SHIAMAK DAVAR INTERNATIONAL (USA) INC ("SHIAMAK USA") provides access
to this Website free of charge to provide information about in relation to Shiamak Davar and
SHIAMAK USA, including events, classes and other activities as more particularly set out
in 'Purpose' herein below.
Kindly note that access and use of the Website is subject to the following Terms and Conditions
which by using the site, you/the User expressly accept and agree. If you do not agree to these
Terms and Conditions, we do not give you permission to access or otherwise use the Website
and request you to discontinue use of the Website.
1. Purpose
i) The authorized use of the Website is to obtain information about Shiamak Davar,
SHIAMAK USA, shows, events and dance classes. The Website also provides
information about separate, independent entities in relation to shows, events and dance
classes for information purposes. Separately, the authorized use of the Website is also
for the purposes of enrolment and registration of dance classes held in India. No other
use is permitted. The information contained on this Website is for general purposes only
and while we endeavour to keep the information up to date and accurate, we make no
representations or warranties of any kind, express or implied, about the completeness,
accuracy, reliability, suitability or availability with respect to the Website or information
or products or services. Any reliance you may place on such information is strictly on
your own volition and at your own risk.
2. Proprietary Rights
i) SHIAMAK USA is the owner and/or authorized user and/or licensee of the rights,
title and interest in and to the Website, as well as the content which includes audio,
photos, illustrations, graphics, visuals, video, software, code, date, texts, codes, data and
materials (hereinafter referred to as the "Content"), thereon; the look, feel and design
of this Website; the organization, structure, compilation of the Contents of the Website;
data and materials on the Website, including but not limited to any copyrights, trademark
rights, other intellectual property and proprietary rights therein.
ii) The use of this Website does not grant any ownership, license or other right to use
over any Content accessed by you/the User. Any copy, reproduction, use, distribution,
publication or exploitation of the Website, or the Content on the Website whether
commercial or otherwise, is strictly prohibited unless you have received the express prior
written permission of SHIAMAK USA.
iii) No reproduction of any part of the Website may be sold or distributed for commercial
gain, nor shall it be modified or incorporated in any other work, publication or Website,
whether in hard copy or electronic format, in any manner whatsoever.
3. Intellectual Property Rights
i) SHIAMAK USA is the owner and/or authorised user and/or licensee of all trade marks,
service marks, design marks, patents, copyrights, database rights and all other intellectual
property appearing on or contained within the Website ( the "Intellectual Property
Rights"), unless otherwise indicated. Except as provided in these Terms & Conditions,
use of the Website does not grant you any right, title, interest or license to any such
Intellectual Property Rights or other content you may access on the Website. Except
as provided in these Terms & Conditions, any use or reproduction of the Intellectual
Property or Content is prohibited.
ii) If you make unauthorized use of the Website, or its Contents, you may violate the
Intellectual Property laws applicable in United States of America and/or other countries
and may be subject to liability for such unauthorized use. SHIAMAK USA would be
entitled to seek protection/enforce its Intellectual Property Rights in relation thereto by
any means available under law including by obtaining injunctive reliefs at your costs.
4.User Information
SHIAMAK USA may collect and store personally identifiable information (including
but not limited to names, address, unique identification numbers, email address and
phone numbers) (the “User Information”), about persons who visit this Website and
voluntarily submit the User Information and/or personal details to SHIAMAK USA. You
acknowledge and agree that you are solely responsible for the accuracy and content of the
User Information.
5.Security
SHIAMAK USA assumes no responsibility for the security of this Website and/or your
communications with the Website.
