Terms of Use
Last updated
September 13, 2024
AGREEMENT
TO OUR LEGAL TERMS
We are
Robostack Tech LLP
, doing business as Robostack
( 'Company',
'we', 'us', or 'our' )
, a company registered in
India
at 1st Floor, Gopala
Krishna Complex
,
Residency Road
, Bengaluru
, Karnataka
560025
.
We operate the website
https://www.robostack.ai/
(the 'Site' )
, as well as any other related products
and services that refer or link to these legal terms (the 'Legal Terms' ) (collectively, the 'Services' ).
You can contact us by email at
[email protected]
or by mail to
1st Floor, Gopala Krishna Complex
, Residency
Road
,
Bengaluru
, Karnataka
560025
,
India
.
These Legal Terms
constitute a legally binding agreement made between you, whether personally
or on behalf of an entity (
'you' ), and
Robostack Tech LLP , concerning your access to
and use of the Services. You agree that by accessing the Services, you have
read, understood, and agreed to be bound by all of these Legal Terms. IF YOU
DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with
prior notice of any scheduled changes to the Services you are using. The
modified Legal Terms will become effective upon posting or notifying you by
[email protected] , as stated in the email
message. By continuing to use the Services after the effective date of any
changes, you agree to be bound by the modified terms.
We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR
SERVICES
The information provided when using the Services is
not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the
licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the
'Content' ),
as well as the trademarks, service marks, and logos contained therein (the
'Marks'
).
Our Content and Marks are
protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties
in the United
States and around the world.
The Content and Marks are
provided in or through the Services 'AS
IS' for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms,
including the '
PROHIBITED
ACTIVITIES
' section
below, we grant you a non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal
business purpose .
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any
use of the Services, Content, or Marks other than as set out in this section
or elsewhere in our Legal Terms, please address your request to: [email protected] . If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services
or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not
expressly granted to you in and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.
Your submissions
and contributions
Please review this section and the ' PROHIBITED ACTIVITIES
' section
carefully prior to using our Services to understand the (a) rights you give
us and (b) obligations you have when you post or upload any content through
the Services.
Submissions: By directly sending
us any question, comment, suggestion, idea, feedback, or other information
about the Services ( 'Submissions' ), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may
invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews,
rating suggestions, personal information, or other material ( 'Contributions'
). Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable
by other users of the Services .
When you post Contributions, you grant us a
licence
(including use of your name, trademarks, and logos): By posting
any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and licence to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit
your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions,
and to sublicence the licences granted in this section. Our use and
distribution may occur in any media formats and through any media
channels.
This licence includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or
upload: By sending us Submissions
and/or posting Contributions
through any part of the Services
or making Contributions accessible through the Services by linking your
account through the Services to any of your social networking accounts, you:
-
confirm that you have read and agree with our
' PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; -
to the extent permissible by applicable law,
waive any and all moral rights to any such Submission
and/or Contribution ; -
warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and -
warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You
are solely responsible for your Submissions
and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no
obligation to monitor any Contributions, we shall have the right to remove or
edit any Contributions at any time without notice if in our reasonable opinion
we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your
account and report you to the authorities.
Copyright infringement
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately refer to the
'
COPYRIGHT INFRINGEMENTS
' section
below.
By using the Services, you
represent and warrant that:
(1) all
registration information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update
such registration information as necessary;
(3) you have the legal
capacity and you agree to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; ( 5) you will not access
the Services through automated or non-human means, whether through a
bot, script or
otherwise; (6) you will not use the
Services for any illegal or
unauthorised purpose; and (7) your use of the
Services will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services
(or any portion thereof).
4. USER
REGISTRATION
You
may be required to register to use the Services. You agree
to keep your password confidential and will be responsible
for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the following
forms of payment:
-
You agree to provide
current, complete, and accurate purchase and account information for all
purchases made via the Services. You further agree to promptly update
account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions
and contact you as needed. Sales tax will be added to the price of purchases
as deemed required by us. We may change prices at any time. All payments
shall be in
Indian Rupees .
You agree to pay all
charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorise us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to
refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household,
or per order. These restrictions may include orders placed by or under the
same customer account, the same payment method, and/or orders that use the
same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgement , appear to be placed by dealers, resellers, or
distributors.
6.
SUBSCRIPTIONS
Billing and Renewal
Free Trial
We offer a 30 -day free
trial to new users who register with the Services.
The account will be charged according to the user's
chosen subscription at the end of the free trial.
Cancellation
Fee Changes
7. PROHIBITED
ACTIVITIES
You
may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial
endeavours except those that are
specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorised framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to
transmit) any material that acts as a
passive or active information collection or
transmission mechanism, including without
limitation, clear graphics interchange
formats (
'gifs' ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms' ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences . - Use
the Services as part of any effort to
compete with us.
8. USER
GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and
owner of or have the necessary
licences , rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or
unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing,
libellous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates
these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the
Services.
9. CONTRIBUTION
LICENCE
By
posting your Contributions to any part of the Services
, you automatically grant, and you represent and
warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and
licence to host, use,
copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your
image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such
Contributions, and grant and authorise sublicences
of the foregoing. The use
and distribution may occur in any media formats and
through any media channels.
This
licence will apply to any form, media,
or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We
do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for
any statements or representations in your Contributions
provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
re-categorise any Contributions to place
them in more appropriate locations on the Services; and (3)
to pre-screen or delete any Contributions at any time and
for any reason, without notice. We have no obligation to
monitor your Contributions.
10. SERVICES
MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
11. PRIVACY
POLICY
We care
about data privacy and security. By using the Services, you agree to be bound by
our Privacy Policy posted on the Services, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in
India
. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
India
, then through your continued use of the
Services, you are transferring your data to
India
, and you expressly consent to have your data
transferred to and processed in
India
.
12. COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a 'Notification' ). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
13. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
15. GOVERNING
LAW
These
Legal Terms shall be governed by and defined following the laws of
India
. Robostack Tech LLP and yourself irrevocably
consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise
in connection with these Legal Terms.
16. DISPUTE
RESOLUTION
Informal Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a
'Dispute' and collectively, the 'Disputes' )
brought by either you or us (individually, a
'Party' and collectively, the 'Parties' ), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty
(30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in
connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which,
as a result of referring to it, is considered as the part of this clause. The number
of arbitrators shall be one (1) . The seat, or legal
place, or arbitration shall be
Bangalore ,
India
. The language of the proceedings shall be English
. The governing law of these Legal Terms shall be substantive law of
India
.
Restrictions
The Parties agree that any arbitration
shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilise
class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or
any other persons.
17. CORRECTIONS
There may be information on the Services
that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
18.
DISCLAIMER
THE SERVICES ARE PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED 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 THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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 JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE three (3)
mONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations
and warranties set forth in these Legal Terms; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defence
and control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our
defence of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
23. MISCELLANEOUS
These Legal Terms and any
policies or operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all
defences you may have based on the electronic form
of these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
24. CONTACT
US
In order to resolve a
complaint regarding the Services or to receive further information regarding use
of the Services, please contact us at: