TERMS AND CONDITIONS
Last updated
October 05, 2024
AGREEMENT TO OUR LEGAL TERMS
We are
Okbookmarks ("Company,"
"we," "us,"
"our"), a company registered in
India
at HSR,
Bengaluru,
Karnataka
560034.
We operate
the website
https://okbookmarks.com
(the
"Site"), as well as
any other related products and services that
refer or link to these legal terms (the
"Legal Terms") (collectively, the
"Services").
You can contact us by
email at
support@okbookmarks.com or by
mail to HSR,
Bengaluru,
Karnataka
560034, India.
These Legal Terms constitute a legally binding
agreement made between you, whether personally
or on behalf of an entity ("you"), and Okbookmarks,
concerning your access to and use of the
Services. You agree that by accessing the
Services, you have read, understood, and agreed
to be bound by all of these Legal Terms. IF YOU
DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any
scheduled changes to the Services you are using.
The modified Legal Terms will become effective
upon posting or notifying you by
support@okbookmarks.com, as stated in the email message. By continuing
to use the Services after the effective date of
any changes, you agree to be bound by the
modified terms.
All users who are
minors in the
jurisdiction in
which they reside
(generally under the
age of 18) must have
the permission of,
and be directly
supervised by, their
parent or guardian
to use the Services.
If you are a minor,
you must have your
parent or guardian
read and agree to
these Legal Terms
prior to you using
the Services.
We recommend that you print a copy of these Legal
Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the
Services is not intended for distribution to or
use by any person or entity in any jurisdiction
or country where such distribution or use would
be contrary to law or regulation or which would
subject us to any registration requirement
within such jurisdiction or country.
Accordingly, those persons who choose to access
the Services from other locations do so on their
own initiative and are solely responsible for
compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA),
Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the
Services. You may not use the Services in a way
that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all
intellectual property rights in our Services,
including all source code, databases,
functionality, software, website designs, audio,
video, text, photographs, and graphics in the
Services (collectively, the
"Content"), as well as the trademarks, service marks,
and logos contained therein (the
"Marks").
Our Content and Marks are protected by
copyright and trademark laws (and various other
intellectual property rights and unfair
competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or
through the Services
"AS IS"
for your
personal,
non-commercial use
only.
Your use of our Services
Subject to your compliance with these Legal
Terms, including the
"PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive,
non-transferable, revocable
license
to:
-
access the Services; and
-
download or print a copy of any portion of
the Content to which you have properly
gained access.
solely for your
personal,
non-commercial use.
Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services and
no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose
whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please
address your request to:
support@okbookmarks.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our
Services or Content, you must identify us as the
owners or licensors of the Services, Content, or
Marks and ensure that any copyright or
proprietary notice appears or is visible on
posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to
you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our
Legal Terms and your right to use our Services
will terminate immediately.
Your submissions
Please review this section and the
"PROHIBITED ACTIVITIES"
section carefully prior to using our Services to
understand the (a) rights you give us and (b)
obligations you have when you post or upload any
content through the Services.
Submissions: By directly
sending us any question, comment, suggestion,
idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree
that we shall own this Submission and be
entitled to its unrestricted use and
dissemination for any lawful purpose, commercial
or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or
upload:
By sending us Submissions
through any part of the Services
you:
-
confirm that you have read and agree with
our "PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or
transmit through the Services any
Submission
that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any
person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
-
to the extent permissible by applicable
law, waive any and all moral rights to any
such Submission;
-
warrant that any such Submission
are original to you or that you have the
necessary rights and
licenses
to submit such Submissions
and that you have full authority to grant us
the above-mentioned rights in relation to
your Submissions; and
-
warrant and represent that your
Submissions
do not constitute confidential
information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and
all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable
law.
