End User License Agreement
The last time this Agreement was updated was on April 25, 2015. It is effective between You and Us as of the date of You accepting this Agreement.
THIS MASTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) REGULATES THE RELATIONSHIP BETWEEN YOU ("YOU" OR "YOUR") AND THE SERVICES OF DATANITY INC (“DATANITY,” “WE,” “US” OR “OUR.”)
“Malicious Code” means viruses, web bugs, time bombs, worms, malware, Trojan horses, and other harmful or malicious computer code, files, scripts, or programs or any other computer code that may damage, interrupt, or limit the functionality of the Services or other users Data or Personal Data or is intended to destroy or hijack the operation of any software, hardware, or any other actually or potentially harmful, disruptive, or invasive code or component.
“Affiliate” refers to any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. For the purposes of this definition, “ Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Service” or "Service" means the products and services requested by You under a free trial or an Order Form and made available by Us online via your customized login link and/or other web pages designated by Us, including associated offline components. Services means that datanity.com is currently offering the content management system. Our Services enables You to sign up for an account and to make a website(s) and include your own Data to this website.
“Order Form” refers to the documents for requesting orders hereunder, that are entered into between You and Us from time to time, including supplements and addenda thereto. By entering into an Order Form hereunder, an Affiliate gives assent to be bound by the terms and conditions of this Agreement as though it were an original party hereto. Order Forms will be deemed incorporated herein by reference.
“Users” refers to categories people authorized by You to use the website(s) you build with the Services. Users may include but are not limited to visitors to your site, Your contractors and agents, consultants, and third parties with which You transact business.
"Personal Data" refers to personal information but not limited to email, address, name, phone number, and country.
”Used” or “Use”
"Used" or "Use" means to possess, display, use, post, design, transmit, upload, develop, store, distribute, transmit, execute, or otherwise make available or view any part of the Data or Services.
Your or You
“Your” or “You” means that you or the legal entity or other company for which you are giving assent to this Agreement, and Affiliates of that company or entity.
"Data" refers to all information, data, contents, files, designs, Personal Data, text, software, photographs, graphics, music, sound, audio, video, messages, images, compositions, interfaces, logos, artworks, literary works, animations, goods, products, fonts, illustrations, information or other materials, displayed, uploaded, transmitted, posted, submitted, stored, added, typed or created by You or your Users to the Services or Used in connection with your use of the Services.
"Trial" refers to an impermanent unpaid trial the Services
"Subscription Term" means a paid reoccurring period to access the Services
"Goods" means any goods, media, contents, products, or services that you sell via your website using the Services.
"Suggestions" or "Feedbacks" or "Comments"
"Suggestions" or "Feedbacks" or "Comments" means any ideas, feedback, suggestions, questions, comments, or other information provided by You to Us.
"Intellectual Property" means Property owned by Us and used in the Services, (including but not limited to any graphics, website widgets and templates, images, computer code (including html/css/js/php/mongodb/mysql), artwork, literary work, object, source code, applications, music, audio, video and other animations, media, interfaces, designs, the “look and feel” of the Our Services, methods, algorithms, data, products, interactive features and objects, advertising and acquisition tools and methods, trade secrets, domains, inventions, logos, customized URLs, trade names, trademarks, service marks, and other proprietary identifiers, whether or not registered and/or capable of being registered.
BY USING OUR SERVICES AND/OR BY SIGNING UP FOR ANY OF OUR SERVICES, YOU fully and solely acknowledge and agree TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND acknowledge and agree YOUR INFORMED CONSENT AND APPROVAL TO THIS AGREEMENT. YOU MAY VISIT AND/OR UTILIZE OUR SERVICES ONLY IF YOU COMPLETLY acknowledge and agree TO THIS AGREEMENT. IF YOU DISAGREE, OR fully and solely COMPREHEND, OR fully and solely READ THIS AGREEMENT, THEN YOU MAY NOT USE OUR SERVICES,AND THEN YOU MUST LEAVE OUR WEBSITE INSTANTEANOUSLY AND WITHDRAW FROM USING OUR SERVICES. PLEASE NOTE THAT YOUR UTILIZATION OF THE SERVICE will BE CONDITIONAL TO THIS AGREEMENT.
You fully and solely acknowledge that Your inability to follow by any part of this Agreement may result in the instantaneous cessation and deletion of Your account and Services provided to you and Your Data may be deleted with or without your consent, and without any reimbursement of amounts previously paid.
