Terms of use | Noldenbirge

Updated on: 19 August 2024

We understand it is tempting to skip these Terms of Service, but it is crucial to outline what you can expect from Noldenbirge Foundation when using our services and products, and what we expect from you. We request you to read these Terms of Service carefully before you start using the Site.

This document is an electronic record under the Information Technology Act, 2000, and its applicable rules, as well as other relevant statutes. It originates from a computer system and requires no physical or digital signatures.

Acceptance of Terms
This is a legally binding agreement between you, the user (“User” or “You”), and Noldenbirge Foundation or its affiliates, subsidiaries, related corporate entities, and authorised partners (collectively, “Noldenbirge Foundation,” “Noldenbirge,” “we,” “us,” or “our”). This agreement governs your use of our website, digital products, services or mobile applications (collectively, the “Noldenbirge Services,” “Services,” or “Site”). By accessing or using the Site, you agree to these Terms of Use and our Privacy Policy. These terms, along with any other terms governing the Site, constitute the entire agreement between us (the “Terms”). If you disagree with any part of the Terms, you may not use the Services.

Subject to Indian Contract Act, 1872, through these Terms of Use, you are contracting with Noldenbirge Foundation, a not-for-profit company incorporated under the Companies Act, 1923, pursuant to sub-section (2) of section 7 and sub-section (1) of Section 8 of the Companies Act, 2013 (18 of 2013) and rule 18 of the Companies (Incorporation) Rules, 2014. The Foundation's registered office is at House No: 147, Meryland, Krupanagar, Kunjal P O, Brahmavara, Udupi, Udupi- 576213 Karnataka, India.

If you are under 18 or younger than your home state or country's legal age for using our Site, you need your parent or legal guardian's permission to use our Services. Please have them read these Terms with you. If you are a parent or legal guardian allowing your child to use our Services, these terms apply to you, and you are responsible for your child's activities on the Site. Some of our Services might have additional age requirements as explained in their terms. Your privacy matters to us. Please carefully review our Privacy Policy.

You are subject to any additional guidelines, policies, or rules we post for specific Services and features (the "Guidelines"). We encourage you to read these Guidelines. All Guidelines are part of these Terms and incorporated by reference. If any part of these Terms conflicts with the Guidelines, these Terms govern.

These Terms (excluding the Privacy Policy), and any future modifications to them, govern your use of our Services and create a legal agreement between you and Noldenbirge Foundation. You acknowledge the existence of the Privacy Policy.

If you do not agree to these Terms, please immediately discontinue using any of our Services you are currently using.

Donating to Noldenbirge Foundation
The Ministry of Corporate Affairs incorporated and licensed Noldenbirge Foundation as a Section 8 Company on 15 April 2024. Our Corporate Identity Number is U85500KA2024NPL187443. Our Section 8 Licence Number is 155872.
Our Tax Deduction and Collection Account Number (TAN) is BLRN21454G.

We received our provisional 12A and 80G clearance on 20 July 2024 from the Income Tax Department. Our PAN number is AAJCN5583B. Our 12A Unique Registration Number is AAJCN5583BE20241, subject to 02-Item (A) of sub-clause (vi) of clause (ac) of sub-section (1) of section 12A, from AY 2025-26 to AY 2027-2028. Our 80G Unique Registration Number is AAJCN5583BF20241, subject to 12-Sub-clause (A) of clause (iv) of first proviso to sub-section (5) of section 80G, from AY 2025-26 to AY 2027-2028. We do not have FCRA clearance yet.

All the donations you make to Noldenbirge Foundation on our site or a third-party partner website are subject to income tax exemptions subject to 12-Sub-clause (A) of clause (iv) of the first proviso to sub-section (5) of section 80G, from AY 2025-26 to AY 2027-2028 and subject to 02-Item (A) of sub-clause (vi) of clause (ac) of sub-section (1) of section 12A, from AY 2025-26 to AY 2027-2028.

Donations to the Noldenbirge Foundation may be made using various payment methods, including credit/debit cards, net banking, and e-wallets. All donations processed through the Site are handled by secure payment gateways. We do not accept donations in cash or kind. Donors are advised to conduct their own due diligence concerning any information related to us prior to making a donation.

We reserve the right to modify, discontinue, or temporarily or permanently suspend the donation facility, with or without prior notice. We shall not be liable to the donor or any third party for any such modifications, discontinuations, or suspensions.

Donations: Cancellation and Refund
You may cancel your donation and request a refund within 7 working days from the date of your donation. To request a refund, please email hello[a]noldenbirge.org within this 7-day period. Noldenbirge Foundation has a cooling-off period policy, which ensures that donated funds are utilised only after the expiration of this 7-day period. This cooling-off period is designed to provide you with a reasonable opportunity to reconsider your donation. To process a refund, you must provide either the digital donation receipt issued by our payment gateway partner or a sanitised copy of your bank statement reflecting the date of the donation. The refund will be processed promptly, with any applicable payment gateway charges deducted, and without further inquiry. Please be advised that, in the event of a refund, an 80G receipt cannot be issued. Nonetheless, we will notify the Income Tax Department of India regarding the donation and its subsequent cancellation, including the reason provided for the cancellation.

Noldenbirge Foundation does not solicit or accept donations from individuals or organisations that are politically exposed. Should you be a politically exposed individual or organisation, we request that you refrain from contributing to our cause. In the event that we determine that a donor is politically exposed, we reserve the right to refund the donation, less any processing fees incurred by our payment gateway service partner at the time of the donation. Furthermore, we will notify the relevant authorities in India regarding the matter.

Noldenbirge Foundation does not solicit or accept donations from individuals or organisations that are criminally liable. Should you have been convicted under the criminal laws of India or served a prison sentence for a criminal offence, we request that you refrain from making a donation to our organisation. In the event that we ascertain that a donor was convicted of a crime, we reserve the right to refund the donation, less any processing fees incurred by our payment gateway service partner at the time of the donation. Additionally, we will notify the relevant authorities in India regarding the situation.

We reserve the right to delay refunds (without payment of interest) or refuse to process refunds to any donor, including for any transactions deemed questionable, if directed to do so by a competent authority such as the Income Tax Department.

Donations: 80G and 10BE Receipts
The Noldenbirge Foundation does not solicit or accept anonymous donations. When you make a donation through our website, we will collect your name, email address, phone number, residential address, and Permanent Account Number (PAN). This information is used exclusively for processing your 80G receipt and reporting the donation to the Income Tax Department of India. The Noldenbirge Foundation will issue a printed receipt for your donation within 12 working days from the date of the donation. Additionally, a copy of your 10BE Form for the donation will be sent to you in the first week of June following the conclusion of the financial year in which the donation was made. For donations exceeding INR 2,000, the Noldenbirge Foundation will send printed copies of both the 80G receipt and the 10BE Form by post.

Occasionally, the Noldenbirge Foundation may include promotional memorabilia with our donation drives. If promotional memorabilia is offered at the time of your donation, it will be dispatched to you by post within 12 working days from the date of the donation. Please be advised that you will not be eligible to receive any promotional memorabilia if you cancel your donation and request a refund. Noldenbirge Foundation reserves the right to conduct donation campaigns on our site or on the sites of third-party fundraising partners, with or without promotional memorabilia associated with the campaign.

We reserve the right to delay the issuance of receipts or refuse to process receipts for any donor, including for transactions deemed questionable, if directed to do so by a competent authority such as the Income Tax Department.

Subscriptions on Noldenbirge Foundation
Noldenbirge Foundation is a not-for-profit organisation focused on applied education research, dedicated to designing and distributing learning solutions for parents, caregivers, teachers, school administrators, and student teachers. Depending on the availability of funds, we may offer our services and products to the community at no cost. However, there may be instances where a reasonable fee is required for certain services and products. Consequently, you may need to subscribe or pay for access to some of our services and products.

