Interpretation and Definitions
Interpretation
Words whose first letter is capitalized carry the meanings defined below. These definitions hold the same meaning whether they appear in singular or plural form.
Definitions
Under these Terms and Conditions, the following definitions apply:
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Affiliate refers to any entity that controls, is controlled by, or is under common control with a party, where "control" means owning 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
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Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
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Service means the Website.
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Terms and Conditions (also called the "Terms") are these Terms and Conditions, which make up the entire agreement between You and the Company concerning use of the Service.
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Third-party Social Media Service means any service or content (including data, information, products, or services) supplied by a third party that the Service may display, include, or make available.
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You means the person accessing or using the Service, or the company or other legal entity on whose behalf that person accesses or uses the Service, as applicable.
Acknowledgment
These are the Terms and Conditions that govern use of the Service and form the agreement between You and the Company. They set out the rights and obligations of all users regarding use of the Service.
Your access to and use of the Service depend on Your acceptance of and compliance with these Terms and Conditions, which apply to every visitor, user, and other person 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 part of them, You may not access the Service.
You confirm that You are over the age of 18; the Company does not permit 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. That Privacy Policy explains how We collect, use, and disclose Your personal information when You use the Application or the Website, and sets out Your privacy rights and the legal protections available to You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
The Service may contain 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 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged 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 advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Regardless of any damages You may incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, is limited to 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 permitted by applicable law, in no event will the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply. In those states, each party’s liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE," with all faults and defects and without warranty of any kind. To the fullest extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included on it; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided 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 allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In that case, the exclusions and limitations set forth in this section will be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, 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 about the Service, You agree to first try to resolve it informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated where We have made them available to You on Our Service. You agree that, in the event of a dispute, the original English text shall prevail.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.