Last updated
October 06, 2022
AGREEMENT TO OUR LEGAL
TERMS
We
are
WEBXDEVELOPERS
(
"Company,"
"we," "us," "our" )
,
a company registered
in
India
at
18, Neeraj
Nagar, Gailana
Road
,
Near Asopa
Hospital
,
Agra
,
Uttar
Pradesh
282007
.
We
operate the
website
https://www.webxdevelopers.com
(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
phone at +91 9105215252 , email at
hello@webxdevelopers.com
, or by mail to E-128/2, Main Market Mohammadpur Bhikaji Cama
Place
, New Delhi
, New Delhi
110066
,
India
.
These
Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you" ),
and
WEBXDEVELOPERS , 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 hello@webxdevelopers.com ,
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.
The Services are
not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the
Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
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 license 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: hello@webxdevelopers.com . 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
license
(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 license
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 sublicense the
licenses granted in this
section. Our use and distribution may
occur in any media formats and through any media channels.
This license 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 licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissionsand/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) you have the
legal capacity and you agree to
comply with these Legal Terms;
(2) you are not
a
minor in the jurisdiction in which you reside
; ( 3) you will not
access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (4) you will not
use the Services for any illegal
or unauthorized
purpose; and (5) 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).
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
INR .
You
agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you
authorize 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
judgment , appear to be
placed by dealers, resellers, or
distributors.
5. POLICY
All sales are
final and no refund will be issued.
6. 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 endeavors except those that
are specifically endorsed or
approved by us.
As
a user of
the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- 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
unauthorized 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.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- 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.
-
Except
as may be the result of standard search
engine or Internet browser
usage, use, launch, develop, or
distribute any automated system,
including without limitation, any
spider, robot, cheat utility, scraper,
or offline reader that accesses the
Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make
any
unauthorized 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 falsepretenses . -
Use
the Services as part of any effort to
compete with us or otherwise use
the Services and/or the Content for any
revenue-generating
endeavor or commercial enterprise.
7. 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
licenses , rights, consents, releases, and permissions to use and toauthorize 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
unauthorized 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,
libelous , 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.
8. CONTRIBUTION
LICENSE
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 license
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
authorize sublicenses of
the foregoing. The use and
distribution may occur in any media formats and
through any media channels.
This
license
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-categorize 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.
9. 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.
10. PRIVACY
POLICY
We
care about data privacy and
security. Please review our Privacy Policy:
https://www.webxdevelopers.com/privacy-policy
. By using the Services, you agree to be bound by our
Privacy Policy, 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
.
11. 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.
12. 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
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.
13. 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.
14. GOVERNING
LAW
These
Legal Terms shall be governed
by and defined following the laws of
India
. WEBXDEVELOPERS 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.
15. DISPUTE
RESOLUTION
You agree to irrevocably submit all disputes
related to these Legal Terms or the
legal relationship established by these Legal Terms to the jurisdiction of
the
India
courts. WEBXDEVELOPERS shall also
maintain the right to bring proceedings as to the substance of the matter in
the courts of the country where
you reside or, if these Legal Terms are entered into in the course of your
trade or profession, the state of
your principal place of business.
16. 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.
17.
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
UNAUTHORIZED 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 JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
18. 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.
19. 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 defense
and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at
your expense, with our defense
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.
20. 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.
21. 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.
22. CALIFORNIA
USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite
N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
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 defenses
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:
These terms of use were created using Termly's Terms and Conditions
Generator.