IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 13 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED SECTION 13, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Subject to the terms and conditions set forth herein, Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Services, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
You undertake to use the Services solely for your own personal and non-commercial use and for no other purpose whatsoever. You hereby declare that you are eighteen (18) years old or older. Except as specifically permitted herein, you agree not to
You shall have sole responsibility and liability for Submitted Materials (as defined below). Company shall not be liable for any and all parts of the Submitted Materials and shall be entitled, under its sole discretion, to remove or edit any of the Submitted Materials at Company's sole discretion and without notice or explanation. NOTHING IN THESE TERMS OBLIGATES COMPANY TO DISPLAY YOUR SUBMITTED MATERIALS OR TO USE IT AT ALL OR IN A CERTAIN MANNER . Please note that any and all of your Submitted Materials will be available to the public and may be promoted and transferred onward by Company, at its sole discretion, and thus it is advised not to include in them any content or information that you wish to keep private. Company does not provide back-up or archive services, you are solely responsible for maintaining adequate backups of your Submitted Materials.
You hereby grant Company a worldwide, irrevocable, perpetual, royalty-free license to use, host, store, display, reproduce, modify, adapt, edit, publish, and distribute your Submitted Materials and fully exploit your Submitted Materials for the provision, maintenance and improvement of the Services.
You represent and warrant to Company that your Submitted Materials:
You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify Company and modify your login information.
We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall:
All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or contained and/or subsisting therein and/or attached/connected/related to the Services or Feedback, including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, Submitted Materials, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application "look and feel", features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing, any modifications, enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (collectively, the "Company IPR") are the property of Company and/or its respective affiliates which retain all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs and photography, including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired
You represent and warrant to Company that:
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION COMPANY IPR, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE COMPANY IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY IPR OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY IPR.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WITH RESPECT TO EACH AND EVERY CATEGORY OF PRODUCTS, YOU AGREE AND ACKNOWLEDGE THAT COMPANY NEITHER PRESUMES NOR COMMITS TO ANALYSE ALL THE PRICES AND OFFERINGS FOR EACH OF THE PRODUCTS IN THE SPECIFIC PRODUCT CATEGORIES. FURTHERMORE, YOU AGREE THAT COMPANY'S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND ARE NOT ENDORSEMENTS OR RECOMMENDATIONS. SUCH RANKINGS AND SELECTIONS ARE GENERATED BY COMPANY'S ALGORITHM WHICH TAKES INTO ACCOUNT MULTIPLE PARAMETERS THAT HAVE BEEN SELECTED BY COMPANY.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE SERVICES AND/OR COMPANY IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY. WITHOUT DEROGATING FROM THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT THAT DESPITE THE FOREGOING COMPANY WILL BE FOUND LIABLE BY ANY COMPETENT AUTHORITY, COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED A TOTAL AMOUNT OF ONE HUNDRED USD (100$).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, agents, licensors and suppliers harmless from and against any losses, expenses, liabilities, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to:
In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to Company contacting Company with the contact details available on the Services, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services and/or Company IPR immediately (including, without limitation, the license set forth in Section 2.1 above), at our sole discretion and without notice. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1, 2.2, 3-14. Without derogating from any other right and remedy provided to Company under law and/or these Terms, Company reserves the right to limit or revoke your license and access to and/or use of the Services and/or the Company IPR in its sole discretion, at any time, and for any reason, including, but not limited to, technical difficulties or violation of these Terms. If your license to use the Services expires or is terminated, Company may, without notice, delete or deny you access to any of the Company IPR, Submitted Materials or meta data that may remain in its possession or control.
If you have any further questions or require further clarification, please contact us by sending an e-mail to Company (contact details available on the Services).
Last updated: 19/1/2017