Effective & Last Modified October, 2019
Skyraan Technologies Pvt Ltd. and its subsidiary entities (collectively,
Website(s)) or any of our mobile widgets, services or other applications (
Applications) (together, our
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the
Premium Service(s)). By using the Premium Service(s), you will be subject to any charges and rules set forth in the additional terms for that particular Premium Service, in addition to the general terms provided below. We will provide notice of any charges, or extra charges, before you register for or enter a Premium Service. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge. In the event that you pay for a Premium Service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account. You may cancel your membership in the Premium Service(s) at any time by contacting us using the contact information provided on the Website or Application. We reserve the right to terminate your access to the Premium Service(s) at any time, without notice, and upon such termination we shall return the unused pro-rata portion of your membership fee.
scrapethe Website or Service Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission;
Membership). You are solely responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to contact us by clicking the
Contact Uslink on our Website immediately if you become aware of any breach of security or unauthorized use of your Membership.
Contact Uslink on our Website or by using the option included in the communication we send you (e.g., using the
Unsubscribefeature provided in the footer of our emails).
User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
moral rightsor rights of
droit moralwith respect to the User Content.
Unsolicited Materials). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
Gift Cards). The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We make no warranties, express or implied, with respect to Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gift Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
Vouchers). These Vouchers are special promotional offers that you purchase from participating non-OlyBible merchants (
Merchants) through our Websites. The Merchant will be identified on the voucher and such Merchant is solely responsible for redeeming the Voucher. The Merchant is the issuer of the Voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (
Liabilities) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release OlyBible and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it. Additionally, the expiration date on the Voucher sets forth the last date on which you can redeem your Voucher for the full promotional value as stated on the Voucher, but applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for the Voucher for a period of time beyond that expiration date.
You agree to defend, indemnify and hold harmless OlyBible, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the
You expressly agree that use of our Services is at your sole risk. Our Services and Service Content (including software) are provided on an
as is and
as available basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the Website Parties disclaim any and all warranties including any: (i) warranties that our Services will meet your requirements; (ii) warranties concerning the availability, accuracy, security, usefulness, timeliness, or information content of our Services or Service Content; (iii) warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (iv) warranties for services or goods received through, advertised or accessed through our Services; (v) warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Services; (vi) warranties that your use of our Services will be sure or uninterrupted; and (vii) warranties that errors in our Services or Service Content (including software) will be corrected.
These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (
DMCA), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (our
DMCA Compliance Officer). The DMCA Compliance Officer for notice of claims of copyright infringement on our Websites is:
skyraan Technologies Pvt Ltd.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our DMCA Compliance Officer with a written notification of claimed infringement that includes substantially the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
It is our policy, in appropriate circumstances, to terminate the accounts of users/members
who are repeat infringers or are repeatedly charged with infringement.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in the
Contact Us link on our Website. We will contact you based on the contact information you have provided us.
If, after thirty (30) days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.
We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS directly.
We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (
FAA), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the class-wide dispute must be brought in court.
To the extent permitted by law, we each waive any right to pursue disputes on a class-wide basis; that is, either to join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.