Terms of service.
The service may offer subscriptions that automatically renew. Please read these Terms of Use
carefully before completing a purchase for auto-renewing subscription service. To avoid being charged
you must affirmatively cancel a subscription in your app store’s account settings at least 24 hours
before the end of the current subscription period.
If you are unsure how to cancel a subscription, please visit the Apple support website. Deleting the app
does not cancel your subscriptions.
PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 11 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICE(S). THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT.
FURTHERMORE, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND A CLASS ACTION WAIVER.
These Terms and Conditions (the "Agreement") govern the relationship between you and Pepitama Limited, a legal entity incorporated under the laws of the Republic of Cyprus, having its registered office at loanni Mina, 8, Agios loannis, 4871, Limassol, Cyprus (we* "us" "our" or the "Company') regarding your use of the Company's website and other services (the "Website" or the "Service").
We may change these Terms on this page of the Website. We may notify you specifically about some critical changes, but are not obliged to do so in every case. Use of the Service after any changes are made means that you accept such changes. After getting notice of changes of the Terms, if you do not object and opt-out of the amended Terms within fourteen (14) days, the amended version of the Terms is binding upon you.
1. Eligibility
1.1. You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website is not permitted where prohibited by law.
2. Registration
2.1. You may register the account on the Website and become a User of the Service at no cost.
2.2. To become a User, you need to create an account by providing information as prompted by the registration form or as required by applicable law.
2.3. We may also allow you to register by using your social network credentials.
2.4. Services are for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service for any purpose.
3. Requirements to Profiles
3.1. When registering, you are prohibited from selecting or using a username, which contains:
3.1.1. the name of another person with the intent to impersonate that person;
3.1.2. a name that is subject to any rights of a person other than you without appropriate authorization; or
3.1.3. a name that is otherwise offensive, vulgar, or obscene.
3.2. Please note that we prohibit including in any Section of your User profile any telephone numbers, street addresses, email addresses, links to pages, profiles and other content from social networks, other personal contact information, your last name or any URLs.
3.3. We reserve the right to reject any username or to terminate your username and give such username to another User of the Service at our sole discretion, and without any liability to you.
4. Representations and Warranties from Users
4.1. By using the Service, you represent and warrant that:
4.1.1. you have never been convicted of a felony;
4.1.2. you are not required to register as a sex offender with any government entity;
4.1.3. all information you include in your User profile is accurate, current, and complete;
4.1.4. you will ensure that this information is kept accurate and up-to-date at all times;
4.1.5. you will notify us immediately of any change in your contact details, including your email address;
4.1.6. you will not conceal from those with whom you correspond any information regarding infectious or incurable diseases, physical or psychological handicap, disabilities, or disorders you may have or may believe that you have, or any other adverse elements that may be deemed by a reasonable person to be unsuitable for relationships.
4.1.7. your use of the Service is in accordance with any and all applicable laws and regulations;
4.1.8. you have the right, authority, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement;
4.1.9. you will not be engaged into any kind of activities that are prohibited.
5. Prohibited Activities of Users
5.1. This is a list of activities that we prohibit on the Website:
5.1.1. You shall not share any personal details with other Users of the Service other than through contact exchange feature on the Website. Any other instances of exchanging your personal information with other Users of the Service are at your own risk, and you hereby agree and accept such risk;
5.1.2. You shall not create duplicate profiles;
5.1.3. You shall not create an account with your friend or significant other;
5.1.4. You shall not upload, post, email, transmit or otherwise make available to other Users any chain letters or junk email, commercial advertisements, or any other form of commercial solicitation;
5.1.5. You shall not "stalk" or otherwise harass any person on the Service;
5.1.6. You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
5.1.7. You shall not post, transmit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
5.1.8. You shall not remove any copyright, trademark, or other proprietary rights notices contained on the Service;
5.1.9. You shall not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website;
5.1.10. You shall not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
5.1.11. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
5.1.12. You shall not make illegal and/or unauthorized uses of the Services, including, but not limited to, collecting usernames and/or email addresses of other Users posted on the Service by any means for the purpose of sending unsolicited emails and/or unauthorized framing of, or linking to, the Service;
5.1.13. You shall not "frame" or "mirror" any part of the Service or the Website, without Company prior written authorization. You also shall not use metatags or code or other devices containing any reference to Company or the Service or the Website in order to direct any person to any other website for any purpose;
5.1.14. You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so;
5.1.15. You shall not post or otherwise transmit any pornographic materials;
5.1.16. You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Service, User accounts, or the technology and equipment supporting the Service;
5.1.17. You shall not post or otherwise transmit incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5.1.18. You shall not disclose personal information about another person or harass, abuse, or post or otherwise transmit objectionable material;
5.1.19. You shall not post or otherwise transmit advertising or marketing links or content, except as specifically allowed by this Agreement;
5.1.20. You shall not conduct any kind of advertising to, or solicitation of, from one Users to other Users on the Service or using information obtained via the Service, unless you have not obtained specific consent to it from us;
5.1.21. You shall not use the Service in an unlawful or illegal way or commit an illegal act in relation to the Service including, without limitation, all laws associated with international money transfers;
5.1.22. You shall not access the Service from a jurisdiction where it is illegal or unauthorized;
5.1.23. You shall not collect usernames and/or email addresses of Users or Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service;
5.1.24. You shall not create any databases, websites, software, legal entities, and/or services that compete with the Website;
