OPERATING HOURS

 

9 am - 5 pm CST

 

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ADDRESS

 

East Amherst, NY, USA

Email: contactswarkul@gmail.com

Tel: 716-240-0354

© 2018 by Swarkul.

Swarkul Music Academy. Terms of Service
Acceptance of Terms
Welcome to Swarkul Music Academy.com ("Web site"). Please read these Terms of
Service ("Agreement") and Privacy Policy carefully before using the web site. Your
use of the Web site is subject to your acceptance of this Agreement, and when you
access, browse, or use this Web site, you accept, without limitation or qualification,
the TOS Agreement as if you had signed it.
1. RESTRICTIONS ON USE
Any materials posted on the Web site that you copy, print, or download are licensed to
you by Swarkul Music Academy for your personal, non-commercial use only,
provided that you do not change or delete any copyright, trademark, or other
proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Web site, use of the Web site, or
access to the Web site. Swarkul Music Academy reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the Web site
(or any part thereof) with or without notice. You agree that Swarkul Music Academy
shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Web site. Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you reside.
Swarkul Music Academy uses IP information to provide location-specific content on
the Web site. You agree not to use a proxy to change or spoof your IP address or
location when browsing the Web site or when purchasing products or services from
the Web site.
2. PUBLIC COMMUNICATION AND FORUM CONDUCT
You are solely responsible for all content of any type, including but not limited to
text, music, and/or photographs (collectively "Content") that you upload, post, email,
transmit or otherwise make available on the Web site. Swarkul Music Academy does
not control the Content posted by you or others on the Web site and, as such, does not
guarantee the accuracy, integrity or quality of such Content. Swarkul Music Academy
will not be liable for any Content, or for any loss or damage of any kind incurred as a
result of the use of any made available in any manner through the Web site. You agree
that you, or any Content you submit, will not: contain libelous or otherwise unlawful,
obscene, or abusive material; harm minors in any way; impersonate any person or
entity, including, but not limited to, a Swarkul Music Academy On official, forum

leader, instructor, or other registered member, or falsely state or otherwise
misrepresent our affiliation with a person or entity; contain any Content that infringes
any patent, trademark, trade secret, copyright or other personal or proprietary rights of
any party: contain any material that contains software viruses 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; disrupt the normal
flow of dialogue; interfere with or disrupt the Web site or any servers or networks
connected to the Web site, "stalk" or otherwise harass another person or entity; or
collect or store personal data about other users. We do not pre-screen Content, and
have no obligation to do so, but you acknowledge that we reserve the right, in our sole
discretion to refuse or move any Content that is available via the Web site. Without
limiting the foregoing, Swarkul Music Academy and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You
acknowledge and agree that Swarkul Music Academy may retain Content and may
also disclose Content if required to do so by law or in the good faith belief that such
retention or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of Swarkul Music
Academy, its users and the public.
3. HARASSMENT OR INTIMIDATION
Sending of abusive or unwanted material causing the work or Swarkul Music
Academy experience of others to be disrupted is a violation of policies, may violate
the law, and is unacceptable. Targeting another person or organization to cause
distress, embarrassment, injury, unwanted attention, or other substantial discomfort is
harassment, which is prohibited. Personal attacks or other action to threaten or
intimidate or embarrass an individual, group, or organization; or attacks based on a
person's race, national origin, ethnicity, handicap, religion, gender, veteran status,
sexual orientation, or another such characteristic or affiliation are prohibited.
4. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE WEB SITE
Swarkul Music Academy does not claim ownership of Content you submit or make
available for inclusion on the Web site. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the Web site, you grant
Swarkul Music Academy an irrevocable, royalty-free, non-exclusive, unrestricted,
worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display,
or create derivative works from any such Content, in all languages, and to incorporate
such Content into other works in any format or medium now known or later
developed. "Publicly accessible" areas of the Web site are those areas of the Web site

