Welcome to sunseaskis.com, a website where you can learn from the sailing adventures of a team of passionate sailors from Bangladesh. This website is owned and operated by Sun Sea Skis Ltd. (“we”, “us”, or “our”).
These Terms of Use (“Terms”) govern your access and use of our website, products, and services (collectively, the “Services”). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not use our Services.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make any changes to these Terms, we will notify you by posting the updated Terms on our website and/or by email. Your continued use of our Services after we post any changes will constitute your acceptance of such changes. We encourage you to review these Terms periodically for updates.
1. Eligibility
You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you are 13 years of age or older and that you have the legal capacity to enter into a binding agreement with us.
2. License and Restrictions
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal and non-commercial use only, subject to these Terms and in compliance with all applicable laws, rules, and regulations.
You may not:
- Copy, modify, distribute, sell, lease, rent, sublicense, or otherwise exploit any part of our Services or any content available through our Services, except as expressly permitted by us;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of our Services or any content available through our Services;
- Remove, alter, or obscure any trademark, copyright, or other proprietary notice on any part of our Services or any content available through our Services;
- Use any robot, spider, crawler, scraper, or other automated means to access or use our Services or any content available through our Services;
- Interfere with or disrupt the operation of our Services or any content available through our Services;
- Violate the rights of any third party, including their privacy and intellectual property rights;
- Post, upload, transmit, or distribute any content that is unlawful, harmful, abusive, defamatory, obscene, vulgar, hateful, harassing, threatening, invasive of privacy or publicity rights,
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Engage in any fraudulent or illegal activity or encourage others to do so.
We reserve the right to terminate your access and use of our Services at any time and for any reason without notice or liability.
3. User Content
Our Services may allow you to post, upload, transmit, or distribute content such as text, images, videos, audio, or other materials (“User Content”). You are solely responsible for your User Content and the consequences of posting, uploading, transmitting, or distributing it.
By posting, uploading, transmitting, or distributing User Content through our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute perform and display your User Content in connection with our Services and for any purpose related to our business.
You represent and warrant that:
- You own or have the necessary rights and permissions to post, upload, transmit, or distribute your User Content;
- Your User Content does not infringe or violate the rights of any third party, including their privacy and intellectual property rights;
- Your User Content complies with these Terms and all applicable laws, rules, and regulations.
We do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any User Content posted by you or other users.
We do not monitor, control, or moderate User Content.
We reserve the right to remove or modify User Content at any time and for any reason without notice or liability.
4. Third-Party Links
Our Services may contain links to third-party websites or resources that are not owned or controlled by us. These links are provided for your convenience only and do not imply any endorsement, affiliation, or sponsorship by us.
We are not responsible for the content, privacy practices, or terms of use of any third-party websites or resources.
You access and use them at your own risk and subject to their terms and conditions.
5. Disclaimer of Warranties
Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.
We do not warrant that:
- Our Services will meet your requirements or expectations;
- Our Services will be uninterrupted, timely, secure, or error-free;
- Any errors or defects in our Services will be corrected;
- Any content available through our Services will be accurate, complete, reliable, or current; or
- Your use of our Services will be safe, legal, or free from viruses, malware, or other harmful components.
You acknowledge and agree that your access and use of our Services is at your own risk and discretion and that you are solely responsible for any damage or loss that may result from such access and use.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
6. Limitation of Liability
To the fullest extent permitted by law, we (including our affiliates, directors officers employees agents contractors licensors, and partners) will not be liable for any direct indirect incidental special consequential punitive, or exemplary damages arising out of or in connection with your access and use of or inability to access and use our Services or any content available through our Services including but not limited to damages for loss of profits revenue data goodwill or other intangible losses.
This limitation applies regardless of whether the damages are based on contract tort negligence strict liability or any other legal theory and whether we have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you.
7. Indemnification
You agree to indemnify, defend, and hold harmless us (including our affiliates, directors officers employees agents contractors licensors, and partners) from and against any claims liabilities damages losses costs expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your access and use of or inability to access and use our Services;
- Your violation of these Terms;
- Your violation of any rights of a third party;
- Your User Content;
- Any dispute between you and another user;
- Any fraudulent or illegal activity;
- Any negligence or willful misconduct by you.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any claim without our prior written consent.
8. Governing Law and Dispute Resolution
These Terms are governed by the laws of Bangladesh without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in the Dhaka City Corporation Area.
You agree not to bring any legal action against us in any jurisdiction other than Dhaka City Corporation Area. You waive any objection to such jurisdiction on the grounds of venue or forum non conveniens.
9. General Provisions
These Terms constitute the entire agreement between you and us regarding your access and use of our Services. These Terms supersede all prior agreements between you and us relating to your access and use of our Services.
Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision under these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice. You agree that we may send you notices by email, text message, push notification, pop-up window, banner notice, on-screen message, in-app message, messaging service, social media platform, and/or postal mail.
You agree that we may update these Terms from time to time by posting them on our website. You agree that your continued access and use of our Services after we post updated Terms constitutes your acceptance of such updated Terms.
You agree that nothing in these Terms creates an agency, joint venture, personal relationship, fiduciary duty, trustee-beneficiary relationship, bailment relationship, custodial relationship, collaboration relationship, sponsorship relationship, endowment relationship, donation relationship, gift relationship, sale relationship, or any other relationship between you and us.
If you have any questions or comments about these Terms, please contact us at saiful@sunseaskis.com.
Thank you for using our Services. We hope you enjoy sailing with us!