These Terms of Service apply to the
executable code version of OvuView. Source code for OvuView is not
publicly available and is protected by proprietary rights.
1.1 Your use of Sleekbit’s
products, software, services and web sites (referred to collectively
as the “Services” in this document and excluding any
services provided to you by Sleekbit under a separate written
agreement) is subject to the terms of a legal agreement between you
and Sleekbit. “Sleekbit” means Sleekbit LLC (filed in
Delaware). This document explains how the agreement is made up, and
sets out some of the terms of that agreement.
1.2 These Terms of Service form a legally binding agreement
between you and Sleekbit in relation to your use of the Services. It
is important that you take the time to read them carefully. This
legal agreement is referred to below as the “Terms”.
2.1 In order to use the Services, you
must first agree to the Terms. You may not use the Services if you do
not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this
option is made available to you by Sleekbit in the user interface for
any Service; or
(B) by actually using the Services. In this case, you
understand and agree that Sleekbit will treat your use of the
Services as acceptance of the Terms from that point onwards.
3.1 Sleekbit is constantly innovating
in order to provide the best possible experience for its users. You
acknowledge and agree that the form and nature of the Services which
Sleekbit provides may change from time to time without prior notice
to you.
3.2 As part of this continuing innovation, you acknowledge
and agree that Sleekbit may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you
or to users generally at Sleekbit’s sole discretion, without
prior notice to you. You may stop using the Services at any time. You
do not need to specifically inform Sleekbit when you stop using the
Services.
4.1 You agree to use the Services
only for purposes that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions (including any laws
regarding the export of data or software to and from the United
States or other relevant countries).
4.2 You agree that you will not engage in any activity that
interferes with or disrupts the Services (or the servers and networks
which are connected to the Services).
4.3 Unless you have been specifically permitted to do so in a
separate agreement with Sleekbit, you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Services for
any purpose.
4.4 You agree that you are solely responsible for (and that
Sleekbit has no responsibility to you or to any third party for) any
breach of your obligations under the Terms and for the consequences
(including any loss or damage which Sleekbit may suffer) of any such
breach.
5.1 For information about Sleekbit's data protection practices, please read Sleekbit's privacy policy at http://www.sleekbit.com/ovuview/privacy.html. This policy explains how Sleekbit treats your personal information, and protects your privacy, when you use the Services.
5.2 You agree to the use of your data in accordance with Sleekbit's privacy policies.
6.1 You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
6.2 You should be aware that Content presented to you as part of the Services, including but not limited to
advertisements in the Services and sponsored Content within the Services may be protected by intellectual property
rights which are owned by the sponsors or advertisers who provide that Content to Sleekbit (or by other persons or
companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based
on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sleekbit or
by the owners of that Content, in a separate agreement.
6.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services at your own risk.
6.4 You agree that you are solely
responsible for (and that Sleekbit has no responsibility to you or to
any third party for) any Content that you create, transmit or display
while using the Services and for the consequences of your actions
(including any loss or damage which Sleekbit may suffer) by doing so.
7.1 You acknowledge and agree that
Sleekbit (or Sleekbit’s licensors) own all legal right, title
and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those
rights may exist).
7.2 Unless you have agreed otherwise in writing with
Sleekbit, nothing in the Terms gives you a right to use any of
Sleekbit’s trade names, trade marks, service marks, logos,
domain names, and other distinctive brand features.
8.1 Sleekbit gives you a personal,
worldwide, non-assignable and non-exclusive license to use the
software provided to you by Sleekbit as part of the Services as
provided to you by Sleekbit (referred to as the
“Software” below). This license is for the sole purpose
of enabling you to use and enjoy the benefit of the Services as
provided by Sleekbit, in the manner permitted by the Terms.
8.2 You may not (and you may not permit anyone else to) copy,
modify, create a derivative work of, reverse engineer, decompile or
otherwise attempt to extract the source code of the Software or any
part thereof, unless this is expressly permitted or required by law,
or unless you have been specifically told that you may do so by
Sleekbit, in writing.
8.3 Unless Sleekbit has given you specific written permission
to do so, you may not assign (or grant a sub-license of) your rights
to use the Software, grant a security interest in or over your rights
to use the Software, or otherwise transfer any part of your rights to
use the Software.
9.1 You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By submitting, posting or displaying
the content you give Sleekbit a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license
to reproduce, adapt, modify and translate any Content which you submit through the Services.
9.2 You understand that Sleekbit, in performing the required technical steps to provide the Services
to our users, may (a) transmit or distribute your Content over various public networks and in various media;
and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media. You agree that this license shall permit
Sleekbit to take these actions.
10.3 You confirm and warrant to Sleekbit that you have all the rights, power and authority necessary
to grant the above license.
10.1 The Software which you use may
automatically download and install updates from time to time from
Sleekbit. These updates are designed to improve, enhance and further
develop the Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You
agree to receive such updates (and permit Sleekbit to deliver these
to you) as part of your use of the Services.
