Bookmysession.live Trainer/Create Session – Terms of Service
Welcome to Bookmysession.live Live Session. These terms of service (“Service Terms”), are between Bookmysession.live (also referred to as “BOOKMYSESSION.LIVE,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). Your use of and access to the website and Bookmysession.live Session service and associated software (collectively, the "Services") of Sorting Mirrauro IT Services LLP ("Bookmysession.live") is conditioned upon your compliance with and acceptance of these terms, which include your agreement to arbitrate claims
System Requirements: Use of the Services requires one or more compatible devices, Internet access, and certain software. and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility and are to be procured at your own cost.
1. “Session Service” shall mean the service provided by Bookmysession.live under these Service Terms through which You can conduct virtual live Sessions on the Bookmysession.live Platform by sharing the Session Link with Your students/learners.
2. Session Link” shall mean the link that is generated by You and share with any person, who can join the Session using the said link.
3. “Sessions” shall mean the virtual live streamed Sessions conducted by You or by Your Representatives.
4. “End User” means a You or Your students/learner to whom you have shared the Session Link to participant and use the Session Service.
5. “Laws” means shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, Order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority having jurisdiction over the matter in question;
7. “Representative” means any person that You have authorized to use the Service through Your account.
Service under these Service Terms shall include Session Service along with the associated features, links and software and standard updates to the Services that are made generally available by Bookmysession.live during the term (together “Services”). Bookmysession.live may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Bookmysession.live may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Bookmysession.live makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.
3. GRANT OF LICENSE
By You: You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content through the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content that you submit; and you grant limited license to Bookmysession.live to all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for the limited purpose of publication, display, recording and streaming of the Content through the Services for the duration the said Content is available on the Services and provide the access for such Content to the End Users to whom you provide the Session link or link to the Session recordings.
4. USE OF SERVICES, YOUR RESPONSIBILITIES AND CONDUCT
You may only use the Services pursuant to the Service Terms. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
1. Registration: You may be required to provide information about Yourself in order to register for and/or use the Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
2. Your Content and Conduct: Bookmysession.live is a marketplace and/or aggregator and hence as a Trainer it is your responsibility to conduct and drive the session that you have created. It is also your responsibility to ensure all participants in session are deemed participants based on registration. Bookmysession.live is no way responsible if any additional participants join the session. You can remove such participants after validating that participant is not a registered participant. It also your responsibility to conduct session in a full. If session is not conducted in a full for any reason e.g. Power cut, internet or technical issues etc.., you may not able to get the fees from bookmysession.live. You agree that You are solely responsible for the content ("Content") sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Copyright law and other Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Bookmysession.live Session and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Bookmysession.live be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Bookmysession.live is not responsible for any Content, Bookmysession.live may delete any Content, at any time without notice to You, if Bookmysession.live becomes aware that it violates any provision of these Service Terms, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services. Your conduct during live session is solely your responsibility and Bookmysession.live is not endorse of any action that you may conduct during live session. Bookmysession.live is no way responsible for any of the act, conduct, view or representation by you during live session including Sexual harassment or inappropriate behavior.
3. Recordings: You are responsible for compliance will all recording laws and associated consent requirements. By using the Services, you are giving Bookmysession.live consent to store recordings for any or all your Sessions conducted through the Services, if such recordings are stored in our systems. You can share the link to the recording of Your Sessions to any person at your discretion but You shall be responsible for any default/misconduct or violation that occurs due to the such person. At no point in time shall Bookmysession.live be responsible any activities by any users including you, your students or any third party.
4. Prohibited Use: You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Bookmysession.live’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is derogatory to any religion, caste, sex or political opinions, harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Bookmysession.live or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Bookmysession.live's security systems. (ix) use the Services in violation of any Bookmysession.live policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
5. Limitations on Use: You agree to use the Services only for educational purposes and not use the Service for any other purpose.
5. END USERS
You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with these Service Terms and any & all Bookmysession.live policies. Bookmysession.live assumes no responsibility or liability for violations. If You become aware of any violation of these Service Terms in connection with use of the Services by any person, please contact Bookmysession.live at [email protected] Bookmysession.live may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Bookmysession.live be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
6. BOOKMYSESSION.LIVE OBLIGATIONS FOR CONTENT
You affirm that You are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Service Terms, and to abide by and comply with these Service Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that You are underage or otherwise ineligible.
If Bookmysession.live becomes aware or has reason to believe that you are in violation of these Service Terms or any other Polices then Bookmysession.live reserves the right to terminate your account with or without providing any notice or reason. If you wish to terminate your account or any recordings you can do the same by writing to us at [email protected]
9. PROPRIETARY RIGHTS
Bookmysession.live retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Bookmysession.live Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Bookmysession.live Marks, or other proprietary information (including images, text, page layout, or form) of Bookmysession.live without express written consent. You may not use any meta tags or any other "hidden text" utilizing Bookmysession.live Marks without Bookmysession.live's express written consent.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Bookmysession.live may deny access to the Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Bookmysession.live of the same.
You will not without obtaining prior written consent of Bookmysession.live, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Services. For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to the Service or Bookmysession.live Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all times the property of Bookmysession.live and any breach of the same shall cause irreparable damage to us.
12. INJUNCTIVE RELIEF
You acknowledge that any use of the Services contrary to these Service Terms, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Bookmysession.live, and under such circumstances Bookmysession.live, Bookmysession.live will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
13. DISCLAIMER AND INDEMNIFICATIONNO WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND BOOKMYSESSION.LIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BOOKMYSESSION.LIVE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. BOOKMYSESSION.LIVE DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BOOKMYSESSION.LIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
Indemnity. You agree to indemnify, defend and hold harmless Bookmysession.live its officers, directors, employees, consultants and agents, from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the Services, Your violation of these Service Terms or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOKMYSESSION.LIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOOKMYSESSION.LIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, BOOKMYSESSION.LIVE LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE SERVICES AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT BOOKMYSESSION.LIVE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SERVICES ARE CONTROLLED AND OFFERED BY BOOKMYSESSION.LIVE FROM ITS FACILITIES IN INDIA. BOOKMYSESSION.LIVE MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
15. Additional terms
2. Modification: Bookmysession.live reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time and without notice (except as required by applicable law), and Bookmysession.live will not be liable to you should it exercise such rights, even if your ability to use the Services is impacted by the change.
3. Amendments: Bookmysession.live reserves the right to make changes to these Service Terms at any time by posting the revised terms in connection with Services. To the maximum extent permitted by law, your continued use of the Services following any changes will constitute your acceptance of such changes.
6. Severability: If any term or condition of these Service Terms are deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.