    5. SikhNet may, but has no obligation to, monitor, review, or edit Recordings. Because there is a risk to hosting user uploaded content, including Recordings, SikhNet reserves the right, in all cases, to remove or disable access to any Recordings for any or no reason, including, but not limited to, Recordings that, in SikhNet’s sole discretion, violates the Terms, the rights of any third party, poses a reputational risk to SikhNet or any other person, or fails to pass review of any content management system. SikhNet may take these actions without prior notification to you or any third party and without any liability to you for such removal. However, SikhNet does not obligate itself to remove any Recordings except as required by law.
    6. You are solely responsible for all content, including Recordings, that you post or upload, so please be careful about what you post or upload. As you would expect, SikhNet is not responsible for Recordings nor does it endorse any opinion contained in any Recordings. You acknowledge and agree that if anyone brings a claim against SikhNet related to Recordings that you post, then to the extent permissible by law, you will indemnify and hold SikhNet harmless against any and all damages, losses, liabilities, expenses and/or costs arising out of such claim in accordance with Section 16 below.

 

  1. RECORDINGS AND DATA POLICY
    1. The GMC enables you to upload, post, publish, and submit your Recordings for distribution to the public.
    2. You grant to SikhNet all necessary rights to facilitate the distribution of your Recordings on your behalf via the GMC. SikhNet does not claim any ownership rights in any Recordings and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Recordings.
    3. You are solely responsible for all Recordings that you make available on or through the GMC. Accordingly, you represent and warrant that:
      1. you either are the sole and exclusive owner of all Recordings that you make available or manage on or through the GMC or you have all rights, licenses, consents and releases that are necessary in and to such Recordings, as contemplated under these Terms; and
      2. neither the Recordings nor the upload, submission, transmit, or other use of the Recordings or SikhNet’s use of the Recordings (or any portion thereof) will infringe, misappropriate, or violate a third party's copyright, trade mark, patent, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. You will not upload, post, publish, submit, create, store, transmit, send and or otherwise manage any Recording that is:
      1. fraudulent, false, inaccurate, misleading (directly or by omission or failure to update information) or deceptive;
      2. defamatory, libelous, obscene, pornographic, vulgar or offensive;
      3. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      4. violent or threatening or promotes violence or actions that are threatening to any other person or animal;
      5. promotes illegal or harmful activities or substances; or
      6. violates any other publicly available work, terms or policy, all of which shall be considered “Objectionable Content”.
    5. SikhNet may, without prior notice, remove or disable access to any Recording(s) that SikhNet finds to be in violation of these Terms or our then-current policies, or otherwise may be harmful or objectionable to SikhNet.

 

  1. ADDITIONAL TERMS RELATING TO OUR DISTRIBUTION SERVICES
    1. We will distribute your Recordings as provided to us and utilize, as necessary, the related metadata as supplied by you (including artists’ names, track names, label information, territories cleared for usage, ISRC and UPC codes) (“Metadata”).
    2. To enable this, you grant SikhNet a non-exclusive license to exercise any and all rights necessary for SikhNet to manage the Recording and Metadata, for the purposes of distributing, using, displaying, and making available the Recording, including rights to and to authorize subcontractors to:
      1. store and deliver Recordings (including Metadata)
      2. create digital master files and reproduce, convert and transcribe Recordings and perform Metadata corrections (including spelling, genre correction) where necessary;
      3. store Recordings in digital forms or physical storage servers including for the purposes of creating different compressed versions using different codecs;
      4. supply, stream, perform, communicate to the public, make available, display, synchronize, distribute, reproduce, compile and otherwise exploit Recordings; and
      5. place ads on the Recordings.
    3. Without prejudice to and in addition to Sections 4 and 5 above, you have sole responsibility for, and give a warranty / promise to SikhNet in relation to the legality, reliability, integrity, accuracy and quality of Recordings and associated Metadata.

