Terms and Conditions
ACCEPTANCE OF TERMS OF USE
These "Terms of Use" govern your use of the Leaping Windows website hereinafter referred to as "Service". The Service is owned and operated by Leaping Windows and its promoters (hereinafter referred to as "Leaping Windows”) and is offered to you (hereinafter referred to as "Member") as per your agreement with and acceptance of this document (hereinafter referred to as "Membership"). By clicking the box entitled "I Have Read And Accept The Terms of Use" as part of the registration process, Members accept all items in the Terms of Use and agree to abide by and be legally bound by the Terms of Use. By browsing, visiting and using the Leaping Windows website, you accept and agree to abide by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Leaping Windows website. These Terms of Use are an ongoing contract between you and Leaping Windows and apply to your use of the Leaping Windows service and website. These Terms of Use affect your rights and you should read them carefully.
CHANGES TO THE TERMS OF USE
Leaping Windows, reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Leaping Windows Website. The most current version of the Terms of Use will supersede all previous versions. Your use of the Leaping Windows Website or continued use of our service after changes are made means that you agree to be bound by such changes.
COMMUNITY
The contents provided on or through this Site are solely for information purposes and do not substitute for specific advice whether investment, legal, taxation or otherwise and are not intended to provide you with any nature of certification, guarantee or warranty. By accessing, browsing and using this Site, you agree and acknowledge that you understand this limited and restricted use and agree that you would not rely on the information and materials contained in this Site for any purposes except as Leaping Windows intended or specified under this Agreement. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements and consequences thereof. Leaping Windows disclaims all liability for damages caused by use of Content on the Site.
DEFINITIONS
"Contents" or "Content" shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Site. Contents shall also include any e-mail, messages, e-cards, photographs, videos or any other information furnished by a user to be displayed on the Site by Leaping Windows.
"Site" shall mean the internet site identified generally by the URL www.leapingwindows.com and all pages linked to that URL which pages are posted and operated by Leaping Windows.
REPRESENTATIONS AND WARRANTIES
Leaping Windows or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this Site. The information from or through this Site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Site or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed.
Leaping Windows and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
YOUR CONDUCT
You may post your reviews or comments; and submit suggestions, ideas, questions, or other information, so long as the Contents are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Contents. However, you acknowledge that Leaping Windows does not pre-screen the Content, but that Leaping Windows and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Site.
You understand that all Contents, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Leaping Windows, are entirely responsible for all Content that you have provided Leaping Windows with in order to upload, post, transmit or otherwise make available via the Site.
You expressly agree not to use the Site to: (i) harm any user in any manner either directly or indirectly; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Site; (iii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges or "stalk" or in any other manner harass another user; (iv) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (v) upload or transmit any material that is deemed derogatory with respect to the name, services or Contents relating to or provided by Leaping Windows; (vi) intentionally or unintentionally violate any applicable local, state, national or international laws;
You expressly represent and warrant that: (i) you are capable to use this Site in accordance with all terms and conditions herein in relation to the access and use of this Site and the services provided therein; and (ii) all information supplied by you in any correspondences or any other documentation to Seventymm® is true, current complete and accurate. You expressly agree that this clause shall survive any termination of this Agreement.
LINKS TO OTHER WEBSITES
This Site may contain hyperlinks to websites operated by parties other than Leaping Windows. The inclusion of hyperlinks to such websites does not imply Leaping Windows' certification or endorsement of such websites nor any association with their operators. Leaping Windows or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the Site. You shall be solely responsible for any or all the consequences that arise out of your use of such hyperlinks to websites.
INTELLECTUAL PROPERTY
All text, graphics, audio, design and other works on the Site are the copyrighted works of Leaping Windows unless otherwise indicated. Content on the Site is for personal use only. Any alteration of the material or use of the material contained in the Site for any commercial purpose is a violation of the copyright of Leaping Windows and/or its affiliates or associates or of its third-party information providers. The Content available on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from Leaping Windows. All responsibility and liability for any damages caused by downloading of any data is disclaimed.
LICENSE AND SITE ACCESS
Leaping Windows grants you a "limited non-exclusive license" to access and make personal (non commercial) use of this Site for informational purposes and not to modify either the whole or any portion of the Site.
The license shall not include: (i) any resale or commercial use of this Site or its Contents; or (ii) any derivative use of this Site or its Contents;
You, your partners, your employees, your agents or any other person associated with you personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Site to any other entity or individual. No Contents or information on the Site may be reproduced in any form or incorporated into any internet web-site or any other information retrieval system, either electronic or mechanical. It is a condition of your use of this Site that you do not restrict or inhibit any other user from using this Site.
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Leaping Windows and/or our affiliates without the express written consent of Leaping Windows. You may not use any meta tags or any other "hidden text" utilizing Leaping Windows’ name or trademarks without the express written consent of Leaping Windows. Any unauthorized use terminates the permission and the license granted by Leaping Windows under this Agreement to you.
MODIFICATION ON THE SITE
Leaping Windows reserves the right to modify, suspend/cancel, or discontinue any or all sections, or service at any time without notice. Leaping Windows reserves the right to make modifications and alterations in the information contained on the Site without notice. You agree that Leaping Windows shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Site.
From time to time Leaping Windows may supplement its terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.
LOGIN OPTION
The Leaping Windows Members login (if any) is for the reference of only registered Leaping Windows Member. Leaping Windows reserves the right to discontinue the member Login on account of violation of this Agreement or any "Code of Conduct" set by Leaping Windows. Leaping Windows reserves the right to take all measures necessary to prevent access to any Content or portion of the Site or terminate access to the Site if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right.
DISCLAIMER
Leaping Windows makes no warranties or representations as to the contents of this Site and Leaping Windows assumes no liability or responsibility for any errors or omissions in the content on the Site. The contents are provided "as is" and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Leaping Windows further makes no representation or warranty that any files, links or pointers available through this Site will be free of viruses or other codes that contain contaminating or destructive properties. To the fullest extent permissible pursuant to the applicable law, Leaping Windows disclaims all warranties, express or implied.
Leaping Windows makes no warranty that (i) the information will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any information obtained by you through the site will meet your expectations, and (v) any errors in the software will be corrected. Any material, contents or information downloaded or otherwise obtained from the Site is subject to this agreement and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Leaping Windows is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall Leaping Windows be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
LIMITATION OF LIABILITY
Neither Leaping Windows nor its affiliates, employees, agents or consultants shall in any event be liable for any indirect, incidental or consequential damages such as, but not limited to, loss of business information, loss of goodwill, business interruption or loss of anticipated profits or benefits resulting from use of the Site or any part or whole of the content or arising out of any breach of warranty even if Leaping Windows or its affiliates, employees, agents or consultants have been advised of the possibility of such damages.
Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on Leaping Windows information, from inability to use Leaping Windows information, or from the interruption, suspension, or termination of access to the content or Site (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute content, loss of goodwill, loss of profits, or loss of data. Such limitation shall further apply with respect to the performance or non-performance of Leaping Windows or any information that appears on, or is linked or related in any way to, the Site provided thereunder. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
INDEMNIFY
You agree to indemnify and hold Leaping Windows and its affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Contents you submit, e-mail, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another user of this Site.
ACKNOWLEDGEMENT
The disclaimer and limited liability of Leaping Windows as set out in this Agreement are fundamental elements of the basis of the bargain for the Content and access to the Site. You agree that Leaping Windows would not otherwise be able to offer the Content or the Site on its present basis without such limitations. This clause shall survive any termination of this Agreement.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
SEVERABILITY
Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions of this Agreement; and (iii) not affect the validity of that provision in any other jurisdiction.
GOVERNING LAW AND JURISDICTION
All legal proceedings shall be subject to the jurisdiction of the courts in Mumbai, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Mumbai, India.
RELATIONSHIP
This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between you and Leaping Windows.
LIBRARY
The Leaping Windows library currently operates only within Mumbai city limits. It works on a simple system. You choose the book you want to read, place the order, we deliver it to you within twenty four hours. When you are done, simply place a pick-up order online and we will pick the book up from you (and deliver your new book if you have placed another order). You register a permanent address but you are free to give us a delivery/ pick-up address elsewhere. The number of books you can rent in a month are unlimited but you can only borrow them one at a time.
MEMBERSHIP PLANS
Right now, we have 3 membership plans for our members.
| Plan Name | Duration | Registration Fees | Monthly Fees | Total | You Save |
|---|---|---|---|---|---|
| Quick Fix | 3 Months | Rs. 300 | Rs. 1500 | Rs.1800 | Nothing |
| By Halves | 6 Months | Rs. 300 | Rs. 2500 | Rs. 2800 | Rs. 500 |
| Long Haul | 12 Months | Rs. 300 | Rs. 4500 | Rs. 4800 | Rs. 1500 |
AVAILABILITY OF BOOKS
In the book catalogue you can check the availability of the book you want. If it is available (red symbol below the book means its unavailable and green symbol means available), you can put it in your cart. When you are done selecting your book, go to the 'borrow tab', confirm your order and choose your delivery option.
WISHLIST
Books that you wish to read can be placed into your own Wishlist. You may add books or adjust the Wishlist at any time. The Wishlist is for ease of reference on the status of the books that a Member wishes to read.
DELIVERY AND PICK-UP
Your book will be delivered to you or picked up from you within 24 hours of your order being placed. Our pick-up and delivery hours are between 10.30am – 8 pm, 6 days a week, Monday through Saturday (except public holidays).You can specify a pick-up or delivery date in advance according to your convenience as well. Please choose a location where you will be there or someone else can receive or return it on your behalf. It may be noted that Sundays' shall be observed as delivery holidays. We make no guarantee as to the shipping and delivery of books and may in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the library and your delivery address, (ii) delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Under no circumstances shall Leaping Windows be held liable for any delay in delivery.
DUE DATE
The borrowing period of a book is written underneath each comic. We request that you return books on time or renew them for an additional period. If you make it a habit of returning books late even after reminders, we’re going to charge you a fine, as specified below. Your due date will be calculated from you the day you receive the actual book. You can renew a book by clicking on the ‘renew’ button on your My Page. Only one renewal per book is allowed if the book is on a Wishlist. Otherwise, you can renew the book as many times as you want as long as your membership is still valid. We will send you a reminder three days prior to the expiry of the borrowing or renewed period, as the case maybe.
LATE FEES
If you haven’t scheduled a pick up or returned a book even after we have issued a reminder, a day will be taken off your membership for every day that you further delay.
FINES FOR LOST OR DAMAGED BOOKS
All books sent to you have been checked to be in a good condition prior to dispatch. Upon receipt of the books, you must ensure that the same is in good condition. Any anomaly, if found, must be reported to our delivery executive. Failure to check and/or report the same will be constituted as your having received a book in good condition. Upon receipt of the book(s), we will check for any damage to the book(s) and will intimate you accordingly. If any of the books are lost or damaged, we require you to pay the minimum retail price of the book to continue borrowing privileges. We consider an item lost if you haven’t returned a book for one month without renewing it or responded to our enquiries and reminders. In this case, you forfeit your security deposit and your membership is also cancelled.
CHANGE OF DELIVERY ADDRESS
You can change it under the profile tab on My Page. However, any deliveries scheduled before the change will still go to the delivery address at the time of your order. If you wish to make a change after you have placed an order, please call us and see if we can re-schedule.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY
The Leaping Windows service and Website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Leaping Windows Website, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the Leaping Windows Website, any failures, delays, or interruptions in the shipment of books, delivery of any content contained on the Leaping Windows Website, any losses or damages arising from the use of the content provided on the Leaping Windows Website, or any conduct by users of the Leaping Windows service or Website. We reserve the right to ship the books in our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Leaping Windows, its promoters, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Leaping Windows Website, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
COPYRIGHT
All content included on the Leaping Windows Website is the property of Leaping Windows. Content shall not be reproduced or used without express written permission from Leaping Windows. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Leaping Windows Website, not to insert any code or product or manipulate the content of the Leaping Windows Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Leaping Windows reserves the right to terminate your membership hereunder if Leaping Windows, in its sole and absolute discretion, believes that you are in violation of this paragraph. Leaping Windows does not promote, foster or condone the copying of books or any other infringing activity. The use of books rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Leaping Windows Website.
TRADEMARKS
Leaping Windows is a trademark of Leaping Windows and its promoters. The Leaping Windows logo, leapingwindows.com, are trademarks or service marks of Leaping Windows and its promoters. The Leaping Windows Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Leaping Windows. The trademarks, service marks and trade dress of Leaping Windows may not be used or reproduced without prior written approval from Leaping Windows and its promoters and may not be used in connection with any product or service that is not affiliated with Leaping Windows, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Leaping Windows, or in any manner that disparages or discredits Leaping Windows. Other trademarks that appear on the Leaping Windows Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Leaping Windows. Any images of persons or personalities contained on the Leaping Windows Website are not an indication or endorsement of Leaping Windows or any particular product or our service unless otherwise indicated.
WEBSITE CONTENT
The Leaping Windows Website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Leaping Windows Website are those of the respective authors or producers and not of Leaping Windows, or its promoters, officers, or employees. Under no circumstances shall Leaping Windows, or its promoters, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Leaping Windows Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Leaping Windows Website.
USE OF INFORMATION SUBMITTED
Leaping Windows, is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Leaping Windows ("Content"), including, without limitation, responses to questionnaires or through postings to the Leaping Windows Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Leaping Windows Website or other websites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note Leaping Windows does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Leaping Windows. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Leaping Windows and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
SERVICE TESTING
From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to notify you on the same.
ELECTRONIC COMMUNICATION
By using the Leaping Windows service, you consent to receiving electronic communications from Leaping Windows. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured books or other information or offerings. These communications are part of your relationship with Leaping Windows and you receive them as part of the Leaping Windows subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
YOUR CONDUCT ON THE LEAPING WINDOWS WEBSITE
By accessing the Leaping Windows Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Leaping Windows Website. You also agree not to interfere with the servers or networks connected to the Leaping Windows Website or to violate any of the procedures, policies or regulations of networks connected to the Leaping Windows Website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Leaping Windows Website, conduct yourself in a vulgar or offensive manner while using our service, or use the Leaping Windows Website for any unlawful purpose.
LIMITATIONS ON USE
You must be 18 years of age or older to subscribe to the Leaping Windows service. Unless otherwise specified, the content on the Leaping Windows Website is for your personal and non-commercial use and we grant you a limited license to access the Leaping Windows Website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Leaping Windows Website without our express written consent. Leaping Windows does not promote the copying of books or any other infringing activity. Any unauthorized use of the Leaping Windows Website or its contents will terminate the limited license granted by us.
LINKS
Some of the hyperlinks and banners on the Leaping Windows Website may lead to other websites that are not controlled by, or affiliated with, Leaping Windows. In addition, other websites may link to the Leaping Windows Website. Leaping Windows has not reviewed these websites and is not responsible for the content or privacy policies of these websites.