Interpretation and Definitions
Interpretation
Any term whose first letter is capitalized carries the meaning assigned to it under the conditions that follow. These definitions hold the same meaning whether they appear in singular or plural form.
Definitions
For the purposes of these Terms and Conditions, the following terms apply:
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Affiliate refers to an entity that controls, is controlled by, or shares common control with a party, where "control" means holding 50% or more of the shares, equity stake, or other securities carrying the right to vote for the election of directors or other governing management.
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Device refers to any equipment able to reach the Service, such as a computer, a mobile phone, or a digital tablet.
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Service denotes the Website.
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Terms and Conditions (also called the "Terms") refer to these Terms and Conditions, which make up the whole agreement between You and the Company concerning the use of the Service.
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Third-party Social Media Service refers to any services or content (including data, information, products, or services) supplied by a third party that the Service may display, include, or make available.
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You refers to the person accessing or using the Service, or the company or other legal entity for which that person is accessing or using the Service, as the case may be.
Acknowledgment
These are the Terms and Conditions that govern the use of this Service and form the agreement in force between You and the Company. They lay out the rights and duties of every user in relation to the use of the Service.
Your access to and use of the Service depends on Your acceptance of and adherence to these Terms and Conditions. They apply to every visitor, user, and other person who accesses or uses the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. Should You disagree with any portion of these Terms and Conditions, then You may not access the Service.
You confirm that You are over the age of 18. The Company does not allow anyone under 18 to use the Service.
Your access to and use of the Service also depends on Your acceptance of and adherence to the Company’s Privacy Policy. Our Privacy Policy sets out how We handle the collection, use, and disclosure of Your personal information when You use the Application or the Website, and describes Your privacy rights and the legal protections available to You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and takes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly urge You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access at once, without prior notice or liability, for any reason at all, including but not limited to a breach by You of these Terms and Conditions.
Once terminated, Your right to use the Service will end immediately.
Limitation of Liability
Regardless of any damages You might sustain, the total liability of the Company and any of its suppliers under any provision of these Terms, and Your sole remedy for all of the foregoing, shall be limited to the amount You actually paid through the Service or to 100 USD if You have not purchased anything through the Service.
To the fullest extent allowed by applicable law, the Company or its suppliers shall in no event be liable for any special, incidental, indirect, or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way connected with the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In those states, each party’s liability will be limited to the greatest extent allowed by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE," with all faults and defects and without warranty of any kind. To the fullest extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, the Company gives no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included on it; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not permit the exclusion of certain types of warranties or limitations on a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. In that case, however, the exclusions and limitations set out in this section shall apply to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflict of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first attempt to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You reside.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country subject to a United States government embargo, or one that the United States government has designated as a "terrorist supporting" country, and (ii) You are not named on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified and interpreted so as to achieve its objectives to the greatest extent possible under applicable law, and the remaining provisions will stay in full force and effect.
Waiver
Except as stated herein, a failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise that right or require such performance at any later time, nor shall the waiver of a breach amount to a waiver of any later breach.
Translation Interpretation
These Terms and Conditions may have been translated where We have made them available to You on our Service. You agree that the original English text shall prevail in the event of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to amend or replace these Terms at any time. Where a revision is material, We will make reasonable efforts to give at least 30 days’ notice before any new terms take effect. What amounts to a material change will be decided at Our sole discretion.
By continuing to access or use Our Service once those revisions take effect, You agree to be bound by the revised terms. If You do not accept the new terms, in whole or in part, please stop using the website and the Service.