Terms of Use

NALIN DESILVA, INC.

RESTRICTIONS ON USE OF WEBSITE

This website is owned and operated by Nalin DeSilva, Inc. By accessing or using this site, you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use, please do not use this site. Nalin DeSilva, Inc. reserves the right, at its own discretion, to update and modify these Terms of Use at any time and by using this site you agree to be bound by and comply with these modifications.

USE OF MATERIALS
Unless otherwise indicated, all content appearing on this site is the property of Nalin DeSilva, Inc. and/or its subsidiaries or affiliates and is protected, without limitation, by US and foreign copyright and trademark laws. The information and materials, including text, images, audio, video, computer code and software, appearing on this site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this website without written permission from Nalin DeSilva, Inc. Nalin DeSilva, Inc. and Agnes the Adventurer are trademarks, and misuse of these names or of any of the information appearing on this site may violate copyright and trademark law. If you access this material outside the US you are responsible for compliance with local laws.

LIMITATION OF LIABILITY
Nalin DeSilva, Inc. WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS WEBSITE, WHICH IS PROVIDED “AS IS.” Nalin DeSilva, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nalin DeSilva, Inc. DOES NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Nalin DeSilva, Inc. BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER CONDUCT
Nalin DeSilva, Inc. is not responsible for material submitted or posted to any of its sites, including materials posted on any bulletin boards, forums, blogs or other public areas (“Public Areas”). You acknowledge that Nalin DeSilva, Inc. may or may not pre-screen these materials, and Nalin DeSilva, Inc. or its designees have the right, in their sole discretion, to pre-screen, refuse, or remove any content that violates these Terms of Use or is otherwise objectionable. Nalin DeSilva, Inc. reserves the right to disclose information as provided in our Privacy Policy. You shall not upload, transmit, distribute or otherwise publish through this site any content that: a) libels, defames, is obscene, pornographic, abusive or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violating anyone’s copyrights or trademarks; c) violates any law; d) advocates illegal activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services; f) contains a virus or other harmful component.

LICENSE FOR SUBMITTED CONTENT
You agree that by posting content, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with Nalin DeSilva, Inc., you are granting to Nalin DeSilva, Inc. a non-exclusive, worldwide, royalty-free, unrestricted license to use, display, adapt, modify and reproduce these materials as Nalin DeSilva, Inc. sees fit and you shall have no claims against Nalin DeSilva, Inc. for using these materials. You represent and warrant that you have all the necessary rights in and to any material you submit and the material does not infringe or violate the rights of any third-party..

INDEMNITY
You agree to defend, indemnify, and hold Nalin DeSilva, Inc. and its parent, subsidiaries, affiliates and the agencies of any of them harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or arising out of your use of this site, including but not limited to the placement or transmission of any message or information on this site by you.

LINKS TO THIRD PARTY WEBSITES
This site may contain links to websites that are run and maintained by third-parties. Nalin DeSilva, Inc. is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any third party. These Terms of Use apply solely to Nalin DeSilva, Inc.’s websites and you should always review the terms and conditions of any site that you access through a link from this or any other Nalin DeSilva, Inc. website.

UNSOLICITED MANUSCRIPTS
Nalin DeSilva, Inc. does not accept the submission of unsolicited manuscripts via this site and does not accept responsibility for any such submissions.

GOVERNED BY UNITED STATES AND NEW YORK LAW; JURISDICTION
This Site is operated in the United States and is designed for and targeted to U.S. audiences. It is governed by and operated in accordance with the laws of the United States or the State of California as applicable, without giving effect to their principles of conflicts of law. By using this Site and/or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than California, and you agree to submit to the exclusive jurisdiction of the courts of the State of California and the federal courts located in Los Angeles, CA.

COPYRIGHT INFRINGEMENT
Nalin DeSilva, Inc. prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Nalin DeSilva, Inc.’s Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
Attn: Legal/DMCA Complaints
Nalin DeSilva, Inc.
P.O. Box 5459
West Hills, CA 91308

By phone: (818) 992 4046

By email: info@agnestheadventurer.com
Upon receipt of such notification, Nalin DeSilva, Inc. will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.

ENFORCEMENT
If any provision of this Terms of Use is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

TERMINATION
Many Nalin DeSilva, Inc. sites do not have account holders or subscribers. For those sites that do, in appropriate cases, Nalin DeSilva, Inc. will terminate subscriptions or accounts of repeat copyright infringers. If you believe that a user of this site is a repeat infringer, please contact Nalin DeSilva, Inc.’s DMCA Copyright Agent as described above and provide enough information for us to verify the individual is a repeat infringer.

LAST UPDATED: April 2017

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