that are intended by Swarkul Music Academy to be available to the general public. By
way of example, publicly accessible areas of the Web site would include portions of
the Web site that are open to both members and visitors. However, publicly accessible
areas of the Web site would not include portions that are limited to members, or
enrolled distance education students, Swarkul Music Academy services intended for
private communication such as Swarkul Music Academy email, or areas off of the
Swarkul Music Academy network of properties such as portions of World Wide Web
sites that are accessible through the Web site but are not hosted or served by Swarkul
Music Academy.
5. LICENSE
You acknowledge and agree that the Website and any necessary software used in
connection with the Website ("Software"), as well as all course materials and content
provided by Swarkul Music Academy, Swarkul Music Academy instructors, and/or
third parties for the Swarkul Music Academy online courses (the "Course Content")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through the
Website, Course Content, or advertisers is protected by copyright, trademarks, patents
or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Website, the Course Content, or the
Software, in whole or in part.
6. INDEMNITY
You agree to indemnify and hold Swarkul Music Academy, and its directors, trustees,
officers, employees, agents, affiliates, and co-branders, or other partners, and other
users, harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post, transmit or make
available through the Web site, your use of the Web site, your connection to the Web
site, your violation of the TOS, or your violation of any rights of any third party.
7. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of,
third parties (companies, jobs, gigs, music teachers and other users) found on or
through the Web site, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Swarkul Music
Academy shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such advertisers on
the Web site.

8. LINKS
The Web site may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Swarkul Music Academy has no control over such
sites and resources, you acknowledge and agree that Swarkul Music Academy is not
responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge and
agree that Swarkul Music Academy 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 Content, goods or services available on or through
any such site or resource.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
 YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK. THE
WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SWARKUL MUSIC ACADEMY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
 SWARKUL MUSIC ACADEMY MAKES NO WARRANTY THAT (i) THE
WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE
WILL LEAD TO EMPLOYMENT (iii) THE WEB SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB
SITE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL
MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SWARKUL MUSIC ACADEMY OR

THROUGH OR FROM THE WEB SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOU.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWARKUL MUSIC
ACADEMY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
SWARKUL MUSIC ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT
LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND ONLINE SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR ONLINE SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER
MATTER RELATING TO THE WEB SITE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
11. TERMINATION
You agree that Swarkul Music Academy, in its sole discretion and without prior
notice to you, may terminate your registered account (or any part thereof) or use of the
Web site, and remove and discard any Content within the Web site, for any reason,
including, without limitation, for lack of use or if Swarkul Music Academy believes
that you have violated or acted inconsistently with the letter or spirit of the TOS.
Swarkul Music Academy may also in its sole discretion and at any time discontinue
providing the Web site, or any part thereof, with or without notice. Termination,
suspension, or cancellation of this Agreement or your access rights will not affect any
right or relief to which Swarkul Music Academy may be entitled in law or in equity.
Upon termination of this Agreement all rights granted to you will automatically
terminate. Paragraphs 3, 5, 8, 9, 10, 11 and 13 shall survive termination of this
Agreement.

12. TRADEMARK INFORMATION
Swarkul Music Academy.com, logos, product and service names are trademarks of
Swarkul Music Academy Inc. Without Swarkul Music Academy prior permission,
you agree not to display the above or use in any manner.
13. COPYRIGHTS and COPYRIGHT AGENT
Swarkul Music Academy respects the intellectual property of others, and we ask our
users to do the same. You may notify Swarkul Music Academy by providing the
following information to our designated agent, as required by 17 U.S.C. § 512, if you
believe you have a copyright infringement claim resulting from material posted on
this site:
 an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
 a description of the copyrighted work or other intellectual property that you
claim has been infringed;
 a description of where the material that you claim is infringing is located on the
site;
 your address, telephone number, and email address;
 a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
 a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Designated Agent:
Ramesh Rajagopalan and Yogesh Sable
Swarkul Music Academy LLC
United States of America.
Tel: +1 716-240-0354
Email: contactSwarkul@gmail.com
14. GENERAL INFORMATION
The TOS agreement and any posted operating rules constitute the entire agreement
between you and Swarkul Music Academy and govern your use of the Web site,
superseding any prior agreements between you and Swarkul Music Academy with
respect to the subject matter of this Agreement. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party

content or third-party software. You may not assign your rights under this Agreement
to any third party. The TOS and the relationship between you and Swarkul Music
Academy shall be governed by the laws of the State of Delaware, USA without regard
to its conflict of law provisions. You and Swarkul Music Academy agree to submit to
the personal and exclusive jurisdiction of the courts located in Delaware. The failure
of Swarkul Music Academy to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and effect. 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 Online Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever barred. The section
titles in the TOS are for convenience only and have no legal or contractual effect.
15. VIOLATIONS
Please report any violations of the TOS to:  contactSwarkul@gmail.com