Terms and Conditions
Acceptance of Terms and Conditions
By using
the website
(hereinafter referred to as "Website", "We" or "us"), you agree to
accept these Terms and Conditions. If you do not agree to these Terms
and Conditions, please do not use our Website. 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 Website following the posting of
changes to these terms will mean you accept those changes.
1. Your Account
If you create an account on our Website, you are responsible for
maintaining the security of your account and you are fully responsible
for all activities that occur under the account and for 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 notifications and other
communications from us. You may not use false or misleading information
in connection with your account.
2. User Responsibility for Website, Products and/or Services
Your access to the Website, Products and/or Services and your
use of them must be lawful and comply with these Terms, as well as any
other agreement between you and us. When accessing or using the Website,
Products and/or Services, you must always behave with civility and
respect. We expressly prohibit any use of the Website, Products and/or
Services and you agree not to use the Website for any of the following:
- Engaging in behavior that would constitute a criminal offense,
create civil liability, or otherwise violate any law or regulation of
the city, state, country, or foreign country, which would not be in
accordance with acceptable Internet protocol,
- Communicating, transmitting, or publishing material that is protected
by copyright or otherwise belongs to third parties, unless you are the
copyright holder or have the permission of the holder to publish it,
- Sharing, transmitting, or posting material that discloses trade
secrets, unless you are the owner of them or have the permission of the
owner,
- Communicating, transmitting, or posting material that violates the
intellectual property, privacy, or publicity rights of another,
- Attempting to interfere in any way with the Website, or our networks
or network security, or attempting to use our Website to gain
unauthorized access to any other computer system,
- Accessing data not intended for you or logging into a server or
account that you are not authorized to access,
Furthermore, if you manage an account, contribute to an account, post
material on the Website, post links on the Website, or otherwise provide
material through the Website (any such material, "Content"), you are
solely responsible for the content and for any damage and loss arising
from such Content, regardless of whether such Content constitutes text,
graphics, audio files, or computer software. By providing the Content,
you represent and warrant that:
- the downloading, copying, and use of the Content will not infringe the
proprietary rights, including, without limitation, the copyright,
patent, trademark, or trade secret rights, of any third party,
- 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,
- the Content does not contain or install any viruses, worms, malware,
Trojan horses, or other harmful or destructive content,
- 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 the necessary precautions 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 our
technological systems to your technological systems. We expressly
disclaim any liability for any damage or loss arising from access to or
use of the Website, Products and/or Services or access to or use of
third-party websites.
We have the right (but not the obligation) (i) to refuse or remove any
Content that, in our reasonable opinion, violates any of our internal
policies or is in any way harmful or objectionable, or (ii) to terminate
or deny access to and use of the Website, Products and/or Services to
any person for any reason, at 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. The configurations
and prices of the Website, Products and/or Services are subject to
change at any time, and we may modify the configurations, fees, prices,
and offers, provided that no price change will apply to you during a
subscription period and will only take effect after you agree to extend,
upgrade, or renew the subscription period. You agree to any such changes
if you do not object in writing within seven (7) business days of receipt
of an invoice that incorporates or announces fee and/or price changes.
All prices do not include, and you must pay all taxes, duties,
contributions, or fees or other similar charges.
4. Use of Third-Party Content and Material
By
operating the Website, we do not represent or imply that we endorse the
material posted there or that we believe such material is accurate,
useful, or non-harmful. The Website may contain content that is
offensive, indecent, or otherwise objectionable, as well as content that
contains technical inaccuracies, typographical errors, and other errors.
The Website may also contain material that violates privacy or publicity
rights, infringes 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 otherwise. We disclaim
any liability for any damage and/or loss arising from the use or
downloading of other parties' posts on the Website.
5. Content Posted on Other Websites
We have not reviewed and cannot review all material, including
computer software, made available through the websites and web pages to
which our Website links and which link to our Website. We have no
control over these third-party websites and web pages and are not
responsible for their content or use. By linking to a third-party
website or webpage, we do not represent or imply that we endorse 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 the
Website 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 cancel your agreement and close your account with us at
any time, effective from the last day of your subscription period, by
sending an email message. We may terminate our relationship with you or
terminate or suspend access to the Website, Products and/or Services at
any time, including the use of any software, (i) if you violate these
Terms, (ii) if we have reasonable grounds to suspect that you are using
the Website, Products and/or Services to violate the law or infringe
third-party rights, (iii) if you fail to pay any amounts due to us,
(iv) if 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 Website, Products and/or Services,
including all of their data. If you believe that we have not performed
or that the Services are defective, you must notify us in writing and
give a period of fourteen (14) days for the defect to be remedied. If we
do not remedy the defect within this remediation period, you may
terminate the subscription with immediate effect, upon written notice
to us.
