These Terms of Service constitute an agreement between you and Asiatic Society, Mumbai (“ASM”). By using or accessing any portion of the Services you agree to be bound by these Terms of Service, so please read these terms carefully before using or accessing Services. If you do not agree to and accept these Terms of Service, please do not register for an account, or use the Services in any manner. All individuals who access or otherwise use the Services, including casual visitors to the Website, are referred to in these Terms of Service as “Users.”
In order to use some features of the Services, such as saving searches, and saving and sharing lists of items found through the Services, you will need to register with ASM and create an account. When registering, you will be asked to provide certain personal information, such as your email address. You agree not to create an account using false or misleading information or on behalf of someone other than yourself. Any accounts created using intentionally misleading information are subject to termination at ASM’s sole discretion. Please note that using a pseudonym on the Services would not violate this provision. If you have been banned or had your account revoked at any time, you may not register for another account.
‘Granth Sanjeevani’ is The Asiatic Society of Mumbai’s Online web portal where we publish our library’s ‘Rare & Valuable’ resources for our subscribers as paid access with Download restrictions. The digitized content is available for ‘Viewing’ purpose for the paid member and ‘Download is strictly Dis-allowed’. Any attempt made by anybody to ‘Download’ the digitised content without the prior permission of The Asiatic Society of Mumbai, will be a clear infringement and violation of our privacy policy and will be a criminal offense. The society reserves the right to take action against such criminal offense.
Your use of the Services is subject to the following restrictions and obligations: You may not sell, rent, or otherwise offer the Services to others, without ASM’s prior written consent. You may not use the Services in any way that is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, but not limited to, displaying content in a manner that violates any applicable laws, statutes, or regulations, infringes or violates any other person or entity’s rights, or that ASM, in its sole discretion, finds to be obscene or defamatory. You agree to comply with all applicable laws, including, but not limited to, any privacy laws, as well as ASM’s policies when you use the Services. You may not use the Services in any way that interferes with the operation of the Services or impacts or harasses any other User, host, or network, or circumvents any of the Services’ security protections. User may view material from the website only for user’s personal non-commercial use.
Best efforts have been made to retain the highest accuracy for the Meta Data associated with the Digital Objects. However please refrain from relying solely on the information available on this portal. If you do, you do so at your own risk, and are fully liable for any damages that may arise out of this behaviour.
Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties, such as payment gateways and others (collectively, “Third-Party Services”). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and ASM is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit, or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.
Except for any User Content and the Metadata, ASM owns and retains all right, title, and interest in and to the Services, including, but not limited to, the design and architecture of the Services, the ASM Marks, as well as any software, or content provided through ASM, including any intellectual property or other proprietary rights contained therein (collectively, “ASM IP”). You must seek permission from ASM if you desire to use the Services in a way that is not outlined in these Terms of Service. Except for any rights explicitly granted in writing by ASM under these Terms of Service or otherwise, you are not granted any rights in and to any ASM IP.
ASM makes every effort to virus check the files available for viewing on this portal. ASM cannot accept responsibility for any loss or damage that may happen from the use of accessing the material on this web portal. We recommend that users have their own virus check software installed and updated on their systems to ensure there is no harm in accessing the material on this portal.
You are entirely responsible for all activities that occur on or through your account. ASM retains the right (but not the obligation) to limit, suspend, terminate, modify, or delete your account; to limit your access to the Services or portions thereof; to remove links in your User Content to other content on the Services; and to delete your User Content at ASM’s discretion, with or without notice to you. ASM is under no obligation to provide compensation for any losses or results, which may occur due to your failure to comply with these Terms of Service or those of a third party, for repeated violations of third-party rights, for actual or suspected illegal or improper use of the Services, for offensive User Content or conduct, or for technical reasons.
In case of misuse detected with an institutional membership, ASM will bring this to the notice of the Institution’s agreement signing personnel and grant two weeks to the Institution for investigation of the user who apparently had caused the alarm about anomalous usage.
During the investigation, the institution should debar the user who caused this alarm at its end as ASM does not have access to that individual’s IP as he comes through a proxy.
Once the institution has completed the investigation and identified the issue causing user, it should immediately update ASM by email with a detailed explanation on the investigation and the action taken by the institution to control this in the future.
It would be at sole discretion of ASM to accept/reject the explanation and remedial action conveyed by the institution.
If no action is taken by the institution within two weeks of reporting the issue by ASM, the ASM retains the right (but not the obligation) to limit, suspend, terminate, modify, or delete the Institution’s access to the portal.
ASM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS,” AND YOU USE THEM AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOUR COMPUTER SYSTEMS OR ANY OTHER DEVICES YOU USE TO ACCESS THE SERVICES FROM DAMAGE CAUSED BY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED FROM ASM’S SERVERS. ASM ASSUMES NO LIABILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION THAT MAY BE ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY ASM OR ITS PARTNERS. ASM DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT A GIVEN TIME. ASM IS NOT RESPONSIBLE FOR ANY OFFENSIVE OR ILLEGAL CONTENT INCLUDED IN PICTURES, PHOTOGRAPHS, OR OTHER KINDS OF MEDIA INCORPORATED INTO USER CONTENT BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN USER CONTENT OR ON THIRD-PARTY SERVICES REPRESENT THE OPINIONS OF THOSE USERS AND THIRD-PARTY SERVICE PROVIDERS AND ARE NOT ENDORSED BY ASM IN ANY WAY.
IN NO EVENT IS ASM, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODWILL, INABILITY TO USE OR ACCESS THE SERVICES, THIRD-PARTY CONDUCT ON THE SERVICES, OR ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE SERVICES.
You agree at your own expense to indemnify, defend, save, and hold harmless ASM, and its employees, affiliates, officers, directors, contributors, and other representatives from and against any & all judgments, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) arising from or related to your use of the Services, or your violation of these Terms of Service.
11.1. Updates and Changes to These Terms of Service
ASM reserves the right to modify these Terms of Service at any time at its discretion. If ASM does make changes to this privacy policy, ASM will update this page accordingly. Please check this page periodically for any changes. Your continued use of the Services after this page is updated with the new terms signifies your acceptance of the amended Terms of Service. No amendment to these Terms of Service or Privacy Policy shall apply to any dispute of which ASM had actual notice before the date of the amendment. Other additional terms may apply to other functions or components of the Services. If there is a conflict between these Terms of Service and the other additional terms, the other additional terms will govern.
11.2. Entire Agreement
These Terms of Service constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of the Services.
11.3. Applicable Law and Forum
These Terms of Service and any referenced policies or guidelines are governed by and construed in accordance with the laws of the State of Maharashtra, India without regard to principles of conflict of law. If you bring a suit against ASM, you hereby consent to the exclusive jurisdiction of state and courts in Mumbai, Maharashtra, and hereby consent to the personal jurisdiction of said courts.
11.4. Severability
If any provision of these Terms of Service is deemed to be unenforceable for any reason by any court, the invalidity of this provision does not affect the validity of any other provisions in these Terms of Service, which remain in full effect.
11.5. No Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ASM’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If you have questions about these Terms of Service, please contact ASM at info@asiaticsociety.org.in
Last modified on July 6, 2021.