ELIBRARYA Terms of Service
Thanks for using our products and services. This Elibrarya Service Agreement describes the terms and conditions on which www.elibrarya.com "Elibrarya" offer services to you.Elibrarya is operated by XPIT L.L.C. located at 34 N Franklin Ave Ste 687 #5110 Pinedale, WY 82941 UNITED STATES. By using Elibrarya services, you agree to be bound by the following terms and conditions, please read them carefully:
I. PURPOSE AND DESCRIPTION OF Elibrarya'S SERVICES
Elibrarya lets you download files from the public web using its drives – the drives act as a proxy for you. This means that no data is controlled by us and you must have the legal right to download the content you are accessing through our servers; this site should not be used for any other purpose. If you want to check the legitimacy of the data you wish to fetch with Elibrarya, please contact the relevant content distributors and/or data hosts. This site was created to allow you to download data found on the Web such as articles, books, as well as files hosted in cloud storage services, such as database exports or large media resources.
Elibrarya reserves the right at any time to modify or discontinue, temporarily or permanently, any of the services it provides you with or without notice. You agree that Elibrarya shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of the services (or any part thereof) it provides.
II. ACCEPTANCE OF TERMS
Elibrarya provides the services (defined below) to you subject to the following Terms of Service, which may be updated by us any time without notice to you. You can review the TOS at any time by visiting https://www.Elibrarya.com/terms.
By accessing and using the Elibrarya Services, you accept and agree to be bound by the terms and provisions of the TOS. In addition, when using particular Elibrarya owned or operated services, you and Elibrarya shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified any time. All such guidelines or rules are hereby incorporated by reference into the TOS.
III. YOUR REGISTRATION OBLIGATIONS AND REPRESENTATIONS TO Elibrarya
In regards to your use of the Elibrarya Services, you accept that you are of legal age to form a binding contract and are not a person barred from receiving the Elibrarya Services under the laws of any applicable jurisdiction. You further agree, warrant and covenant that:
(a) you will not use the Elibrarya Services in a way that would: (i) restrict or inhibit any other user from using and enjoying the Elibrarya Services, (ii) be illegal, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws or regulations, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) introduce or propagate a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or any deceptive online marketing, (viii) constitute or contain false or misleading indications of origin or statements of fact; or (ix) violate the Acceptable Use Policies of any service or technology accessed through the Elibrarya Services: (b) that you are at least eighteen (18) years old; (c) you are not barred from receiving any portion of the Elibrarya Services by any applicable law or order; and (d) that all information submitted in connection with your registration is and will remain accurate and complete. Elibrarya is concerned about the safety and privacy of all its users. You agree to notify Ultimate Bundle immediately of any impending or actual breach of security or other event known to you that may negatively affect the Elibrarya Services.
IV. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Elibrarya of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Elibrarya cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.
V. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Elibrarya may establish general practices and limits concerning use of the Elibrarya Services, including without limitation the maximum number of days that files will be stored by the Elibrarya Services, the maximum number of transfers or downloads that may be processed by an account on the Elibrarya Services, the maximum size of any file that may downloaded by an account on the Elibrarya Services, the maximum disk space that will be allocated on Elibrarya's contracted servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Elibrarya Services in a given period of time. You agree that Elibrarya has no responsibility or liability for the deletion or failure to store any files and other communications or other Content maintained or transmitted by the Elibrarya Services. You further acknowledge that Elibrarya reserves the right to modify these general practices and limits from time to time.
VI. Elibrarya'S PROPRIETARY RIGHTS AND TRADEMARK INFORMATION
You acknowledge and agree that the Elibrarya Services and any necessary software used in connection with the Elibrarya Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in any advertisements or information presented to you through the Elibrarya Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Elibrarya or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Elibrarya Services, such Content or the Software, in whole or in part, except if you have purchased the reseller licence.
