This Internet Website is owned and maintained by Sky It ventures Pvt.Ltd., (“Digsky”), your use of this Website is subject to the terms and conditions set forth below. By accessing this Website, you acknowledge that you have read and accept these terms and conditions. If you do not accept these terms and conditions, please do not use this Web site.
Information is provided on Website “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.
Use of this Web site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained using this Website. Under no circumstances and under no legal theory shall Digsky its suppliers, or any other party involved in creating, producing, or delivering this Website’s contents be liable to you or any other person for any lost profits or income, lost business or lost data, or for any indirect, special, incidental, or consequential damages of any character arising from your access to, or use of, this Web site.
You may download, use, and copy the materials found on this Website for your personal, noncommercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the Website which pertains to the material being copied from this firm. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material found or described therein. All such rights are retained by Digsky and/or any third party owner of such rights. You may not create framed links to our web pages without express written permission from Digsky.
1. Intellectual Property. For as long as Digsky is providing services to Customer, Customer hereby grants Digsky a royalty-free, worldwide, non-exclusive right and license to use, copy, reproduce, modify, use, display and transmit to the public all trademarks, service marks, artwork, logos, copyrightable works or other information or materials of a proprietary nature which are communicated and/or forwarded by Customer to Digsky in order for Digsky to provide services to Customer, all as reasonably determined by Digsky (collectively, “Intellectual Property”). Customer represents and warrants that it has proper title to all of the Intellectual Property and that it is entitled to use such Intellectual Property in the manner contemplated herein and that Customer is entitled to grant Digsky the right to use such Intellectual Property as set forth above. Customer shall indemnify Digsky against all claims, damages, demands, liability, costs and fees (including reasonable attorneys’ fees) whatsoever arising out of or in any way connected to a breach of the representations and warranties contained in this Section.
2. Payment. Customer agrees to pay a service charge equal to the lesser of one and one-half percent (1.5%) per month on the outstanding past due balance and the maximum amount permitted by law.
3. Limited Warranty. EXCEPT FOR THOSE WARRANTIES CONTAINED HEREIN, DIGSKY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN. NO AFFIRMATION OF DIGSKY, BY WORDS OR ACTIONS, OTHER THAN AS SET FORTH IN THIS SECTION SHALL CONSTITUTE A WARRANTY.
4. Limitation of Liability. DIGSKY’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR STRICT LIABILITY) FOR SERVICES RENDERD OR NON-PERFORMACE OF SERVICES SHALL BE LIMITED TO DIGSKY CREDITING OR PAYING CUSTOMER AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH SERVICES. IN NO EVENT SHALL DIGSKY BE LIABLE FOR CONSEQUENTIAL DAMAGES.
5. Cost and Expenses of Enforcement. Customer is responsible for all costs and expenses incurred by Seller in enforcing its rights, including, without limitation, reasonable costs and attorneys’ fees related to any lawsuit or claim by and/or between Customer and Digsky. In the event of Customer’s breach of any obligation (which includes, but is not limited to, Customer’s failure to pay), Customer agrees to pay all reasonable attorneys’ fees, collection fees and costs of Digsky, including those incurred post-judgment, in any action brought to enforce the terms and conditions of any transaction. Furthermore, Customer acknowledges and agrees that Digsky may seek equitable relief without the necessity of posting a bond.