5.1.25. You shall not access or use (or attempt to access or use) the Service in any way that violates this Agreement.
6. Our Rights Regarding Violations of Warranties and Prohibitions by You
6.1. We may conduct an investigation regarding possible breaches of the mentioned requirements from you. We reserve the right to ask for any additional documents and information necessary for investigation in accordance with our Privacy Policy.
6.2. If such investigation shows that there is a violation by you, we deactivate your profile on the Website. In addition, we may take appropriate legal action against you because of such violation, without limitation, seeking civil, criminal, and injunctive redress.
7. Payments and Refunds
7.1. Сertain features of the Service may be offered for a fee. You can make a purchase through an
App Store (the “Purchase”).
7.2. To the maximum extent permitted by applicable laws, we may change the Purchase fee at any
time. We will give you reasonable notice of any such pricing changes by posting the new prices on or
through the App and/or by sending you an email notification.
7.3. You authorize the App Stores to charge the applicable fees to the payment method that you
submit.
7.4. Our Service may offer subscriptions that automatically renew. Unless you cancel your
subscription before the end of the subscription period, you authorize the App Store to charge you for the
renewal term. The terms of autorenewal and cancellation procedure will be disclosed to you on the
Service.
7.5. Purchases made via an App Store are subject to such App Store's refund policies. This means
when a Purchase is made through an App Store, we cannot grant refunds. You will have to contact an
App Store support.
7.6. To the extent permitted by applicable law, purchases made via our website are non-refundable
and/or non-exchangeable, unless otherwise is stated herein or is required by applicable law.
8. VIRTUAL ITEMS
8.1. Our Services may include Virtual Items. These items can be earned through gameplay or “purchased” with legal currency.
8.2. You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Items does not reflect any stored value.
8.3. We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.
8.4. You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any "loss" of or "damage" to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.
8.5. If we suspend or terminate your Account due to your breach of these Terms you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
8.6. If you successfully request that your personal data be deleted in accordance with the Privacy Зщдшсн, you will permanently lose all your Virtual Items, and other Account information, will not have any right to refund. Once deleted, we can no longer associate such any Virtual Items with you.
9. INTERACTION BETWEEN USERS
9.1. You are solely responsible for your interactions with other Users. We are not responsible for the course of communication between our Users, including its quality, duration, motivation of the Users and any other possible issues.
9.2. Use caution and common sense when using the Service, especially when providing any information to other Users, including personal and financial information.
9.3. You acknowledge and agree:
9.3.1. to assume all risks when interacting with any other User while using the Service, including, but not limited to, sharing confidential information, sending money;
9.3.2. not to provide your financial information to other Users;
9.3.3. to take reasonable precautions in all interactions with other Users during both online and offline interaction.
9.3.4. Please note that we disclaim all liability associated with the mentioned risks.
9.4. You assume all risk associated with interacting with any and all Users or other third parties, including without limitation the risk that information about a certain User posted on the Service or information provided by a User in the course of interactions with other Users via the Service may be false or misleading.
9.5. Please note that we shall not be liable for any disputes or disagreements between you and any other User or third party you interact with using the Service.
9.6. You release Company of all claims, demands, and damages in disputes among Users of the Service or other third parties. You also agree not to involve us in such disputes. You agree to resolve disputes directly with the other party.