THIS SOFTWARE IS NOT SHAREWARE NOR FREEWARE. THIS SOFWARE IS A COMMERCIALLY LICENSED PRODUCT fully and solely OWNED BY LICENSOR. THE USE OF THIS SOFTWARE IS BASED ON THE FOLLOWING TERMS:
To use our Services, you must open an account and input your Personal Data. You acknowledge and agree that you are older than 18, or legally agreed as an adult in your jurisdiction, and you have the legal authority, right and freedom to enter into the Agreement and to form a binding agreement.
Initial Free Trial
If you opt in for a Trial, you will not be charged until the end of your Trial term. After your Trial, you will be immediately moved into a reoccurring Subscription Term unless you delete your Account using your website administrator interface. If you opt for a Trial and do not delete your account and discontinue your Subscription Term, or you do not provide us any evidence of payment, then any and all Data may be removed from our database and destroyed from existence without further warning.
Your Account is yours alone
You will create a username and password to use the Services and open an account. This account is for You only. If anyone besides you, alters, changes, accesses, or adjusts the settings of your website, you give consent and acknowledge and agree that any actions taken by them came about on your behalf and under your name. You will use commercially reasonable efforts to avert unauthorized access to or use of Your administrator login in the Services. You will not disclose your password to anyone, let anyone else use your account, or do anything that could compromise the security of your account. You will sustain and preserve the security of your website, account and login credentials. You acknowledge and agree and assent that we accept no liability or liability for any activities that occur in Your account or accept any liability for any breach in security arising from unauthorized access to your account.
Forgot Your Password?
On the basis of our full and sole discretion, we retain the right to use Your Personal Data to ascertain whether you are the authentic account owner and may or may not grant ownership to you as the authentic account owner. If we cannot determine or confirm your status as the account owner(at our full and sole determination and discretion), we reserve the right not to grant ownership, and we accept no liability for declining to award ownership to you or to any other party. If someone access your Personal Data and uses it to imitate your person and steal access to your account, we accept no liability or liability.
Authorization to Bill For Services
We will ensure the Services available to You pursuant to this Agreement and Your payment of the relevant Subscription Term. By using or registering for our Services, you fully and solely empower us and/or our Affiliates to bill and collect payment Services provided. You also empower and permit us and/or our payment provider to refund, charge, or take any other required billing action. You permit us to take any actions necessary to confirm your designated payment account and financial information. You also give us consent to take any legal means to ensure timely payment, including retrieving updated payment details from your payment institution (ex: cvc, expiration date, and updated expiry number).
You acknowledge and agree explicitly that we are empowered and authorized to charge or bill You fees for optional services that you may purchase, and a reoccurring price for any Services You use.
Cancelation of Account
Cancellation of account must be done using your website administrator login. Your Subscription Term to our services commence on the first date specified in the applicable Order Form and continue for the Subscription Term specified therein. Except if specified otherwise in the applicable Order Form, we will try to renew Your Services for a given period equal to the initial subscription period for ordered Services, unless you initiate the non-renewal process at least 24 hours before the end of the relevant subscription term. You will be charged automatically using the payment method on file with us or our payment processors.
If you cancel the Services, your services will be disabled; you will be unable to use the Service at the end of your billing period and all of Your Data may be removed.
On the expiry of the billing periods, you will not be able to use our Services, and we have the right to delete all the information associated with your account. We accept no liability for such deleted content or information. You acknowledge and agree that you are fully and solely responsible to back up Your Data.
We accept payment via our online form. You acknowledge and agree that We, or Our third party service providers (including but not limited to PayPal, Stripe, Amazon, and Google), may store information regarding your payment card. We retain the right to change our pricing for at any time for any reason. At the end of your Subscription Term, your Subscription Term will automatically reoccur for an additional Subscription Term unless you discontinue this service.
You will be fully and solely and responsible for confirming the successful renewal of the Services and updating your billing information. If we cannot collect the funds owed by you, we may deduct the money at a later time, and/ or cancel, suspend or delete your account, without any notification. If your payment method provided by you fails, and you do not provide explicitly cancel your account, you empower us to continue charging you, and you acknowledge and agree to be responsible for all outstanding uncollected amounts owed. In addition, you acknowledge and agree to pay all the amounts you are owing us and acknowledge and agree to reimburse us for all collection fees owed by you. You consent to have no claims or complaints against us, for any deleting or discontinuation of any services.
You will be fully and solely responsible to ensure that your billing information is accurate and current. If we are unable to collect any amounts owed by you, we have the right to collect them at a later time, and/or cancel or suspend or delete your account, without any notice. If the payment method, provided by You, fails and you do not explicitly cancel your account or provide new billing information, you allow us to continue billing you and you acknowledge and agree to be accountable for all outstanding uncollected outstanding amounts. You agree to pay all owed amounts to Us and agree to compensate us for all collection fees for owed monies.
