Adidam Terms of Service

Last modified on: November 3, 2016

Who we are

Adidam is a group of related nonprofit organizations (collectively “Adidam,” “we” or “us”), all dedicated to one purpose–to promote and serve the Work of Avatar Adi Da Samraj. We make His Teaching available to all, both in printed form and as multimedia offerings; we offer classes and courses for the interested public; we make the Art that He created available; we invite all who are moved to enter into a formal relationship with Avatar Adi Da Samraj to become His devotees; we manage and serve the Sanctuaries, or places of Spiritual Transmission, that He established; and we offer a complete range of services to support the lives of Avatar Adi Da’s devotees. One of the Adidam entities is The Avataric Samrajya of Adidam, which holds copyrights and other intellectual property rights in and to all works and materials created by Avatar Adi Da Samraj, and photographs taken of Him.

These Terms of Service govern all websites owned and operated by us, including without limitation www.adidam.org and related websites (collectively, the “Sites”). We provide a variety of information, resources, content, services and products (collectively “Products and Services”) on or through the Sites, as well as third party platforms such as Facebook, Twitter and other social media (“Third-Party Platforms”).

Important Rules When Visiting our Sites

We welcome you. Thanks for using our Products and Services.

This is a legally binding agreement that governs your use of all Adidam Products and Services whether on our Sites or Third-Party Platform Sites. Third-Party Platforms will be subject to the terms of service of those sites as well. We hope you will familiarize yourself with these Terms, because they reflect our understanding of how our Sites operate, what you can expect from us, and what we expect from you. Think of them as rules of the road. You represent that you are of legal age to form a binding contract (you must consult your parent or legal guardian if you are under the age of majority and in no event may you be under the age of 13). And of course, if there's anything you don't understand, ask us. To contact us by mail, write to us at 10336 Loch Lomond Rd #305, Middletown, CA 95461. You may telephone us at 707-928-6590.

We offer different kinds of Products and Services, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Products or Services, and those additional terms become part of your agreement with us if you use those Products or Services.

These Terms and our Privacy Policy make up our online policies. Each time you access the Sites, you are agreeing to these Terms. If you do not wish to be bound by these Terms, you may not access or use the Sites.

When using the Sites, you may be subject to various additional posted guidelines or rules, which are applicable to specific activities and features that may be developed and/or offered from time to time (collectively, the "Guidelines"). If you have downloaded content from our Sites or submitted content to our Sites, your use may also be governed by click-through agreements ("User Agreements"). All such Guidelines and User Agreements are hereby incorporated by reference into these Terms of Use.

About these Terms

These Terms control the relationship between Adidam and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is void or not enforceable for any reason, this will not affect the validity or enforceability of any other terms.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Lake County, California, U.S.A., and you and Adidam consent to personal jurisdiction in those courts. These Terms of Use and any related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Adidam without restriction.

Modifications of these Terms

As we learn and grow, we update our Terms, so please check back often. These Terms were last updated on or around the date provided above. We reserve the right to make changes to any Terms at any time, however, we shall provide notification to you in advance of substantive changes becoming effective, such as by posting a notification on the Sites or by email. If you continue to access and use the Sites, including any of our Products and Services, after the effective date of such changes, then such access and use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Sites. For this reason, we encourage you to review these Terms any time you access or use the Site, and recommend that you print a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Sites.

Eligibility

You affirm that you are 18 years of age or older, or an emancipated minor, or over the age of 13 and possess legal parental or guardian consent to use the Sites and register for Membership. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and that if you are older than 13 years of age but younger than 18 years of age, that your parent or legal guardian has read and accepted this Agreement.

Important: The Sites are not intended for children under 13. If you are under 13 years of age, please do not use our Sites. There are many other sites that are appropriate for you, and you should talk with your parents or guardian about what sites are best for you. Although we cannot absolutely control whether minors gain unauthorized access to our Sites, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.

Adidam may change its eligibility criteria at any time. This provision or sections thereof are void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.

Navigating our Sites

Some of our Sites may be accessed without registering with us. A "Visitor" is someone who is browsing through our Sites. A "Member" is someone who has registered or signed-up with our Sites to receive certain Products or Services, to make a transaction on our Sites or to participate in any community webpage. To learn how we manage your personal information online, please see our Privacy Policy. Valid and accurate completion of the sign-up or submission process leads to "Membership." Visitors and Members are referred to collectively as "Users."