9.7. To the fullest extent permitted by law, in no event shall Company or its affiliates, officers, employees, agents, partners, and licensors (collectively, the "released parties") be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of, or relating to, the conduct of you or anyone else in connection with the use of the Service, including, without limitation, bodily injury, emotional distress, loss of business, lost profits, trade secret misappropriation, intellectual property infringement, and/or any other damages resulting from communications or meetings with other Users of this Service or persons you meet through the Service.
9.8. All Users of the Service hereby expressly agree not to sue or hold liable the released parties for any instruction, advice or services that originated through the Service, and the released parties expressly disclaim any liability whatsoever, to the fullest extent permitted by law, for any damage, suits, claims, and/or controversies that arise or are related in any way to the service, the information provided through the Service and/or the interaction(s) between any Users of the Service, whether arising under contract, tort or otherwise.
10. Termination of Account
10.1. We may suspend or terminate your use of the Services and/or Membership at any time, at our sole discretion without cause and without notice.
10.2. The decision regarding termination or blocking of the account is made each time by the Company’s Customer Service at its sole discretion.
10.3. In particular, termination of account is possible as a result of its inactivity for three months, violation of these Terms, security reasons, etc.
10.4. You may terminate your Membership at any time, for any reason, by contacting our Customer Service online at [email protected].
11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION 11 ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
11.1. Applicability of Arbitration Agreement.
11.1.1. This Arbitration Agreement governs any dispute between you and Company (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
11.1.2. The relevant arbitrator shall have sole authority to determine applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
11.2. Initial Dispute Resolution.
Most disputes can be resolved without resort to arbitration. If you have any dispute with Company, you agree that before taking any formal action, you will contact us at [email protected], and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Company, and good faith negotiations will be a condition to either party initiating an arbitration.
11.3. Binding Arbitration.
11.3.1. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services will be finally settled by binding arbitration before one arbitrator administered by:
a) the London Court of International Arbitration (“LCIA”) if you are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
b) JAMS if you are a U.S. resident. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
11.3.2. In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
11.3.3. If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.
10.4. Arbitration Proceedings.
11.4.1. Initiating Arbitration. To start an arbitration, you must follow instructions available at:
a) https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or
b) https://www.jamsadr.com/submit/ for JAMS.
11.4.2. Arbitration Fees. If you are a consumer and you initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by Company. If Company initiates arbitration against you and you are a consumer, Company will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
11.4.3. Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
11.4.4. Arbitrator Selection. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.
11.4.5. Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.
11.4.6. Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.
11.4.7. Discovery of Non-privileged Information. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.
11.4.8. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
11.4.9. Сommunications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
11.4.10. Сhoice of Law. The arbitrator shall apply:
a) if you are not a U.S. resident, the laws of Cyprus (also known as English Law), without regard to English Law’s conflict of laws rules; or
b) if you are a U.S. resident, Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
11.4.11. Arbitrator’s Award. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
11.4.12. The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
11.5. Class Action Waiver and Jury Trial Waiver.
THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR Company AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
11.6. Litigation of Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
11.7. 30-Day Right to Opt Out.
10.7.1. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending electronic notice of your decision to opt out to [email protected] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of this Arbitration Agreement, Company also will not be bound by it.
11.7.2. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 11.10. "Governing Law and Venue."
11.8. Severability of Arbitration Agreement.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 11.10. "Governing Law and Venue," and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
11.9. Survival.
This Arbitration Agreement will survive any termination of your use of the Services.
11.10. Governing Law and Venue
Except as otherwise specified herein, this Agreement shall be governed by and construed in accordance with the law of Cyprus.
To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of Cyprus to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.
The parties irrevocably submit to the personal jurisdiction and venue of the courts of Cyprus and waive any defenses of improper venue or forum non conveniens.
12. DISCLAIMER OF WARRANTIES
THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APP, CONTENT AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. INDEMNITY
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of these Terms. The Company reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. General Terms
15.1. These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
15.2. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
15.3. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
14.4. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
15.5. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
15.6. You agree that we may provide you with notices by email, regular mail, or postings to the Website.
15.7. The section titles in these Terms are for convenience only and have no legal or contractual effect.
15.8. As used in these Terms, the term “including” is illustrative and not limitative.
15.9. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: [email protected]
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 25 December 2022