“The Company” refers Sunkat Ltd. (UK registration number 09396152), owners and operators of The Service.
“The Content” refers to text, images, video or any other media or design element, as well as the technological implementation used to present that element.
“We”, “Us”, “Our” refer to The Company.
“You”, “Your” refer to you.
To enter into this agreement, you must be legally able to enter into this agreement, and the older of either • 18 years of age; or • the legal majority in your country of residence
Your use of The Service
The limited licence does not include any of the following:
The licence to resell or to make commercial use of The Service or The Content hosted on it.
The license to distribute, perform or display publicly The Service or The Content hosted on it, other than such features The Service provides.
The license to change or create derivative works based upon The Service or The Content hosted on it.
The license to use any data mining, robots, web page scraping or similar technologies to access The Service or The Content hosted on it.
The license to download (other than as required for regular use) any portions of The Service or The Content unless expressly permitted by The Service.
Use of The Service or The Content for other than its intended purpose.
Your limited license does not transfer ownership of copyright, patents, trademarks or other intellectual property.
We may revoke this license at Our sole discretion at any time.
To use The Service to access The Content, You must create an account.
Accounts are identified by an email address and a password.
You are responsible for maintaining the confidentiality of Your account and its credentials.
You are responsible for all actions undertaken with Your account. In the event of a security breach, You are responsible for notifying us in a timely manner.
We will not be liable for any loss that may incur as a result of someone else using Your account, either with or without your knowledge. You could be held liable for losses incurred by us or another party due to someone else using your account.
You will not use an account belonging to another person at any time.
We care about the integrity and security of your personal information. But we cannot guarantee that unauthorised third parties will never be able to defeat The Service's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
Some features of The Service may require a payment. These parts are clearly marked.
Where payment is required, the whole cost, including any fees or taxes will be disclosed prior to purchase.
You may be liable for any additional charges relating to data transmission.
The Service does not use deceptive billing practices.
If you believe The Company has charged You in error, You must notify The Company no later than 30 days after you receive the billing statement. If You fail to notify the Company within this time, You waive any disputed charges. You must submit any billing disputes to email@example.com
You are entirely liable to The Company for the value of any credit card chargebacks or related fees that The Company incurs on your account.
Where a suitable solution cannot be found in the event of a billing error, a refund may be issued at The Company's sole discretion.
You are solely responsible for all acts and omissions that occur because of your use of The Service.
You must comply with all laws and regulations of any governmental body that apply to Your access to The Service and The Content, including laws relating to the Internet, data, email and privacy.
You must not engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of The Service in any medium, including by any automated or non-automated scraping;
recording or rebroadcasting any content;
using The Service to infringe the rights of another person;
using any automated system, including robots, spiders, offline readers, etc. to access The Service without express consent;
transmitting spam, chain letters, or other unsolicited email;
using The Service to submit, publish, display, disseminate, or otherwise communicate any defamatory, libellous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of The Service or to any other person;
attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running The Service;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on The Service infrastructure;
uploading invalid data, viruses, Trojan horses, worms, or other software agents through The Service;
collecting or harvesting any personally identifiable information, including account names, from The Service;
using The Service to engage in false or deceptive advertising or trade practices;
impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
interfering with the proper working of The Service;
attacking The Service via a denial-of-service (DoS) attack or a distributed denial of service attack (DDoS);
bypassing the security measures we may use to prevent or restrict access to The Service, including features that prevent or restrict use or copying of The Content or enforce limitations on use of The Service or The Content located on it; or
using The Service for any unlawful purpose or in any way that is prohibited by these terms or that exposes us to civil or criminal liability.
Unauthorised use of The Service or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We will take appropriate action against You for any unauthorised use of The Service or the content, including civil, criminal, injunctive relief, and termination of Your access or registration.
The Service may contain links to third-party websites or resources. You acknowledge that We are not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by Us of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any third-party websites or resources.
Reliance upon information provided
We make the information presented on or through The Service available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to The Service, or by anyone who may be informed of any of its contents.
For information on data privacy, legal compliance and technologies, please see our Privacy Notice.
We respect the intellectual property rights of others, and expect all users of The Service to do the same.
Either party may terminate this agreement at any time by notifying the other party.
We may terminate Your account or suspend Your access to The Service promptly, without advance notice or liability for any reason or no reason, including for breach of this agreement.
In particular we may terminate accounts that have been flagged for repeated copyright infringement.
On termination of this agreement, Your access to and ability to use The Service will immediately end.
Any provisions in this agreement which, by their nature, should survive termination will do so, including ownership, warranty disclaimers and limitations of liability.
Termination of your access to and use of The Service will not relieve you of any of the obligations arising or accruing before termination or limit any liability that you may have to The Company or any third party.
Upon termination of this agreement, all limited license to The Content shall end. You are responsible for ensuring any copies of The Content held by You are securely erased. The Company may require proof that this has been carried out.
Changes to The Service
We may update The Content on The Service from time to time, however We do not warrant that The Content is complete or up-to-date and We are under no obligation to update The Content. If You believe that You have found errors or omissions in The Service or The Content, please bring them to Our attention by contacting The Company at firstname.lastname@example.org
We will try to make sure The Service is always available, however We do not guarantee continuous, uninterrupted or secure access to The Service. Factors outside Our control my interfere with or adversely effect Our operation of The Service.
You acknowledge that We cannot and do not state that files available for downloading from the Internet or The Service will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack (DDoS), viruses, or other technologically harmful material that might affect Your computer equipment, computer programs, data, or other proprietary material due to Your use of The Service or any services or items obtained through The Service or to Your downloading of any material posted on it, or on any website linked to it.
Your use of The Service, The Content, and any services or items obtained through The Service is at your own risk. We provide The Service, The Content, and any services or items obtained through The Service "as is," with all faults, and as available, without making any warranties, either express or implied. We are not making any warranties (1) that The Service, The Content, or any services or items obtained through The Service will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that The Service or the servers that make it available are free of viruses or other harmful components; or (4) that The Service or any services or items obtained through The Service will otherwise meet your needs or expectations.
We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, non-infringement, privacy, and fitness for particular purpose.
Limit on Liability
We will not be liable to You for any of the following:
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage resulting from Your access to and use of The Service;
Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libellous, abusive, invasive of privacy, or illegal;
Unauthorised access to or use of Our servers and any personal or financial information stored in them, including unauthorised access or changes to Your account, submissions, transmissions, or data;
Interruption or cessation of transmission to or from The Service;
Denial-of-service attack (DoS) or distributed denial-of-service attack (DDoS);
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through The Service by any person or that might infect Your computer or affect Your access to or use of The Service, Your other services, hardware, or software
Incompatibility between The Service and Your other services, hardware, or software;
Delays or failures You might experience in starting, conducting, or completing any transmissions to or transactions with The Service; or
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through The Service.
You hereby release Us from all liability arising out of user submissions or the conduct of other users or third parties, including disputes between You and one or more other users or third parties.
Exclusion of Damages
Unless caused by Our gross negligence or Our intentional misconduct, We will not be liable to You for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages, regardless of theory of liability and even if You told us about the possibility of these damages or we knew or should have known about the possibility of these damages arising out of or relating to Your access or Your inability to access The Service or The Content.
We also will not be liable to You regardless of theory of liability for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to Your access of or Your inability to access The Service or The Content. This exclusion applies even if You told Us about the possibility of these damages or We knew or should have known about the possibility of these damages.
If You are dissatisfied with The Service or have any other complaint, Your exclusive remedy is to stop using The Service. Our maximum liability to you for any claim will not exceed £100.
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond Our reasonable control delays or continues to delay our performance, including:
Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
Strikes, or shortages in transportation, facilities, fuel, energy, labour, or materials;
Failure of the telecommunications or information services infrastructure; and
Hacking, SPAM, or any failure of a computer, server, network, or software.