8. Changes
The configurations and specifications of the Website, including
without limitation all content available there, Products and Services
may be modified and/or updated from time to time, at our discretion. You
are bound by any such changes or updates, unless such changes
substantially reduce the functionality and value of the Website,
Products and/or Services.
9. Special Note About Children
The Website is not designed nor intended for use by children under
the age of 1 year and our Products and Services may not be purchased by
children under the age of 16 years. We do not knowingly collect personal
information from visitors who are under 16 years of age. If you are under
16 years of age, you are not permitted to submit personal information to
us. If you are under 16 years of age, you should use the Website only
with the consent of a parent or guardian.
10. Limitation of Warranties
We and our licensors make no warranty or representation regarding
the Website, Products and Services, or any linked website or its content,
including the content, information, and material therein or the
accuracy, completeness, or timeliness of the content, information, and
material. Also, we do not warrant or represent that access to or use of
the Website, Products and/or Services or any linked website will be
uninterrupted or error-free, that defects will be corrected, or that
the Website, Products and/or Services or any linked website is free of
computer viruses or other harmful components. We assume no liability and
will not be liable for any damages or viruses that may infect your
computer equipment or other property due to your use of the Products or
Services, or access to, use of, or browsing of the Website, or your
downloading or uploading of any Content from or to the Website. If you
are not satisfied with the Website, your sole remedy is to discontinue
use of the Website.
No advice, result, or information, oral or written, obtained from us
or through the Website, creates any warranty not expressly stated
herein. We do not adopt, support, approve, encourage, or necessarily
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 liability in relation to user
content and any other content, material, or information available on or
through the Website, Products and/or Services, which are created or
provided by users or other third parties.
11. Limitation of Liability
In no event shall any party, its subsidiaries and their
subsidiaries, their respective directors, officers, employees, or
agents and other representatives, be liable for any indirect,
consequential, incidental, special, or punitive damages, including,
without limitation, lost profits and business interruption, whether in
contract or tort, including negligence, arising in any way from the use
of the Website, Products, Services and/or their Content or any
hyperlinked website, even if such party has been expressly advised of
the possibility of such damages. Except for damages related to legally
proven or admitted copyright infringement caused by the Products and/or
Services, as delivered by a party without third-party content, in no
event shall a party's liability exceed the total of the amounts we
received from you during the period of six (6) months immediately
preceding the date on which the damages first occurred.
12. Your Representations and Warranties
You represent and warrant that your use of the Website, Products
and/or Services will be in accordance with any agreement between you and
Us, the Privacy Policy, these Terms, and with every applicable law and
regulation, including, without limitation, any local laws or regulations
of 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, as well as 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 harmless each other, including their
subsidiaries and affiliated companies, their respective directors,
officers, employees, or agents and other representatives, from and
against all claims, losses, damages, liabilities, and expenses
(including, without limitation, reasonable attorneys' fees and court
costs), arising from, related to, or connected with (i) material breach
of these Terms or any agreement between the Parties, or (ii) any claim
that any information or material (including any Content) infringes 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 that may be collected or processed through our
Products and/or Services. You will defend, indemnify, and hold us
harmless, without limitation, for all damages in relation to (alleged)
violations of any privacy laws through the use of the Products and/or
Services in connection with your account.
14. Miscellaneous
If any part of these Terms is found to be invalid or
unenforceable, such part will be interpreted to reflect the original
intention of the Parties and the remaining parts will remain in full
force. The waiver by one of the parties of any term or condition of
these Terms or of any breach thereof, in any case, does not constitute
a waiver of such term or condition or of any subsequent breach thereof.
You may assign your rights under these Terms only to any party that
consents to and agrees to be bound by the terms hereof in writing. We
may assign our rights under these Terms at our sole discretion. These
Terms bind and inure to the benefit of the parties, their successors,
and permitted assigns. You agree that there is no joint venture,
partnership, employment, or agency relationship between you and us as a
result of the Terms or your use of the Website, Products and/or
Services.