EFFECTIVE AS ON 5th OCTOBER 2018
Welcome to MyLOFT, the website and online service of Eclat Engg. Pvt. Ltd. (Hereinafter referred to as “MyLOFT” “we,” or “our“) which facilitates software application, supporting files and accompanying documentation (referred to collectively herein as the “MyLOFT” application”) is provided solely for private, educational, personal, scientific, or research purposes to access, browse, view, display, search, download and share digital content.
These terms and conditions explain the terms by which User may use our service. By accessing or using the MyLOFT services, website and software provided through or in connection with the service (“Service“). These terms are a legally binding agreement between the User and MyLOFT and all users of the site must abide by them. If User does not agree to these terms, User should cease using or attempting to access the site, Application content and digital service.
1. TERM OF USE:
- MyLOFT App (“App“) facilitates User to read, listen to journals, books, periodicals, Essay ,Blogs,write ups (“MyLOFT Content”) (or any digital content) to make optimum utlisation of the resources. Subject to the terms and conditions of this agreement, MyLOFT grants User permission to use the Service for personal, non-commercial purposes only.
- User may use MyLOFT Applications only on Supported Devices that are compatible with the software. As part of the Service, in order to access the Application Content now or in the future, User may be required to download, install and run certain software, and updates and upgrades thereto, owned or controlled by MyLOFT and/or its service provider(s). Such software shall be governed by the accompanying software or end-user license agreement, and User shall comply with the terms thereof, the terms of which are incorporated herein.
2. FEATURES OF MyLOFT SERVICES:
MyLOFT enables sophisticated tools that offer the User a user friendly use of the services:
- Download MyLOFT Content: Upon download or access of MyLOFT content and payment of any applicable fees (including applicable taxes), MyLOFT grants User a non-exclusive right to view, use, and display such an unlimited number of times, (for Subscription Content, only as long as user remains an active member of the underlying membership or subscription program), solely through MyLOFT Application or as otherwise permitted as part of the Service.
- Storing the data: User can create backs up to the cloud certain data on Users device, including account settings, bookmarks, search history, MyLOFT content subscribed by the User, so that User can access and restore that data later.User can access the dowonload content anytime even when the User cannot access the internet or in Airplane mode.
- Follow RSS Feed: MyLOFT provides User to access MyLOFT content and to subscribe the same. This subscription shall facilitate User to personal notifications in case there is any updated for any new content that is added or any change in the content subscribed by the User.
- Manage User Content: User can easily share content with other Users of MyLOFT Application for making the learning process easier and more convenient.
- Highlight Content: Users can for its own convenience highlights content so available from MyLOFT, so the User can always have them on-hand for ready reference.
- TAG and Bookmark Content: The User may TAG Bookmark manage content as per the requirements of the User.
- Universal Search: The User may browse and access content via the Universal Search (example a Google Search, Summons Search, Google Scholar Search)
3. INFORMATION THAT MYLOFT COLLECTS AND INFORMATION USED:
MyLOFT during the term of this Agreement may collect and store with the User the following information:
- Login Information:MyLOFT may at the time of Login collect information restrict to (a) Name of the User (b) Gender (c) University name (d) Geographical Location (e) Subject/Subjects of Interest. (f) Email Address.
Users can also Login using Gmail / Facebook, email address, to log in to and create a MyLOFT User account. MyLOFT also uses these credentials to contact the User.
- Geographical Location:MyLOFT may collect, use or store the location of User mobile device.
- Other Information:The Services may collect anonymous information relating to the performance of MyLOFT.MyLOFT Applications may use Google Analytics, a web analytics service provided by Google, Inc. Google will use this information for the purpose of evaluating Users use of MyLOFT Applications, compiling reports on MyLOFT Applications activity and providing other services relating to MyLOFT Applications activity and internet activity in connection with the use of the MyLOFT Applications. We use this information in order to improve our applications and services.