Elibrarya claims no ownership or control over any Content uploaded, downloaded or displayed by you on or through the Service. You retain all patent, trademark and copyright to any Content you upload, download or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Elibrarya Services, you grant Elibrarya a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Elibrarya Services solely for the purpose of displaying, distributing and promoting the Service or any other Elibrarya Services. This license terminates when such Content is deleted from data networks. Elibrarya reserves the right to syndicate Content submitted, posted or displayed by you on or through the Service and use that Content in connection with other services offered by Elibrarya. You hereby waive all rights to any claim against Ultimate Bundle for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, and rights of attribution in connection with such Content.
You agree that all of Elibrarya’s trademarks, trade names, service marks and other Elibrarya logos and brand features, and product and service names are trademarks and the property of Elibrarya ltd. (the " Elibrarya Marks"). Without (Elibrarya's) prior permission, you agree not to display or use in any manner the Elibrarya Marks.
VII. ACCEPTABLE USE POLICY
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Elibrarya, are entirely responsible for all Content that you upload, download, email, transmit or otherwise make available via the Elibrarya. Elibrarya does not control the Content available via the Elibrarya Services, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Elibrarya Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Elibrarya be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, duplications or any loss or damage of any kind incurred as a result of the use of any Content downloaded, transmitted or otherwise made available via the Elibrarya Services. While Elibrarya requires appropriate member conduct and Content in connection with use of the Elibrarya Services, you understand and agree that you nonetheless may be exposed to inappropriate conduct and/or Content and that you use the Elibrarya Services and the global data networks at your own risk.
You agree to not use the Elibrarya Services to:
(A) upload, download, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(B) harm minors in any way;
(C) impersonate any person or entity, including, but not limited to, Elibrarya itself, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(E) upload, download, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(F) upload, download, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including the right of privacy ("Rights");
(H) upload, download, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(I) interfere with or disrupt the Elibrarya Services or servers or networks connected to or utilized by the Ultimate Bundle Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Elibrarya Services, including using any device, software or routine to bypass robot exclusion headers;
(J) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(K) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
(L) create user accounts by automated means or under false or fraudulent pretenses;
(M) interfere with or disrupt the Elibrarya Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(N) use the Elibrarya Services for anything other than personal non-commercial us, except if you have purchased reseller licence;
(O) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Elibrarya Services (including Content, advertisements, Software and your (Elibrarya ID) except if you have purchased reseller licence;
(R) violate this Policy or run, install, store, transmit or otherwise make available any software, program, product or service that violates this Policy;
(S) violate any specific instructions given by Elibrarya for reasons of health, safety or quality of the Services;
(T) sabotage any computers, machines or networks, or use or control bots, flooding or cloning or data extraction or gathering tools;
(U) attempt to interfere with or deny service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
(V) scan the networks of others for vulnerabilities without authorization;
(W) execute any form of network monitoring (e.g., using a packet sniffer) or otherwise engage in any monitoring or interception of data not intended for you without authorization;
(X) attempt to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
(Y) use any program / script/ command, or send messages of any kind, designed to interfere with a third party customer terminal session, by any means, locally or via the Internet;
(Z) "pharming," that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
(AA) use the Elibrarya Services in excess of any specified bandwidth limitation for your user account or generate excessive server load on the servers providing the Elibrarya Services;
(BB) attempt to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Elibrarya Services;
(CC) make any service, resource or part of the Elibrarya Services available to others without authorization;
(DD) hijack IP space;
(FF) maintain an open mail relay and/or an open proxy;
(GG) use the Services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required;
(HH) be listed on an industry-recognized spam abuse list;
(II) use meta tags or any other "hidden text" utilizing Elibrarya’ name, domain name or trademarks on the Elibrarya Services;
(JJ) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the subparagraphs above; and/or
(KK) do anything which hereinafter will be widely regarded as network abuse.
You acknowledge that Elibrarya or its affiliates or designees may or may not pre-screen Content, but that Elibrarya and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is hosted on the servers to which you are given access via the Elibrarya Services. Without limiting the foregoing, Elibrarya and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Elibrarya, including without limitation information in all other parts of the Elibrarya Services.