In order to access certain Products or Services, you may be prompted to provide personal information that allows us to know who you are, such as your name, residence city, state, country, and email address (“Registration Information”). By using our Sites, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating it promptly; and (c) your use of our Sites does not violate any applicable law or regulation. You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User of the Sites, nor any identity information about any User.

Members may also be asked to enter a screen name (“User Name”). You may select any User Name so long as, in our discretion, your choice of User Name does not cause deception or confusion; nor violates any trademark right, copyright, or other proprietary right; or a name which we deem to be offensive. We reserve the right to delete or change any User Name at our discretion. You are fully responsible for all activities conducted through your Membership or under your User Name. You may also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another User’s name, email address, account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use or access to your password. You should never respond to an online request for a password other than in connection with the log-on process on one of our Sites. Your disclosure of your password to any other person is at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your information, you may be liable for our losses or the losses of others as a result of such unauthorized use.

Information We Provide

Your involvement as part of the Adidam community is what makes our experience so unique. That’s why we work hard to keep our Sites safe. And while we cannot guarantee every statement on the Site is accurately communicated, we do work hard to make sure the information we provide is thorough.

We may provide you with links to other sites. We don’t endorse or have control over the information contained on those sites, so we do not guarantee the quality of information or any other statements made on those sites. When you click on a link that takes you away from our Sites, you are leaving the Adidam Sites and you are no longer subject to these Terms.

We also work with third parties from time to time to offer you information or to enhance your online experience (“Vendors”). Because Vendors with whom we work are not part of Adidam, we do not control or warranty their services. In addition, we may discontinue our relationship with a specific Vendor at any time. Please check with other Vendor Sites directly for their terms of use.

You may notice that Site or portions of our Sites may be hosted by third-party companies (“Third-Party Hosts”). We are not affiliated, associated with or endorsed by these Third-Party Hosts, so that means (and we’re shouting this): THIS AGREEMENT DOES NOT APPLY TO YOUR USE OF THIRD-PARTY HOSTS SERVICES, NOR ARE WE RESPONSIBLE FOR ANY THIRD-PARTY HOSTS SERVICE OR PRACTICE.

We do not provide Internet access. You agree that Adidam has no responsibility and is not liable for: (a) the unavailability of the Sites or Services including those available on Third-Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Sites or Services, any Internet service providers, any Third-Party Platforms, or any Internet facilities and networks.

We reserve the right to interrupt the Sites with or without prior notice at our discretion. You agree that we will not be liable for any interruption of the Sites, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at our discretion to change or eliminate any aspect(s) of the Sites as we see fit in our sole discretion.

Non-Commercial Use

Our Sites are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and unauthorized use of the Sites, including collecting User information for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sites is prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Sites.

You acknowledge that the time that you spend on or using the Sites is solely for your personal edification, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Sites, Products, or Services.

The Materials We Own

The Sites are owned and operated by Adidam. The Contents of the Sites are protected by United States copyright and trademark law, international conventions, and other applicable laws. All materials contained in the Site, including without limitation any data, text, books, magazines and publications, pictures, photographs, audio and video material or stills from audiovisual material, artwork of any kind, graphics, logos, Site Code (as defined below), upgrades for use on the Sites, and other content, features and services (collectively, the “Materials”), excluding Submissions (defined below) are the Intellectual Property (as that term is defined below) of The Avataric Samrajya of Adidam, or its affiliated entities and/or third-party vendors or licensors and are offered to you by Adidam for limited uses outlined in these Terms of Use. All trademarks, service marks, trade dress and trade names displayed on the Sites or Third-Party Platforms are proprietary to The Avataric Samrajya of Adidam or its affiliates and/or third-party licensors. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under United States and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property. Nothing contained in these Terms shall be construed as conferring any license or right to use any trademark, design right or copyright of The Avataric Samrajya of Adidam, other Adidam entities, or any other third party. “Intellectual Property” means copyrights, moral rights, trademarks, patents, trade secrets and other proprietary rights. “Site Code” means any and all underlying elements of the Sites, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Sites.

THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. ADIDAM DOES NOT MAKE, AND YOU DO NOT RECEIVE, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY TYPE OF COMMUNICATION WITH YOU.

Limited License and Right to Use the Materials

We work very hard to provide you with a site and information that are helpful to you. That’s why we carefully guard our Materials. Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, decompile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Adidam’s or its licensors’ express prior written permission. Adidam reserves all rights not explicitly granted in these Terms of Use. You also agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content therein.

We reserve the right, at our discretion, to modify, suspend, or discontinue the Sites, the Materials, or any part thereof with or without notice. You agree that Adidam will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, your access to the Site, or the Materials.

Your Responsibilities; Code of Conduct

You must provide and are responsible for all equipment necessary to access the Sites. You agree to update information provided in connection with your Membership or your Application to maintain its truth, accuracy, and completeness. You are also responsible for all activities that occur with your User Name, if any. Adidam shall not be liable for any damages arising out of your noncompliance of this provision. You agree to immediately notify Adidam of any unauthorized use of your account or any other breach of security. At all times, we ask that you act in a manner that is courteous, and does not defame or derogate others. As devotees of Adi Da Samraj, we assume a responsibility of stewardship relative to the intellectual property on the Sites, or advertised on the Sites. Should you download and/or purchase any Materials, where that is permitted, including, but not limited to books, photographs, images, recordings or videos, you agree to treat these materials with respect, and not use them in any manner that defames, derogates, or mocks Adidam, Adi Da Samraj or any individual. You agree that this is a condition of download and/or purchase, and that such conduct will result in the termination of your ownership rights, and will permit Adidam to demand the return of these Materials and/or that you cease to use these Materials. In cases where we allow community forums and social networks, we ask that you use your ordinary human manners when sharing information with others, and not harass, defame, use inflammatory or objectionable language, or engage in inappropriate activity while on the Sites. The same is true for any images or videos you might upload to our Sites, where we allow them: please make certain those materials are ones you own, are not offensive or inflammatory, and do not infringe the rights of others. While we do not generally review content that our Users submit, we may filter, edit and/or remove community discussions or other content we believe in our sole direction violates any law or right of any person, infringes the rights of ay person or is otherwise offensive, inappropriate or under our standards. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these Terms.

You agree not to:

  • Use the Sites in any manner that violates any applicable laws or regulations or is prohibited by these Terms of Service;
  • “Stalk”, harass, threaten, or defraud other Users or any staff members of Adidam;
  • Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive content to other Users;
  • Make unsolicited or inappropriate offers, advertisements or proposals for goods, services, or other commercial activities outside of Adidam, or send junk mail or chain letters to other Adidam users;
  • Impersonate another person or entity or access another User without permission, or impersonate Adidam staff;
  • Share Adidam-issued passwords or log-on information with a third party or encourage another User to do so;
  • Misrepresent the source, identity, or content of information transmitted through the Sites (such as claiming a created work as your own that is not actually yours) or otherwise misappropriate any proprietary information, trademark, copyright, right of publicity or other right of any person or entity;
  • Use or encourage others to use the Sites for any illegal or inappropriate purpose;
  • Use Site features for anything other than their intended purpose, including exploiting Site glitches for personal gain;
  • Interfere with any security-related features of the Sites;
  • Damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites;
  • Intentionally interfere with the operation or fair play of the Sites or any other user’s enjoyment of it, including intentionally posting inflammatory statements to get a reaction;
  • Post, request, or link to sexually explicit material or conduct;
  • Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
  • Post or distribute any content that contains software viruses or other code intended to damage or interfere with the Sites or any software, hardware, equipment, system, data, or other information of Adidam or any third party;
  • Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent of applicable laws specifically prohibiting such restriction;
  • Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, nor any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with the Sites;
  • Make improper use of Adidam’s support services, including by submitting false abuse reports;
  • Imply or state that any statements you make are endorsed by Adidam without Adidam’s prior written consent;
  • Use the Sites to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people;
  • Modify the Sites for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Sites;
  • Attempt to gain unauthorized access to the Sites, other user accounts, computer systems, or networks connected to the Sites, through hacking, password mining, circumventing or modifying any security technology, device, or software employed by Adidam, or any other means (automated or otherwise);
  • Engage in any other conduct otherwise prohibited by this Terms of Use;
  • Use the Sites in any way to spam or otherwise harass users.

