Clause 1: Intellectual Property and Content Rights
Original Text:
"The content and data found on this website, including images and text, are property of AbhishekaJwala and may not be redistributed, copied, or modified without the express written permission."
Detailed Explanation:
This clause establishes that all materials on the website—including, but not limited to, articles, photographs, videos, logos, and data—are the exclusive intellectual property of Abhisheka Jwala. This is a fundamental concept in copyright law.
Ownership: Abhisheka Jwala holds the legal title and rights to all content. This means they are the sole entities who can authorize its use.
Prohibited Actions: The clause explicitly forbids three key actions without prior consent:
Redistribution: This means you cannot share, publish, or make the content available to others, whether for free or for sale.
Copying: You are not permitted to duplicate the content in any format (e.g., printing it, saving a digital copy, or taking a screenshot).
Modification: You cannot alter, edit, or create derivative works from the content.
The purpose of this clause is to protect the organization's brand, creative work, and resources from unauthorized use, plagiarism, and misrepresentation.
Clause 2: Restrictions on Use, Linking, and Framing
Original Text:
"Using images found on the AbhishekaJwala website, linking to the AbhishekaJwala website, or in some other manner framing or including any of the materials contained on the AbhishekaJwala website without the prior written permission of AbhishekaJwala is strictly prohibited. Such activity could result in legal action. Decisions regarding use may be revised or rescinded without prior notice."
Detailed Explanation:
This clause extends the protection of intellectual property to specific online activities that can misuse a website's content.
Using Images: This reinforces the previous clause, specifically prohibiting the extraction and use of images on external platforms.
Linking: While standard hyperlinking to a website's homepage is generally acceptable online, this clause reserves the right to control any linking to their specific content. This is typically meant to prevent "deep linking" to specific images or files in a way that bypasses the website's original context.
Framing/Inclusion: "Framing" is a practice where content from one website is displayed within a "frame" on another website, making it appear as if the content belongs to the second site. "Inclusion" refers to embedding or displaying content (like an image) on a different site. These practices are strictly forbidden as they can mislead users and steal traffic and context from the original site.
Violation of these terms is presented as a serious offense that "could result in legal action," underscoring the organization's commitment to enforcing its rights. The final sentence, stating that permissions can be "revised or rescinded," gives AbhishekaJwala the unilateral right to change its mind about any granted permission at any time without explanation.
Clause 3: Disclaimer of Warranties and Limitation of Liability
Original Text:
"While Abhisheka Jwala makes every effort to provide accurate information, the content provided on the website is 'as is' and Abhisheka Jwala makes no warranties regarding the content on the website. Abhisheka Jwala will not in any way be held responsible for any damages or loss arising out of the use of the information on the website."
Detailed Explanation:
This is a standard legal disclaimer designed to limit the organization's liability. It serves to manage user expectations and protect the organization from legal claims.
"As Is" Content: The phrase "as is" means the website's content is provided exactly as it is, without any guarantees or promises about its accuracy, completeness, or reliability. It explicitly states that AbhishekaJwala does not provide any warranties (legal guarantees) regarding the information.
Limitation of Liability: This is the most critical part of the clause. It states that Abhisheka Jwala cannot be held legally responsible for any damages or loss you might experience as a result of using the information on their website. For example, if you make a decision based on information found on their site and it leads to a financial loss, you cannot sue them for damages.
This clause is a legal shield, ensuring that while the organization strives for accuracy, it does not assume legal responsibility for the outcomes of a user's reliance on the website's content.
Clause 4: External Links Disclaimer
Original Text:
"AbhishekaJwala websites may contain links to other sites. AbhishekaJwala is not responsible for the privacy practices or the content of external websites."
Detailed Explanation:
This clause addresses the presence of hyperlinks that direct users to third-party websites. It is a necessary disclaimer for any website that links to external resources.
No Responsibility for External Content: When you click an external link, you are leaving the AbhishekaJwala website. This clause clarifies that the organization has no control over, and therefore no responsibility for, the content on those external sites. This protects them from being held liable for any inaccuracies, illegal material, or offensive content found on linked pages.
No Responsibility for External Privacy Practices: Similarly, each external website has its own privacy policy. This clause states that AbhishekaJwala is not responsible for how those other sites collect, use, or protect your personal data. Users are advised to review the terms and privacy policies of any external site they visit.
Clause 5: Communication Consent
Original Text:
"By using this website, sharing your details with us, registering on the website, by sponsoring a child, or showing interest in sponsorships, you also agree to receive communication from us in the form of emails, SMS, letters, and phone calls. The communications that you receive will pertain to updates about AbhishekaJwala's work, payment details/queries, and information/letters from your sponsorship."
Detailed Explanation:
This clause outlines the terms of data collection and communication. It is a clear statement that by engaging with the website in specific ways, you are giving your consent to be contacted by the organization.
Explicit Consent: The clause lists several actions that constitute consent: using the website, sharing details, registering, or engaging with sponsorship programs.
Forms of Communication: It specifies all the methods they may use to contact you: email, SMS, physical letters, and phone calls. This is important for clarity, as users often assume consent only applies to email.
Scope of Communication: It defines the types of information you will receive, which are limited to:
Updates about the organization's work.
Information related to payments or billing.
Sponsorship-related correspondence.
This clause ensures that the organization has a clear legal basis for contacting you and prevents claims of unsolicited communication, as you have given your explicit permission through your actions on the site.