This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of MUDISCH’s websites, services (collectively, the “Service”), each owned and operated by MUDISCH Holdings Ltd. (“MUDISCH”, “we”, “our” or “us”).
Please read the Terms carefully before using the Service. If you don’t agree to the Terms, as well as MUDISCH’s Privacy Policy (the “Privacy Policy”) and MUDISCH’s Community Guidelines (the “Community Guidelines”), you may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.
1. Your MUDISCH Account. If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MUDISCH may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MUDISCH liability. You must immediately notify MUDISCH of any unauthorized uses of your Account or any other breaches of security. MUDISCH will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. For paid Accounts (each, a “Paid Account”), MUDISCH deems the person under whose name appears on the credit or charge card or other payment methods that pays the charges for the Service to be the owner of the Paid Account. If a corporate or other organization’s name appears on the credit or charge card or other payment methods, that corporation or organization is deemed to be the owner. If any dispute arises as to who owns or controls a Paid Account, your most recently provided payment method will continue to be charged and you will be responsible to pay for the Service until MUDISCH receives written confirmation from the Paid Account email address confirming a change in ownership and control of the Paid Account.
2. Fees and Renewals. Pricing for Paid Accounts will be provided at the time of purchase. Unless otherwise set out at the time of purchase or as agreed to by MUDISCH, fees for a Paid Account will be billed in advance for each year and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your Paid Account remains open but you do not use the Service.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Service or through email notification to you. You will be liable to pay such modified billing rates.
Subject to your payment of applicable fees for a Paid Account, we will provide the Service to you for the period of time that you have paid for such Service (the “Subscription Period”). At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional Subscription Period until it is expressly cancelled by you as described in the “Termination” section below.
Fees and Renewals. Pricing for Paid Accounts will be provided at the time of purchase. Unless otherwise set out at the time of purchase or as agreed to by MUDISCH, fees for a Paid Account will be billed in advance for each year and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your Paid Account remains open but you do not use the Service. We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Service or through email notification to you. You will be liable to pay such modified billing rates.
Subject to your payment of applicable fees for a Paid Account, we will provide the Service to you for the period of time that you have paid for such Service (the “Subscription Period”). At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional Subscription Period until it is expressly canceled by you as described in the “Termination” section below.
Please read the Terms carefully before using the Service. If you don’t agree to the Terms, as well as MUDISCH’s Privacy Policy (the “Privacy Policy”) and MUDISCH’s Community Guidelines (the “Community Guidelines”), you may not use the Service. If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.
1. Your MUDISCH Account. If you create an account on the Service (your “Account”), you are responsible for maintaining the security of your Account and its Content (as defined below), and you are fully responsible for all activities that occur under your Account and any other actions taken on the Service. You must not describe or assign Content to your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MUDISCH may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MUDISCH liability. You must immediately notify MUDISCH of any unauthorized uses of your Account or any other breaches of security. MUDISCH will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. For paid Accounts (each, a “Paid Account”), MUDISCH deems the person under whose name appears on the credit or charge card or other payment methods that pays the charges for the Service to be the owner of the Paid Account. If a corporate or other organization’s name appears on the credit or charge card or other payment methods, that corporation or organization is deemed to be the owner. If any dispute arises as to who owns or controls a Paid Account, your most recently provided payment method will continue to be charged and you will be responsible to pay for the Service until MUDISCH receives written confirmation from the Paid Account email address confirming a change in ownership and control of the Paid Account.
2. Fees and Renewals. Pricing for Paid Accounts will be provided at the time of purchase. Unless otherwise set out at the time of purchase or as agreed to by MUDISCH, fees for a Paid Account will be billed in advance for each year and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your Paid Account remains open but you do not use the Service.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Service or through email notification to you. You will be liable to pay such modified billing rates.
Subject to your payment of applicable fees for a Paid Account, we will provide the Service to you for the period of time that you have paid for such Service (the “Subscription Period”). At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional Subscription Period until it is expressly cancelled by you as described in the “Termination” section below.
Fees and Renewals. Pricing for Paid Accounts will be provided at the time of purchase. Unless otherwise set out at the time of purchase or as agreed to by MUDISCH, fees for a Paid Account will be billed in advance for each year and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your Paid Account remains open but you do not use the Service. We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Service or through email notification to you. You will be liable to pay such modified billing rates.
Subject to your payment of applicable fees for a Paid Account, we will provide the Service to you for the period of time that you have paid for such Service (the “Subscription Period”). At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional Subscription Period until it is expressly canceled by you as described in the “Termination” section below.
Services
A.These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of the Company’s website, other offerings, and any other of the services offered by the Company in existence now or in the future.
B.The Service may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website.
C.Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
B.The Service may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website.
C.Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
Permissions and Restrictions
The Company hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
● You agree not to access Content through any technology or means other than through the Service or those explicitly authorized means the Company may designate.
● Prohibited commercial uses do not include:
any use that the Company expressly authorizes in writing.
● In your use of the Service, you will comply with all applicable laws.
● You will not use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming.
● You will not violate any laws or third party rights or violate or fail to comply with all rules, regulations, procedures and policies of the Company.
● You agree not to post false, inaccurate, misleading, defamatory or libelous content (including personal information).
● You agree not to distribute or post spam, unsolicited, or bulk electronic communications, chain letters or pyramid schemes.
● You agree to not transmit or distribute viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful or deleterious programs or any other technologies that may harm the Company, or the interests or property of the Company’s Service or its users.
● You agree not to create a false identity or forged email address, or otherwise attempt to mislead others as to your identity.
● You agree to not impersonate any other person or entity or misrepresent your affiliation with any other person or entity.
● You agree not to use the Service to create or distribute any images, sounds, messages or other materials, which are harassing, racist, malicious, fraudulent or libelous, nor use the Service for any activity that may be considered or are unethical, immoral or illegal.
● You agree not to attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means.
● You agree that the Company has the right to retain information for legal purposes and paid transaction purposes. As more fully detailed in our Privacy Policy, data submitted to publishers, including but not limited to images, emails, credits, etc., will be maintained by the Company after public data is removed.
● You agree that all communication between submitters and publishers occurs on Site’s submission notification platform. If a dispute arises where one party communications outside of the Site’s submission notification platform, the Company reserves the right to resolve the dispute in favor of the party that has used the Site’s submission notification platform to communicate.
● Publishers agree that responses to submitters must be within five 3 to 7 business days. Responses that are outside of a reasonable time may result in penalization up to and including removal from the Site.
● Publishers are solely responsible for the accuracy of their payment information. The Company shall have no liability in regard to the accuracy of a user’s payment information.
● The Company reserves the right to discontinue any aspect of the Service at any time.
● You agree not to access Content through any technology or means other than through the Service or those explicitly authorized means the Company may designate.
● Prohibited commercial uses do not include:
any use that the Company expressly authorizes in writing.
● In your use of the Service, you will comply with all applicable laws.
● You will not use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming.
● You will not violate any laws or third party rights or violate or fail to comply with all rules, regulations, procedures and policies of the Company.
● You agree not to post false, inaccurate, misleading, defamatory or libelous content (including personal information).
● You agree not to distribute or post spam, unsolicited, or bulk electronic communications, chain letters or pyramid schemes.
● You agree to not transmit or distribute viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful or deleterious programs or any other technologies that may harm the Company, or the interests or property of the Company’s Service or its users.
● You agree not to create a false identity or forged email address, or otherwise attempt to mislead others as to your identity.
● You agree to not impersonate any other person or entity or misrepresent your affiliation with any other person or entity.
● You agree not to use the Service to create or distribute any images, sounds, messages or other materials, which are harassing, racist, malicious, fraudulent or libelous, nor use the Service for any activity that may be considered or are unethical, immoral or illegal.
● You agree not to attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means.
● You agree that the Company has the right to retain information for legal purposes and paid transaction purposes. As more fully detailed in our Privacy Policy, data submitted to publishers, including but not limited to images, emails, credits, etc., will be maintained by the Company after public data is removed.
● You agree that all communication between submitters and publishers occurs on Site’s submission notification platform. If a dispute arises where one party communications outside of the Site’s submission notification platform, the Company reserves the right to resolve the dispute in favor of the party that has used the Site’s submission notification platform to communicate.
● Publishers agree that responses to submitters must be within five 3 to 7 business days. Responses that are outside of a reasonable time may result in penalization up to and including removal from the Site.
● Publishers are solely responsible for the accuracy of their payment information. The Company shall have no liability in regard to the accuracy of a user’s payment information.
● The Company reserves the right to discontinue any aspect of the Service at any time.
Content and Conduct
● As a user you may submit Content to the Service. You understand that the Company does not guarantee any confidentiality with respect to any Content you submit.
● You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant, if applicable, that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
● For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Company, its Site or Service, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and the Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service. You understand and agree, however, that the Company may retain, but not publicly display or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you also apply to user comments you submit and are perpetual and irrevocable.
● You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
● The Company does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Company will remove all Content if properly notified that such Content infringes on another's intellectual property rights. The Company reserves the right to remove Content without prior notice.
● You represent and warrant that;
1) all Content submitted to the Service is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by this these Terms of Service, and that you have the right to grant the rights granted herein without violating the rights of any third party.
2) the Content and the posting thereof on the site does not and will not, in anyway, violate or infringe upon the rights of any third party.
3) the Company shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content unless otherwise agreed by the Company.
● The Company maintains a policy of cooperating with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Service through self-help, moderation, active investigation, litigation and prosecution.
● You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant, if applicable, that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
● For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Company, its Site or Service, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and the Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service. You understand and agree, however, that the Company may retain, but not publicly display or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you also apply to user comments you submit and are perpetual and irrevocable.
● You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
● The Company does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Company will remove all Content if properly notified that such Content infringes on another's intellectual property rights. The Company reserves the right to remove Content without prior notice.
● You represent and warrant that;
1) all Content submitted to the Service is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by this these Terms of Service, and that you have the right to grant the rights granted herein without violating the rights of any third party.
2) the Content and the posting thereof on the site does not and will not, in anyway, violate or infringe upon the rights of any third party.
3) the Company shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content unless otherwise agreed by the Company.
● The Company maintains a policy of cooperating with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Service through self-help, moderation, active investigation, litigation and prosecution.
Fees and Refunds
A. The Company has the right to increase the per transaction charges at any time.
B. If a publisher has outstanding refund charges or unpaid plan charges, the Company has the right to garnish or withhold existing revenue for the particular publisher in order to satisfy the outstanding charges.
B. If a publisher has outstanding refund charges or unpaid plan charges, the Company has the right to garnish or withhold existing revenue for the particular publisher in order to satisfy the outstanding charges.
Account Termination Policy
A. Unless otherwise required by law, the Company may, but is not obligated to, issue refunds to users whose accounts have been terminated.
B. The Company reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement. The Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
B. The Company reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement. The Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Copyright Policy
A. As part of the Company’s copyright policy, the Company will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
B. The Company makes no claim as to whether submitters have the rights to their submissions and the Company does not perform any investigation into whether submitters have the proper rights. Publishers are solely responsible to obtain proper documentation to verify submitters have the proper rights.
B. The Company makes no claim as to whether submitters have the rights to their submissions and the Company does not perform any investigation into whether submitters have the proper rights. Publishers are solely responsible to obtain proper documentation to verify submitters have the proper rights.
Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by the Company on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Company or the respective licensors of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company and Service with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by the Company on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Company or the respective licensors of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company and Service with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS COMPANY’S PRODUCTS OR SERVICES OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO THE PRODUCTS OR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR 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 OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR 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 OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR (7) ANY VIOLATIONS OF COPYRIGHT, TRADEMARK, PATENT OR ANY OTHER TYPE OF INTELLECTUAL PROPERTY UPLOADED BY USERS, SUBMITTERS OR PUBLISHERS AND FURTHER, USERS, SUBMITTERS AND PUBLISHERS AGREE TO HOLD HARMLESS THE COMPANY FROM ANY DAMAGES, TO THE EXTENT ALLOWABLE UNDER LAW, ARISING FROM CLAIMS OF INFRINGEMENT BASED ON SUBMISSIONS BY USERS, SUBMITTERS AND PUBLISHERS.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, THE COMPANY LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE COMPANY WILL NOT BE LIABLE FOR UNFULFILLED SERVICES OFFERED BY PUBLISHERS AND MAKES NO GUARANTEES TO THE SERVICES OFFERED BY PUBLISHERS.
The Service is controlled and offered by the Company from its facilities in the United Kingdom. The Company make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, THE COMPANY LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE COMPANY WILL NOT BE LIABLE FOR UNFULFILLED SERVICES OFFERED BY PUBLISHERS AND MAKES NO GUARANTEES TO THE SERVICES OFFERED BY PUBLISHERS.
The Service is controlled and offered by the Company from its facilities in the United Kingdom. The Company make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its members, managers, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
1) your use of and access to the Service.
2) your violation of any term of these Terms of Service.
3) your violation of any third party right, including without limitation any copyright, property, or privacy right.
4) any claim that your Content caused damage to a third party.
5) your promotion of contests, sweepstakes or related events. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
1) your use of and access to the Service.
2) your violation of any term of these Terms of Service.
3) your violation of any third party right, including without limitation any copyright, property, or privacy right.
4) any claim that your Content caused damage to a third party.
5) your promotion of contests, sweepstakes or related events. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Legal Fees
In the event that the Company employs an attorney and/or commences legal proceedings to enforce the provisions in these Terms of Service, the Company shall be entitled to recover from all of the Company’s attorney’ fees, disbursements of counsel, court costs, expenses of investigation, expert fees, and all other costs and expenses incurred by the Company in connection with such enforcement.
General
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service, together with the Privacy Notice and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service, together with the Privacy Notice and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.