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 to 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 to transmit)
any material that acts as a passive or active
information collection or transmission mechanism,
including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive collection
mechanisms" or
"pcms").
- 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: (1) monitor the Services for
violations of these Legal Terms; (2) 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; (3) 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; (4) in our sole discretion and without
limitation, notice, or liability, to 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 (5) 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 All the countries
and yourself irrevocably consent that the courts of All the countries 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 60 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 the part of this clause. The number of
arbitrators shall be __________. The seat, or legal place, or arbitration shall be
__________. The language of the proceedings shall be __________. The governing law
of these Legal Terms shall be substantive law of __________.
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 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.
12. CORRECTIONS
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.
15. INDEMNIFICATION
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: (1) use of the
Services; (2) breach of these Legal
Terms; (3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or
(5) 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:
