1. Account. In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to janakaabeywardana.lk, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify janakaabeywardana.lk at [email protected] You may be liable for the losses incurred by janakaabeywardana.lk or others due to any unauthorized use of your Website account.
User Content License Grant; Representations and Warranties
3. User Content. janakaabeywardana.lk may permit the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio- visual materials and communications (collectively, “User Postings”). You understand that whether or not such User Content is published, janakaabeywardana.lk does not guarantee any confidentiality with respect to any submissions.
4. License Grant to janakaabeywardana.lk. By posting, submitting or distributing User Content on or through the Website, You hereby grant to janakaabeywardana.lk a local and worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
5. License Grant to Users. User Postings. By posting, submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non- exclusive license to access and use your User Postings in any manner permitted or made available by janakaabeywardana.lk on or through the Website.
6. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that:
1. You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize janakaabeywardana.lk and janakaabeywardana.lk ’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by janakaabeywardana.lk and these Terms;
2. Your User Content does not and will not:
a. infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or
b. slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and
c. your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
7. Access to Your User Content. janakaabeywardana.lk may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non- Website users) to view. You acknowledge and agree that, although janakaabeywardana.lk may provide certain features intended to allow You to restrict some User Content You create from others, janakaabeywardana.lk does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, janakaabeywardana.lk will use reasonable efforts to notify you. JANAKAABEYWARDANA.LK HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
8. User Content Disclaimer. You understand that when using the Website, You will be exposed to User Content from a variety of sources, and that janakaabeywardana.lk is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User 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 janakaabeywardana.lk with respect thereto. janakaabeywardana.lk does not endorse any User Content or any opinion, recommendation or advice expressed therein, and janakaabeywardana.lk expressly disclaims any and all liability in connection with User Content.
Proprietary Materials; Licenses
9. Proprietary Materials. The Website is owned and operated by janakaabeywardana.lk. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by SRI LANKAN and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. All Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to janakaabeywardana.lk, and janakaabeywardana.lk reserves all rights therein and thereto not expressly granted by these terms.
10. Licensed Educational Content. janakaabeywardana.lk may make available on the Website certain educational videos, exercises, and related supplementary materials (ex: Past papers/answers/model questions) that are owned by janakaabeywardana.lk or its third-party licensors (the “Licensed Educational Content”). janakaabeywardana.lk grants to you a non-exclusive, non- transferable right to access and use the Licensed Educational Content as made available on the Website by janakaabeywardana.lk solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third-party.
11. Commercial Use. The Licensed Educational is intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by janakaabeywardana.lk.
12. Impermissible Users. Without limiting the generality of the foregoing, the following are types of uses that janakaabeywardana.lk expressly defines as falling outside of “non-commercial” use:
i. The sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
ii. Providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
iii. The sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material.
13. User Characterization. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user. Thus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is “non-commercial,” even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not “non-commercial,” even if this use is by a non-profit entity. As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use. Conversely, as another example, a non-profit entity’s use of the Licensed Educational Content in connection with a fee-based training or educational program is NOT “non- commercial” and is not permitted.
14. Crediting janakaabeywardana.lk. If You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, You must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “All janakaabeywardana.lk content is available for free at janakaabeywardana.lk source.xxx. “
YOU AGREE NOT TO:
15. use the Website for any commercial use or purpose unless expressly permitted by janakaabeywardana.LK in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
16. except as expressly permitted terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Website Materials;
17. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
18. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
19. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
20. delete the copyright or other proprietary rights notices on the Website or on any Licensed Educational Content;
21. assert, or authorize, assist, or encourage any third-party to assert, against janakaabeywardana.lk or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, or User Content You have used, submitted, or otherwise made available on or through the Website;
22. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
23. use the Website for any illegal purpose, or in violation of any national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
24. defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
25. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, or User Content;
26. modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by janakaabeywardana.lk herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
27. Intentionally interfere with or damage the operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
28. Termination by janakaabeywardana.lk. janakaabeywardana.lk, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with janakaabeywardana.lk or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. janakaabeywardana.lk may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have, or portion thereof, may be effected without prior notice, and you agree that janakaabeywardana.lk will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies janakaabeywardana.lk may have at law or in equity. As discussed herein, janakaabeywardana.lk does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
29. Termination by You. Your only remedy with respect to any dissatisfaction with
i. The Website,
iv. Any policy or practice of janakaabeywardana.lk in operating the Website, or
v. Any content or information transmitted through the Website,
Is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
30. Indemnification. You agree to indemnify, defend, and hold harmless janakaabeywardana.lk, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“janakaabeywardana.lk Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You. janakaabeywardana.lk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify janakaabeywardana.lk, and you agree to cooperate with janakaabeywardana.lk ’s defense of these claims. janakaabeywardana.lk will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties
31. No Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JANAKA ABEYWARDANA, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JANAKA ABEYWARDANA OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
32. Content. JANAKA ABEYWARDANA, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
33. Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
Limitation of Liability and Damages
34. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JANAKA ABEYWARDANA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON- PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH JANAKA ABEYWARDANA, EVEN IF JANAKAABEYWARDANA.LK OR A JANAKAABEYWARDANA.LK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, JANAKAABEYWARDANA.LK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
35. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT JANAKA ABEYWARDANA HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JANAKAABEYWARDANA.LK, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JANAKA ABEYWARDANA. JANAKA ABEYWARDANA WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
36. Notice. janakaabeywardana.lk may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless janakaabeywardana.lk is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
37. Waiver. The failure of janakaabeywardana.lk to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Janaka Abeywardana.
38. Governing Law. The Terms will be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, without giving effect to any principles of conflicts of law.
39. Arbitration. For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, either Janaka Abeywardana or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non- appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
a. the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
b. Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or janakaabeywardana.lk will be filed only within the Jurisdiction of the Democratic Socialist Republic of Sri Lanka and each of You and Janaka Abeywardana hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
c. Claims. YOU AND JANAKA ABEYWARDANA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN THREE (3) MONTHS THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
40. Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
41. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Janaka Abeywardana’s prior written consent, but may be assigned by Janaka Abeywardana without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
42. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
44. Disclosures. The Website is hosted in Singapore, and the services provided hereunder are offered by janakaabeywardana.lk, a sole proprietorship of Janaka Abeywardana.