You acknowledge, consent and agree that Elibrarya may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce the TOS;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of Elibrarya, its users and the public.
Please be aware that some files may contain adult or mature content. Elibrarya has no control over files content and is unable to provide any content rating. You must be at least 18 years of age to subscribe to Elibrarya Services. You acknowledge that Elibrarya does not pre-screen, control, edit or endorse Content made available through the Elibrarya Services and has no obligation to monitor the Content uploaded via the use of the Elibrarya Services. Through our services, you will have access to and you may at some time or another become exposed to materials that you find offensive. Such materials include sexually explicit text and (encoded) images, pro-religious and anti-religious debate, questionable political views, and hateful speech. Elibrarya expressly disclaims liability for any harm resulting from encountering such material. Moreover, we cannot be and are not responsible for the contents of any of your communications made via the use of the Elibrarya Services. If Elibrarya discovers Content (as hereinafter defined) that does not appear to conform to the Terms of Service, Elibrarya may investigate and determine in good faith and in its sole discretion whether to have the Content removed. Elibrarya will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that Elibrarya has absolutely no control over the Content in global data networks.
You understand that the Elibrarya Services and software embodied within the Elibrarya Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Elibrarya and/or content providers who provide content to the Elibrarya Services. You may not attempt to override or circumvent any of the usage rules embedded into the Elibrarya Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Elibrarya Services, in whole or in part, is strictly prohibited.
VIII. PAYMENTS
(1)Membership
Elibrarya may provide users with free and paid services. Payments can be made on a one-time or regular basis depending on tariffs, selected by the user.
You may cancel your membership at anytime, and cancellations will be effective immediately. You will lose any remaining downloads or access. We do not provide refunds or credits for any membership.
Elibrarya will begin billing your payment method for regular subscription fees corresponding to your subscription plan plus any applicable tax. We reserve the right to modify, terminate or otherwise amend our offered plans or to decease the downloads per month to which you are entitled under a particular plan. Unless otherwise stated differently, your “Billing Cycle” refers respectively to subscription that you chose upon registration.
By starting your Elibrarya membership, you are expressly agreeing that we are authorized to charge you a membership fee for your Billing Cycle, any applicable tax and any other charges you may incur in connection with your use of the Elibrarya Services to the payment method you provided during registration (or to a different payment method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your payment method, where applicable. The membership fee will be billed at the beginning of your membership and on each renewal thereafter unless and until you cancel your membership if regular subscription was chosen. For example, if you became a paying member on January 31st and you chose monthly payment, your payment method would next be billed on February 28th. We may also periodically authorize your card in anticipation of membership. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or prominently at the Elibrarya website. If your Payment Method reaches its expiration date, your continued use of the service beyond that date constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Your Elibrarya membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership at least one day before it renews in order to avoid billing of the next monthly, biannual or annual membership fees to your Payment Method. We will bill the next monthly, biannual or annual membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
(2)Lifetime Access:
In case of Lifetime membership, payment will be made one time only and no payment details will be saved by Elibrarya.
X. (Elibrarya) PRIVACY POLICY
Elibrarya is committed to protecting your privacy when you visit Elibrarya or use its services ("Services") as further outlined in this policy. As a condition of using the Services of Elibrarya, you agree to provide Elibrarya with certain personal information. This information includes, but is not limited to: email address and your computer's unique IP address (if any), financial information (email address used by your Stripe account) and demographic information (e.g., zip code, purchase history information as well as IP addresses that are not unique to your computer). Please note that nowhere on the Site do we knowingly collect contact information or financial information from children under the age of 13. Please review this privacy policy periodically as we may update it from time to time. This privacy policy was last revised on Jan 10, 2022. Each time you visit Elibrarya, use the Services, or provide us with information, you are accepting the practices described in this privacy policy at that time. You agree that by using the Site you are expressly and affirmatively consenting to our use and disclosure of the information that you provide, and consenting to receive emails, as described below in this privacy policy.
