Continuous iOS application and services are provided by Sandya Leelarathne. (referred to as "me", "I", "Continuous iOS application" herein). Please read these Terms of Service and our Privacy Policy (collectively, the "Agreement") carefully before using the Continuous iOS app application or website located at www.paddyviewfoundry.com and/or the other domains, mobile apps, products, services, and/or content provided by me. (all of those collectively referred to as the "Services").
By using or accessing the Services or using the Service you ("User" or "you") agree to become bound by all the terms and conditions of this Agreement. If you disagree with any part of the terms then you do not have permission to access the Service. Use of our Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement.
The Services offered from time to time by me in connection therewith are owned and operated by me. Subject to the terms and conditions of this Agreement, I may offer to provide certain services, as described more fully on the Website, and that have been selected by you, solely for your own use, and not for the use or benefit of any third party. I may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. I may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. I reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website and/or Application. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
I authorize you, subject to these Terms, to access and use our Services, as defined below, solely for your personal use of the Services, and may not be used for any commercial or other purposes. This license is revocable by me at any time without notice and with or without cause.
In accordance with our Privacy Policy, I also communicate with you when necessary regarding security, privacy and administrative issues.
You may not use the Services and you may not accept the Terms if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. I do not knowingly allow the use of our Services by children under 13.
My Services, and their contents, are intended solely for the use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed through the Services (including, but not limited to text, graphics, articles, photographs, images, and illustrations, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person or company from which such content originated and that I will not be liable for any errors or omissions in any content. You understand that I cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, I cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will I be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
The Services may contain links to third party websites, apps or services ("Third Party Services") that are not owned or controlled by me, or the Services may be accessible by logging in through a Third Party Service, as described more fully in our Privacy Policy. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. I have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, I will not and cannot monitor, verify, censor or edit the content of any Third Party Service.
By using the Services, you expressly relieve and hold harmless me from any and all liability arising from your use of any Third Party Service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that I am under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release me, my officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Company; (v) restricts or inhibits any other user from using and enjoying the Services or Content; (vi) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR ANY CONTENT YOU SUBMIT, CONTRIBUTE, SHARE OR OTHERWISE CAUSE TO BE TRANSMITTED THROUGH THE SERVICES, AND YOU, NOT ME, HAVE FULL RESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACY AND APPROPRIATENESS.
I AM NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS PROVIDED BY YOU OR ANY OTHER USER OF THE SERVICES, INCLUDING THE CONTINUOUS iOS APPLICATION.
For information regarding my treatment of personally identifiable information, please review my current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by my Privacy Policy.
I may modify, terminate, suspend, or otherwise adjust functions or features, without prior notice.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. I may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. I may also terminate or suspend any and all Services and access to the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Application, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
You expressly understand and agree that I and my affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, 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 we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from or as a result of our Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our Services; or (v) any other matter relating to me or my Services. 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 in this paragraph may not apply to you.
I am not liable for anything that happens to you that somehow may be connected to your use of our Services. If you use my Services in a way that causes us to be included in litigation, you agree to pay all legal fees and costs I incur.
You further agree and understand that I have no liability for the loss of any information you may chose to store in your Instagram account used to register for our Services or that you transmit or cause to be transmitted through use of the Continuous iOS Application, in the event your computer or mobile device is sold, lost or stolen.
You agree to indemnify and hold me and my subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of my Services.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Repost cannot remove or edit material posted or reposted on Instagram. As such, concerns and complaints regarding copyrighted material should be reported to Instagram in accordance with Instagram's Terms of Use.
If you have any questions, complaints or claims with respect to my Services, you may contact me at sandya.leelarathne@gmail.com