Sail Live is a website, mobile application, and related services company that provides for the consumption and publication of written and audio-based digital content. These General Terms of Use (the "Terms") set out the terms and conditions by which Sail Live offers you access to use and enjoy sail-live.com (the "Site"), the Sail Live mobile application (the "App"), and all services provided by Sail Live (the "Services").
Sail Live is owned and operated in the Uganda by Sail Global Corp and these terms comprise an agreement between you and Sail Global Corp. For the purposes of these Terms, Sail Global Corp and Sail Live are collectively referred to as “Sail Live.”
The term “Account” refers to a basic Sail Live account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”). The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).
The following General Terms of Use is a legal contract between You, either an individual User or a single entity, and Sail Live regarding Your use of the Site and Apps. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, POSTING, DOWNLOADING FROM, SUBSCRIBING TO, OR USING SAIL LIVE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF SAIL LIVE IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SAIL LIVE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Eligibility
Sail Live is not available to persons under the age of majority in their place of residence or to any Users whose access to Sail Live was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity. BY USING SAIL LIVE, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as Sail Live is not intended for children under 13.
2. Privacy; Additional Terms.
Your privacy is important to us. Our Privacy policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information on how we collect, use, and disclose Your personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
The Subscriber Agreement, General Uploader Agreement, and Membership Agreement are also hereby incorporated into these Terms by reference.
3. Individual Features and Services.
When using Sail Live, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Subscription.
Sail Live offers access to premium and exclusive content by means of a Subscription. A Subscription entitles You to access an unlimited number of all content and services of Sail Live during the subscription period. Your access to the applicable content and related purchase transaction are subject to the Subscriber Agreement.
5. Modification of these Terms and Services.
Sail Live reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices, including the Subscriber Agreement, General Uploader Agreement, the Prohibited Activity and Content Notice, and the Giftcard/Gift Membership Terms and Conditions at any time. If we do so, we will inform You either by posting the modified Terms here or through other communications. Your continued use of Sail Live after the posting of changes constitutes Your binding acceptance of such changes. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
6. Digital Millennium Copyright Act
Sail Live respects copyright law and expects its users to do the same. It is Sail Live’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Sail Live’s copyright-related policies and procedures are further described at the Copyright Resource Center.
7. Sail Live License Grant.
7.1. License Grant to Sail Live Mobile App
Subject to Your compliance with these Terms, Sail Live grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Sail Live reserves all rights in and to the App not expressly granted to You under these Terms.
7.2. License Grant to Download
Subject to Your compliance with the terms and conditions set out in these Terms, Sail Live hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Sail Live may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this section 7.2 does not include Subscription Content (as defined in the Subscriber Agreement). Please see the Subscriber Agreement for applicable terms.
7.3. Reservation of Rights
Sail Live reserves all rights not expressly granted in these Terms.
7.4. Prevention of Unauthorized Use
Sail Live reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.
8. Content Disclaimer.
You understand that when using Sail Live You will be exposed to content from a variety of sources, and that Sail Live is not responsible for the accuracy, usefulness, or intellectual property rights of, or relating to, such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Sail Live with respect thereto.
Sail Live does not endorse any content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with such content. If notified of content that allegedly does not conform to these Terms, Sail Live may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. Sail Live does not permit copyright infringing activities.
9. Prohibited Conduct.
It is our goal to create an experience where anyone can read or listen to books in a comfortable and safe environment. We have developed rules that are designed to help achieve this goal. In addition to the general rules below, additional restrictions are enumerated in the Prohibited Activity and Content Notice.
BY USING SAIL LIVE YOU AGREE NOT TO:
9.1 use Sail Live for any purpose other than to receive original or appropriately licensed content, to add Descriptive Information, and/or to access Sail Live as such Services are offered by Sail Live (“Descriptive Information” refers to the corresponding title and description of User Content posted by Users along with such content);
9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
9.3 post, upload, or distribute any defamatory, libelous, or inaccurate content and/or Descriptive Information;
9.4 post, upload, or distribute any content or Descriptive Information that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Sail Live, or perform any other similar fraudulent activity;
9.6 Delete the copyright or other proprietary rights notices on Sail Live or associated with any content available via Sail Live;
9.7 Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Sail Live. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
9.8 Use Sail Live for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
9.9 Defame, harass, abuse, threaten or defraud Users of Sail Live, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.10 Use Sail Live if You are under the age of thirteen (13) years old;
9.11 Remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, or sharing of any content accessible through Sail Live, or features that enforce limitations on the use of Sail Live or any content available via Sail Live;
9.12 Reverse engineer, decompile, disassemble or otherwise attempt to discover Sail Live’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.13 Modify, adapt, translate or create derivative works based upon Sail Live or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.14 Intentionally interfere with or damage the operation of Sail Live or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9.15 Use any robot, spider, scraper, or other automated means to access Sail Live for any purpose or bypass any measures Sail Live may use to prevent or restrict access;
9.16 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Sail Live;
9.17 Interfere with or disrupt servers or networks related to the operation Sail Live, or disobey any requirements, procedures, policies or regulations of networks connected to Sail Live; or
9.18 Post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other content that in Sail Live’s sole opinion detracts from the Sail Live experience.
10. Account
It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. If You have reason to believe that Your Account is no longer accurate or secure, then You agree to immediately notify Sail Live by emailing support@sail-live.com.
11.Third-Party Sites, Products and Services; Links.
Sail Live may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Sail Live, Sail Live does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through Sail Live are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.