Interpretation and Definitions
Interpretation
Those words whose first letter appears in capitalized form bear meanings ascribed to them under the conditions that follow. The definitions set out below shall carry an identical meaning irrespective of whether they are expressed in the singular or the plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate signifies an entity that controls, is controlled by, or stands under common control with a party, whereby "control" is understood to mean the ownership of fifty percent or more of the shares, equity interest, or other securities carrying the right to vote in the election of directors or of any other governing authority.
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Device means any apparatus capable of accessing the Service, such as a computer, a cellular telephone, or a digital tablet.
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Service refers to the Website.
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Terms and Conditions (likewise referred to as the "Terms") mean these Terms and Conditions, which constitute the entire agreement subsisting between You and the Company with respect to the use of the Service.
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Third-party Social Media Service means any services or content (encompassing data, information, products, or services) furnished by a third party that may be displayed, incorporated, or made available by the Service.
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You means the individual who accesses or makes use of the Service, or the company or other legal entity on whose behalf such individual accesses or makes use of the Service, as the case may be.
Acknowledgment
These are the Terms and Conditions that govern the use of this Service and constitute the agreement operating between You and the Company. These Terms and Conditions establish the rights and obligations of all users in respect of their use of the Service.
Your access to and use of the Service is contingent upon Your acceptance of and adherence to these Terms and Conditions. These Terms and Conditions are applicable to all visitors, users, and others who access or make use of the Service.
By accessing or making use of 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 represent that You are above the age of eighteen. The Company does not permit those under the age of eighteen to make use of the Service.
Your access to and use of the Service is further contingent upon Your acceptance of and adherence to the Privacy Policy of the Company. Our Privacy Policy sets forth Our practices and procedures concerning the collection, use, and disclosure of Your personal information when You make use of the Application or the Website, and it apprises You of Your privacy entitlements together with the manner in which the law affords You protection. Kindly peruse Our Privacy Policy with care before making use of Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are neither owned nor controlled by the Company.
The Company exercises no control over, and assumes 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 bear no responsibility or liability, whether directly or indirectly, for any damage or loss caused, or alleged to have been caused, by or in connection with the use of or reliance upon any such content, goods, or services available upon or through any such websites or services.
We earnestly counsel You to peruse 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 forthwith, without prior notice or liability, for any reason whatsoever, including, without limitation, Your breach of these Terms and Conditions.
Upon such termination, Your right to make use of the Service shall cease forthwith.
Limitation of Liability
Notwithstanding any damages that You may sustain, the entire liability of the Company and of any of its suppliers under any provision of these Terms, together with Your exclusive remedy in respect of all of the foregoing, shall be confined to the amount actually paid by You through the Service or to one hundred United States dollars if You have not purchased anything through the Service.
To the fullest extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not confined 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 manner connected with the use of or inability to use the Service, third-party software and/or third-party hardware employed in conjunction with the Service, or otherwise in connection with any provision of these Terms), even where the Company or any supplier has been advised of the possibility of such damages and even where the remedy fails of its essential purpose.
Certain 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 foregoing limitations may not be applicable. In such states, the liability of each party shall be confined to the fullest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is furnished to You on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects and without warranty of any kind. To the fullest extent permitted under applicable law, the Company, acting on its own behalf and on behalf of its Affiliates and of its 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, together with warranties that may arise out of the course of dealing, the course of performance, usage, or trade practice. Without limitation to the foregoing, the Company extends no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, attain any intended results, be compatible with or operate in conjunction with any other software, applications, systems, or services, function without interruption, meet any standards of performance or reliability, or be free of error, or that any errors or defects can or will be rectified.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, whether express or implied: (i) as to the operation or availability of the Service, or of the information, content, and materials or products included thereupon; (ii) that the Service will be uninterrupted or free of error; (iii) as to the accuracy, reliability, or currency of any information or content furnished through the Service; or (iv) that the Service, its servers, the content, or the e-mails dispatched from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Certain jurisdictions do not permit the exclusion of particular kinds of warranties or limitations upon the applicable statutory rights of a consumer, and accordingly some or all of the foregoing exclusions and limitations may not be applicable to You. In such an event, however, the exclusions and limitations set forth in this section shall be applied to the fullest extent enforceable under applicable law.
Governing Law
The laws of the Country, exclusive of its rules governing conflicts of law, shall govern these Terms and Your use of the Service. Your use of the Application may additionally be subject to other local, state, national, or international laws.
Disputes Resolution
Should You harbor any concern or dispute regarding the Service, You agree first to endeavor to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a consumer of the European Union, You shall enjoy the benefit of any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not situated in a country subject to an embargo of the United States government, or one that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not enumerated upon any list of the United States government of prohibited or restricted parties.
Severability and Waiver
Severability
Should any provision of these Terms be adjudged unenforceable or invalid, such provision shall be modified and construed so as to accomplish the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
Waiver
Save as herein provided, the failure to exercise a right or to demand the performance of an obligation under these Terms shall not affect the ability of a party to exercise such right or to demand such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated where We have made them available to You upon our Service. You agree that, in the event of a dispute, the original English text shall prevail.
Changes to These Terms and Conditions
We reserve the right, in Our sole discretion, to modify or supersede these Terms at any time. Where a revision is material, We shall make reasonable endeavors to furnish at least thirty days’ notice prior to any new terms taking effect. What constitutes a material change shall be determined in Our sole discretion.
By continuing to access or make use of Our Service after such revisions take effect, You agree to be bound by the revised terms. Should You not agree to the new terms, in whole or in part, kindly cease using the website and the Service.