11.1 The Terms will continue to apply
until terminated by either you or Sleekbit as set out below.
11.2 Sleekbit may at any time, terminate its legal agreement
with you if:
(A) you have breached any provision of the Terms (or have
acted in manner which clearly shows that you do not intend to, or are
unable to comply with the provisions of the Terms); or
(B) Sleekbit is required to do so by law (for example, where
the provision of the Services to you is, or becomes, unlawful); or
(C) Sleekbit is transitioning to no longer providing the
Services to users in the country in which you are resident or from
which you use the service; or
(D) the provision of the Services to you by Sleekbit is, in Sleekbit's
opinion, no longer commercially viable.
11.3 Nothing in this Section shall affect Sleekbit’s
rights regarding provision of Services under Section 4 of the Terms.
11.4 When these Terms come to an end, all of the legal rights,
obligations and liabilities that you and Sleekbit have benefited
from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation.
12.1 NOTHING IN THESE TERMS,
INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT SLEEKBIT’S
WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED
OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE,
BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE
LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED
"AS IS" AND “AS AVAILABLE.”
12.3 IN PARTICULAR, SLEEKBIT, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU
THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE
OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SLEEKBIT OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6 SLEEKBIT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
13.1 SUBJECT TO OVERALL PROVISION IN
PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
SLEEKBIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL
NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL
OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND
UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE
LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF
DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP
OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH SLEEKBIT MAY MAKE TO THE SERVICES, OR
FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE
SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,
ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED
BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE SLEEKBIT WITH ACCURATE ACCOUNT
INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS ON SLEEKBIT’S LIABILITY TO YOU IN
PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT SLEEKBIT HAS BEEN
ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH
LOSSES ARISING.
14.1 Some of the Services are
supported by advertising revenue and may display advertisements and
promotions. These advertisements may be targeted to the content of
information stored on the Services, queries made through the Services
or other information.
14.2 The manner, mode and extent of advertising by Sleekbit
on the Services are subject to change without specific notice to you.
14.3 In consideration for Sleekbit granting you access to and
use of the Services, you agree that Sleekbit may place such
advertising on the Services.
15.1 The Services may include
hyperlinks to other web sites or content or resources. Sleekbit may
have no control over any web sites or resources which are provided by
companies or persons other than Sleekbit.
15.2 You acknowledge and agree that Sleekbit is not
responsible for the availability of any such external sites or
resources, and does not endorse any advertising, products or other
materials on or available from such web sites or resources.
15.3 You acknowledge and agree that Sleekbit is not liable
for any loss or damage which may be incurred by you as a result of
the availability of those external sites or resources, or as a result
of any reliance placed by you on the completeness, accuracy or
existence of any advertising, products or other materials on, or
available from, such web sites or resources.
16.1 Sleekbit may make changes to the
Terms of Service from time to time. When these changes are made,
Sleekbit will make a new copy of the Terms of Service available at
http://www.sleekbit.com/ovuview/tos.html
16.2 You understand and agree that if you use the Services
after the date on which the Terms of Service have changed, Sleekbit
will treat your use as acceptance of the updated Terms of Service.
17.1 The Terms constitute the whole
legal agreement between you and Sleekbit and govern your use of the
Services (but excluding any services which Sleekbit may provide to
you under a separate written agreement), and completely replace any
prior agreements between you and Sleekbit in relation to the
Services.
17.2 You agree that Sleekbit may provide you with notices,
including those regarding changes to the Terms, by email, regular
mail, or postings on the Services.
17.3 You agree that if Sleekbit does not exercise or enforce
any legal right or remedy which is contained in the Terms (or which
Sleekbit has the benefit of under any applicable law), this will not
be taken to be a formal waiver of Sleekbit’s rights and that
those rights or remedies will still be available to Sleekbit.
17.4 If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these Terms is invalid,
then that provision will be removed from the Terms without affecting
the rest of the Terms. The remaining provisions of the Terms will
continue to be valid and enforceable.
18.1 In the event of any controversy or claim arising
out of or relating to the Terms, or the breach thereof, the parties
hereto agree first to try and settle the dispute by mediation, administered
by the International Centre for Dispute Resolution under its Mediation Rules.
If settlement is not reached within 60 days after service of a written demand
for mediation, any unresolved controversy or claim arising out of or relating
to the Terms shall be settled by arbitration in accordance with the
International Arbitration Rules of the International Centre for Dispute
Resolution.
18.2 The International Expedited Procedures of the International Centre for
Dispute Resolution shall apply regardless of the amount in dispute. The place
of arbitration shall be Dover, Delaware. The language of the arbitration
shall be English. Consistent with the expedited nature of arbitration,
pre-hearing information exchange shall be limited to the reasonable production
of relevant non-privileged documents explicitly referred to by a party for the
purpose of supporting relevant facts presented in its' case, carried out
expeditiously.
18.3 Notwithstanding sections 18.1 and 18.2, you agree that Sleekbit shall
still be allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.
Nov 25, 2016