ব্যবহারবিধি ও নীতিমালা

1. DEFINITIONS OF TERMS. (i)In this License/contract, the following expressions shall have the meaning unless the context otherwise requires have the meanings respectively assigned to them: “License/contract” shall mean this License/contract including all annexes, schedules, and other documents attached herewith and all amendments, supplemental or addendum to this License/contract to be made from time to time. “Term” shall mean the period specified in the License/contract whereby the License/contract is enforceable. The “Work” or the “eBook” shall mean the work created and rightfully owned by the Author, his/her legal heir or any other person or entity duly authorized by the Author, and any other similar content mutually agreed and approved by and between the Parties during the Term of this License/contract. (ii)Words denoting the singular shall also include the plural and vice versa where the context requires. (iii) Words denoting the masculine gender shall also mean to include the feminine gender (iii) The Title of these conditions are of convenience of reference only and shall not be deemed to be part of License/contract or in any way affect the interpretation or construction thereof. (iv) "Digital Content" means digitized electronic content, such as books, newspapers, magazines, journals, music, videos, Apps, blogs, RSS feeds, games, and other static and interactive electronic content."Reading Application" means software (including any updates/upgrades to that software) we make available that permits users to shop for, download, browse, and/or use Digital Content on a supported Device."Service" means the provision of Digital Content, Software, and support and other services that we provide." Software" means the Reading Applications and all software (including any updates/upgrades to that software), and any related documentation that, in either case, we make available to you from time to time for use on a supported Device, but excludes Apps."Supported Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a Reading Application.

2. USE OF SOFTWARE:

2.1. You shall not copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter the Software including, but not limited to, translating or creating derivative works, under any circumstances.

2.2. You shall not separate the Software into its component parts for independent use or remove any proprietary notices and/or labels on or in the Software;

2.3. You shall not use the Software to develop any like software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology;

2.4. You shall not use the Software for any commercial or illegal purpose; and/or use, download and/or install the Software on public Internet terminals, shared devices, and/or public computers without prior written permission from RSL.

2.5. You understand and agree that violation of any of the above restrictions may result in a termination of your ability to access the Software. RSL reserves any and all rights or remedies that may be available in the event of your breach of this Agreement.

2.6. You agree to ensure prevention of other persons from obtaining access to or use of the software without your knowledge and RSL's prior express written permission. With respect to the Software, you acknowledge the uniqueness of such software and that RSL will suffer irreparable harm should you fail to abide by the terms and conditions herein.

2.7. You agree that RSL may, in addition to recovering legal damages, proceed in equity to obtain injunctive relief to enjoin You from violating RSL 's rights in the Software.

2.8. You understand that RSL reserves the right, in its sole discretion (for any reason or for no reason) and at any time without giving notice to you, to modify, suspend, discontinue or terminate the Agreement, Services, Software, and/or Content and/or suspend or terminate your rights under this Agreement to access and/or use the Services, Software and/or Content. You may terminate this Agreement by removing the Software and/or Content and/or discontinuing use of the Services at any time.

2.9. You understand that RSL may modify any of the terms and conditions contained in this Agreement at any time and in RSL’s sole discretion. Changes in Terms and Conditions will be notified to the users via the email address they have provided. Continued use of the software and digital content after the changes in the Terms and Conditions will be considered as an automatic acceptance of the updated Terms and Conditions.

3. USE OF DIGITAL CONTENT:

3.1. RSL grantsyou, i.e. the purchaser a limited, nonexclusive, nontransferable, noncommercial, revocable and personal license to access and use the Digital Content for your reference and information purposes.

3.2 You shall not access digital content distributed by RSL/Sheiboi via any other software or application, except through theSheiboi App.

3.3. You shall not modify, alter, revise or otherwise change any Digital Content.

3.4. You shall not create derivative works from or of any Digital Content.

3.5. You shall not use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content.

3.6. You shall not bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the RSL Site or the Digital Content.

3.7. You shall not move, copy, reproduce, network or otherwise transfer any Digital Content to any other computer or other device or software or application;

3.8. You shall refrain from sharing, lending, leasing, renting, selling, licensing, sublicensing, transferring, networking, reproducing, displaying, distributing, or otherwise making any of the Digital Content available to any other person.

3.9. For the avoidance of doubt, any business organization, or institutions purchasing Digital Content hereunder shall not be allowed to make such Digital Content available to any third party, including their employees, patrons, members or any other person.

3.10.RSL reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from the RSL site, if for example, RSL no longer has the necessary rights or other licenses, consents or permissions to that Digital Content or has otherwise determined to no longer make such Digital Content available. Digital Content already downloaded by you will not be affected.

3.11. Content is in a special format that must be viewed with a special file-reading program i.e.SheiBoi App. You will need to install SheiBoi App from available app store and activate it according to the instructions given in the application prior to downloading any Digital Content.

4. OWNERSHIP OF THE DIGITAL CONTENT:

4.1. All intellectual property rights in the original work shall remain with the Author, and the right for any derogative work, cover design, concepts, digital layout, etc. created by RSL shall be reserved by RSL. No title or license right is granted to you except as expressly set forth in this License. All rights in respect of their respective Intellectual Property Rights (hereinafter referred to as IPRs”) shall be preserved and acknowledged as per law.

