Terms And Conditions (Bobonus.com)
Last updated December 22, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Sapna Oy ( 'Company', 'we',
'us', or 'our' ). Our VAT number is -.
We operate the website
https://bobonus.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 +358458007173 ,
email at [email protected] , or by mail to
Sunnintellijankatu 4A 47 , Helsinki , Finland .
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ( 'you' ), and Sapna Oy ,
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.
Supplemental terms and conditions or documents that may be posted on
the Services from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms from time to
time . We will alert you about any changes by updating the
'Last updated' date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised
Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
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 licences 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.
3. USER REPRESENTATIONS
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 Euros .
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. CANCELLATION
If you are unsatisfied with our Services, please email us at
[email protected] or call us at
+358458007173 .
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:
- 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
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.
- 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
unauthorised script or other software. - 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 or otherwise use the Services and/or the Content for
any revenue-generating
endeavour or commercial enterprise.
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 or making Contributions accessible to the Services
by linking your account from the Services to any of your
social networking accounts , 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. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings.
When posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hateful language; (3) your reviews should
not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity; (5)
you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and
(8) you may not organise a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us
a perpetual, non-exclusive, worldwide, royalty-free, fully paid,
assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to
review.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a 'Third-Party
Account' ) by either: (1) providing your Third-Party
Account login information through the Services; or (2) allowing
us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern
your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or
grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that
govern your use of the applicable
Third-Party Account, and without obligating us to
pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the
Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we
may access, make available, and store (if applicable) any
content that you have provided to and stored in your
Third-Party Account (the 'Social Network
Content' ) so that it is available on and through the
Services via your account, including without limitation any
friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the
extent you are notified when you link your account with the
Third-Party Account. Depending on the
Third-Party Accounts you choose and subject to the
privacy settings that you have set in such
Third-Party Accounts, personally identifiable
information that you post to your
Third-Party Accounts may be available on and
through your account on the Services. Please note that if a
Third-Party Account or associated service becomes
unavailable or our access to such
Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no
longer be available on and through the Services. You will have
the ability to disable the connection between your account on
the Services and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with
a Third-Party Account and your contacts list stored
on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the
connection between the Services and your
Third-Party Account by contacting us using the
contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on
our servers that was obtained through such
Third-Party Account, except the username and
profile picture that become associated with your account.
12. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to
place such advertisements, and we have no other relationship with
advertisers.
13. 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.
14. PRIVACY POLICY
15. 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.
16. 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.
17. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of
Finland , and the
use of the United Nations Convention of Contracts for the International
Sales of Goods is expressly excluded. If your habitual residence is in
the EU, and you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in your country to
residence. Sapna Oy and yourself both agree to submit
to the non-exclusive jurisdiction of the courts of Finland,
which means that you may make a claim to defend your consumer protection
rights in regards to these Legal Terms in Finland , or in the EU
country in which you reside.
18. DISPUTE RESOLUTION
The European Commission provides an online dispute resolution platform, which you can access. If you would like to bring this subject to our
attention, please contact us.
19. 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.
20.
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.
21. 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 . 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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: