Ownership and Intellectual Property Rights
Modification to the site
Dealings with advertisers and merchants
Dealings with third parties and links
Your account, password and security
Disclaimer and limitation of liability
Ownership and Intellectual Property Rights
Sankhyaa Ltd shall retain all ownership in the Site. You acknowledge and agree that the Site and all information presented to you through the Site contain intellectual property rights owned by Sankhyaa Ltd, including but not limited to copyright, design rights and trade marks and You agree not to infringe the intellectual property rights owned by Sankhyaa Ltd or third parties as detailed in the Copyright Notice.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this site are registered and unregistered Trademarks of Sankhyaa Ltd and its subsidiaries. Nothing contained on Sankhyaa Ltd or subsidiary websites should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the WizPool websites without the written permission of Sankhyaa Ltd or its subsidiaries or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on Sankhyaa's websites is prohibited. Sankhyaa Ltd and its subsidiaries aggressively enforce intellectual property rights, including via civil and criminal proceedings.
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Sankhyaa Ltd and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.K. and foreign copyright and trademark laws.
All files uploaded by You or submitted by You for upload to the WizPool Website shall be subject to the terms and conditions of the Creative Commons Attribution 3.0 Unported License. For more information on Creative Commons licenses, see http://creativecommons.org/about/licenses/meet-the-licenses.
You shall not Upload, post or otherwise make available on the WizPool Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You
Sankhyaa Ltd's management and personnel respect the copyright and intellectual property rights of others. We expect You to respect those rights as well. Sankhyaa Ltd may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Sankhyaa Ltd may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission or upload, and hereby agree to indemnify, defend and hold harmless Sankhyaa Ltd for any and all claims, liabilities, damages and expenses arising from such infringement, including, but not limited to attorneys' fees.
If you believe that your copyright in any material has been infringed on the WizPool site, please notify Sankhyaa Ltd at: firstname.lastname@example.org
You must provide us with the following information:
Sankhyaa Ltd grants You a nonexclusive, revocable right to use the Site provided that You expressly agree not to:
Modifications to the Site
Sankhyaa Ltd reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to You, and You agree that Sankhyaa Ltd shall not be liable to You or any third party for any modification or discontinuance of the Site.
Dealings with Advertisers and Merchants
(a) Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the 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 or merchant.
(b) To the fullest extent permitted by applicable law, you agree that:
(i) Sankhyaa Ltd shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on or through the Site; and
(ii) Any orders placed by you on, and any product specifications and product availability appearing on, the Site are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
Dealings with Third Parties and Links
(a) The Site may provide, or third parties may provide, links to other web sites or resources. As Sankhyaa Ltd has no control over such sites and resources, you acknowledge and agree that Sankhyaa Ltd is not responsible for the availability of such external sites or resources, 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.
(b) Any dealings by you with any third party on or through the Site shall be solely between you and that third party and Sankhyaa Ltd shall not be responsible for any loss or damage that may arise from any such dealings.
Your account, password and security
You are responsible for maintaining the confidentiality of any password and account number provided by Sankhyaa Ltd for accessing the Site, and are fully responsible for all activities that occur under Your password or account. You agree to immediately notify Sankhyaa Ltd of any unauthorized use of Your password or account or any other breach of security.
Sankhyaa Ltd shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You may not use anyone else's account or permit anyone else to use Your account at any time. Should Sankhyaa Ltd have reason to believe that there has been an impersonation or misuse of the service through Your account, such action shall be construed as a breach of this Agreement by You.
You agree to indemnify, defend and hold harmless, Sankhyaa Ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Sankhyaa Ltd reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Sankhyaa Ltd in asserting any available defenses.
Disclaimer and Limitation of Liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SANKHYAA LTD AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES PROVIDED BY SANKHYAA LTD OR THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. SANKHYAA LTD IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SANKHYAA LTD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SANKHYAA LTD OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SANKHYAA LTD'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO SANKHYAA LTD, IF ANY, IN THE THREE (3) MONTH PERIOD PRIOR TO ANY DISPUTE. YOU AGREE NOT TO HOLD SANKHYAA LTD, SANKHYAA LTD'S AGENTS AND EMPLOYEES, OFFICERS, DIRECTORS, OR PARTICIPANTS IN SANKHYAA LTD'S AFFILIATE SERVICE LIABLE FOR ANY ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE AND RELEASE ALL SUCH PERSONS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
This Agreement and all questions of construction, validity and performance under this Agreement shall be governed by English law and subject to the non-exclusive jurisdiction of the English courts. Nothing in the Terms affects any liability for fraudulent misrepresentation. Any failure by Sankhyaa Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Sankhyaa Ltd and You with respect to the subject matter hereof, and You have not relied upon any promises or representations by Sankhyaa Ltd with respect to the subject matter except as set forth herein. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
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