We may offer various subscription plans, including those provided in conjunction with third-party products and services. The Noldenbirge Foundation is not responsible for the products and services offered by such third parties. Subscription plans may have differing conditions and limitations, which will be disclosed to you at the time of sign-up or in other communications provided to you.

From time to time, we may offer special promotional offers, plans, or memberships (“Offers”). Eligibility for these Offers is determined at the sole discretion of the Noldenbirge Foundation. We reserve the right to revoke any Offer and place your account on hold if we determine that you do not meet the eligibility criteria. Members of households with an existing or recent Noldenbirge membership may not be eligible for certain introductory Offers. We may use information such as device ID, payment method, or account email address associated with an existing or recent Noldenbirge membership to assess eligibility. The specific eligibility requirements, as well as any limitations and conditions, will be disclosed at the time of sign-up for the Offer or in other communications provided to you.

The subscription fee for the Noldenbirge service, along with any additional charges incurred in connection with your use of the service—such as taxes and transaction fees—will be billed to your Payment Method on the specific payment date indicated on the "Account" page. The duration of your billing cycle will be determined by the type of subscription plan you selected at the time of registration. Payment dates may vary under certain circumstances, such as if your Payment Method fails to settle successfully, if you change your subscription plan, or if your subscription starts on a day not covered in a given month. We may authorise your Payment Method in advance for subscription or service-related charges using various methods, including authorization for up to approximately one month of service at the time of registration. If you subscribed using a third-party account as your Payment Method, billing information for your Noldenbirge subscription can be found by accessing your account with the relevant third party.

Subscription: Cancellation and Refund
You may cancel your Noldenbirge subscription at any time, and you will retain access to our services through the end of your current billing period. To the extent permitted by applicable law, payments are non-refundable, and we do not offer refunds or credits for any partial membership periods or unused content. Upon cancellation, your account will automatically terminate at the end of the current billing period. If you subscribed to our services using a third-party account as your Payment Method and wish to cancel, you may be required to do so through the third party. This may involve visiting your account with the third party to disable auto-renewal or to unsubscribe from our services through that third party.

User-generated Content
Absent a separate agreement with us, Noldenbirge Foundation claims no ownership rights to content created by users and shared through our Services (including on our social media channels), including content in our blogs or forums ("Your Content"). We reserve the right to disable users' ability to share content through our Services. Additionally, we may use a third-party provider, such as YouTube, to offer a forum on our Services for sharing Your Content. After posting Your Content, subject to any rights of third-party providers, you retain ownership rights to Your Content and may use and licence Your Content as you choose. Content you upload to our Services must comply with these Terms.

You hereby grant Noldenbirge Foundation a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right and licence to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display Your Content in any and all media formats or channels, now known or hereafter devised. This includes, but is not limited to, our Services (and our social media channels), without payment or further consent from you. Please note that content you remove might persist in backup copies for a reasonable time. Additionally, you may not be able to remove content you have posted publicly in some cases.

You agree that we may remove your Content at our sole discretion. If we remove your Content from our Services due to a Terms violation, including in response to a judicial or administrative order or because the Content contains illegal or objectionable images, we may use and reproduce your Content to comply with legal orders, assist government agencies, or protect our Services, individuals, or the public. You waive any claims against us for removed, lost, altered, damaged, misused, or irretrievable Content.

You are responsible for ensuring that you have all rights to Your Content, including the rights necessary to grant the required licences to our Services. You bear sole responsibility for Your Content. Our Services do not guarantee any confidentiality or privacy regarding Your Content.

You understand and agree that Your Content displayed on our Services may continue to appear on our Sites even after your account is deactivated for any reason. This is because portions of Your Content might have been incorporated into other features of our Services, including but not limited to profiles, community boards, third-party social-sharing sites, and other features.

Submissions
We encourage our users to share suggestions and ideas with us informally. If you send us creative suggestions, ideas, notes, drawings, concepts, or other materials (e.g., chat postings, survey responses, message board entries, contest submissions, or similar items) (collectively, "Submissions"), you automatically grant, or warrant that the material’s owner expressly grants, Noldenbirge Foundation a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, and distribute the Submission (in whole or in part) through our Services and/or to incorporate it into our Services or other works in any format, media, or technology now known or hereafter developed for any purpose Noldenbirge Foundation chooses. Noldenbirge Foundation does not claim ownership of Submissions.

Noldenbirge Foundation is not obligated to integrate any Submission into our Services but may do so at its sole discretion. Whether or not we integrate a Submission, Noldenbirge Foundation is not obligated to keep Submissions confidential and may publicly disclose or use them. The sender understands that Noldenbirge Foundation may use Submissions without compensating the sender or providing credit, depending on the Submission’s form. The sender waives all so-called "moral rights" in all Submissions and cannot make claims against Noldenbirge Foundation related to unsolicited Submissions.

From time to time, Noldenbirge Foundation may offer opportunities to participate in sponsored events, promotions, and presentations by requesting user Submissions through our website, social media channels, or other means. Noldenbirge Foundation will post guidelines (or provide forms) on our Services regarding your Submission. These guidelines aim to help you provide us with a suitable Submission. Noldenbirge Foundation may alter or change the guidelines without notifying you. For example, Noldenbirge Foundation may extend a Submission deadline or accept/reject Submissions outside the guidelines at its discretion. User Submission requests are not contests, and we may evaluate user Submissions in any way Noldenbirge Foundation and its affiliates consider appropriate.

Noldenbirge Foundation does not guarantee reviewing or considering any Submission for publication. In some cases, we may use Submissions not chosen for a Submission request on our Services before, during, or after the Submission request closes. Such appearance on our Services is unrelated to the decision to use your Submission for a specific event, promotion, or presentation.

Licences from Noldenbirge Foundation
Licence Grants
Our Services strives to make its resources (our Services) widely available to improve the K-12 learning process. To achieve this goal, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable licence to access and use our Services, for personal or educational purposes, during the term and subject to the conditions set forth in these Terms. This licence permits you to:

Download our Services onto your personal device.
Include our Services in a presentation for use at a conference, workshop, course, or webinar.
Print pages from our Services for non-profit and educational uses, provided you include our copyright notice and any other required credit, byline, and copyright notice specific to the content. This includes source attribution on each printed page following this format: "Originally published (insert publication date) © noldenbirge.org; Noldenbirge Foundation".
Link to noldenbirge.org or embed our video player containing our Services on any web-based content (including free or paid content), such as websites, blogs, e-textbooks, and online courses. All forms of display, including links and embeds, must be accompanied by a prominent source link back to our Services (collectively, the "Automatic Licensed Uses").

Automatic Licensed Uses
This clarifies the automatic rights granted when using our Services. You acknowledge that these Automatic Licensed Uses are the only rights granted without our specific written permission.

Intellectual Property Rights
As between you and us, all intellectual property rights in our Services are owned by us or our licensors.

Uses Requiring Additional Licence
For any use beyond the following Automatic Licensed Uses, you will need an Additional Licence. To request a licence, please email us to hello[a]noldenbirge.org. We will review your request and respond promptly. If approved, we will send you an Additional Licence specific to your intended use.

Here are some examples of uses requiring an Additional Licence:

Hosting our Services on a server for redistribution.
Modifying our Services or creating derivative works based on them.
Using our Services in connection with a published product (e.g., book, magazine, film, video, television program, or audio/visual representation).

Questions
If you have any questions about our licensing policies, please feel free to email us at hello[a]noldenbirge.org

Licence Restrictions
Except as expressly permitted under these Terms, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

Rent, lease, loan, or sell access to our Services.
Decompile or reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation) or attempt to access the source code of the software underlying our Services.
Access (or attempt to access) any service on our Services by any means other than as permitted in these Terms.
Circumvent, disable, or otherwise interfere with any features of our Services that prevent, restrict, or limit the copying, sharing, or other unauthorised manipulation of any Services or any third-party content.
Access our Services to cause a breach of security to our Services or interfere with the proper working of our Services or prevent others from using our Services.
Programmatically or manually copy, scrape, or appropriate data, including text and images, from content pages accessed through our Services.
Programmatically or manually remove or reformat page elements, including the Noldenbirge logo, page header, and page footer, from content.
Host or publish copies of our content or all or part of our website without attribution.
Delete the copyright and other proprietary rights notices on our Services or Noldenbirge Resources.

Noldenbirge is a nonpartisan organisation and does not take positions on any legislation or ballot measures, nor does it endorse or oppose any candidates in elections to public office (collectively "Lobbying Activities"). As such, you are not permitted to use any of our Services in connection with any such Lobbying Activities.

Interactive and Social Features
To the extent such service is available on our Services, you are welcome to post Your Content to forums, blogs, bulletin boards, chat rooms, user commenting features, or other interactive or social features that may be offered within, or in connection with, our Services (collectively, "Forums"). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and by other third parties without restriction. In addition, if you post Your Content on a third-party service that references our Services, Your Content may be used on, or in connection with, our Services.

Our Services accept no responsibility whatsoever in connection with or arising from Your Content or for the personal information you choose to submit in these features. Our Services do not endorse and have limited control over the content submitted by others to Forums. Content submitted to Forums is not necessarily reviewed by our Services prior to posting and does not necessarily reflect the opinions or policies of our Services. Our Services make no warranties, express or implied, as to the content in the Forums or the accuracy and reliability of any content and other materials in the Forums. Nonetheless, our Services reserve the right to prevent you from submitting Your Content to Forums and to edit, restrict, or remove Your Content at their sole discretion.

Our Services assume no responsibility for actively monitoring Forums for inappropriate content. If our Services choose, at their sole discretion, to monitor the Forums, they nonetheless assume no responsibility for the content on the Forums, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content. In submitting Your Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.

Your Content that is posted on a Forum may be used by our Services and copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed, or deleted as our Services see fit.

Noldenbirge Foundation Trademarks and Legal Notices
Noldenbirge trademarks, logos, images, service marks, trade names, and other distinctive branding features used in our Services (collectively, the "Noldenbirge Marks") are the trademarks of Noldenbirge Foundation and may not be used without permission. Noldenbirge Foundation is not granting you a licence under any intellectual property right to Noldenbirge Marks. Other trademarks, logos, and trade names that may appear in our Services are the property of their respective owners. You may not remove any Noldenbirge Mark from any part of our Services.

Noldenbirge Foundation Ownership Rights
Our Services are protected by the Copyright Act of 1957, trademark law, international conventions, and other applicable laws. All text, graphics, photographs, audio and/or video material, stills from audiovisual material, or any other materials, including downloadable material, contained in our Services (collectively, the "Materials") are the copyrighted property of Noldenbirge Foundation, its subsidiaries, affiliated companies, and/or third-party licensors. These Materials are offered to you by Noldenbirge for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to Noldenbirge, its affiliates, and/or third-party licensors. Nothing in these Terms shall be construed as conferring any licence or right to use any trademark, design right, or copyright of Noldenbirge, Noldenbirge Foundation, or any other third party.

As between you and Noldenbirge, Noldenbirge owns all rights (including all intellectual property rights), title, and interest in our Services. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in these Terms. Any rights not expressly granted herein are reserved to Noldenbirge Foundation. You agree to abide by all copyright notices, information, or restrictions contained in any part of our Services.

Third Party Content and Hyperlinks to Third Party Sites
Content from other users, including information about third-party products and services and any third-party applications ("Third-Party Content"), is made available to you through our Services. The inclusion of Third-Party Content in our Services does not imply our affiliation with or endorsement of such Third-Party Content. Because we do not control Third-Party Content, we are not responsible for it, including its accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights. The originator of any Third-Party Content is solely responsible for it, and our Services have no obligation to monitor such content. Notwithstanding the foregoing, our Services or their designees reserve the right, but have no obligation, to prescreen, filter, remove, or refuse to accept, post, display, or transmit any Third-Party Content in whole or in part, with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether such Third-Party Content is appropriate or acceptable to you, and you use our Services at your own risk.

