Terms and Conditions

1. Introduction

- Purpose of the Terms and Conditions

- Acceptance of Terms

- Effective Date

Thank you for visiting the Energy Swaraj Foundation’s home on the web. We are committed to transparency, openness, and respect for all people’s rights—a philosophy that extends to the content on this site.

Through a license, we encourage greater accessibility to the materials that foundation staff and grantees create and publish, which means you can share and repurpose much of what you see on energyswaraj.org, but not everything. While we are firm believers in openness, we also strive, whenever possible, to protect the rights of individual artists and their works. For more information about your rights as a creator or a potential user of content from our site, please read the terms of use below.

These terms of use apply to the Website of the Energy Swaraj Foundation located at energyswaraj.org and any other Websites under the control of the Energy Swaraj Foundation (the “Website”), however the Website is accessed and/or used, whether via personal computers, mobile devices or otherwise, and other interactive features, applications (including mobile applications). In addition to the Content (as defined below) on the Website and the services provided by us through the Website (“Services”), the Website provides you with various opportunities to participate in various community Services.

By using our Website and the Services, you are accepting the practices described in these terms of use. We reserve the right to modify or amend these terms from time to time without notice. Your continued use of our Website following the posting of changes to these terms of use will mean you accept those changes.

2. Use of Website

- Permissible Uses

- Prohibited Uses

- Compliance with Laws

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Website.

3. Intellectual Property Rights

- Ownership of Content

- Trademarks and Logos

- Permitted Use of Intellectual Property

- Prohibited Use of Intellectual Property

All of the content featured or displayed on the Website (“Content”) is owned by the Energy Swaraj Foundation, its licencors and/or its Content providers. All elements of the Website, including without limitation the design and the Content, are protected by copyright, trademark and other laws relating to intellectual property.

The Content owned by the Energy Swaraj Foundation (i.e., all design elements, text, graphics and arrangements) is licensed to the public through the Creative Commons Attribution 4.0 International license. This license allows users to download Content owned by us (that is not specifically restricted) from the Website and to share it, adapt it, transform it and build upon it for any purpose, so long as any such use:

(a) includes appropriate credit to the Energy Swaraj Foundation;

(b) contains a link back to energyswaraj.org as the original source of the work and a link to the Creative Commons Attribution 4.0 International license; and

(c) indicates if changes were made to the original Content. Except as authorized under copyright law, you are responsible for obtaining permission to use any Content owned by any party other than the Energy Swaraj Foundation. This includes most photographs, illustrations and videos present on the Website, which are licensed by the Energy Swaraj Foundation from third parties and come with limited rights that do not allow us to make them available via a Creative Commons license.

If you want to know who the copyright holder is for a specific photo, illustration or video, please contact us at info@energyswaraj.org and we will provide you with that information. You shall comply with all applicable law regarding your use of the Website and the Services. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

All trademarks, service marks and trade names of the Energy Swaraj Foundation or its partners, vendors or licensors used herein (including, but not limited to, the Energy Swaraj Foundation name and the Energy Swaraj Foundation logo) (collectively “Marks”) are trademarks or registered trademarks of the Energy Swaraj Foundation or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the Energy Swaraj Foundation’s prior written consent. The use of the Marks on any other Website or network computer environment is not allowed. The Energy Swaraj Foundation prohibits the use of the Marks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance.

4. User Conduct

- Guidelines for User Behavior

- Prohibited Activities

- User-Generated Content

Where the Energy Swaraj Foundation has specifically invited or requested submissions, the Energy Swaraj Foundation encourages members of the public to submit user published Content or user Content (e.g., postings to chat rooms, comments to our blogs, participation in communities, videos, tips, etc.) to the Energy Swaraj Foundation that they have created for consideration in connection with the Website and any related programs, books and broadcasts (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting User Submissions on our Website, you expressly grant the Energy Swaraj Foundation a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such User Submissions and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User submissions are deemed non confidential, and the Energy Swaraj Foundation shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties. The Energy Swaraj Foundation may reject any submissions or postings in which the Energy Swaraj Foundation believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, the Energy Swaraj Foundation reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Website. You further understand and agree that sending unsolicited e-mail advertisements to the Website or any user of the Website or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

5. Privacy Policy

- Link to Privacy Policy

- Data Collection and Usage

- Data Protection and Security

You understand that you may need to create an account to have access to certain portions of the Website. In consideration of your use of such portions of the Website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Energy Swaraj Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Energy Swaraj Foundation has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information.

6. Third-Party Links

- Disclaimer for Third-Party Content

- Third-Party Websites and Services

From time to time, this Website may contain links to websites that are not owned, operated or controlled by the Energy Swaraj Foundation. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

7. Disclaimer of Warranties

- Website Content

- Website Availability

- Accuracy and Reliability

Your use of this Website is at your risk. The information, materials and services provided on or through this Website are provided “as is” without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property. The Energy Swaraj Foundation does not warrant the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials and services provided on or through this Website may be out of date, and the Energy Swaraj Foundation does not make any commitment or assume any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

8. Limitation of Liability

- Exclusion of Damages

- Limitation of Liability

- Exceptions

The Energy Swaraj Foundation does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control.

In no event will the Energy Swaraj Foundation, or any of its officers, trustees, directors, employees, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any Websites linked to this Website, or the materials, information or services contained on any or all such Websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that the Energy Swaraj Foundation shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website.

9. Indemnification

- User Responsibilities

- Indemnity Clause

You agree to defend, indemnify, and hold the Energy Swaraj Foundation harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the India or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to the Energy Swaraj Foundation; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.

10. Changes to Terms

- Right to Modify Terms

- Notification of Changes

- Continued Use after Changes

These Terms and Conditions are the entire agreement between the user and the Energy Swaraj Foundation and supersede any prior understandings or agreements (written or oral).

11. Contact Information

- Contact Details for Inquiries

- Procedure for Contacting the Foundation

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at info@energyswaraj.org

If you are a member of the press, please contact (if any).