We are MB Social Services (
"Company," "we," "us," "our"
) , a company registered in India at 01, Hira Nivas , Bhandure Lane , Satpur, Nashik , Maharashatra 422007
.
We operate the website https://www.mbsocialservices.in (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" ).
We provide businesses with fast,
reliable and cost effective ways of keeping in touch with their customers and staff. With direct
connections to all the mobile networks and highly reliable in-house platforms, we’re confident
that we have the best communication solutions on the market. Don’t just take our word for it –
have a sneaky peek at what some of our customers think!
You can contact us by email at
mayank@mbsocialservices.in or by mail to 01, Hira Nivas , Bhandure Lane , Satpur, Nashik ,
Maharashatra 422007 , India .
These Legal Terms constitute a
legally binding agreement made between you, whether personally or on behalf of an entity (
"you" ), and MB Social Services , 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.
We will provide you with prior notice
of any scheduled changes to the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you by mayank@mbsocialservices.in, as stated in the
email message. By continuing to use the Services after the effective date of any changes, you
agree to be bound by the modified terms.
The Services are intended for users who are at least 13
years
of age. All users who are minors in the jurisdiction in which they reside (generally under
the age of 18) must have the permission of, and be directly supervised by, their parent or
guardian to use the Services. If you are a minor, you must have your parent or guardian read
and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of
these Legal Terms for your records.
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 license 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: mayank@mbsocialservices.in. 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
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.
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services 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 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 ;
warrant that any such Submission are original to you or that
you have the necessary rights and licenses to submit such Submissions and that you have
full authority to grant us the above-mentioned rights in relation to your Submissions ;
and
warrant and represent that your Submissions do not
constitute
confidential information.
You are solely responsible for your
Submissions 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.
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 under the age of 13;(5) you are not a minor in the jurisdiction in which you reside ,
or
if a minor, you have received parental permission to use the Services ; (6) you will not
access the Services through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or unauthorized
purpose; and ( 8) 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.
5.PURCHASES AND PAYMENT
We accept the following forms of
payment:
- Visa
- Mastercard
- UPI
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 Rupee.
You agree to pay all charges at the
prices then in effect for your purchases and any applicable shipping fees, and you authorize 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
judgment , appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled . You consent to our
charging your payment method on a recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the applicable order. The length of
your billing cycle will depend on the type of subscription plan you choose when you
subscribed to the Services .
Free Trial
We
offer a 3-day free trial to new users who register with the Services. The account will not
be charged and the subscription will be suspended until upgraded to a paid version at the
end of the free trial.
Cancellation
You
can cancel your subscription at any time by logging into your account. Your cancellation
will take effect at the end of the current paid term. If you have any questions or are
unsatisfied with our Services, please email us at mayank@mbsocialservices.in.
Fee Changes
We may, from time to time, make changes to the subscription fee
and will communicate any price changes to you in accordance with applicable law.
7. POLICY
All
sales are final and no refund will be issued.
8.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 endeavors 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 unauthorized 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 unauthorized script or
other software.
Use
a buying agent or purchasing agent to make purchases on the Services.
Make
any unauthorized 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 pretenses .
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 endeavor or
commercial enterprise.
Sell or otherwise
transfer your profile.
9.USER GENERATED
CONTRIBUTIONS
The Services does not
offer users to submit or post content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions" ). Contributions may be
viewable by other users of the Services and through third-party websites. When you
create or make available any Contributions, you thereby represent and warrant
that:
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 licenses , rights, consents, releases, and permissions to use and to
authorize 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
unauthorized 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,
libelous , 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.
10.CONTRIBUTION LICENSE
You and Services agree that we may
access, store, process, and use any information and personal data that you provide and your
choices (including settings).
By submitting suggestions or other
feedback regarding the Services, you agree that we can use and share such feedback for any
purpose without compensation to you.
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.
11.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 organize 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 license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.
12.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.
13.THIRD-PARTY WEBSITES AND CONTENT
The Services 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 Services or any Third-Party Content posted on, available through,
or installed from the Services, 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 Services 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 Legal Terms 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 Services or relating to any applications you use or install from the
Services. 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
blameless from any harm caused by your purchase of such products or services. Additionally,
you shall hold us blameless 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.
14.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.
15.PRIVACY POLICY
We care about data privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the
Services, which is incorporated into these Legal Terms. Please be advised the Services are
hosted in India . If you
access the Services from any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws in India , then through your
continued use of the Services, you are transferring your data to India , and you expressly
consent to have your data transferred to and processed in India .
16.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.
17.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
also reserve the right to modify or discontinue all or part of the Services 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 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.
18.GOVERNING LAW
These Legal Terms
shall be governed by and defined following the laws of India . MB Social Services
and yourself irrevocably consent that the courts of India shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
19.DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these
Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction
of the India courts. MB Social Services shall also maintain the right to bring
proceedings as to the substance of the matter in the courts of the country where you reside
or, if these Legal Terms are entered into in the course of your trade or profession, the
state of your principal place of business.
20.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.
21. 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 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
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 JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22.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.
23.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) use of
the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and
warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (5) 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 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.
24.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.
25.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.
26.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 defenses 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.
27.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: