• This website, deviupasana.com (henceforth “rashmithirtha.com” and/or “Website”) is intended and designed solely to provide the “User” access to Rashmi Thirtha’s art-work, print products, offerings, and general information. This Website is not provided for any other purposes, intended or otherwise.

• The Website is owned, curated and maintained by DEVI UPASANA, Washington State, USA. These Terms & Conditions of Use apply to all of the intellectual property content (including, without limitation, original artwork, all artwork images, text, video, trademarks, service marks, trade names, logos and copyrighted content), products, and services offered by DEVI UPASANA.

• The following Terms of Use govern your access and use of the Website. By accessing or using this Website you indicate your agreement to these Terms of Use. Please carefully read these Terms of Use and the related Privacy Policy before accessing or using this Website, as your use and access create a binding agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use this Site. 

1. Acceptance of Terms

• By using this website, you signify your acceptance and agreement (hereinafter referred to as the “Agreement”) of these Terms of Use between you the “User” and “DEVI UPASANA”. If you do not agree to this policy, please do not use our website. By using the Website, you accept to be bound by this Agreement.

• DEVI UPASANA reserves the right to modify the Website, any or all of the content on the Website, and the terms of this Agreement from time to time, and such modification shall be effective upon its posting here. All users agree to be bound by any modification to this Agreement whenever any such modifications are posted; Users are therefore advised to periodically review this Agreement.

2. Website Content

• While this Website is not aimed at children. If you are a minor under the age of 18, you need the consent of your parent or guardian to use or access the products and services on the Site. In addition, DEVI UPASANA does not knowingly collect personally identifiable information from children. Please see our Privacy Policy  for further details.

3. Additions to Site Content

• Any new products or features added to the Website will also be subject to these Terms of Use. The most current version of these Terms of Use will be available on this page. DEVI UPASANA reserves the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use or access of the Website following the posting of any changes constitutes acceptance of those changes.
  

4.Copyright and Intellectual Proprietorship

• The Website Content, including without limitation, any and all artwork, images, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks, trade names and logos contained therein (“Marks”), are owned by or licensed to DEVI UPASANA, subject to copyright and other intellectual property rights under the law. 

• All materials on the Website, including, without limitation, names, trade names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, music, artwork, software and other elements (collectively, “Website Content”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by DEVI UPASANA, or by third parties that have licensed or otherwise provided their material to DEVI UPASANA. Users acknowledge and agree that all Website Content on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Website Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without DEVI UPASANA’s prior express written permission. User may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Website Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Website Content for any purpose other than its intended purposes is strictly prohibited.
  

5. Governing Law and Venue

• You agree that the laws of the State of Washington, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that exclusive jurisdiction for any claim or dispute with DEVI UPASANA, resides in the courts of the State of Washington, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Washington. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court located in Snohomish County, Washington.

• As a condition precedent to your filing any claim or action against DEVI UPASANA, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Snohomish County, Washington, each party to bear its own costs. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.

6. International Use

• Due to the global nature of the Internet, Users agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.

7. Lawful Purposes Only

• You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Use.

8. Description of Site Offerings

• DEVI UPASANA endeavors to describe and display the content and products shown on the Website as accurately as possible. Please do not accept that the Website is entirely accurate, current, or error-free. From time to time DEVI UPASANA may correct errors in pricing and descriptions. DEVI UPASANA reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.

9. Blog Comments

• DEVI UPASANA invites comments to Rashmi Thirtha’s blog posts. While lively and authentic commentary is welcomed, disrespectful or false commentary is not. DEVI UPASANA reserves the right to remove any commentary that does not meet the standard of respectful inquiry/debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to the Website, by posting material on the Website, you grant DEVI UPASANA a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Website and related publications.

10. Third-Party Links

• The Website contains links to third party websites and resources. You acknowledge and agree that DEVI UPASANA is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

11. No Warranties

• DEVI UPASANA does not guarantee, represent or warrant that your use of the site, or the products offered therein, will be uninterrupted, timely, secure or error-free. DEVI UPASANA does not warrant that the results that may be obtained from your use of the site, or the products offered therein, will be accurate or reliable.

• You agree that from time to time DEVI UPASANA may remove all or some of the products offered on the Website for indefinite periods of time.

• You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Site and all products delivered to you through the Website are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

12. No Consequential Damages

• To the full extent permitted by law you agree that under no circumstances shall DEVI UPASANA be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Website or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Website or its products. In no event shall DEVI UPASANA’s cumulative liability to you exceed the total purchase price of the products you have purchased from SHAKTIKALAYA.

13. Indemnification

• You agree to defend and indemnify DEVI UPASANA against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Terms of Use or any use by you of the Website or it products. You shall not settle any third party claim or waive any defense without DEVI UPASANA’s prior written consent.

14. Changes to Terms and Conditions

DEVI UPASANA may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the Website by you after being notified means you accept these amendments.

15. Severability

If any term, provision, or condition of these Terms of Use is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

16. Effect of Headings

The subject headings of the paragraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

17. Entire Agreement/Waiver

These Terms of Use and related Privacy Policy constitute the entire agreement between you and DEVI UPASANA pertaining to your use of the Website and any products offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by DEVI UPASANA shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by DEVI UPASANA.

Date of Last Update : MAY 26, 2024