As
a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
-
Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as
user passwords.
-
Circumvent, disable, or otherwise interfere with
security-related features of the Services, including
features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Services
and/or the Content contained therein.
-
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Services.
-
Use any information obtained from the Services in order to
harass, abuse, or harm another person.
-
Make improper use of our support services or submit false
reports of abuse or misconduct.
-
Use the Services in a manner inconsistent with any
applicable laws or regulations.
-
Engage in unauthorized framing of or linking to the
Services.
-
Upload or transmit (or attempt to upload or transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any
party's uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the
Services.
-
Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction
tools.
-
Delete the copyright or other proprietary rights notice from
any Content.
-
Attempt to impersonate another user or person or use the
username of another user.
-
Upload or transmit (or attempt to upload or transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear gifs, 1*1 pixels, web bugs, cookies, or
other similar devices.
-
Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the
Services.
-
Harass, annoy, intimidate, or threaten any of our employees
or agents engaged in providing any portion of the Services
to you.
-
Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion
of the Services.
-
Copy or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
-
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Services.
-
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute
any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader
that accesses the Services, or use or launch any
unauthorized script or other software.
-
Use a buying agent or purchasing agent to make purchases on
the Services.
-
Make any unauthorized use of the Services, including
collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated
means or under false pretenses.
-
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We
may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but
not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through
third-party websites. When you create or make available any
Contributions, you thereby represent and warrant that:
You and Services agree that we may access, store, process, and
use any information and personal data that you provide and your
choices (including settings).
By submitting suggestions or other feedback regarding the Services,
you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to
the Services, and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us
regarding your Contributions.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms;
- Take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof;
- In our sole discretion and without limitation, notice, or liability,
remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our
systems; and
- Otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the
Services.
8. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services.
We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors.
We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain
and support the Services or to supply any corrections, updates, or releases
in connection therewith.
10. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of
[Insert Jurisdiction]. [Insert Jurisdiction] and yourself irrevocably
consent that the courts of [Insert Jurisdiction] shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
11. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or us (individually,
a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least [Insert Number] days before
initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,
including any question regarding its existence, validity, or termination,
shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of this ICAC, which, as a result
of referring to it, is considered as part of this clause. The number of
arbitrators shall be [Insert Number]. The seat, or legal place, of
arbitration shall be [Insert Location]. The language of the proceedings
shall be [Insert Language]. The governing law of these Legal Terms shall be
substantive law of [Insert Jurisdiction].
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
13. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO:
-
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses,
made by any third party due to or arising out of:
- Use of the Services;
- Breach of these Legal Terms;
- Any breach of your representations and warranties set forth in these
Legal Terms;
- Your violation of the rights of a third party, including but not limited
to intellectual property rights;
- Any overt harmful act toward any other user of the Services with whom
you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
16.
USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
17.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication
be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
18.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
19.
CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
sekjenasli@gmail.com