Table of Contents
Terms and Conditions Of the usage of our services
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR USING ANY SERVICE FROM OUR WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, [http://open-estuary.org/ and all related sites/links mentioned] (the “Website”), Estuary (“Estuary”) offer of all services on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Estuary reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Estuary may alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Estuary encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Estuary for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for multiple services (the “Services”). By using any Services from this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify us or unsubscribe, of your desire to opt out from further direct communications and solicitations from us, you are agreeing to continue to receive further emails and call solicitations from Estuary and its designated in house or third party team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
1. You may use the opt out link if found in any email solicitation that you may receive.
You may send a written remove request to our support or contact mail/contact us forms
Proprietary Rights. Estuary may have proprietary rights and information in the Services. You may check each service used from the website for respective licensing if applicable. Please do not copy or reproduce for any commercial usages without communication to us. Please communicate with us if you want to reuse any information from our usages. Some of the data or code are GPL or licensed separately. Please follow the respective licensing in such cases.
Estuary is a open, non commercial website which could be accessed freely. However, there is no warranty and guarantee for any of the information or services provided in our website. The website may contain marketing materials as well.
This Website also offers information, both directly and through indirect links to third-party websites. In such cases, the licensing and terms and conditions of the respective website will apply.
Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Estuary does not endorse the contents on any such third-party websites. Estuary is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Estuary is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Estuary or the applicable third party (if third party content is at issue).
Please follow the source code licensing wherever applicable.
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Estuary a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Estuary does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Estuary is not liable for any damage or harm resulting from any posts by or interactions between users. Estuary reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Estuary deems objectionable.
If there is a specific licensing terms or document published separately by Estuary, that will override only the licensing terms in this document.
3. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Estuary EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES. (“SERVICES” INCLUDE SUPPORT, DOWNLOADS, and ALL OTHER INFORMATION or FEATURES.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Estuary MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFECTS IN SERVICES WILL BE CORRECTED.
REGARDING ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE.
LIMITATION OF LIABILITY
Estuary WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; (3) ANY SERVICES USED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
You will release, indemnify, defend and hold harmless Estuary, and any of its associates(based on Estuary’s confirmation on the associate status time to time OR on demand) from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the services or your use of the services from the Estuary Website; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Estuary When Estuary is threatened with suit or sued by a third party, Estuary may seek written assurances from you concerning your promise to indemnify Estuary; your failure to provide such assurances may be considered by Estuary to be a material breach of this Agreement. Estuary will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Estuary choice at its expense. Estuary will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Estuary against any claim, but you must receive Estuary prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.
Estuary believes strongly in protecting user privacy and providing you with notice of the use of data.
Estuary will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Estuary may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the services or update the same.
Entire Agreement. This Agreement comprises the entire agreement between you and Estuary and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Estuary to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Estuary reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Estuary may, in its sole discretion and without advance notice to you. If your access to the Website is terminated, Estuary reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Estuary chooses, in its sole discretion and without advance to you, to terminate it.
Use in violation of any applicable laws is prohibited.
Linux is a Registered Trademark of Linus Torvalds. All trademarks are property of their respective owners. (In case used in any of the contents in our website)
6. AGREEMENT TO BE BOUND
BY USING THIS WEBSITE OR SERVICES FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you have any comments, suggestions, correction requests and complaints, please contact us.