6. Links to websites
i) Through this Website, you may be able to access links to third party websites ("Linked
Sites"). For the purpose of enrolment and registration for classes held outside USA, you
will be able to link from the Website to the Linked Sites and enrol and register from
the Linked Sites. The links from the Website to third party websites for information
purposes, which are not under the control of SHIAMAK USA.
ii) SHIAMAK USA has no control over the nature, information, products, services,
advertising, content, other materials and availability of the Linked Sites and/or third
party websites which may or may not be provided though the Linked Sites. The links
to the third party websites do not constitute an endorsement by SHIAMAK USA of
such websites or the information, content, products, services, advertising, code or other
materials presented on or through such websites.
iii) The links to the Linked Sites and/or third party websites are for information purposes
only and SHIAMAK USA assumes no obligation, responsibility or liability arising from
such Linked Sites and/or third party websites nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained
in any information within such Linked Sites and/third party websites.
7. Disclaimer
i) SHIAMAK USA disclaims any express or implied warranty of merchantability and
fitness for a specific purpose.
ii) SHIAMAK USA assumes no responsibility for the security of this Website and/or your
communications with the Website. SHIAMAK USA, each of its affiliated persons, its
officers, employees, successors or assigns, managers, directors or agents (“Associated
Persons”) shall not be liable for any loss, damage or expense arising out of: (1) timelines,
accuracy, unavailabity or interruptions in availability, virus that may infect, your
computer equipment or other property on account of your access to, use of, or browsing
in the Website or your downloading of any materials, data, text, images, video, or audio
from the Website or other defects in the Website or its contents; (2) any access to, or use
of, this Website or any website linked to it, including, without limitation, any loss of data
or profit, arising out of or in connection with the use of this Website, indirect, incidental
or consequential loss whatsoever; (3) any theft, destruction or unauthorized access to
or alteration of entries; (4) any problems or technical malfunctions of any computer
hardware, software, networks, lines, online systems, providers or servers associated with
or used for the workshop or any other service offered by SHIAMAK USA, whether
originating from entrants, sponsors or others; (5) failure of any entry to be received by
the entry deadline on account of traffic congestion or technical problems on the internet
or at any Website, or any combination thereof; (6) any incomplete, inaccurate, illegible,
garbled, defective, misdirected or misrouted entry; (7) any injury or damage to any
computer related to or resulting from participation in or downloading any materials for
this competition; (8) any disputes, claims, damages, fees, costs, injuries or damages
associated with or involving the use of any prize; or (9) any delay, postponement,
suspension or termination of the competition.
iii) If you are dissatisfied with the site, your sole remedy is to discontinue using the Website.
iv) You expressly agree that use of the Website is at your sole risk.
v) SHIAMAK USA shall not be liable for any loss, damage or expense arising out of dance
classes, shows, workshop, events, with the acceptance, possession, use of any prize
(including, without limitation, claims, costs, injuries, losses and damages related to rights
of publicity or privacy, defamation, or portrayal in a false light).
8. Limitation of Liability
In no event shall SHIAMAK USA, and/or its Associated Persons be liable for any
direct, indirect, punitive, incidental, special or consequential damages arising out of or
in any way connected with the use of this Website or with the delay or inability to use
this Website, or for any Content, information, software, products, features and services
obtained through this Website, or otherwise arising out of the use of this Website,
whether based on contract, tort, strict liability or otherwise.
9. Amendments, Modifications and Updation
i) SHIAMAK USA, reserves the right to revise and update these Terms and Conditions at
any time, which shall be effective on the date of posting to the Website of the new and
amended rules.
ii) SHIAMAK USA also reserves the right, for any reason, in its sole discretion, to
terminate, change, suspend, or discontinue any aspect of the Website, including, but not
limited to it's content or features.
iii) SHIAMAK USA reserves the right to your access to any or all parts of the Website
without notice or penalty.
10. Dispute Resolution
i) The Terms and Conditions and the relationship between you and SHIAMAK USA shall
be governed by Laws of USA, without regard to its conflict of law provisions. Any
dispute, difference and/or cause of action that may arise under the Terms and Conditions
and/or the use of the Website shall be commenced and be referred to a sole arbitrator
appointed by SHIAMAK USA. The courts at New York shall have the exclusive
jurisdiction in relation thereto.
ii) SHIAMAK USA's failure to exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision.