TERMS OF USE

 

INTERPRETATION AND DEFINITION

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

  • Website or Site refers to: HeeraRajagopal.com and TheAscendingAcorn.com.
  • Owner refers to Heera Rajagopal, popularly known by her mononymous, Heera.
  • Terms refer to Terms and Conditions that form the entire agreement between You, the Website and the Owner.
  • You or User refers to the individual accessing or using the Website, including as a Subscriber/Customer; it also refers to other legal entities on behalf of which such individual is accessing or using the Service, as applicable.
  • Device means any Device that can access the Service, such as a computer, a cellphone or a digital tablet.
  • User Content means all information and Content that a User submits to the Site.
  • Third-party means any services or Content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Connect form refers to the contact form provided for use by the User/Subscriber.

 

THEASCENDINGACORN.COM AND HEERARAJAGOPAL.COM (WEBSITES) PROVIDE THE WEBSITES TO YOU SUBJECT TO THESE TERMS OF USE (TERMS), WHICH MAY UPDATE PERIODICALLY. BY ACCESSING THE (WEBSITES), YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. YOU AGREE TO THESE TERMS OF USE WHETHER YOU HAVE REVIEWED THEM OR NOT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE AND CONDITIONS, PLEASE DO NOT USE/ACCESS THIS ELECTRONIC MEDIUM (THE WEBSITES).

 

By using the Websites, you represent and warrant that you are over the age of 18 and are lawfully able to accept the Websites Terms. If you are using the Websites on behalf of any entity, you further represent and warrant that you are authorized to accept these Websites Terms on such entity’s behalf and that such entity agrees to indemnify the Sites for violations of the Websites Terms.

 

CHANGE TO TERMS

The Terms of Use, or any part thereof, may be modified at the sole discretion of the Websites, including the addition or removal of Terms at any time. Such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting will be deemed to constitute acceptance by you of such modifications, additions or deletions. The Websites may change or discontinue any aspect, Service or feature at any time and reserve the right to close the Websites for any period.

 

TERMINATION OF SERVICE

We may terminate or suspend the User/Subscriber access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.

 

COPYRIGHT

Unless otherwise indicated, all of the Content featured or displayed on the Websites, including, but not limited to, text, graphics, data, photographic images, moving images, illustrations and the selection and arrangement thereof, is created and owned by Heera Rajagopal. You may not copy or use any Content from the Websites without the prior official email consent of Heera Rajagopal. The Owner and Websites do not authorize the use of images and Content without written permission and consider it Content theft and illegal copyright violations. The Owner and Websites do not consider a link to the Websites or attribution as permission to use photographs and text.

Additionally, images credited with specific authors/institutions are copyrighted; contact specific authors/institutions for permission to reuse their material.

 

RESTRICTIONS

The Contents of the Websites are protected by copyright laws and are the property of its Owner, Heera Rajagopal. You may not modify, display, manipulate, transmit, adapt, exploit or copy for distribution or sale any information, material or copyright on the Websites. You must obtain written permission from the Websites Owner who owns intellectual property on the Websites before you may publish, distribute, display or commercially exploit any material from the Websites. You may not frame or use any Websites images, trademarks, logos or other proprietary information. You may not reproduce in any form for any purpose the logo of TheAscendingAcorn.com and HeeraRajagopal.com.

 

CONTENT

The opinions, beliefs and viewpoints expressed by individuals featured in conversations or/and articles on the Websites do not necessarily reflect the opinions, beliefs and views of Heera Rajagopal, the Websites, associates or partners. The views expressed by featured participants are independent. The Websites do not profess to subscribe or agree with the views/comments.

The Websites are not liable for any statements made or information provided by those interviewed for articles found to be false or/and inaccurate.

All interviews/conversations featured on the Websites are edited excerpts. Any published Content of the Websites may be removed or edited at any time without prior notice.

 

NOT PROFESSIONAL ADVICE

The information contained or available on the Websites cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. Seek the advice of professionals regarding the evaluation of any specific information found on the Websites. Your access and use of the Websites does not in any way create a legal, confidential or privileged relationship or any other relationship that would give rise to any duties or responsibilities on the part of the Websites, associates or partners. The Websites do not recommend or endorse any specific opinions or other information that may appear on the Websites. Your use of or reliance on any information provided on the Websites is at your risk. The Websites will not be liable for any direct, indirect, consequential or other damages that may result, including but not limited to economic loss, injury, illness or death.

 

EXTERNAL LINKS

From time to time, the Websites provide external links. Links and references to any other websites are provided for information only and not as an endorsement.

The Websites make no claim or representation regarding and accept no responsibility for, directly or indirectly, the Content, quality, accuracy, nature, reliability or termination of third-party websites accessible by hyperlink from the Websites linking to the websites. Such websites are not under the control of TheAscendingAcorn.com and HeeraRajagopal.com, and the Websites are not responsible for the Contents of any linked website or any link contained in linked websites.

These websites may request information from you. In such instances, the collection and use of your personal data will be governed by the privacy policy applicable to that Website.

TheAscendingAcorn.com and HeeraRajagopal.com do not control the privacy policies, contents or links that appear on these websites. You may use the links, any service and content available thereon at your own risk.

 

CONNECT FORM

The Site welcomes Connect submissions aligned with the Website Content; select messages are published. The Site also considers messages submitted as inquiries, including on collaborations; these inquiries are not published. Your personal information is confidential. The Websites do not share your data with third parties. From time to time, specified operational and technical personnel may view your data.

The Site’s Owner does not endorse celebrity worship syndrome. The Site does not consider messages referencing entertainment or messages bearing an obsessive/delusional/savior tone. Neither does the Site accept over-familiar personal/acquaintance submissions.

The Websites will share your personal information and Site data with authorities in cases of violation of dignity (including stalking; read below), well-being and security of the Websites, its Owner and associates. Additionally, we will share your data with authorities if you publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword. The Website and its Owner reserve the right to make public the identity and evidence of such criminals.

 

PLEASE NOTE

The Site(s) Owner has the utmost commitment to integrity, emotional and psychological well-being and security, thereby enforcing a zero-tolerance policy for violators. Failing to adhere will result in serious repercussions.

We regret to inform you that the Site will not accept subscriptions from Ajman, United Arab Emirates [UAE]. The Site Owner has been a victim of obsessive cyberstalking, prolonged tormenting and distressing mimicking by an Indian Keralite female—married, mother of a son—employed as a science technician at Ajman Academy, UAE—culminating in this incumbent decision.

It is advised you become aware of stalking and its escalating detrimental effects on the perpetrator’s victim. Stalkers lead double lives; they can be in perceived relationships/marriages with offspring, often projecting a withdrawn or socially awkward or/and victim-like persona, all the while causing acute harm to their victim. Refrain from subscribing to the Site on behalf of the above-mentioned female stalker or anyone else.

The onus of dealing with evil, erotomania and narcissistic victim syndrome criminals is on the criminal and their enablers. THE WEBSITE, ITS OWNER AND ASSOCIATES ARE NOT RESPONSIBLE FOR ANY OUTCOME.

 

PERSONAL INFORMATION

The Websites do not seek sensitive personal information such as your race, political beliefs, religion, political associations, sexual preference or genetic information.

 

FRAUDULENT COMMUNICATION

The onus of engaging with fraudulent communication, such as texts, phone calls, emails, letters, courier service or/and imposter social media accounts and fraudulent PayPal invoices, lies solely with the User/Subscriber.

The Websites are not on Facebook (or any social media not linked on the Website). Apart from the private Instagram account linked on the Website, Heera Rajagopal or the Websites do not post comments/reviews on any individual or/and establishment on any platform under Heera Rajagopal, the Website or aliases.

 

SCAMMERS AND IMPERSONATORS

Scammers steal logos and Content to make it appear they are in partnership with the Websites to exploit you. Heera Rajagopal and the Websites do not endorse any individual, organization or/and charity.

No third party agency is working on behalf of the Websites or its Owner to collect money, recruit, sell, manufacture, distribute or organize events. Heera Rajagopal, the Websites or/and their associates do not solicit money. The onus of engaging with any third party lies with you.

 

SECURITY

TheAscendingAcorn.com assures to have taken administrative and technical measures to protect your data against accidental, unlawful or unauthorized destruction, loss, access, disclosure or use.  Any third party cannot access your order’s encrypted information, name, address, payment details. Your data will be handled via Secure-Socket-Layer (SSL) encrypted secure server software, noted by the “lock” icon on the address bar.

 

SUBSCRIPTION 

The yearly subscription—inclusive of applicable taxes—is offered in two tiers—Preferred and Premium. All subscription payments/purchases are considered final and non-refundable. Pricing is in USD [United States dollar]. The PayPal payment gateway for your purchase is encrypted and secure.

 

Subscription tiers:

  • TheAscendingAcorn.com yearly PREFERRED subscription—inclusive of two high-resolution digital photographs—is priced at $156.
  • TheAscendingAcorn.com yearly PREMIUM subscription—inclusive of four high-resolution digital photographs—is priced at $299.

 

Subscription Program and discounts:

Refer Friends Program: Refer two friends and receive six notecards. Each notecard with a high-resolution photograph offers blank space for you to personalize a short message. The collection of notecards—designed with symmetrical white border space—gives you the option of converting your notecards into a series of mini photographs that can be framed.

  • The friends subscriptions can be in either tier.
  • Your friends must complete their subscriptions within 75 days of your subscription purchase.
  • Once subscribed, you must provide your name, invoice number, date of purchase, along with details of your two registered friends.

Discounts: The Site will periodically post special promotions. Those featured in the Connect board were sent a set of three high-resolution digital prints as a token of the Owner’s gratitude, along with a special time-stamped discount code to use against your first subscription.

 

Subscription conditions:

  • When you (Subscriber) create an account on TheAscendingAcorn.com, you agree to have provided accurate information. The subscriber name matches the name on your credit card or debit card. The Subscriber’s full name and contact details are accurate for us to contact you.
  • The Subscriber understands their subscription is independent and of free will and with the complete understanding that all payments/purchases are final and non-refundable.
  • The Subscriber undertakes the responsibility to make the accurate payment. The Site Owner and the Site do not issue refunds. Overpayments will result in the cancellation of your subscription.
  • The Subscriber must employ the Connect form, selecting “Subscribe” to communicate with TheAscendingAcron.com for all aspects relating to their subscription, clearly mentioning the date, full name and invoice number. You will hear back within seven to nine business days.
  • The Subscriber understands technical issues might prevent a Connect submission from reaching the Site or go missing. In cases when the Subscriber does not hear back within seven to nine business days, you will resubmit your inquiry via the Site connect form.
  • The Subscriber undertakes the responsibility to ensure only the Subscriber—and no one else—uses the Subscriber’s log-in details. The Subscriber agrees not to disclose/sell/exchange their Username and password to any person or entity and understands that in doing so, the Subscriber will be held liable.
  • The Subscriber understands TheAscendingAcorn.com posts articles intermittently.
  • The Subscriber understands the Legacy page will not always reflect the latest Contents.
  • The Subscriber understands the Sites will periodically close for maintenance.
  • The Subscriber agrees not to copy or manipulate, use or distribute any material published on TheAscendingAcorn.com for profit or otherwise.
  • The Subscriber understands that TheAscendingAcorn.com reserves the right to terminate your subscription without notice or explanation.
  • The Subscriber understands that on occasion, emails (with or without attachment) reach your spam folder and takes responsibility for checking your spam folder for the Website email.
  • The Subscriber understands that the extra User Information Fields in the Registration form are only to get to know you. The Subscriber does not have to fill these fields if you are not comfortable.

 

Premium Subscriber understands:

  • On subscribing, you will receive an email about ordering downloadable digital prints.
  • The assigned official email address is solely for your use and not to be shared with a third party.
  • The official email address is strictly for issues pertaining to your specific subscription and processing your digital print order.
  • Your communication must bear your details, including the order/subscription number, full name and date of subscription purchase.
  • Your communication must be specific and respectful.
  • You will not copy or/and blind copy emails, nor upload any images/files, forwarding them to the official email.
  • Failing to abide by the above mentioned will result in subscription cancellation.

 

Premium Subscription digital prints order:

  • You are responsible for the decisive selection of digital prints—from the selection shared with you—including size and layout.
  • When the Customer places an order on TheAscendingAcorn.com, you understand that this order is a final non-refundable purchase.
  • The email order confirmation serves as the purchase payment receipt.
  • The prices on TheAscendingAcorn.com are displayed in USD ($).
  • You are responsible for mentioning special discounts codes—including seasonal specials— while placing your order.
  • Digital orders are placed on a fortnightly basis and are transmitted within fourteen business days of your payment clearance.
  • You will make accurate payments and not overpay. The Site and its Owner do not issue refunds/credits on overpayment.
  • You are responsible for the accuracy of the information you provide.

 

Downloading digital files:

  • On subscribing, you will have access to your Account page.
  • Click on Payments.
  • Click on your Membership tier (displayed in capitals).
  • Click on the displayed links.
  • Download the digital prints.

 

Disclaimer: Digital prints:

  • Your (Subscriber) computer/device or any other device through which you make the purchase (including the printer (s) you will use are equipped with programs required to open the digital files received from TheAscendingAcorn.com.
  • You are aware colors appear different on different monitors/screens/ devices.
  • You are aware of programs required to open the digital file type mentioned on TheAscendingAcorn.com.
  • You are aware downloadable digital images print differently on home printer’s vs offset printing.
  • You are aware of the download location on your device(s).
  • You understand the photographs accompanying your subscription tier are digital files; no print(s) or artwork will be mailed.
  • All the digital prints accompanying your respective subscription are for personal use only and can not be resold.

 

Trouble downloading digital files:

  • If the download files link does not go through, it could be due to an issue with your browser. Disable any installed non-standard add-ons or toolbars before trying to download again.
  • If your file is corrupted or if you still cannot open the file, Preferred Subscribers may submit your issue via the Connect form, and Premium Subscribers may submit their issue via direct email. Please mention your order #, description, date of purchase, name on the credit/debit card and email address.

 

PERSONAL DATA

The AscendingAcorn.com collects your data when you:

  • Access the Website.
  • Use the Website connect/contact form.
  • Subscribe to the Website.

 

The AscendingAcorn.com collects:

  • All communication and correspondence.
  • Your contact information: name, postal address, mobile or telephone number, email address.
  • Your IP address and information about how you use our Website.
  • Your purchase transaction number.
  • Your order history.
  • If you are browsing the Website, we may collect your IP address or other Device identifiers, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and additional portable Device information.

 

The AscendingAcorn.com does not:

Sell your personal data to a third party and does not provide your personal information to third parties unless required by law to do so or except for the operational necessities listed below:

  • When specific legislation requires, we will transfer the necessary personal data to accountancy service providers and tax and other public authorities.
  • If we need to confirm your personal data with payment service providers to prevent financial fraud or identity theft.

 

FORCE MAJEURE

The Websites, the Owner and Third Parties shall be exempt from damages and other measures if the performance of the agreement is prevented or delayed by any circumstance beyond our control, e.g. extreme weather, new/amended legislation, absent permits, war, riots, fire, flood, epidemic, pandemics, lockdown, labor market disturbances, technical problems, sabotage, unfavorable transport, terrorist attacks, acts of precedence or priorities granted at the request or for the benefit, directly or indirectly, of any government authority or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by central, state or local laws, rules or regulations as well as delays in the Service by sub-suppliers due to circumstances set forth above. The Websites shall inform the Customer(s) accordingly if any such circumstances should arise.

 

MISCELLANEOUS

You agree that you will not use any Device, software, or routine to interfere or attempt to interfere with the Websites proper working and not to take any action that imposes an unreasonable or disproportionately large load on its infrastructure. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the World Wide Web Internet, data, email, privacy, and the transmission of technical data exported from the United States or the country in which you reside. TheAscendingAcorn.com and HeeraRajagopal.com do not warrant that any functions in the Websites will be uninterrupted or error-free, that defects will be corrected, or that the Websites or the server that makes them available is free of viruses or/and other harmful components. Neither the Websites nor any of our respective licensors or suppliers warrant or make any representations regarding the use of the Services, products or materials on the Websites regarding their correctness, accuracy, reliability or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all servicing, repair or correction of your system.

Note that the Websites are provided “as is” and should be accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the Websites will be current and will contain no errors or inaccuracies, no representations, warranties, guarantees or conditions (whether expressed or implied) are given as to the operation of the Websites or that the Websites and the information, Content or materials included in the Websites will be error-free or completely accurate or current at all times or at any time.

BY USING THE WEBSITES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEBSITES, THE WEBSITES OWNER HEERA RAJAGOPAL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING ENTIRE ATTORNEYS’ FEES RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU.