These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and Blinkstore
https://blinkstore.in website as well as any other media form,
media
channel, mobile website or mobile application related, linked, or otherwise connected thereto
(collectively,
the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by
all
of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site 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 Terms of Use at any time and for any reason. We will alert you about any
changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically review these Terms of Use
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 Terms of Use by your continued use of the Site after the date such
revised Terms of Use are posted.
The information provided on the Site 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 Site 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.
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international copyright
laws,
and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site 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.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to 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. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, 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 Terms of Use;
(4) you are not a minor in the jurisdiction in which you
reside
; (
5) you will not access the Site through automated or
non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site 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 Site (or any portion thereof).
You may be required to
register with the Site. 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.
You may not access or use the
Site for any purpose other than that for which we make the Site available. The Site 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 Site, you
agree not to:
USER GENERATED
CONTRIBUTIONS
1.
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.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. 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 Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. 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.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. 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 Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. 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.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in
violation of the foregoing violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your
Contributions to any part of the Site
or making Contributions accessible to the Site by linking your
account from the Site 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 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 Site. You are solely responsible for your Contributions to the Site 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 Site; 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.
SOCIAL MEDIA
As part of the functionality of the Site, 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
Site;
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 Site 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 Site. 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 Site. You will have the ability to disable
the
connection between your account on the Site 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 Site. You can deactivate the connection between the Site 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.
SUBMISSIONS
You acknowledge and agree that any questions,
comments,
suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to
us are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND
CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics,
pictures,
designs, music, sound, video, information, applications, software, and other content or items belonging to
or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party
Content
are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we
are
not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted
on,
available through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so
at your own risk, and you should be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website to which you
navigate from the Site or relating to any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you and the
applicable
third party. You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products
or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to
you
relating to or resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, 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 Site 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 Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
PRIVACY POLICY
We care about data privacy and
security. Please review
our
Privacy Policy: blinkstore.in/privacy.html
. By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is
hosted
in
India
India
India
India
COPYRIGHT
INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any
material available on or through the Site 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 Site infringes your copyright, you should consider first contacting an attorney.
These Terms of
Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE 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.
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site 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 Site during any downtime or discontinuance of the Site. Nothing in these Terms of
Use
will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms shall be
governed
by and defined following the laws of
India
Blinkstore and
yourself
irrevocably consent that the courts of
India
Informal Negotiations
To expedite
resolution and control the cost of any dispute, controversy, or claim related to these Terms
of
Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt
to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days
before initiating arbitration. Such informal negotiations commence upon written notice from
one
Party to the other Party.
Any dispute
arising out of or in connection with this contract, including any question regarding
its
existence, validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as
a
result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be three (3) . The seat, or legal place,
of
arbitration shall be
Gurgaon , India
English
. The governing law of the contract shall be the substantive law of
India
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c)
there
is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
The Parties
agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect
to
arbitrate any Dispute falling within that portion of this provision found to be
illegal
or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to
the
personal jurisdiction of that court.
There may be
information on the Site 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 Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, 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.
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 SITE, 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
DURING
THE six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
. 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.
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 Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set
forth
in these Terms of Use; (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 Site
with
whom you connected via the Site. 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.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. 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 Site. 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.
Visiting the Site, 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 Site, 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 SITE. 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.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use 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 Terms of
Use
is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use 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 Terms of Use or use of the Site. You agree that
these
Terms of Use 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 Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or
to
receive further information regarding use of the Site, please contact us at:
Phone:
7016696617