Additionally, our Services or third parties may provide hyperlinks or other forms of link or redirection to other sites ("Third-Party Sites"). These Third-Party Sites are not integrated into our Services, and the inclusion of any link does not imply our affiliation with or endorsement of such Third-Party Sites, their business practices (including their privacy policies), or any information therein. Our Services expressly disclaim responsibility for the accuracy, quality, legality, nature, availability, or reliability of Third-Party Sites linked to, by, or through our Services. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH THEM, IS SOLELY AT YOUR OWN RISK.

Acceptable Use and Conduct
You represent and warrant to Noldenbirge Foundation that (a) you will comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of our Service; (b) you have the right to grant to Noldenbirge Foundation the rights granted herein, and you own or have all necessary rights to, title to, and interest in Your Content; (c) Your Content does not and will not (i) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer-programming routines that may potentially damage, harm, or otherwise interfere with our Services or access to our Sites. You are solely responsible for your conduct and Your Content on our Services. We want to keep our Services safe and fun for everyone, and the use of our Services for unlawful or harmful activities is not allowed. You specifically agree that you will not post, email, or make available any content (including submission of any Messages to Forums or any of Your Content) to users or use our Services:

in a manner that infringes, violates, or is misappropriation of Noldenbirge Foundation or any third party's copyright, trademark, trade secret, or other intellectual or property rights, contractual rights, or rights of publicity or privacy;
to reveal trade secrets or any information that you have agreed, expressly or by implication, to keep confidential;
in a manner that contains software viruses, scripts, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
to engage in illegal activities or any advertising, commercial, marketing, or promotional activities that are intended to solicit users (whether on or off our Services) to buy or sell services or to make donations or to link to, directly or indirectly, any sites that violate these Terms or any applicable laws, regulations;
in a manner that is misleading, deceptive, fraudulent, or otherwise illegal or that promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that constitutes (or encourages conduct that would constitute) a criminal offence; gives rise to civil liability or otherwise violates any local, state, national, or international law; or may create liability for Noldenbirge Foundation or cause Noldenbirge Foundation to lose (in whole or in part) the services of our ISPs or other suppliers;
in a manner that is libellous or defamatory or in a way that is otherwise threatening, abusive, violent, harassing, malicious, or harmful to any person or entity or invasive of another's privacy or publicity rights;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age or is otherwise objectionable, as reasonably determined by Noldenbirge;
to misrepresent your affiliation with any person or entity or to obtain access to our Services without authorization;
to interfere or attempt to interfere with the proper working of our Services or prevent others from using our Services or accessing our Sites or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to our Services or that otherwise negatively affects other persons' ability to use our Services or access our Sites;
to obtain or attempt to obtain any Materials or information through any means not intentionally made available through our Services;
to use any manual or automated means, including agents, robots, scripts, spiders, or web-scraping tools, to monitor or copy our Services;
to use high-volume automated website crawlers to cause excessive server load or denial of service;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person's explicit consent;
in a manner that employs misleading email or IP addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Noldenbirge Resources transmitted through Noldenbirge Technologies or to users; and
in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in Your Content; or (2) emailed to users who have requested not to be contacted about other services, products, or commercial interests.

You acknowledge that Noldenbirge Foundation may terminate your account and remove your account information, as well as disable your access to our Services, for violation of this section or these Terms and any other reason as Noldenbirge Foundation may deem reasonably necessary.

Copyright Infringement/Information Technology Act, 2000 Compliance
It is our policy to adhere to the provisions of the Information Technology Act, 2000 ("ITA 2000") regarding notices of alleged copyright infringement.

Notification of Infringement: We respect the intellectual property rights of others and will respond to clear and compliant notices of alleged copyright infringement as stipulated by the ITA 2000. We will also take prompt action to terminate, without notice, the accounts of users determined to be "repeat infringers." If you are a copyright owner or an authorised agent and believe that any content on Noldenbirge infringes your copyrights, you may submit a notification pursuant to the ITA 2000 to our Designated Copyright Agent (details below). Please be advised that under Section 66 of the ITA 2000, any individual who knowingly materially misrepresents that material or activity is infringing may be liable for damages.

