SITE OWNERSHIP; AGREEMENT TO TERMS
By using the Site, you agree to these Terms. If you do not agree to these Terms, please do not use the Site. As long as you comply with these Terms, Drukama™ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Drukama™ reserves the right in its sole discretion to refuse or terminate your access to the Site at any time for any reason.
USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Drukama™ server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any Drukama™ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Drukama’s systems or networks, or any systems or networks connected to the Site or to Drukama.™ You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Drukama™ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Drukama™ or others.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Drukama™ at firstname.lastname@example.org immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Drukama™ or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Drukama™ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
This Site and the Content are copyright protected in the name of Drukama™ and its affiliates. All Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site is owned, controlled or licensed by or to Drukama,™ and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, used to create a derivative work, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, device, server, website or other medium for publication or distribution or for any commercial enterprise, without Drukama’s express prior written consent. Any unauthorized use of any Content at this Site may violate copyright, trademark, and/or other laws. Where Drukama™ expressly permits you in writing to download Content, you may download one copy of the Content on this Site on a single device for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Drukama™ in writing. This is a license, not a transfer of title, subject to restrictions that you may not: a) modify the Content or use it for any commercial or other purpose, nor make any public display, performance, transfer, sale, rental, distribution, transmission, reproduction, license, create derivative works from, Content from this Site; b) decompile, reverse engineer, or disassemble software or Content except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Content; or (d) transfer the Content to another person. You agree to prevent any unauthorized copying of the Content. Further, the Drukama™ copyright notice must appear on all copies of the Content and no modifications of any Content may be made.
There are a number of proprietary logos, service marks, trademarks, slogans and product designations on this Site. By making them available, Drukama™ is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Drukama’s or any third party's intellectual property rights. No Drukama™ trademark or service mark may be used as a hyperlink without Drukama’s prior written permission.
CHAT AND FORUM PARTICIPATION
Chat and forum services are offered to Site members. Discussions help Drukama™ disseminate related information, raise awareness about spiritual methods of attainment, and maintain supportive learning and community environments for our members.
Anything you post, including images, should be suitable to view on a public device such as a computer in a school or library, or at a typical place of employment.
Drukama™ administrators and moderators review discussion areas frequently but cannot reasonably be expected to monitor all posts in real time.
We may, at our discretion and without warning or explanation remove or modify any data submitted by you that we deem to be inappropriate, or which violates our terms, policies, guidelines and/or agreements; or which does not foster a spirit of civility, respect, and dignity for other participants.
Violations may also result in immediate account suspension and/or removal. Drukama™ reserves the right to ban any user/member at any time for any reason, with or without notification.
- No spamming or commercial solicitation.
- Do not post messages that violate federal, state, or local laws, including but not limited to anything that violates a copyright, trademark, patent, trade secret, or is bound by NDA (Non-Disclosure Agreement) or HIPAA.
- Inciting or perpetuating conflict, invasion of privacy, and/or any other abusive or illegal behaviors or communications will not be tolerated and will result in the immediate suspension of your account and possible removal from the Drukama™ website.
- Use of profanity is discouraged (including creative spelling, e.g. cre@tiv3 sp*l1ing5), with occasional mild instances being reviewed in context and assessed by administrators on a case-by-case basis. We reserve the right to edit or remove such instances at our sole discretion.
CHAT AND FORUM DISCLAIMER
Drukama™ does not vouch for or warrant the accuracy, completeness, or usefulness of any message, and is not responsible for the contents of any message or for confirming the validity of any information posted. All messages express the views of the author, and are not necessarily the views of Drukama™ or any entity associated with Drukama.™
Any user that objects to a posted message should make use of available flag or report features and alert administrators. If the message is found to be in violation, and Drukama™ chooses to manually remove or edit it, we will make every effort to do so within a reasonable time frame.
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Drukama™ and their agents with respect to any claim based upon transmission of your message(s). Discussions are run at the expense of Drukama™ and are the sole property of Drukama.™
ALL CONTENT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DRUKAMA™ OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF DRUKAMA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DRUKAMA™ AND ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT. DRUKAMA™ MAKES NO COMMITMENT TO UPDATE THE CONTENT.
FURTHER, DRUKAMA™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITE LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED, ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT, OR USE OF THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRUKAMA™ SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
INFORMATION PRESENTED ON THIS SITE DOES NOT CONSTITUTE THE BASIS OF PROFESSIONAL LEGAL, MEDICAL, OR HEALTH ADVICE. CONTENT ON THIS SITE SHOULD NOT BE TREATED AS THE BASIS FOR FORMULATING DECISIONS WITHOUT THE ADVICE OF QUALIFIED PROFESSIONALS.
LIMITATION OF LIABILITY
DRUKAMA™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, SOFTWARE VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF DRUKAMA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, DRUKAMA’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU CONTRIBUTED TO ACCESS THIS SITE.
You agree to indemnify, defend and hold harmless Drukama™ its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of these Terms.
