Interpretation and Definitions
Interpretation
Any term written with a capital first letter carries the meaning assigned to it under the conditions set out below. These definitions keep the same meaning whether they are used in the singular or the plural.
Definitions
Within these Terms and Conditions, the following terms apply:
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Affiliate means any entity that controls, is controlled by, or shares common control with a party, where "control" refers to holding 50% or more of the shares, equity stake, or other voting securities that elect directors or other managing bodies.
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Device means any equipment able to reach the Service, such as a computer, a mobile phone, or a digital tablet.
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Service means the Website.
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Terms and Conditions (also called the "Terms") mean these Terms and Conditions, which make up the whole agreement between You and the Company concerning use of the Service.
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Third-party Social Media Service means any services or content (including data, information, products, or services) supplied by a third party that the Service may show, include, or make available.
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You means the person who accesses or uses the Service, or the company or other legal entity for which that person is accessing or using the Service, as the case may be.
Acknowledgment
These are the Terms and Conditions that govern use of this Service and the agreement in force between You and the Company. They lay out the rights and responsibilities of all users regarding use of the Service.
Your access to and use of the Service depend on Your acceptance of and adherence to these Terms and Conditions. They apply to every visitor, user, and anyone else who accesses or uses the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any portion of them, You may not access the Service.
You confirm that You are over 18 years of age. The Company does not allow anyone under 18 to use the Service.
Your access to and use of the Service also depend on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy explains how We collect, use, and disclose Your personal information when You use the Application or the Website, and it sets out Your privacy rights along with how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may include links to third-party websites or services that the Company neither owns nor controls.
The Company has no control over, and takes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be held responsible or liable, whether directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the use of, or reliance on, any such content, goods, or services available on or through those websites or services.
We strongly encourage You to read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We may end or suspend Your access at once, without prior notice or liability, for any reason at all, including but not limited to Your breach of these Terms and Conditions.
Once terminated, Your right to use the Service will stop immediately.
Limitation of Liability
Regardless of any damages You may suffer, the total liability of the Company and any of its suppliers under any provision of these Terms, and Your sole remedy for all of the above, shall be capped at the amount You have actually paid through the Service, or 100 USD if You have not purchased anything through the Service.
To the fullest extent allowed by applicable law, the Company and its suppliers shall in no case be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for lost profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising from or in any way connected to the use of, or inability to use, the Service, any third-party software and/or third-party hardware used with the Service, or otherwise relating to any provision of these Terms), even where the Company or any supplier has been warned of the possibility of such damages and even where the remedy fails to achieve its essential purpose.
Some states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so certain of the above limitations may not apply to You. In those states, each party’s liability will be restricted to the greatest degree allowed by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is supplied to You "AS IS" and "AS AVAILABLE," with all faults and defects and without any warranty. To the fullest extent permitted under applicable law, the Company, acting for itself and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims every warranty, whether express, implied, statutory, or otherwise, in relation to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that may arise from course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company gives no warranty or commitment, and makes no representation of any kind, that the Service will meet Your needs, deliver any intended results, be compatible or function with any other software, applications, systems, or services, run without interruption, meet any performance or reliability benchmarks, or be free of errors, or that any errors or defects can or will be fixed.
Without limiting the above, neither the Company nor any of its providers makes any representation or warranty of any kind, express or implied: (i) regarding the operation or availability of the Service, or the information, content, materials, or products contained in it; (ii) that the Service will be uninterrupted or free of errors; (iii) as to the accuracy, reliability, or timeliness of any information or content made available through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not permit the exclusion of certain kinds of warranties or limits on a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. In that event, however, the exclusions and limitations described in this section shall apply to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, apart from its conflict-of-law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute regarding the Service, You agree to first attempt to settle it informally by getting in touch with the Company.
For European Union (EU) Users
If You are a consumer in the European Union, You will have the benefit of any mandatory provisions under the law of the country where You reside.
United States Legal Compliance
You represent and warrant that (i) You are not located in any country that is under a United States government embargo or that the United States government has labeled a "terrorist supporting" country, and (ii) You do not appear on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified and construed so as to achieve its objectives as far as possible under applicable law, and the remaining provisions will stay in full force and effect.
Waiver
Except as set out in these Terms, a party’s failure to exercise a right or to insist on performance of an obligation under these Terms will not affect that party’s ability to exercise the right or demand performance later, nor will waiving one breach amount to waiving any later breach.
Translation Interpretation
These Terms and Conditions may have been translated where We have provided them to You through our Service. You agree that, in the event of a dispute, the original English version shall take precedence.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to change or replace these Terms at any time. Where a revision is significant, We will make reasonable efforts to give at least 30 days’ notice before the new terms take effect. What counts as a significant change will be decided at Our sole discretion.
By continuing to access or use Our Service once those revisions take effect, You agree to be bound by the revised terms. If You do not accept the new terms, in whole or in part, please stop using the website and the Service.