Sunny is a DIY landing page generator tool that allows you to create landing Pages in a simple way. With Sunny you can create and manage landing pages for PPC, Social Media, Email Marketing and Product Featuring campaigns. These Terms of Service apply to the Sunny Service. All content and services made available through the Site that were not made available as of the "Last Updated" date above , shall automatically be deemed to be part of the Sunny Service when first made available through the Site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access). We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis delivery or failure to store any user communications or personalization settings. Sunny and its affiliates attempt to be as accurate as possible. However, Sunny does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.
You are required to register with Sunny if you want to have access to the service, Sunny may require registration for additional features that may be developed or added to the Sunny Service from time to time. In order to register with Sunny you must supply a valid email address, which will be used as a unique identifier for your account and a password. You may also be asked to provide certain optional information, including an image, phone number and/or other requested information. You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the Sunny Service, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Profile. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the Sunny Service, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. In consideration for using the Sunny Service, you agree to:
If any information provided by you during your original registration or My Profile sign-up is inaccurate, Sunny reserves the right to terminate your account immediately and your right to use the Sunny Service.
Sunny may shut down the Services to perform planned maintenance of the platform or to upgrade the platform. To the extent possible and reasonable, we will schedule such downtime in non-business hours for majority of our Customers over weekend. We will provide at least 8 hours of notice for such downtime.
Sunny owns or has rights to all intellectual property rights in and to the Services and Software (including all derivatives or improvements thereof). All suggestions, enhancements requests, feedback, recommendations or other input provided by Customer or any other party relating to the Services or Software shall be owned by Sunny, and Customer hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. Any rights not expressly granted herein are reserved by Sunny.
You own any data, information or material originated by you that your Customer submits or compiles in the course of using the Services Sunny has no ownership rights in or to Customer Data. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to Customer Data.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Please email us at email@example.com.
Sunny grants you a limited license to access and make personal use of this Site and the Sunny Service and not to download (other than page caching) or modify it, or any portion of it, except with Sunny’s express written consent. The foregoing license does not include any resale or commercial use of this Site, the Sunny Service or its contents; any derivative use of this Site, the Sunny Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the Sunny Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Sunny’s express written consent. Sunny shall determine use of the Service that constitutes abuse, in its sole discretion. Sunny reserves the right to terminate your account if Sunny determines you have not complied with these Terms of Service.
You acknowledge that all Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Materials originated. This means that you are entirely responsible for all Materials that you post, email or otherwise transmit via the Sunny Service. We do not control all of the Materials posted via the Sunny Service and, as such, do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Sunny Service, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Materials, including, but not limited to, for any inaccuracies, errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Sunny Service.
You agree not to:
In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Sunny Service.
In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Sunny Service. Your use of the Sunny Service is subject to all applicable local, state, national and international laws and regulations.
Sunny shall not be liable for your interactions with any organizations and/or individuals found on or through the Sunny Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Sunny reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Sunny Service.
Sunny asks that you participate in ensuring that all users follow the terms and conditions of these Terms of Service by reporting any Schedules or other postings or messages that violate these Terms of Service. To report a violation of this Terms of Service, please email us at firstname.lastname@example.org.
YOUR PARTICIPATION IN ANY SCHEDULE OR OTHER FEATURE OF THE SUNNY SITE OR SUNNY SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE CREATOR OF ANY SCHEDULE MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE A SCHEDULE AT ANY TIME FOR ANY REASON. BY USING SUNNY YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. SUNNY HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING SUNNY, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT, PARTICIPATION IN ANY FEATURE OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE SUNNY FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS SUNNY, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY SCHEDULE, OR OTHER FEATURES OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SUNNY SERVICE IS AT YOUR SOLE RISK. THE SUNNY SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUNNY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE SUNNY SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SUNNY SERVICE. SUNNY MAKES NO WARRANTY THAT THE SUNNY SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SUNNY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SUNNY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUNNY SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SUNNY SERVICE OR THAT DEFECTS IN THE SUNNY SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT SUNNY DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SUNNY SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO SUNNY FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. SUNNY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE SUNNY SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SUNNY SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SUNNY SERVICE. SUNNY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SUNNY SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SUNNY SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUNNY OR THROUGH THE SUNNY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU EXPRESSLY AGREE THAT SUNNY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SUNNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SUNNY SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH SUNNY OR A THIRD PARTY THROUGH THE USE OF THE SUNNY SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SUNNY SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT SUNNY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SUNNY SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
You agree to indemnify, defend and hold harmless Sunny, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Site and/or the Sunny Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the Sunny Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Sunny Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Sunny Service, and remove and discard any Materials within the Sunny Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Sunny Service, or any part thereof, with or without notice. You agree that any termination of your access to the Sunny Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Sunny Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Sunny Service. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Sunny Service, including, but not limited to (i) restricting the time the Sunny Service are available, (ii) restricting the amount of use of the Sunny Service permitted, and (iii) restricting or terminating any user's right to use the Sunny Service, with or without notice; (b) charge fees in connection with the use of the Sunny Service; (c) modify and/or waive any fees charged in connection with the Sunny Service; and/or (d) offer opportunities to some or all users of the Sunny Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sunny Service, in whole or in part, or of any service, content or feature offered through the Sunny Service.
The Site is controlled and operated by Gaboli Online Services Private Limited from Bangalore, Karnataka India, and is not intended to subject Sunny to the laws or jurisdiction of any territory other than that of India. Sunny does not represent or warrant that the Sunny Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Any notice or other communication required or permitted under this Agreement shall be given in writing to the other party at their respective addresses set forth below via hand delivery, or certified mail return receipt requested, or by nationally recognized overnight delivery service. The parties by notice may designate another address or individual to which a required notice may be directed. Notices shall be effective upon receipt. Each notice sent or mailed in the manner described above shall be deemed provided for all purposes at such time as it is delivered to the addressee (with the return receipt or the delivery receipt being deemed conclusive, but not exclusive, evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation. You must give notice to Sunny in writing to:
Gaboli Online Services Private Limited,
No. 39, 2nd floor, F.F.K. Tower,
Swagath Main Road,
Jayanagar 4th T block
This Agreement shall be governed by and construed in accordance with the laws of the State of Karnataka, India. Each of us agrees that any litigation brought under or in connection with this Agreement will be brought in the courts of competent jurisdiction located in the Bangalore District of Karnataka. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.