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:
- 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;
- 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;
- Communicating, transmitting, or posting material that reveals trade
secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on
intellectual property, privacy or publicity right of another;
- 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;
- 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:
- 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;
- 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 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 1, 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.