By using the Services, you represent and
warrant that:
(1) all registration information you
submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of
such information and promptly update
such registration information as
necessary; (3) you have the legal capacity and you agree to
comply with these Legal Terms; (4) you are not a minor in the jurisdiction
in which you reside, or if a minor, you have
received parental permission to
use the Services; (5) you will not access the Services through
automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the Services for any
illegal or
unauthorized
purpose; and (7) your use of the Services will not violate
any applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or
incomplete, we have the right to suspend
or terminate your account and refuse any
and all current or future use of the
Services (or any portion thereof).
You may be required to register
to use the Services. You agree
to keep your password
confidential and will be
responsible for all use of your
account and password. We reserve
the right to remove, reclaim, or
change a username you select if
we determine, in our sole
discretion, that such username
is inappropriate, obscene, or
otherwise objectionable.
We accept the following forms of payment:
-
Visa
-
Mastercard
-
American Express
-
Discover
You agree to provide current, complete, and
accurate purchase and account information for
all purchases made via the Services. You further
agree to promptly update account and payment
information, including email address, payment
method, and payment card expiration date, so
that we can complete your transactions and
contact you as needed. Sales tax will be added
to the price of purchases as deemed required by
us. We may change prices at any time. All
payments shall be in
US dollars.
You agree to pay all charges at the prices then
in effect for your purchases and any applicable
shipping fees, and you
authorize
us to charge your chosen payment provider for
any such amounts upon placing your order. We
reserve the right to correct any errors or
mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole
discretion, limit or cancel quantities purchased
per person, per household, or per order. These
restrictions may include orders placed by or
under the same customer account, the same
payment method, and/or orders that use the same
billing or shipping address. We reserve the
right to limit or prohibit orders that, in our
sole
judgment, appear to be placed by dealers, resellers, or
distributors.
You may not access or use the Services for
any purpose other than that for which we
make the Services available. The Services
may not be used in connection with any
commercial
endeavors
except those that are specifically endorsed
or approved by us.
As a user of the Services, you
agree not to:
-
Systematically retrieve
data or other content from
the Services to create or
compile, directly or
indirectly, a collection,
compilation, database, or
directory without written
permission from us.
-
Trick, defraud,
or mislead us
and other users,
especially in
any attempt to
learn sensitive
account
information such
as user
passwords.
-
Circumvent,
disable, or
otherwise
interfere with
security-related
features of the
Services,
including
features that
prevent or
restrict the use
or copying of
any Content or
enforce
limitations on
the use of the
Services and/or
the Content
contained
therein.
-
Disparage,
tarnish, or
otherwise harm,
in our opinion,
us and/or the
Services.
-
Use any
information
obtained from
the Services in
order to harass,
abuse, or harm
another
person.
-
Make improper
use of our
support services
or submit false
reports of abuse
or
misconduct.
-
Use the
Services in a
manner
inconsistent
with any
applicable laws
or
regulations.
-
Engage in
unauthorized
framing of or
linking to the
Services.
-
Upload or
transmit (or
attempt to
upload or to
transmit)
viruses, Trojan
horses, or other
material,
including
excessive use of
capital letters
and spamming
(continuous
posting of
repetitive
text), that
interferes with
any party’s
uninterrupted
use and
enjoyment of the
Services or
modifies,
impairs,
disrupts,
alters, or
interferes with
the use,
features,
functions,
operation, or
maintenance of
the
Services.
-
Engage in any
automated use of
the system, such
as using scripts
to send comments
or messages, or
using any data
mining, robots,
or similar data
gathering and
extraction
tools.
-
Delete the
copyright or
other
proprietary
rights notice
from any
Content.
-
Attempt to
impersonate
another user or
person or use
the username of
another
user.
-
Upload or
transmit (or
attempt to
upload or to
transmit) any
material that
acts as a
passive or
active
information
collection or
transmission
mechanism,
including
without
limitation,
clear graphics
interchange
formats ("gifs"), 1×1 pixels,
web bugs,
cookies, or
other similar
devices
(sometimes
referred to as
"spyware" or
"passive
collection
mechanisms" or
"pcms").
-
Interfere with,
disrupt, or
create an undue
burden on the
Services or the
networks or
services
connected to the
Services.
-
Harass, annoy,
intimidate, or
threaten any of
our employees or
agents engaged
in providing any
portion of the
Services to
you.
