Interpretation and Definitions
Interpretation
Terms whose first letter is capitalized carry the meanings established under the conditions that follow. These definitions hold the same meaning whether written in singular or plural form.
Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
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Affiliate refers to any entity that controls, is controlled by, or shares common control with a party, where "control" means holding 50% or more of the shares, equity interest, or other securities carrying voting rights for the election of directors or other managing authority.
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Device refers to any equipment that can access 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 that make up the whole agreement between You and the Company concerning Your 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 an outside party that the Service may display, incorporate, 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 is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions that govern the use of this Service and constitute the agreement in force between You and the Company. They lay out the rights and duties of all users with respect to the use of the Service.
Your access to and use of the Service depends 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 object to any portion of them, then 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 rests 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 informs You of Your privacy rights and the ways 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 holds 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, whether directly or indirectly, for any damage or loss caused or said to be caused by or in connection with the use of or reliance on any such content, goods, or services offered on or through those websites or services.
We strongly recommend that You 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 advance notice or liability, for any reason at all, including but not limited to a breach by You 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, will be capped at the amount You have actually paid through the Service or at 100 USD if You have not bought anything through the Service.
To the fullest extent allowed by applicable law, under no circumstances 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 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, 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 of its essential purpose.
Certain states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means some of the limitations above may not apply. In those states, each party’s liability will be restricted to the greatest degree the law allows.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is supplied to You "AS IS" and "AS AVAILABLE," with all faults and defects and without warranty of any sort. To the fullest extent applicable law permits, 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 might arise from course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company offers no warranty or commitment, and makes no representation of any kind, that the Service will satisfy Your requirements, produce 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 what is stated above, neither the Company nor any of its providers makes any representation or warranty of any kind, whether express or implied: (i) about the operation or availability of the Service, or of the information, content, materials, or products contained within it; (ii) that the Service will be uninterrupted or error-free; (iii) about the accuracy, reliability, or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or the emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful elements.
Certain jurisdictions do not permit the exclusion of particular kinds of warranties or limits on a consumer’s applicable statutory rights, so some or all of the exclusions and limitations above may not apply to You. In that event, however, the exclusions and limitations set out in this section will be applied to the fullest extent enforceable under applicable law.
Governing Law
The laws of the Country, apart from its conflict-of-law rules, will govern these Terms and Your use of the Service. Your use of the Application may additionally be subject to other local, state, national, or international laws.
Disputes Resolution
Should 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 enjoy the protection of any mandatory provisions of the law of the country where You reside.
United States Legal Compliance
You represent and warrant that (i) You are not situated in a 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 to fulfill its objectives as far as possible under applicable law, and the remaining provisions will stay in full force and effect.
Waiver
Except as stated in these Terms, a party’s failure to exercise a right or to insist on the performance of an obligation will not diminish its ability to exercise that right or demand that performance later on, nor will waiving one breach amount to waiving any breach that follows.
Translation Interpretation
These Terms and Conditions may have been translated where We have provided them to You on Our Service. You agree that, in the event of a dispute, the original English version will 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 material, We will make reasonable efforts to give at least 30 days’ notice before the new terms take effect. What counts as a material 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.