Terms and Conditions
Acceptance of Terms And Conditions
By using
(hereinafter referred to as ‘Site’, ‘We’, or ‘Us’),
you signify your acceptance of these Terms and
Conditions. If you do not agree to these Terms and
Conditions, please do not use our Site. We reserve
the right to modify, alter or otherwise update this
policy at any time. We encourage visitors to review
these Terms and Conditions from time to time. Your
continued use of the Site following the posting of
changes to these terms indicates your acceptance of
the changes.
1. Your Account
If you create an account on our Site, you are
responsible for maintaining the security of your
account, and you are fully responsible for all
activities that occur under the account and any
other actions taken in connection with the account.
You agree to provide and maintain accurate, current
and complete information, including your payment
information and contact information for notices and
other communications from us. You may not use false
or misleading information in connection to your
account.
2. Responsibility of Users of the Site, Products,
and/or Services
Your access to, and your use of, the Site, Products,
and/or Services must be lawful and must be in
compliance with these Terms, and any other agreement
between you and us. When accessing or using the
Site, Products, and/or Services, you must behave in
a civil and respectful manner at all times. We
specifically prohibit any use of the Site, Products,
and/or Services, and you agree not to use the Site,
for any of the following:
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Engaging in conduct that would constitute as a
criminal offense, giving rise to civil liability
or otherwise violating any city, state, national
or international law or regulation that would
fail to comply with accepted internet protocol;
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Communicating, transmitting, or posting material
that is copyrighted or otherwise owned by a
third party unless you are the copyright owner
or have the permission of the owner to post it;
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Communicating, transmitting, or posting material
that reveals trade secrets, unless you own them
or have the permission of the owner;
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Communicating, transmitting, or posting material
that infringes on intellectual property, privacy
or publicity right of another;
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Attempting to interfere in any way with the
Site, or our networks or network security, or
attempting to use our Site to gain unauthorized
access to any other computer system;
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Accessing data not intended for you, or logging
on to a server or account, which you are not
authorized to access;
In addition, if you operate an account, contribute
to an account, post material to the Site, post links
on the Site, or otherwise make material available by
means of the Site (any such material,
"Content"), you are solely responsible for
the content of, and any harm and damages resulting
from that Content, regardless of whether the Content
in question constitutes text, graphics, an audio
file, or computer software. By making Content
available, you represent and warrant that:
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the downloading, copying and use of the Content
will not infringe the proprietary rights,
including but not limited to the copyright,
patent, trademark or trade secret rights, of any
third party;
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you have fully complied with any third party
licenses relating to the Content, and have done
all things necessary to successfully pass
through to end users any required terms;
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the Content does not contain or install any
viruses, worms, malware, Trojan horses or other
harmful or destructive content;
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the Content is not obscene, libelous, hateful or
racially or ethnically objectionable, and does
not violate the privacy or publicity rights of
any third party.
You are responsible for taking precautions as
necessary to protect yourself and your computer
systems from viruses, worms, and other harmful or
destructive content. We will take reasonable
precautions to prevent the transmission of harmful
content from its technology systems to your
technology systems. We expressly disclaim any
liability for any harm or damages resulting from
your access or use of the Site, Products, and/or
Services, or access or use of third-party websites.
We have the right (though not the obligation) to (i)
refuse or remove any Content that, in our reasonable
opinion, violates any our internal policy or is in
any way harmful or objectionable, or (ii) terminates
or denies access to and use of the Site, Products,
and/or Services, to any person for any reason, in
our sole discretion.
3. Fees and Payments
By purchasing our Products and/or Services, you
agree to pay fees or annual subscription fees for
such Product or Service. Configurations and prices
of the Site, Products, and/or Services are subject
to change at any time, and we may modify
configurations, fees, prices and quotations,
provided that no price changes shall be made
applicable to you during a subscription term, and
shall take effect only after you have agreed upon an
extension, upgrade or renewal of the subscription
term. You agree to any such changes if you do not
object in writing within seven (7) business days of
receiving, or an invoice, incorporating or
announcing the fee and/or price changes. All prices
are exclusive of, and you shall pay all taxes,
duties, levies or fees, or other similar charges.
4. Use of Third Party Content and Materials
By operating the Site, we do not represent or imply
that it endorses the material there posted, or that
it believes such material to be accurate, useful or
non-harmful. The Site may contain content that is
offensive, indecent, or otherwise objectionable, as
well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Site
may also contain material that violates the privacy
or publicity rights; infringes the intellectual
property and other proprietary rights of third
parties; or the downloading, copying or use of which
is subject to additional terms and conditions,
stated or unstated. We disclaim any responsibility
for any harm and/or damages resulting from the use
or downloading of postings of other parties on the
Site.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the
material, including computer software, made
available through the websites and webpages to which
our Site links, and that link to our Site. We do not
have any control over those third-party websites and
webpages, and are not responsible for their contents
or their use. By linking to a third-party website or
webpage, we do not represent or imply that it
endorses such website or webpage.
6. Copyright Infringement
We encourage you to respect the intellectual
property rights of others. If you believe that
material located on or linked to by the Site
violates your copyright, please notify Us
immediately. We will respond to all such notices,
including as required or appropriate by removing the
infringing material or disabling all links to the
infringing material.
7. Termination
You may terminate your agreement and close your
account with us at any time, effective the last day
of your subscription term, by sending an email. We
may terminate its relationship with you, or may
terminate or suspend the accessibility to the Site,
Products, and/or Services at any time, including the
use of any software, (i) if you breach these Terms;
(ii) if We reasonably suspects that you are using
the Site, Products, and/or Services to breach the
law or infringe third party rights; (iii) if you
fail to pay any amounts due to Us; (iv) you violate
any applicable law or regulation. Upon termination
of your account for the above reasons, there will be
no refund of fees and you will be denied access to
the Site, Products and/or the Services, including
all of its data. If you believe that We failed to
perform or the Services are defective, you must
notify Us in writing and allow fourteen (14) days to
cure the defect. If We do not cure the defect within
this cure period, you may terminate the subscription
with immediate effect, upon written notice to us.
8. Changes
The configurations and specifications of the Site,
including and without limitation to all content
there available, the Products, and Services may be
amended and/or updated from time to time, at our
sole discretion. You are bound by any such changes
or updates, unless such changes materially diminish
the functionality and value of the Site, Products
and/or Services.
9. A Special Note Regarding Children
The Site is not designed or intended for use by
children under the age of 16, and our Products and
Services may not be purchased by children under the
age of 16. We do not intentionally gather personal
information from visitors who are under the age of
16. If you are under the age of 16, you are not
permitted to submit any personal information to us.
If you are under the age of 16, you should use the
Site only with consent of a parent or guardian.
10. Limitation of Warranties
We and our licensors make no warranties or
representations whatsoever with respect to the Site,
Products, and Services, or any linked site or its
content, including the content, information and
materials on it or the accuracy, completeness, or
timeliness of the content, information and
materials. We also do not warrant or represent that
your access to or use of the Site, Products, and/or
Services, or any linked site will be uninterrupted
or free of errors or omissions, that defects will be
corrected, or that the Site, Products, and/or
Services, or any linked site is free of computer
viruses or other harmful components. We assume no
responsibility, and shall not be liable for any
damages to, or viruses that may infect, your
computer equipment or other property on account of
your use of the Products or Services, or your access
to, use of, or browsing of the Site, or your
downloading or uploading of any Content from or to
the Site. If you are dissatisfied with the Site,
your sole remedy is to discontinue using the Site.
No advice, results or information, whether oral or
written, obtained by you from Us, or through the
Site, shall create any warranty not expressly made
herein. We do not necessarily endorse, support,
sanction, encourage or agree with any content or any
user content, or any opinion, recommendation,
content, link, data or advice expressed or implied
therein, and We expressly disclaim any and all
liability in connection with user content and any
other content, materials or information available on
or through the Site, Products, and/or Services,
created or provided by users or other third parties.
11. Limitation of Liability
Under no circumstances shall any party, its
subsidiaries and affiliates, their respective
directors, officers, employees or agents, and other
representatives, be liable for any indirect,
consequential, incidental, special, or punitive
damages, including but not limited to lost profits
and business interruption, whether in contract or in
tort, including negligence, arising in any way from
the use of the Site, Products, Services, and/or the
Contents thereof, or of any hyperlinked website even
if such party is expressly advised of the
possibility of such damages. With the exception of
damages related to legally proven or admitted
intellectual property infringement caused by
Products and/or Services as delivered by a party
without any third party content, in no event shall a
party’s liability exceed the total sums received by
Us from you during the six (6) month period
immediately prior to the date the damages first
occurred.
12. Your Representations and Warranties
You represent and warrant that your use of the Site,
Products, and/or Services will be in accordance with
any agreement between you and Us, Privacy Policy,
these Terms, and with any applicable laws and
regulations, including and without limitation to any
local laws or regulations in your country, state,
city, or other governmental area, regarding online
conduct and acceptable content, and including all
applicable laws regarding the transmission of
technical data exported from the country in which
you reside, and with any other applicable policy or
terms and conditions.
13. Indemnification
Subject to the limitations set forth herein, the
Parties agree to defend, indemnify, and hold each
other harmless, including its subsidiaries and
affiliates, their respective directors, officers,
employees or agents, and other representatives, from
and against all claims, losses, damages,
liabilities, and costs (including but not limited to
reasonable attorneys’ fees and court costs), arising
out of, relating to or in connection with (i) a
material violation of these Terms, or any agreement
between the Parties, or (ii) any allegation that any
information or material (including any Content)
violates any rights of any third party. You
understand and agree that, by using the Products
and/or Services, you are solely responsible for any
data, including personally identifiable information,
collected or processed via our Products and/or
Services. You will defend, indemnify, and hold Us
harmless, without any limitation, for all damages in
connection to (alleged) violations of any privacy
laws through the use of the Products and/or Services
under your account.
14. Miscellaneous
If any part of these Terms is held invalid or
unenforceable, that part will be construed to
reflect the Parties’ original intent, and the
remaining portions will remain in full force and
effect. A waiver by either party of any term or
condition of these Terms or any breach thereof, in
any one instance, will not waive such term or
condition or any subsequent breach thereof. You may
only assign your rights under these Terms to any
party that consents to, and agrees to be bound by,
the terms hereof in writing. We may assign its
rights under these Terms at its sole discretion.
These Terms will be binding upon and will insure to
the benefit of the parties, their successors and
permitted assigns. You agree that no joint venture,
partnership, employment, or agency relationship
exists between you and us as a result of the Terms,
or your use of the Site, Products, and/or Services.