This policy may be revised over time as new features are added to the Site or as we incorporate suggestions from our users. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. We will also post a notification that the Privacy Policy has been amended prominently on our Web site so that you can always review what information we gather, how we might use that information, and under which conditions we will disclose it to anyone.
We use contact information i.e. your email address to help us efficiently perform account tasks (changing passwords, retrieving lost passwords), to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with any orders that you have placed with us. No other use of your financial information will be made except to satisfy any law, regulation, governmental request, or judicial order. When you make a purchase through the Site, or register with the Site, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.
You agree, in consideration for the use of the Services provided by Elibrarya, to allow Elibrarya to use your personal information to send you marketing and promotional materials. Elibrarya may also send you marketing and promotional materials that promote third party products. Elibrarya will not rent or sell your personal information for use by third parties. These materials may include, but are not limited to: newsletters providing you with additional information on how to use the Services, and promotional offers for goods and services from Elibrarya or third parties.
Elibrarya may use your demographic information to perform business analyses or to tailor the Site and communications to your interests. We may share anonymous, aggregated demographic information with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. Any time that we are allowed under this privacy policy to share your contact information or financial information, we may also share your demographic information along with it.
Elibrarya may disclose specific contact information when we determine that such disclosure is necessary to comply with law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of (Elibrarya) or other visitors to the site or users of the Services. Also, your contact information may be passed on to a third party in the event of a merger, acquisition, consolidation, divestiture, or a bankruptcy of Elibrarya.
Cookies : A "cookie" is a small file that we save on your computer's hard drive that contains non-personal information. These cookies help to give you faster access to pages you have already visited. They also allow you to personalize your pages, and optimize your experience at our sites. We also use cookies to help us figure out how many people visit our sites, which of our web pages they visit, and how long they stay there. This information helps us figure out which of our web features are highly successful and which sites might need improvement. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. Most browsers accept cookies automatically, but allow you to disable them. Disabling cookies may prevent you from properly using the Services or accessing the site.
Sessions : "Session IDs" allow us to identify a particular user across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if the user's internet browser program does not support cookies then Elibrarya will place the Session ID in the requested web page. This allows the end user to avoid having to continually re-enter certain information such as account name and password for every web page request. This Session ID expires whenever the user closes their internet browser.
Tracking : Many of our web pages also contain special electronic images (called a "single-pixel gif" or "gifs") that allow us to gather only non-personally identifiable traffic statistics and other aggregate information about visitors to our sites. Elibrarya (through itself or third parties) uses this technology to collect and accumulate anonymous data that helps us understand and analyze the experience of people visiting our web sites and, along with other information you provide, customize your future visits and improve our web sites. For example, we capture data on the type of browser used, operating system software (e.g. Windows 95 vs. 98 or Macintosh), cookie preferences (whether the user has them turned on or off), and search engine keywords (what key words did a visitor use to get to our site). We also record number of visits, paths taken, and time spent on sites and pages within Elibrarya's) web sites. Please keep in mind that none of this information is personally identifiable and that we only distribute this information to internal staff at Elibrarya and to partners that have signed confidentiality agreements with us. Any information that we do share with partners reflects overall web site or Internet usage trends, not individual.
IP Address : Each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you. We also use your IP address to restrict the access of your account to broader users.
Storage : You understand and agree that Elibrarya stores and processes your information on computers located in the United Kingdom, and by providing any data to Elibrarya, you consent to the transfer of such information to the United Kingdom. When you a delete a file from your Elibrarya account, no link will remain between you and that file. Deleted files may stay cached in Ultimate Bundle servers to save bandwidth in case other people request them.
XI. CONTRIBUTIONS TO Elibrarya
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Elibrarya through its suggestion or feedback webpages or email addresses, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) (Elibrarya) is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) (Elibrarya) shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) (Elibrarya) may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of (Elibrarya) without any obligation of (Elibrarya) to you; and (f) you are not entitled to any compensation or reimbursement of any kind from (Elibrarya) under any circumstances.