Without limiting any other remedies, Adidam may limit, suspend, terminate, modify, or delete accounts or access to Adidam Sites, Products or Services if you are, or if Adidam suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the service, with or without notice to you. No Materials, Submissions or time spent on the Sites will be converted to cash or any other form of compensation.

Forums & Submissions

Our Services may include features such as message boards, blogs or other forums or areas where you and others can post or transmit information onto or through the Sites or Third-Party Platforms (collectively, the “Forums”) and may redistribute content you send/upload/post to the Sites.

By sending, posting or transmitting to Adidam photos, videos, graphics, creative suggestions, comments, ideas, notes, concepts, information or other materials (collectively, “Submissions”) or by posting such Submissions to any area of the Sites or Third-Party Platforms (including without limitation, the Forums), you grant Adidam and our designees and users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform and publicly display, such Submissions in any media now known or hereafter developed, for any purpose, without compensation to you or the provider of the Submissions. In addition, by submitting Submissions to the Sites, in cases where you display your Submissions for other users to view, or when you directly exchange or otherwise provide your Submissions to other users as permitted by certain Site functionality and the Terms of Use, you hereby grant to such users of the Services a non-exclusive license to use your User Submissions solely as necessary for such users to participate in the relevant Site functionality or activity.

You must not transmit any Submission to or through the Sites, Services, Third-Party Platforms or to Adidam that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential.

You are solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Adidam and Adidam’s users to use your Submissions as necessary to exercise the license granted by you in this Section; (ii) you have the written consent, release, or permission of each and every identifiable individual person in any User Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the User Submissions in the manner contemplated by Adidam and the Terms of Use and (iii) you will pay all royalties and other amounts owed to any person or entity due to your use of any User Submissions on the Sites. Notwithstanding anything stated herein, by posting a Submission you agree to indemnify Adidam or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to Adidam or the Sites.

Adidam takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. Adidam may store Submissions indefinitely. However, Adidam has no obligation to store Submissions or make Submissions available to you in the future and Submissions may be destroyed without your permission with no liability to Adidam for doing so.

Communications with Others Users; Information Available In Our Forums

Remember that the Internet is a very public forum. You acknowledge and agree that your communications with other Users through Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that any personal information that you communicate through Forums may be seen and used by others and may result in unsolicited communications. Adidam strongly encourages you not to disclose any personal information about yourself in your communications through Forums. Adidam is not responsible for information that you choose to communicate through Forums or Submission.

You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post Submissions or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such Submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Services, or in any Forums by third persons or parties.

The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of Adidam. We have no obligation to monitor the Sites, Services, Third-Party Platforms, Forums, or any Submissions or other materials that you or other third persons or parties transmit or post on the Sites, in the Services, or in the Forums.

Copyright Infringement, Digital Millennium Copyright Act (DMCA)

We understand the value of protecting what is truly ours. We encourage you to do the same. If you believe in good faith that a User has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim. DMCA Notices and Counter-Notices are legal notices distinct from regular Sites activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure. If you are unsure of whether certain material infringes your copyright, contact an attorney.

i. Filing a DMCA Notice

If you believe that your copyright-protected work has been copied and posted on the Sites in a way that constitutes copyright infringement, then please send us a written letter by fax, regular mail or email.

Your Notice must:

  1. Provide reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
  2. Provide reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
  3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
  4. Provide, if possible, information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
  7. Include your signature;
  8. Be sent to our DMCA designated agent at the following address:
    DMCA Agent
    Adidam
    P.O. Box 70, Lower Lake, CA 95457
    Email: DMCA_AGENT@adidam.org
    Fax: (707) 928-5068 (on the cover sheet, please write: Attention: DMCA NOTICE).

ii. Filing a Counter-Notice

If material that you have posted to an Adidam Site has been taken down, you may file a counter-notification (“Counter-Notice”):

Your Counter-Notice must:

  1. Describe and list all material(s) that were removed by Adidam and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
  2. Provide your name, address, telephone number and email address (if available);
  3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
  4. State that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S., for any judicial district in which Adidam may be found, and that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us;
  5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. Include your signature;
  7. Be sent to our designated DMCA designated agent at the following address:
    DMCA Agent
    Adidam
    P.O. Box 70, Lower Lake, CA 95457
    Email: DMCA_AGENT@adidam.org
    Fax: (707) 928-5068 (on the cover sheet, please write: Attention: DMCA COUNTER-NOTICE).