 

  1. INTELLECTUAL PROPERTY RIGHTS IN THE GMC AND DATA
    1. The GMC may in its entirety or in part be protected by copyright, trademark, and/or other laws. You acknowledge and agree that the GMC, including all associated intellectual property rights, are the exclusive property of SikhNet and/or its licensors or authorizing third-parties.
    2. You will only use the GMC for the permitted purposes as provided herein. In particular, you will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the GMC, except as expressly permitted in these Terms.
    3. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SikhNet or its licensors, except for the licenses and rights expressly granted in these Terms.
    4. We reserve the right to collect and use for any purposes, and retains full ownership of, all usage and/or statistical or other data, information, learnings or know how related to and/or derived from the use of the GMC by all customers and users.

 

  1. PROHIBITED ACTIVITIES
    1. In connection with your use of the GMC, you will not and will not assist or enable others to:
      1. use the GMC for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with SikhNet or the GMC;
      2. use, display, mirror, or frame the GMC or any individual element within the GMC, SikhNet or GMC name, any SikhNet trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the GMC, without SikhNet’s prior express written consent, except that you may advertise that your Recording is available on SikhNet and the GMC;
      3. use any robots, spider, crawler, scraper or other automated or manual means or processes to access, collect, utilize, or extract data or other content from or otherwise interact with the GMC for any purpose;
      4. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by SikhNet or our providers or any other third party to protect the GMC;
      5. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the GMC;
      6. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the GMC.
    2. You acknowledge that SikhNet has no obligation to monitor the access to or use of the GMC by any user or to review, disable access to, or edit any Recordings, but has the right to do so to:
      1. operate, secure and improve the GMC (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
      2. ensure user compliance with these Terms;
      3. comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
      4. remove any Recording that it determines is harmful or objectionable; or
      5. as otherwise set forth in these Terms.

 

  1. TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES
    1. This Agreement continues during your use of the GMC until such time when you or SikhNet terminate the Agreement in accordance with this provision.
    2. You may terminate your account on the GMC at any time by following the processes set out in the account section of the GMC.
    3. SikhNet may terminate this Agreement with you for convenience at any time.
    4. SikhNet may immediately, without notice, terminate this Agreement and/or suspend access to the GMC if:
      1. you have materially breached your obligations under these Terms,
      2. you have violated applicable laws, regulations or third-party rights, or
      3. SikhNet believes in good faith that such action is reasonably necessary to protect the personal safety or property of SikhNet, its users, or third parties.
    5. When this Agreement has been terminated, you are not entitled to a restoration of your account or any of your Recordings. If your access to or use of the GMC has been limited or your account has been suspended or this Agreement has been terminated by us, you may not register a new account or access and use the GMC through an account of another user.
    6. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

 

