Terms of Service
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SERVICES (“Terms Of Services”) CAREFULLY BEFORE USING THIS Site OR ANY SERVICES OFFERED BY THIS Site.
By using this Site or goods and services offered by this Site, or printing, downloading, or otherwise using any service from this Site, or registering or becoming a member of this Site, you signify your assent to and agree with these Terms Of Services. If you do not agree to all of these Terms Of Services, please do not use or register with this Site.
Updates and Revisions of our Terms Of Services
This Site may revise and update its Terms Of Services at any time without notice by posting such revised or updated Terms Of Services on or at this Site. Any changes to these Terms Of Services will become effective upon posting such revisions or updates. You are required to periodically check our Terms Of Services for any changes, if you continuously use this Site. Your continued usage of this Site or any of its goods and services will mean that you accept those changes.
No unauthorized copying of content of this Site
By using this Site you agree to prevent any unauthorized copying of this Site, or any of the content contained therein. You represent and warrant that you will not illegally download, copy, or redistribute any of the content appearing on this Site. You will be obligated to immediately destroy any information or content you have illegally downloaded, printed or otherwise copied from this Site.
Third Party Fees
You acknowledge that access to this Site may involve third party fees, such as Internet service provider or airtime charges. You are solely responsible for these fees. In addition, you must provide and are responsible for all equipment necessary to access and use this Site.
Links and third-party advertising
This Site contains or may contain links to other websites, including third-party advertising. We want to highlight that we are not responsible or liable for such other websites or for their Terms Of Services. We do not screen or endorse such other websites. This Site expressly disclaims any liability, directly or indirectly, for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through this Site. Please read these Terms Of Services of each and every of such other websites carefully to find out how these other websites offer and condition their goods and services. If you decide to access any such other websites, you do so entirely at your own risk.
Usernames and Passwords
If a username and a password are given to you by this Site, they shall remain the sole and exclusive property of this Site and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential.
Copyright and Trademark Protection
1. Copyright Protection
All works and content included, contained or offered on this Site, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of the owners of this Site or their content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all content on this Site. We will report and prosecute offenders of our copyrights to the fullest extend of applicable law.
2. Trademark Protection
All logos and other trademarks and service marks which you may find on this Site may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from the owner of these trademarks and service marks. You are not allowed to do anything which may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
Disclaimer of Warranty
THE SERVICE OF THIS Site AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, OR NON-INFRINGEMENT OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION. YOU EXPRESSLY AGREE THAT USE OF THIS Site OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS Site OR THE EMPLOYEES OR AFFILIATES OF THIS Site SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF THIS Site. THIS Site MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS Site. WHEN YOU ACCESS THROUGH THIS Site ANOTHER WEBSITE, PLEASE BE AWARE THAT IT IS COMPLETELY INDEPENDENT; THIS Site HAS NO CONTROL OVER THE CONTENT ON THAT OTHER WEBSITE. THIS Site IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION PROBLEMS OF DOWNLOADED OR OTHERWISE USED CONTENT OF THIS Site OR ANY FORM OF WEBSITE DOWNTIME. THIS Site DOES NOT WARRANT THAT THIS Site WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN OR ON THIS Site WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA WHICH YOU MAY FIND IN OR ON THIS Site.
Limitation of Liability
1. IN NO EVENT WILL THIS Site OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR
- ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS Site, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR OFFERED ON THIS Site OR DOWNLOADED FROM THIS Site, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THIS Site OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS Site, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS Site.
BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THIS Site’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THIS Site’s MAXIMUM TOTAL AGGREGRATE LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES THIS Site IN ANY FORM FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS STARTING FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION.
3. THIS Site OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR THIRD-PARTY SERVICES OFFERED ON OR USED BY THIS Site. THE RESPECTIVE THIRD PARTY, FOR EXAMPLE, PAYMENT SYSTEMS, ETC. IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.
Indemnity
You agree to defend, indemnify, and hold harmless this Site, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, liabilities, and other costs, including, without limitation, reasonable legal, attorneys’ and accounting fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms Of Services, including, without limitation, any breach by you of these Terms Of Services. This Site will promptly notify you by e-mail of any such claim or suit, and cooperate fully, at your expense, in the defense of such claim or suit. This Site may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.
Force Majeure
This Site is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond this Site’s reasonable control, including but not limited to:
- acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters;
- war, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- fiber cuts;
- strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
- failure of the telecommunications or information services infrastructure; and
- hacking, SPAM, or any failure of a computer, server or software.
No Agency Relationship
Nothing in these Terms Of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind between the author and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein.
Termination of Membership
Without limiting other remedies, this Site may issue a warning or terminate your access to this Site at any time, with or without advance notice or permission, if
- We believe that you have breached any material term of these Terms Of Services;
- We are unable to verify or authenticate any information you provide to us;
- We decide to stop operating this Site entirely or parts thereof.
You agree and acknowledge that neither this Site nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or access to this Site. After termination by us, re-registration of you as a user of or on this Site is strictly forbidden. This Site and its affiliates disclaim any and all liability or responsibility arising from fraudulent entry and use of this Site. In case of fraud, we will take all necessary and appropriate actions under applicable federal, state, and international laws.
Notice
Any notice required to be given under these Terms Of Services may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on this Site, or personal delivery by commercial carrier. Notices by you to us shall be given by e-mail or other electronic messages unless otherwise specified in these Terms Of Services. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, e-mail server, or overnight delivery service.
Exclusion of certain international provisions
The owner of this Site and you agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms Of Services.
Rights to Injunctive Relief
This Site and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach of these Terms Of Services, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Attorney’s Fees
In the event any party (you or this Site) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms Of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
No Assignment
Neither these Terms Of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
Severability
If any provision of these Terms Of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms Of Services will continue in full force and effect.
No Waiver
Failure by either party to enforce any provision of these Terms Of Services will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
Headings
Section and subsection headings of these Terms Of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
Entire Agreement
These Terms Of Services constitute the entire agreement between this Site and you with respect to your access and use of this Site and the content contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms Of Services shall be binding unless in writing and signed by both parties. You acknowledge, represent and warrant that you have read these Terms Of Services and agree to be bound by them as part of and in consideration of using this Site and, if you have become a member of this Site, of your membership.
Privacy Policy
This Site’s Privacy Policy is available by clicking on the link ‘Privacy Policy’. Please read the Privacy Policy Section carefully before using this Site.