- My LOFT Services:MyLOFT collects and store other information that may include, but not restricted to any information Service, such as Users saved articles (PDF or HTML or any other format), Users reading position in a saved article (PDF or HTML or any other format), Users bookmarks, Users library and library identifier, Users Subjects of Interests.
4. PURCHASE TERMS:
- MyLOFT may provide access to a variety of resources these fees and charges and in the event, the User may elect to use paid resources of MyLOFT Service, User agrees to the pricing, payment and billing policies applicable to such fees and charges, posted by MyLOFT. MyLOFT may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion.
- MyLOFT shall provide each subscriber a usage limit to download up to 1 GB of data at the rates prescribed as under:
DATA USAGE LIMIT RATE 1 GB 1 US Dollar / GB
Any Usage over and above this 1 GB limit shall carry an extra charge as may be applied by MyLOFT. The User is required to contact MyLOFT for any such additional subscription charges.
- User understands and agrees that the User shall make payment in any mode acceptable to MyLOFT.
- MyLOFT reserves the right to cancel Users Account at any time; however, there are no refunds for cancellation.MyLOFT reserves the right to terminate this Agreement and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to Use.
- User understands and agree that User shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the MyLOFTService, any content or data associated with Users MyLOFT Account, or for anything else. User acknowledges that MyLOFT has the perpetual and irrevocable right to delete any or all of User content and data from MyLOFT’s servers and from MyLOFT’s Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind.
5. RETURN POLICY:
MyLOFT does not refund or return any subscription that has been purchased unless the transaction was the result of a fraudulent purchase.
6. ACCOUNT AND PASSWORD:
- While creating an account with MyLOFT. The User must provide information that is accurate, complete, and current at all times. MyLOFT reserves the right to terminate the account if MyLOFT is of the opinion that the information is not accurate.
- The User is responsible for safeguarding the password that the User uses to access the Service and for any activities or actions password, whether User password is with our Service or a third party service.
- MyLOFT encourages the User to use “strong” passwords (A minimum of 8 (eight); Password must contain One special character, One digit and One Capital Letter.). The User will not be liable for any loss or damage arising from Users failure to comply with the above.
- User agrees not to disclose password to any third party. The User must notify MyLOFT immediately upon becoming aware of any breach of security or unauthorized use of User account.
7. USER RESTRICTION TO DOWNLOADED CONTENT:
- MyLOFT may in its sole discretion, make available for User to download to an Authorized Device. If User chooses to download the Content, User may store and use such Download Content on an Authorized Device in accordance with these Terms.
- Users shall not access, use such Download Content upon or after the expiration of the Use Period and acknowledge that any expired Download Content will be automatically deleted from User Library/School/ hard drive without further notice to you.
8. RESTRICTED USAGE:
- User agrees not to engage in any of the following prohibited activities:
- Copying, distributing or disclosing, any part of the Service in any medium, including without limitation by any automated or non-automated.
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- Uploading invalid data, viruses, worms, or other software agents through the Service;
- Collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Use the Site, Site Content or Service to violate any legal right of any third party, including, without limitation, any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortuous, threatening, harmful or otherwise objectionable;
9. INTELLECTUAL PROPERTY RIGHTS OF THE POLICY:
- User agrees and acknowledges that any necessary software used in connection with the Application and any content available on the Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by MyLOFT or applicable third party service providers or advertisers, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Application, the software or Content available on the Application (other than Content that User may submit), in whole or in part.
- MyLOFT grants User a personal, non-transferable and non-exclusive right and license to access and use the Application; provided that User does not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Application. User agrees not to access the application by any means other than through the interface that is provided by MyLOFT for use in accessing the Application The term “MyLOFT”, the logo of MyLOFT and other MyLOFT logos and product and service names are the exclusive trademarks of, and are owned by, MyLOFT and User may not use or display such trademarks in any manner without MyLOFT’s prior written permission. Any third party trademarks or service marks displayed on the Application are the property of their respective owners. MyLOFT reserves all rights not expressly granted hereunder.
- Use any meta tags or any other “hidden text” utilizing MyLOFT’s name or trademarks;
- Use the Site or Service to invade the privacy of, or obtain personal information about, any other user of the Site.Interrupt, or attempt to interrupt, the operation of the Site or Service in any way; or
- Permit unauthorized individuals to use or access the Site, Site Content or Service
10. CLAIMS ON COPYRIGHT POLICY:
- User shall not use or exploit any portion of the Site, Site Content or Service, and any such usage or exploitation shall constitute an act of copyright infringement and
- User shall not, by way of example, without limitation, take any of the following actions without the prior written authorization of MyLOFT which authorization shall be granted in MyLOFT’s sole discretion:
- Copy, reproduce, sublicense, alter, adapt, transmit (including, without limitation, pursuant to a remote listening device), publicly perform or display, distribute, customize, modify, translate, reverse engineer, decompile, disassemble, create derivative works based upon, add to or delete from the Site or Site Content.
- Sell, rent, lease, transfer or otherwise assign any rights to the Site, Site Content or Service to any third party;
- Publicly display, link, frame or forward any web address to the Site or any portion thereof;
- Copy or paste the Site Content or any portion thereof to any other website or web page.
- Remove any proprietary notices or yabels on the Site or Site Content.
- Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.
- Use the Site, Site Content or Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
11. LINKING OF OTHER WEBSITES:
- The User may not link to the Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other website or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that recorded contents or other parties involved in creating, producing, or delivering the Site may monitor or review any links to the Site, MyLOFT and such parties assume no responsibility or liability which may arise from the content thereof.
- Although the Application may link to other websites (“External Sites”), MyLOFT is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By entering MyLOFT, User acknowledge and agree that MyLOFT has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk.
- The Site may contain information or advertising for third parties. MyLOFT expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site. MyLOFT shall not be deemed to have considered, reviewed, screened or approved any such third party communication.
12. ENTIRE AGREEMENT/SEVERABILITY:
This Agreement, together with any other other terms User agrees to in connection with the Users use of the service, shall constitute the entire agreement between User and MyLOFT concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
By using this service you thereby indemnify MyLOFT, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. User shall also indemnify and keep indemnified MyLOFT from and against all loss, damage, or liability suffered by it as a result of the User’s acts or omission. User also agrees to indemnify MyLOFT for all claim and demands from third parties as a result of its acts.
14. LIMITATION OF LIABILITY:
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MyLOFT, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MyLOFT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
- MyLOFT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MYLOFT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT USER PAID TO MYLFOT HEREUNDER.
- User should not breach any portion of these Terms, in addition to any other rights of the parties set forth herein, MyLOFT may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice, even if User Library/School/Institution continues to offer access to the services of MyLOFT Content and Service to its other members or representatives.
- If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, MyLOFT reserves the right to refuse to provide other services to User in the future, even if User Library/School/Company subscribes to such services and offers the benefits of such subscription to its other members or representatives.
16. FORCE MAJEURE:
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
- SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF SERVIVES FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
18. DISPUTE RESOLUTION:
Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996.The Arbitral Tribunal shall be composed of one Arbitrator appointed byMyLOFT. The place of Arbitration shall be at Ahmedabad, Gujarat (INDIA). The Arbitral procedure shall be conducted in English language and the award or awards shall be rendered in English. The procedural law of the Arbitration shall be Indian law. The award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian law, and the Agreement shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat (INDIA).
MyLOFT reserves the right to change or modify these terms at any time without notice to the User or by making these revised terms available through the site or at https://app.myloft.xyz/ It is the User’s obligation to review changes in these terms, and User agrees that Users continued use of the site, site content and/or service after the posting of any revised terms constitutes the User agrees to be bound by any such revised terms. User’s sole and exclusive right with respect to any dissatisfaction with any modifications to these terms and/or the site, site content and/or service is to not use or cease using the site, site content and service.
IN CASE OF ANY QUERIES USER MAY CONTACT MyLOFT IN CASE OF ANY QUERIES/ CLAIMS RELATING TO MyLOFT SERVICES AT :
Email id: [firstname.lastname@example.org]