BABUSHKA SOLUTIONS’ TERMS & CONDITIONS OF USE
Acceptance of Terms
Description and use of this Service
Babushka Solutions requires that all visitors to this World Wide Website owned, operated, licensed, and controlled by Babushka Solutions (the “Service”) adhere to the following Terms And Conditions of Use. Babushka Solutions may change, suspend or discontinue any aspect of the Service at any time, including the availability of any feature, database or content. Babushka Solutions may also impose limits on certain features and services and/or restrict your access to parts or all of the Service without notice or liability of any kind. To the extent that you and Babushka Solutions have entered into a client’s service/license agreement (“Client Agreement”) for any portion of the Service, the terms and conditions of the Client Agreement will control in the event that of any provisions that may conflict with these Terms and Conditions of Use.
This Service provides authorized users with access to a collection of resources, including access to certain service deliverables, articles, and insights for general informational purposes. The Content (as such term is defined below) is to be used solely as a research tool and not as specific guides for action. YOU UNDERSTAND AND AGREE THAT THIS SERVICE AND THE CONTENT IS PROVIDED “AS-IS” AND YOU ASSUME FULL RISK FOR ANY AND ALL USE OF THIS SERVICE AND FOR ANALYSIS OF THE CONTENT. You may not use this Service or the Content for any illegal purpose or in any manner inconsistent with these Terms and Conditions of Use. We make every effort to ensure that the Content on this Service is accurate and up to date, however accuracy cannot be guaranteed.
Accounts registered by automated methods are not permitted and will be deleted immediately without notice. If requested, you must provide your legal full name, a valid email address, and any other pertinent information requested in order to complete the signup process. You are responsible for maintaining the security of your account and password. Babushka Solutions cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation. You are hereby considered fully responsible for all content posted and any and all activity that occurs under your account. You may not use the Service for any illegal activities. You must not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activities through the Service, you agree to hold Babushka Solutions blameless and not liable for any damages or crimes that may occur as a result. You will also have your account immediately shut down, and all data therein deleted. You may not use the Service to sell or distribute offensive or illegal content (goods, software, products or material). You agree Babushka Solutions holds the right to determine what is considered “offensive” as pertaining to this agreement. Offensive and illegal content includes: things that are sexually-oriented or pornographic, drugs, gambling, things that promote hate or violence towards others. You will have your account immediately shut down, and all data there-in deleted should you sell or distribute illegal or offensive content.
Modifications to the Service
Babushka Solutions the right at any time to modify or discontinue, temporarily or permanently, this Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Service.
Copyright and Content Ownership
You retain your rights to any content you submit, post or display on or through the Service. Babushka Solutions claims no ownership to any content you post to the Service.
Limitation of Liability
To the fullest extent permitted by law, Babushka Solutions excludes all terms, conditions, warranties, and guarantees which might be implied into these terms and conditions.Babushka Solutions’s liability to you in respect of any claim made by you arising out of or in connection to the Service is limited, at the option of Babushka Solutions, to the provision of the Service again or paying to provide the Service again. You expressly understand and agree that Babushka Solutions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Babushka Solutions has been advised of the possibility of such damages), resulting from: (Ⅰ) the use or the inability to use the service; (Ⅱ) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (Ⅲ) unauthorized access to or alteration of your transmissions or data; (Ⅳ) statements or conduct of any third party on the service; (Ⅴ) or any other matter relating to the service.
Applicable Law and Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws applicable in New South Wales, Australia. You and Babushka Solutions agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Your use of the Service is at your own risk. The service is provided on an “as-is” and “as-available” basis. Technical support is available to account holders and is available via email (firstname.lastname@example.org). You acknowledge and understand that Babushka Solutions uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Babushka Solutions. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Babushka Solutions employee, member, or officer will result in immediate account termination and potential criminal charges. Babushka Solutions does not warrant that (Ⅰ) the service will meet your specific requirements, (Ⅱ) the service will be uninterrupted, timely, or error-free, (Ⅲ) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. You expressly understand and agree that Babushka Solutions shall not be liable for any payments and monetary transactions that occur through your use of the Service. The failure of Babushka Solutions to aggressively enforce any right or provision of the Terms of Service shall not be construed as a waiver of such right or provision. The Terms of Service outlines the entire agreement between you and Babushka Solutions and supersedes any prior agreements between you and Babushka Solutions including prior iterations of the Terms and Conditions. Part or all of any provision of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining provisions of this agreement will continue in force.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY THAT (Ⅰ) THE SERVICE WILL MEET YOUR REQUIREMENTS, (Ⅱ) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (Ⅲ) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (Ⅳ) THE QUALITY OF THE CONTENT OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (Ⅴ) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (Ⅵ) OR THAT THIS WEB WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
- THIS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
- INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY CIKLUM AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
You agree to indemnify, and hold Babushka Solutions and its affiliates and each of their directors, officer, employees harmless from and against any and all claims, actions or demands brought against Babushka Solutions arising out of or relating to your use of the Service or your breach of these Terms and Conditions of Use. The indemnification set forth in this Paragraph shall include all expenses and costs (including reasonable attorney fees) resulting from or arising out of the above claims.
By using the Service, you are deemed to agree to these Terms and Conditions of Use.