XII. TERMINATION
You may terminate your Elibrarya account and access to the Elibrarya Services by submitting termination request to Elibrarya support. Account termination will be completed after you will get notice about successful termination from Elibrarya.
You agree that Elibrarya may, without prior notice, immediately terminate, limit your access to or suspend your Elibrarya account and access to the Elibrarya Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) a breach or a violation of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Elibrarya Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Elibrarya Services. Elibrarya’s payment policies and subscription information is located at http://Elibrarya.com Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Elibrarya's sole discretion and that Elibrarya shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Ultimate Bundle Services.
Termination of your Elibrarya account includes any or all of the following: (a) removal of access to all or part of the offerings within the Elibrarya Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) deletion of any Content or any part thereof posted by you, and (d) barring of further use of all or part of the Elibrarya Services.
XIII. INDEMNITY
You agree to indemnify and hold Elibrarya and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Elibrarya Services, your use of the Elibrarya Services, your connection to the Elibrarya Services, your connection to the global network, your violation of the TOS, or your violation of any rights of another.
XIV. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Elibrarya through its suggestion or feedback webpages or email addresses, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Elibrarya is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Elibrarya shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Elibrarya may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Elibrarya without any obligation of Elibrarya to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Elibrarya under any circumstances.
You expressly understand and agree that:
(a) your use of the Elibrarya services and software are at your sole risk. the Elibrarya services and software are provided on an "as is" and "as available" basis. Elibrarya and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and licensees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(b) Elibrarya and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and licensees make no warranty that (i) the Elibrarya services or software will meet your requirements; (ii) the Elibrarya services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Elibrarya services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Elibrarya services or software will meet your expectations; (v) that you find the interface developed by the software to be user friendly and (v) any errors in the software will be corrected.
(c) any material downloaded or otherwise obtained through the use of the Elibrarya services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from Elibrarya or through or from the Elibrarya services or software shall create any warranty not expressly stated in the tos.
You expressly understand and agree that Elibrarya and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and licensees shall not be liable to you for any punitive, 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 Elibrarya has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Elibrarya services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Elibrarya services; or (e) any other matter relating to the Elibrarya services.
Unless explicitly stated otherwise, any new features augmenting or enhancing the current Elibrarya Services, including the release of new Elibrarya properties, shall be subject to these TOS. You understand and agree that the Elibrarya Services are provided "AS-IS" and that Elibrarya assumes no responsibility for the timeliness, deletion, mis-delivery or failure to post or store any user communications or personalization settings. You further understand that Elibrarya Services may be interrupted and Elibrarya and the entities providing hosted servers shall not be liable for interruptions. You are responsible for obtaining access to the Elibrarya website and the Elibrarya Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with your subscription to the Elibrarya Services as hereinafter described. In addition, you must provide and are responsible for all equipment necessary to access the Elibrarya Services. You understand that the technical processing and transmission of the Elibrarya Services, including your postings or content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you.
XV. Refunds:
Due to the digital and instant nature of these products, we do not offer refunds or credits for any purchases made.
XVI. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
XVII. NOTICE
Elibrarya may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Elibrarya Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Elibrarya Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Ultimate Bundle Services in an authorized manner.
XVII. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Elibrarya and governs your use of the Elibrarya Services, superseding any prior version of this TOS between you and Elibrarya with respect to the Elibrarya Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Elibrarya Services, affiliate services, third-party content or third-party software.
XVIII. CHOICE OF LAW AND FORUM
You and Elibrarya each agree that the TOS and the relationship between the parties shall be governed by the laws of the jurisdiction of the Republic of Seychelles, without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Elibrarya, shall be brought exclusively in the courts located in the Republic of Seychelles. You and Elibrarya agree to submit to the personal jurisdiction of the courts mentioned above, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Elibrarya to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Elibrarya account is non-transferable and any rights to your Elibrarya ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
XIX. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Elibrarya Services or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.
Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
XX. VIOLATIONS
Please report any violations of the TOS to us here: (https://Elibrarya.com/contact-us)