-
Attempt to
bypass any
measures of the
Services
designed to
prevent or
restrict access
to the Services,
or any portion
of the
Services.
-
Copy or adapt
the Services'
software,
including but
not limited to
Flash, PHP,
HTML,
JavaScript, or
other
code.
-
Except as
permitted by
applicable law,
decipher,
decompile,
disassemble, or
reverse engineer
any of the
software
comprising or in
any way making
up a part of the
Services.
-
Except as may
be the result of
standard search
engine or
Internet browser
usage, use,
launch, develop,
or distribute
any automated
system,
including
without
limitation, any
spider, robot,
cheat utility,
scraper, or
offline reader
that accesses
the Services, or
use or launch
any
unauthorized
script or other
software.
-
Use a buying
agent or
purchasing agent
to make
purchases on the
Services.
-
Make any
unauthorized
use of the
Services,
including
collecting
usernames and/or
email addresses
of users by
electronic or
other means for
the purpose of
sending
unsolicited
email, or
creating user
accounts by
automated means
or under false
pretenses.
-
Use the
Services as part
of any effort to
compete with us
or otherwise use
the Services
and/or the
Content for any
revenue-generating
endeavor
or commercial
enterprise.
7. USER GENERATED
CONTRIBUTIONS
The
Services
does not
offer users
to submit or
post
content.
We may
provide you
with the
opportunity
to create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or broadcast
content and
materials to
us or on the
Services,
including
but not
limited to
text,
writings,
video,
audio,
photographs,
graphics,
comments,
suggestions,
or personal
information
or other
material
(collectively,
"Contributions").
Contributions
may be
viewable by
other users
of the
Services and
through
third-party
websites.
As such, any
Contributions
you transmit
may be
treated in
accordance
with the
Services'
Privacy
Policy.
When you
create or
make
available
any
Contributions,
you thereby
represent
and warrant
that:
-
The creation, distribution,
transmission, public
display, or performance, and
the accessing, downloading,
or copying of your
Contributions do not and
will not infringe the
proprietary rights,
including but not limited to
the copyright, patent,
trademark, trade secret, or
moral rights of any third
party.
-
You are the creator and
owner of or have the
necessary
licenses, rights, consents,
releases, and permissions to
use and to
authorize
us, the Services, and other
users of the Services to use
your Contributions in any
manner contemplated by the
Services and these Legal
Terms.
-
You have the written
consent, release, and/or
permission of each and every
identifiable individual
person in your Contributions
to use the name or likeness
of each and every such
identifiable individual
person to enable inclusion
and use of your
Contributions in any manner
contemplated by the Services
and these Legal Terms.
-
Your Contributions are not
false, inaccurate, or
misleading.
-
Your Contributions are not
unsolicited or
unauthorized
advertising, promotional
materials, pyramid schemes,
chain letters, spam, mass
mailings, or other forms of
solicitation.
-
Your Contributions are not
obscene, lewd, lascivious,
filthy, violent, harassing,
libelous, slanderous, or otherwise
objectionable (as determined
by us).
-
Your Contributions do not
ridicule, mock, disparage,
intimidate, or abuse
anyone.
-
Your Contributions are not
used to harass or threaten
(in the legal sense of those
terms) any other person and
to promote violence against
a specific person or class
of people.
-
Your Contributions do not
violate any applicable law,
regulation, or rule.
-
Your Contributions do not
violate the privacy or
publicity rights of any
third party.
-
Your Contributions do not
violate any applicable law
concerning child
pornography, or otherwise
intended to protect the
health or well-being of
minors.
-
Your Contributions do not
include any offensive
comments that are connected
to race, national origin,
gender, sexual preference,
or physical handicap.
-
Your Contributions do not
otherwise violate, or link
to material that violates,
any provision of these Legal
Terms, or any applicable law
or regulation.
Any use of the Services in
violation of the foregoing
violates these Legal Terms and
may result in, among other
things, termination or
suspension of your rights to use
the Services.