Drukama™ reserves the right, at its sole discretion, to modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, or the products described therein in whole or in part, at any time without notice. You agree that Drukama™ shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Site Terms to which you are bound. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Drukama,™ in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that Drukama™ believes you have violated or acted inconsistently with the letter or spirit of these Terms.
COMPLIANCE WITH LAW
You acknowledge your obligation to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.
LINKS FROM SITE TO OTHER MATERIAL
If you decide to access any of the third party sites linked on this Site, you do this entirely at your own risk. You must take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites, services or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Drukama™ makes no representation or warranty as to any third party Content, products or services, and you agree that Drukama™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
LINKS TO SITE
Drukama™ permits third party sites to link to the Site pursuant to these Terms. Links may be text-based using the words "Drukama™" “Drukama Treasury™" or "drukama.com". You may not use the Drukama™ logo or any other trademark as a link to Drukama.™ By linking, you acknowledge and agree that all rights to Drukama™ marks, the content appearing on Drukama™ website and the design of Drukama™ website belong to Drukama.™ You may not create frames around Drukama’s web pages or use other techniques that alter in any way the visual presentation or appearance of the Site. You must not misrepresent your relationship with Drukama™ or present false or misleading impressions about Drukama.™ No links to the Site may be used in a manner that implies or suggests that Drukama™ approves or endorses you, your website or your goods and services (in all cases, except as Drukama™ may have agreed separately with you in writing). Drukama™ shall have no responsibility or liability for any Content appearing on your website. You agree to indemnify and defend Drukama™ against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights or that is illegal. Drukama™ reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Site from your website and you agree to promptly remove said links upon request.
NEITHER DRUKAMA™ NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DRUKAMA™ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DRUKAMA.™ IF, DESPITE OUR REQUEST, YOU SEND US YOUR IDEAS AND MATERIALS, PLEASE UNDERSTAND THAT DRUKAMA™ MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Drukama™ does not claim ownership of the materials you provide to Drukama™ (including feedback and suggestions). However, by providing your Submission you are granting Drukama™ and its affiliates and necessary sublicensees a non-exclusive, worldwide, irrevocable, royalty free license to use your Submission in connection with the operation of its businesses including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any Drukama™ supplier.
You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
If you choose to participate in any Drukama™-sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the Website Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other source code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participation in the Website Activity, and may result in additional legal actions by Drukama.™
Although Drukama™ provides certain encryption in an effort to protect the electronic transmission of personal and account information, credit card and payment information or social security numbers ("Financial Information" or “Personal Information”) that you submit to Drukama™ through the Site, Drukama™ does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
Other than the Financial and Personal Information, you agree not to send any confidential or proprietary information to Drukama™ through the Site. Except for the Financial and Personal Information, any information you do send to Drukama™ through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant Drukama an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Drukama™ is free to use any ideas, concepts, know-how or techniques that you send Drukama™ for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Drukama™ will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
If ever applicable, while we will use our best efforts to fulfill all orders, Drukama™ cannot guarantee availability of any particular product displayed on this Site. The prices of products displayed on this site are quoted in U.S. dollars and are valid and effective only within the United States unless otherwise stated. If price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply to your order. We will notify you if your order includes items that were incorrectly priced. For further information regarding your product purchases, please read our Terms of Sale carefully. The Terms of Sale contains very important information about your rights and obligations as well as limitations and exclusions that may apply to you.
GENERAL INFORMATION; GOVERNING LAW; DISPUTE RESOLUTION
These Terms and other Drukama™ policies or documents cited herein constitute the entire agreement between you and Drukama™ and govern your use of the Site, superseding any prior agreements between you and Drukama™ relating to your use of this Site. You may be subject to additional terms and conditions when you purchase products, participate in a retreat or similar event, participate in a forum or chat, make a purchase, or use or download software. If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Drukama™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. By accessing the Site, you agree that the statutes and laws of the United States and the State of California, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in the State of California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
DISCLOSURE; VIOLATION OF TERMS
Drukama™ may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Drukama’s rights or property, or the rights or property of visitors to or users of the Site. Drukama™ reserves the right at all times to disclose any information that Drukama™ deems necessary to comply with any applicable law, regulation, legal process or governmental request. Drukama™ also may disclose your information when Drukama™ determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Drukama™ may preserve any transmittal or communication by you with Drukama™ through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Drukama™ determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Drukama,™ its employees, affiliates, agents, users of or visitors to the Site, and the public. You agree that Drukama™ may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will cause irreparable harm to Drukama,™ for which monetary damages would be inadequate, and you consent to Drukama™ obtaining any injunctive or equitable relief that Drukama™ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Drukama™ may have at law or in equity. You agree that Drukama™ may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Drukama™ does take any legal action against you as a result of your violation of these Terms, Drukama™ will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Drukama.™ You agree that Drukama™ will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
If you have any questions about these Terms, please write to us at:
PO Box 900
Idyllwild, CA 92549
Although Drukama™ will in most circumstances be able to receive your e-mail or other information provided through this site (including, without limitation, service requests and other submissions), Drukama™ does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.