Counter Notification: If we remove or disable access to a Noldenbirge Resource in response to an infringement notice, we will make reasonable efforts to notify the owner or administrator of the affected site or content. If you believe that your material does not infringe any copyrights, you may submit a counter notification in writing to our Designated Copyright Agent (details below), providing all required information as specified by the ITA 2000. Please be aware that you may be liable for damages, including costs and attorney's fees, if you materially misrepresent that an activity is not infringing. We advise seeking legal counsel if you are unsure whether an activity constitutes copyright infringement.

Designated Copyright Agent: Our Designated Copyright Agent for receiving notifications and counter notifications of claimed infringement is:

Designated Copyright Agent
Noldenbirge Foundation
147, Krupanagar
Kunjal PO
Brahmavar
Udupi, Karnataka
576 213, India

Call: +91 90197 26867
Email: hello[a]noldenbirge.org

For clarity, only notices under the ITA 2000 should be directed to our Designated Copyright Agent. All other feedback, comments, technical support requests, or communications should be addressed to our customer service department. Failure to comply with all requirements outlined in this section may render your ITA notice invalid.

Account Responsibilities
In order to access, interact with, or use certain Services, you may be required to register and create an account. You are responsible for maintaining the security of your Noldenbirge account information. You agree to provide accurate, complete, and up-to-date information for the duration of your account. Noldenbirge accounts are non-transferable, and you will be solely responsible for any activity occurring within your account. Noldenbirge reserves the right, at its sole discretion, to log off or deactivate accounts due to extended inactivity, violations of these Terms, or for any other reason. You may deactivate your Noldenbirge account and cease using our Services at any time by sending an email to hello[a]noldenbirge.org requesting account deactivation.

Disclaimer of Warranties
YOUR USE OF OUR SERVICES (INCLUDING THIRD-PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK. OUR SERVICES (INCLUDING THIRD-PARTY CONTENT) ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS. WE AND OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE AND OUR SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS DISCLAIM ANY WARRANTY THAT OUR SERVICES (INCLUDING THIRD-PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Indemnity
You agree to indemnify, defend, protect, and hold harmless Noldenbirge Foundation, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

your use or misuse of, or connection to, our Services;
your breach or alleged breach of these Terms;
your violation of any rights (including intellectual property rights) of a third party; and
your use or misuse of any user data, including use in violation of the Noldenbirge Foundation Privacy Policy.

Noldenbirge Foundation reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Noldenbirge Foundation. Noldenbirge Foundation will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Your Interactions with Other Users
Your interactions with other users and third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other user or third party. As with any Web-based interaction, we suggest that you use caution and good judgement. If there is a dispute between you and any user or third party, Noldenbirge Foundation is under no obligation to become involved. You release Noldenbirge Foundation, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature arising out of or related to any disputes with other users and other third parties.

Limitation of Liability
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NOLDENBIRGE FOUNDATION OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, OR AGENTS BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COST OF COVER OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NOLDENBIRGE FOUNDATION OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE THE MATERIALS, INCLUDING ANY OF NOLDENBIRGE CODE, THROUGH OUR SERVICES OR ANY OTHER INTERACTIONS WITH NOLDENBIRGE FOUNDATION OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE OUR SERVICES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF ONE HUNDRED INDIAN RUPEES (INR100).

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN NOLDENBIRGE FOUNDATION AND RECEIVED BY YOU THROUGH OUR SERVICES OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Changes to Noldenbirge Foundation
Noldenbirge Foundation reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any of our Services or any part thereof, including adding new features to our Services, with or without notice. Noldenbirge Foundation will not be liable to you or to any third party for any modification, suspension, or discontinuance of any portion of our Services or any of our Services as a whole.

Beta Programs
On occasion, Noldenbirge Foundation may choose certain users to test, review, examine, assess, and use certain Serivces through a Beta program ("Beta"). You may be required to register for an account or otherwise submit certain personal information in order for Noldenbirge Foundation to identify you, properly determine your eligibility to participate in a Beta, and contact you upon selection for a Beta. Noldenbirge Foundation will select qualified Beta users at its sole discretion. Selection for a Beta program in no way creates an employment relationship between Noldenbirge Foundation and the Beta user and does not entitle the Beta user to any benefits or compensation.

If you participate in a Beta, you must not disclose any information in any form regarding any part of the Beta unless expressly permitted in writing. You may not share, post, blog, send, email, record, summarise, excerpt, or otherwise disclose any part of any Beta, including the sale, resale, copying, or distribution of any access codes or keys to participate in any Beta. Noldenbirge Foundation may collect any and all information submitted as part of the Beta, including, but not limited to, certain personal information, user data, and game-play data. You agree to allow Noldenbirge Foundation to contact you regarding your participation in the Beta and seek your participation in user-group studies and other participatory surveys.

Amendments
Noldenbirge Foundation reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting a revised version on Noldenbirge.org or elsewhere on our Sites. We last modified these Terms on the date stated above. Please check the Terms periodically for changes. Your continued use of our Services after the posting of changes will mean you agree to abide by those changes, so prior to each visit, please check the current Terms to determine the current Terms to which you are bound. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of Noldenbirge Foundation, and you should refer to those before using such services.

Term and Termination
Term.
These Terms shall remain in full force and effect unless and until your account is terminated as provided herein.

Termination

Noldenbirge Foundation has the right to delete, disable, or deactivate your account (or any part thereof); block your email or IP address or otherwise terminate your access to or use of our Services; and remove and discard all or any part of your account or any Submissions, with or without notice, and with no liability of any kind to you or any third party.

You may delete your Noldenbirge account and end your use of our Services at any time by sending an email to hello[a]noldenbirge.org requesting deletion of your account. If you posted content while under 18 years of age that you have a right to delete under applicable law, you may send us a request at hello[a]noldenbirge.org requesting deletion. Please provide a link to the posting you wish to have deleted once we have confirmed your identity and request.

Effects of Terminating

Upon deleting or terminating your account, these Terms terminate and you will no longer have a right to access your account or any of our Services.

Injunctive Relief, Governing Law, Venue
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy, and that Noldenbirge Foundation shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing Noldenbirge Foundation from pursuing any and all remedies available to it, including the recovery of money damages from you.

These Terms shall be governed by and construed in accordance with the applicable provisions of any applicable law in Karnataka and India without regard to conflict of law principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to these Terms or any transactions hereunder.

General
The failure of Noldenbirge Foundation to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

You may not delegate or transfer your duties and obligations under these Terms or assign these Terms or your Noldenbirge account, in whole or in part, to anyone. Noldenbirge Foundation may assign any of its rights and obligations under these Terms without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganisation, or sale of all or substantially all of its related assets or similar transaction.

These Terms, which incorporate Noldenbirge Privacy Policy and the Guidelines, constitute the entire agreement between you and Noldenbirge Foundation and govern your use of our Services, superseding any prior agreements (whether written or oral) between you and Noldenbirge Foundation regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances, or inducements not expressly set forth in these Terms.

The terms including and includes shall be deemed to be followed by the statement "without limitation," and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

Contacting Noldenbirge Foundation
You may contact Noldenbirge Foundation as follows:

Noldenbirge Foundation
147, Krupanagar
Kunjal PO
Brahmavar
Udupi, Karnataka
576 213, India

Call : +91 90197 26867
Mail: hello[a]noldenbirge.org

Noldenbirge Foundation may provide you with notices, including those regarding changes to these Terms or any of Noldenbirge's terms and conditions, by email, regular mail, or postings on our Services. Notices not pertaining to any amendments to these Terms or any Guidelines (such as notices relating to technical changes to our Services) are deemed given two (2) days following the initial posting.

Your use of this Website shall be governed by and construed in accordance with the laws of India. Any legal action or proceedings arising from your use of the Website shall be exclusively brought in the competent courts or tribunals located in Udupi, India, to whose jurisdiction you irrevocably submit.

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