You and Services agree that we may access,
store, process, and use any information and
personal data that you provide
following the terms of the Privacy
Policy
and your choices (including settings).
By submitting suggestions or other feedback
regarding the Services, you agree that we can
use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all
of your Contributions and any intellectual
property rights or other proprietary rights
associated with your Contributions. We are not
liable for any statements or representations in
your Contributions provided by you in any area
on the Services. You are solely responsible for
your Contributions to the Services and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal
action against us regarding your
Contributions.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal
Terms; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the
extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all
files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our
rights and property and to facilitate the proper
functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please
review our Privacy Policy: okbookmarks.com/privacy. By using the Services, you agree to be bound by
our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are
hosted in the
Netherlands. If you access
the Services from any other region of the world with
laws or other requirements governing personal data
collection, use, or disclosure that differ from
applicable laws in
the
Netherlands, then through
your continued use of the Services, you are
transferring your data to
the
Netherlands, and you
expressly consent to have your data transferred to
and processed in
the
Netherlands.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and
effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and
creating a new account under your name, a fake or
borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party.
In addition to terminating or suspending your
account, we reserve the right to take appropriate
legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove
the contents of the Services at any time or for any
reason at our sole discretion without notice.
However, we have no obligation to update any
information on our Services.
We will not be liable to you or any third party for
any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available
at all times. We may experience hardware, software,
or other problems or need to perform maintenance
related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason
without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or
use the Services during any downtime or
discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any
corrections, updates, or releases in connection
therewith.
13. GOVERNING LAW
These Legal Terms shall be governed by and defined
following the laws of
India. Okbookmarks and
yourself irrevocably consent that the courts of
India
shall have exclusive jurisdiction to resolve any
dispute which may arise in connection with these
Legal Terms.
14. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with these
Legal Terms, including any question regarding its
existence, validity, or termination, shall be referred
to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the
Rules of this ICAC, which, as a result of referring to
it, is considered as the part of this clause. The number
of arbitrators shall be
one (1). The seat, or legal
place, or arbitration shall be
Bengaluru,
India. The language of the
proceedings shall be
English. The governing law
of these Legal Terms shall be substantive law of
India.
Restrictions
The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. To the
full extent permitted by law, (a) no arbitration shall
be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a
class-action basis or to
utilize
class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public
or any other persons.
Exceptions to Arbitration
The Parties agree
that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning
the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that
court.
15. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and
various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any
time, without prior notice.
16.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO
THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING
THE
three
(3)
mONTH
PERIOD
PRIOR TO
ANY
CAUSE OF
ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents,
partners, and employees, from and against any loss,
damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of:
(1)
use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms;
(4)
your violation of the rights of a third party,
including but not limited to intellectual
property rights; or (5) any overt harmful act toward any other user
of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume
the exclusive
defense
and control of any matter for which you are
required to indemnify us, and you agree to
cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts
to notify you of any such claim, action, or
proceeding which is subject to this
indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to
the Services for the purpose of managing the
performance of the Services, as well as data
relating to your use of the Services. Although we
perform regular routine backups of data, you are
solely responsible for all data that you transmit or
that relates to any activity you have undertaken
using the Services. You agree that we shall have no
liability to you for any loss or corruption of any
such data, and you hereby waive any right of action
against us arising from any such loss or corruption
of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive electronic
communications, and you agree that all agreements,
notices, disclosures, and other communications we
provide to you electronically, via email and on the
Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an
original signature or delivery or retention of
non-electronic records, or to payments or the
granting of credits by any means other than
electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing
at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to
the Services constitute the entire agreement and
understanding between you and us. Our failure to
exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such
right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at
any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any
provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability
of any remaining provisions. There is no joint
venture, partnership, employment or agency
relationship created between you and us as a result
of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You
hereby waive any and all
defenses
you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the
Services or to receive further information regarding
use of the Services, please contact us at:
Okbookmarks
HSR
Bengaluru,
Karnataka
560034
India
support@okbookmarks.com