TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS
Each time you use or initiate access to this website, you agree to be bound by these Terms of Use and any future amendments that occur occasionally, with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services. They shall be incorporated by reference into these Terms of Use.
2. OUR SERVICE
Our website and services are provided to you on and through our website on an “AS IS” basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
To use this website, you may register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Use, which we may modify from time to time and available here.
4. REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorised use of your registration, user account or password.
5. YOUR CONDUCT
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or harmful programming routine, give rise to civil or criminal liability, or which may violate any applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any Content or service in any commercial manner or in any way that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
6. SUBMISSION OF CONTENT ON THIS WEBSITE
By providing any Content to our website:
(a) you agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply to any form, media, or technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license outlined in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
7. THIRD-PARTY SERVICES
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and terms made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interactions with third parties.
8. INDEMNIFICATION
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, any third party may make that, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other breach of the rights of another person or party.
9. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT THE USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties, and the above disclaimer may not apply to you only as it relates to implied warranties.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF:
(I) THE USE OF OR THE INABILITY TO USE THE SERVICE,
(II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE,
(III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR
(V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability; therefore, such limitations may not apply to you.
11. RESERVATION OF RIGHTS
We reserve all of our rights, including but not limited to any copyrights, trademarks, patents, trade secrets, and any other proprietary rights we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing implied or express licenses or rights by making services available to you. You cannot commercialise our website or service without our written consent.
12. NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your property has been used in any way, that would be considered copyright infringement or a violation of your intellectual property rights; in that case, our copyright agent may be contacted at the webmaster’s address.
13. APPLICABLE LAW
You agree that this Terms of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service, you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
14. MISCELLANEOUS INFORMATION
(i) If this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any of that party’s rights, and that right will remain in full force and effect;
(iii) You agree that without regard to any statute or contrary law, any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose, or the claim shall be forever barred;
(iv) We may assign our rights and obligations under these Terms of Use and shall be relieved of any further obligation.