This agreement is between Flipbook Maker Online, a division of OPPORTUNITY BUSINESS NETWORKING SERVICES LLP, India, and you.
1. Background: Flipbook Maker Online is a service that enables clients to convert static documents into digital editions. Most clients use the service to create digital magazines, newspapers, newsletters, catalogues or directories. Flipbook Maker Online enables clients to convert their own files and to select from a cadre of options to produce a new, customized digital edition of their publication.
3. Use of Services: We make services available for you to create digital publications. The software and services are protected by copyright and other intellectual property laws and treaties and while the Flipbook Maker Online software is owned by us, any licenses from third parties are used by us in accordance with our agreements with the sellers of such licenses. You may not sell or redistribute the service without the prior written consent of OPPORTUNITY BUSINESS NETWORKING SERVICES LLP, India. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the service or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the service in any way or remove proprietary notices. You agree to abide by all laws and regulations in effect regarding your use of the service. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
4. Electronic Notification: You authorize us to provide you with required notices, agreements, and information concerning Flipbook Maker Online and/or your account electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of Flipbook Maker Online or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Flipbook Maker Online.
5. Registration: If you sign up to use Flipbook Maker Online, you agree to provide us with current and true information and you must be legally competent to enter into contracts and/or be authorized to act as an agent of your company (if you are signing up on behalf of your company).
6. Changes to Flipbook Maker Online: may offer new features from time and other features may be discontinued or changed at any time and without notice. Upgrades and changes in the software may result in changes in the appearance and functionality of your digital publications.
7. Payment: Unless otherwise agreed to in writing between you and Flipbook Maker Online, amounts due shall be paid in U.S. dollars annually and in advance of the start of services. Payment can be made in a lump sum at the start of the 12-month cycle or in monthly installments by credit card. If payment is to be made by credit card, you must provide your credit card information to the payment gateway integrated with Flipbook Maker Online, at the start of the 12-month cycle for automated monthly billing. There will be no grace period. Regardless of the method of payment, this service agreement is non-cancellable. Fees for services will be fully earned and non-refundable when services are first made available for your use.
8. Pricing: Flipbook Maker Online may change the price of any of its services without notice; however, you will not be subject to changes in price during the term of your subscription term with Flipbook Maker Online.
9. Auto-Renew: In the absence of specific instructions to discontinue the use of the service at the end of a subscription term, the term will auto-renew. Clients have 15 days after the end of a subscription term to cancel the auto-renewal; otherwise, the new subscription term is non-cancellable.
10. Your Responsibilities: You may use Flipbook Maker Online for lawful purposes only. You may not use Flipbook Maker Online to distribute any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including and without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of nationality, religion, gender, sexual orientation, race, ethnicity, age, beliefs, or disability; impersonates any person, business or entity, including our employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- offers, promotes or encourages betting or wagering prohibited by law;
- Interferes with the use of Flipbook Maker Online by others.
11. Disclaimer of Warranties: We provide Flipbook Maker Online”as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about Flipbook Maker Online. To the extent permitted by law, we and our suppliers disclaim implied warranties that Flipbook Maker Online and all services distributed through Flipbook Maker Online are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need or non-infringing. We do not guarantee that Flipbook Maker Online will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of Flipbook Maker Online, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use Flipbook Maker Online (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by any of our representatives shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
12. Limitation of Liability: Your exclusive remedy regarding any service provided by us shall be the replacement of any such service found to be defective. Your sole and exclusive remedy for any other dispute with us is to discontinue your use of Flipbook Maker Online. In no event shall our liability or the liability of Flipbook Maker Online, our company (Opportunity Business Networking Services LLP) or its directors, employees, contractors, officers, and agents, shareholders, etc. and our suppliers for any and all claims relating to the use of Flipbook Maker Online; exceed the total amount of service fees that you paid us during a one-year period for the specific service at Issue.
We, our parent, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon Flipbook Maker Online. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.
13. Indemnification: Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Flipbook Maker Online. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
15. Revisions to this Agreement: Flipbook Maker Online may modify this agreement at any time. The up-to-date agreement will be available on the FlipbookMakerOnline.com Web site. Your continued use of the service after changes have been made constitutes your acceptance of the revised agreement.
Updated: September 02, 2020