4.2.RSL may, in its sole discretion, release subsequent versions and/or updated versions of the Software and require you to use the most current version by releasing an automatic update and/or disabling the previous version. You are advised that the up gradation of the Software may contain bugs which may be corrected by RSL, thereby rendering the old version of the Software incompatible with other software.

4.3 RSL may conduct maintenance on, stop providing, and/or change the method of access to the Services, Software, and/or Content at any time, with or without notice to you. For avoidance of doubt, RSL, in its sole discretion, may temporarily or permanently suspend your access to the Services, Software, and/or Content under this Agreement.

5. DISCLAIMER OF WARRANTIES:

5.1.All digital content is provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, national underwriter, its affiliates and suppliers disclaim all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose, title and non-infringement. Applicable law may not allow the exclusion of implied warranties, so the foregoing exclusion may not apply to you. RSL, its affiliates and suppliers do not warrant that access to the digital content will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that make is available are free of virus or other harmful components.RSL, its affiliates and suppliers do not warrant or make representations regarding the use or the results of the use of any digital content in terms of their correctness, accuracy, reliability, or otherwise. You assume all responsibilities and obligations with respect to the selection of the digital content to achieve your intended results. You assume all responsibilities and obligations with respects to any decisions or advice made or given as a result of the use or application of any digital content, including those to any third party. Under no circumstances shall any digital content be deemed legal or such other professional advice. You are entirely responsible for obtaining your own legal, tax or professional advice or services from a qualified professional.

6. LIMITATION OF LIABILITY:

6.1. Under no circumstances shall RSL or its affiliates or suppliers be liable for indirect, incidental, consequential, punitive, or special damages, including any lost profits or lost savings, whether based in contract or any other legal theory and whether or not such party has been advised of the possibility is such damages, or for any claim by any third party.

7.CONFIDENTIALITY :

7.1. Each party acknowledges that the Software is confidential information RSL which embodies certain valuable proprietary information and trade secrets, and agrees to keep confidential any information of confidential or proprietary nature of any kind including the one relating to the terms of this license/contract and the affairs of business. This clause shall survive the expiry or termination of this License/contract.

8. INDEMNIFICATION:

8.1. You agree to defend, indemnify and hold harmless RSL, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your violation of this License or any other applicable terms or conditions; (ii) your unauthorized use of any Digital Content; (iii) any incomplete or inaccurate information or data provided by you; or (iv) your negligence or willful misconduct. RSL reserves the right, at its discretion, to assume or participate, at your and your organization’s expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without RSL’s prior written consent unless such settlement includes a complete release of RSL from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, RSL.

9. TERMINATION:

9.1. The term of this Agreement ("Term") shall continue indefinitely unless terminated by RSL or You in accordance with the provisions herein.

9.2. This License will terminate immediately without notice from RSL if in RSL’s sole discretion you fail to comply with any term or provision of this license. Upon termination, you must destroy all the Digital Content obtained from this Site.

9.3. RSL reserves the right to take legal action in case of any violation of agreement

10. GOVERNMENT RESTRICTED RIGHTS:

10.1. The Digital Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations and in this License. Use of any Digital Content by the government constitutes acknowledgment of RSL’s or other owner’s proprietary rights in them.

11. REFUND POLICY:

11.1. All purchases are made on sheiboi.com or from sheiboi applications.

11.2. YOU SHOULD PERFORM AN IMMEDIATE CHECK ON THE DIGITAL ITEM YOU HAVE DOWNLOADED AND ENSURE THAT IT IS WORKING COMPATIBLY WITH YOUR DEVICE AND IS OPERATIONAL.

11.3. Please note that we will not refund payment for any digital file that has been downloaded unless we can confirm that the files are corrupted from our servers or that the files are incompatible with your system and we are unable to provide a compatible version.

11.4. Status of downloads are determined automatically through our system. Sheiboi apps pull that purchased books when you click on button "Sync".

11.5. Our products are digital downloads so there are NO RETURNS OR REFUNDS after successful payment and download, with the following exception.

11.5.1. Within 1 day of placing your digital download order through our online store you may request a refund for any digital products (i.e. books) that has not yet been downloaded or files are corrupted from our servers or that the files are incompatible with your system.

11.5.2. We make no representations or warranties that these digital products will meet with individual Purchaser tastes or expectations.

11.8. Contact us via e-mail at support@sheiboi.com or call us our Customer Care: + 880-1847134909 during working hours. We will provide feedback or refund within 7 working days after your written complain.

12. GOVERNING LAW AND GENERAL PROVISIONS:

12.1. This License/contract shall be governed by the laws of Bangladesh. All monetary transactions will be in Taka only. This written License/contract contains all and is the only License/contract, and supersedes any other license/contract, oral, written, or otherwise construed as a prior license/contract between the author and RSL and shall not be appended, changed, modified, word or words added or deleted except by the mutual written license of the parties hereto, and further, the same is and shall be binding upon the respective heirs, executors, administrators, and assigns of the parties respectively.