  1. DISCLAIMERS AND LIABILITY
    1. The GMC is provided “as is”, without warranty of any kind, either express or implied. Your use of the GMC is at your sole risk.
    2. You agree that we shall not be liable for any loss or damage whatsoever arising from or in any way connected with the GMC or your use of or reliance upon any data or information you obtain by means of the GMC.
    3. In any event we shall not be liable for any indirect or consequential loss including, without limitation, damage for loss of revenue, profits, loss of business, contracts, earnings, reputation, data including any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage).
    4. All such disclaimers and other limitations of liability are without prejudice to any statutory rights you may have.
    5. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION, GMC, OR CONTENT IS TO UNINSTALL ANY SIKHNET SOFTWARE AND TO STOP USING THE GMC. YOU AGREE THAT SIKHNET HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE GMC, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SIKHNET, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING THE GMC OR ANY SUCH THIRD PARTY APPLICATIONS.
    6. IN NO EVENT WILL SIKHNET, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
      1. ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) RELATED TO YOUR USE OF THE GMC;
      2. ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE PLATOFRM OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US, IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE GMC, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SIKHNET HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
      3. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE GMC, THIRD PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SIKHNET FOR UPLOAD OF YOUR MUSIC TO THE GMC DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
      4. NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND SIKHNET'S REASONABLE CONTROL.
    7. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
  2. ARBITRATION CLAUSE & CLASS ACTION WAIVER-IMPORTANT-PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
    1. Binding Arbitration
      1. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other and/or your use of the GMC shall be finally settled by binding arbitration administered by the JAMS in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
      2. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
      3. You and SikhNet agree that any dispute, claim, or controversy between you and SikhNet arising in connection with or relating in any way to this Agreement, any Terms, Policy, or to your relationship with SikhNet as a user of the GMC (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of any Terms, Policy, or agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms or any update.
      4. You agree that you shall be liable for any and all fees, costs, and expenses incurred by SikhNet for any dispute, claim, or controversy initiated by you that is dismissed with prejudice or resolved in favor of SikhNet.
    2. Location
      Arbitration will be conducted remotely, unless in-person arbitration is required by law. If you are a resident of the United States, in-person arbitration will take place in Espanola, New Mexico. For residents outside of the United States, arbitration will be conducted remotely and in accordance with rules set by the arbitrator or the organization administrating the arbitration, and you and SikhNet agree to submit to the personal jurisdiction of any federal or state court closest to Espanola, New Mexico, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
    3. Class Action Waiver
      The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND SIKHNET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    4. Exception-Litigation of Intellectual Property and Small Claims Court Claims
      Notwithstanding the parties' decision to resolve all disputes through arbitration, SikhNet may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). SikhNet may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
    5. Time for Filing
      Any arbitration initiated by you pursuant to this Agreement must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date you first know or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
    6. Changes to this Section
      SikhNet will provide 30-days' notice of any changes to this Section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.

      For any dispute not subject to arbitration you and SikhNet agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts closest to Espanola, New Mexico. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

      The Terms and the relationship between you and SikhNet shall be governed by the laws of the State of New Mexico without regard to conflict of law provisions.

 

  1. GOVERNING LAW AND JURISDICTION. These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms, which are not resolved through binding arbitration as set forth herein, shall be governed by the exclusive jurisdiction and venue of the state and Federal courts closest to Espanola, New Mexico.
  2. MODIFICATION. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the GMC (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the SikhNet website and/or mobile application or by sending you notice through the GMC, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the GMC without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the GMC following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the GMC going forward. Your use of the GMC is subject to the Terms in effect at the time of such use.
  3. DMCA COPYRIGHT POLICY.
    1. All Recordings on the GMC are provided under license by user who uploaded the Recording.
    2. SikhNet has adopted a general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.
    3. Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the GMC infringes a copyright, please follow the process set out in our Copyright Policy.
  4. APPLE DEVICE AND APPLICATION TERMS. In the event you are accessing the GMC via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "App"), the following shall apply:
    1. Both you and SikhNet acknowledge that these Terms are concluded between you and SikhNet only, and not with Apple, and that Apple is not responsible for the App or the Content;
    2. The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the GMC for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the GMC;
    3. You will only use the App in connection with an Apple device that you own or control;
    4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
    5. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
    6. You acknowledge and agree that SikhNet, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
    7. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, SikhNet, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    9. Both you and SikhNet acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of Agreement which may affect or be affected by such use; and
    10. Both you and SikhNet acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.
  5. INDEMNIFICATION
    If you breach these Terms we may suffer loss. You shall defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the GMC, or otherwise from your Recording, violation of these Terms, or infringement by you, or any third party using your account or identity in the GMC, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

 

  1. GENERAL PROVISIONS
    1. Entire Agreement and Severability. These Terms are the entire Agreement between you and us with respect to the GMC and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the GMC. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    3. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
    4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
    5. Notices. Unless otherwise specified in these Term of Use, all notices under these Terms 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 email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected].
    6. No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
    7. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
    8. Relationships. The GMC is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates.

Contact. You may contact us at [email protected]

Last Update: May 12, 2022