Interpretation and Definitions
Interpretation
Terms that begin with a capital letter carry the meanings assigned to them below. These definitions apply equally whether the term is used in the singular or the plural.
Definitions
Within these Terms and Conditions, the following terms apply:
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Affiliate refers to any entity that controls, is controlled by, or shares common control with a party, where "control" signifies ownership of at least 50% of the shares, equity interest, or other securities carrying voting rights for the election of directors or comparable management.
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Device refers to any equipment capable of accessing the Service, such as a computer, a cellphone, or a digital tablet.
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Service means the Website.
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Terms and Conditions (also called the "Terms") mean these Terms and Conditions, which constitute the entire agreement between You and the Company concerning Your use of the Service.
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Third-party Social Media Service means any content or services (including data, information, products, or services) supplied by a third party that the Service may display, incorporate, or make available.
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You means the person accessing or using the Service, or the company or other legal entity on whose behalf that person accesses or uses the Service, as the case may be.
Acknowledgment
These are the Terms and Conditions that govern use of the Service and form the agreement between You and the Company. They establish the rights and obligations of all users in connection with the Service.
Your access to and use of the Service depend on Your acceptance of and compliance with these Terms and Conditions, which 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. If You disagree with any part of them, 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 depend on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy explains how We collect, use, and disclose 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 the Privacy Policy carefully before using the Service.
Links to Other Websites
The Service may contain links to third-party websites or services that the Company neither owns nor controls.
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 will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any content, goods, or services available on or through those websites or services.
We strongly recommend that You read the terms and conditions and privacy policies of any third-party websites or services 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 of these Terms and Conditions.
Once terminated, Your right to use the Service ends immediately.
Limitation of Liability
Regardless of any damages You may suffer, the total liability of the Company and any of its suppliers under any provision of these Terms, and Your sole remedy for all such matters, is limited to the amount You have actually paid through the Service or 100 USD if You have not purchased anything through the Service.
To the fullest extent permitted by applicable law, the Company and its suppliers will in no event be liable for any special, incidental, indirect, or consequential damages of any kind (including, without limitation, damages for lost profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, any third-party software and/or hardware used with the Service, or otherwise connected with any provision of these Terms), even if the Company or any supplier has been warned of the possibility of such damages and even if the stated 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, so some of the above limitations may not apply to You. 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, acting for itself and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties concerning the Service, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing, course of performance, usage, or trade practice. Beyond that, the Company offers 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 function with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standard, or be free of errors, or that any errors or defects will be corrected.
Without limiting the above, neither the Company nor any of its providers makes any representation or warranty of any kind, express or implied: (i) regarding the operation or availability of the Service or the information, content, materials, or products it includes; (ii) that the Service will be uninterrupted or error-free; (iii) regarding 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 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, the exclusions and limitations in this section will apply to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflict-of-law rules, will 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 regarding the Service, You agree to first attempt to resolve it 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 where You reside.
United States Legal Compliance
You represent and warrant that (i) You are not located in any country subject to a United States government embargo or designated by the United States government as a "terrorist supporting" country, and (ii) You do not appear 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 to achieve its objectives as far as possible under applicable law, and the remaining provisions will remain in full force and effect.
Waiver
Except as stated here, a party’s failure to exercise a right or to require performance of an obligation under these Terms will not affect its ability to do so later, nor will waiving one breach amount to waiving any later breach.
Translation Interpretation
These Terms and Conditions may have been translated where We have made them available to You on the Service. You agree that, in the event of a dispute, the original English text will prevail.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify 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 the new terms take effect. What counts as a material change will be decided at Our sole discretion.
By continuing to access or use the Service after those revisions take effect, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.