Any unpaid amounts due may accrue interest at the rate of 5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date it was paid.
You acknowledge and agree that your orders hereunder are neither dependent on any oral or written public comments made by Us regarding future functionality or features nor contingent on the delivery of any future functionality or features.
Furthermore, we may add, discontinue, alter, replace, remove, modify, refuse access, suspend, or terminate any of the Services or any features/functionality at any time and for any reasons at our full and sole discretion. All new or changed features/functionality offered will be based on the terms of this Agreement.
Some of the packages offered in our Services require extra fees. If you desire such features, then you must agree to pay the extra fee associated with the feature.
Services may be subject by other limitations, such as limits on the number of calls on the server or on the disk storage space. Your account may be debited, depending on the fee charged from our preferred server hosting provider and your choice of server size, ram, and other features.
Termination of Services
We reserve the right to update, alter, replace, change, suspend, cancel access, discontinue, adjust, terminate, delete, and restrict the Services at any time without any notification and based on our full and sole discretion, without notice, and without penalty. Upon termination of Services, we reserve the right to delete and purge all files, personal details, data, and/or other information stored in your account.
Unless otherwise stated, You are fully and solely accountable for paying and tracking all taxes related to the services that you use, including but not limited to value added taxes, sales taxes, duties, levies, goods and services taxes, government taxes including state, local, federal, or federal. If we have the legal responsibility to collect and/or pay taxes for which You are responsible, the suitable amount of money will be invoiced to and paid by you, except if you provide us with an valid tax exemption certificate authorized by the respective tax authority.
When you sell goods or services using the Services, you acknowledge and agree to be fully and solely responsibility to determine what taxes apply and what to collect, remit, bill. You are also responsible to report the right amount of money to the appropriate authority. You agree that We have no liability for any taxes or other fees related to the products You sell. All guidance regarding taxes or anything legal made by us is business advice for illustration purposes only, and you must verify with legal counsel.
Messages from us
Using our Service, you acknowledge and agree to receive messages or notifications from us and/or our partners and/or our Affiliates. This includes but is not limited to updates, announcements, marketing messages, billing messages, newsletter, promotions, sales messages, administrative messages, error messages, email, phone, text, mail, in person, or other forms.
We will provide You Our basic support for the Services at no extra charge. We will provide you our upgraded support if you it ordered separately. No guarantee of timeliness of support can be made.
Reasonable efforts will be used to make the Services available 24 hours a day, 7 days a week, except for: (a) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, fires, floods, civil unrest, earthquakes, acts of terror, strikes or other labor problems, Internet service provider failures or delays, server/hosting failures, code issues, or denial of service attacks, glitches, (b) planned downtime.
If your account or Services are disabled, refused, cancelled, lost, removed, refused for whatsoever reasons, it may cause your Data to be irretrievable or deleted.
Under no circumstances will We be liable for your data or the Data of any third party.
Apart from the limited rights granted by you in this Agreement, we are not obligated to protect your data. We will not be liable for any data loss. In addition, we do not claim right, ownership, right, or interest in your Data. You will be fully and solely responsible for your Data.
Your Users Actions
You will be fully and solely responsible for Your actions, your users actions, and anyone who accesses your website or account. You will be fully and solely responsible for all the Data and activities that occur in relation with you, your Users use of Our Services and Your Users’ compliance with this Agreement. It will be made certain that your Users Data is accurate, non-infringing upon any third party rights, true, current, and in no way unlawful to Use in the country where you, your User Website’s users and visitors reside.
Using your data, we can build your website
You hereby grant us your permission and right to a royalty-free, worldwide, non-exclusive license to use and host Your Data to provide you with the Services, deliver your website. You hereby represent and warrant that you have all the prerogatives necessary to grant us such license.
Backing Up Data
You are fully and solely and fully and solely responsible for your data and for saving, creating, and keeping a back up of your Data to ensure the maintenance of your data. If at any time there is Data loss for any reason, we will not be responsible for your negligence. We cannot guarantee the protection and persistence of your data. Also, you will bear full liability for any Data that may be damaged or misplaced through your use of the Services. We reserve the right to remove, suspend, and/or discard any of your data, with or without any appropriate notification. We have no obligation to provide, maintain, store, or maintain a copy of any content that you or your Users provide when using the Service. Upon the effective date of cancellation, removal, suspension, termination, or cancelation of your account or the Services for any reason, We will bear no full responsibility to maintain or provide any of Your Data. In addition, we will thereafter, unless legally prohibited, remove all of Your Data in Our systems or otherwise in Our possession or under Our control.
Defamatory or Hurtful Data
You will not Use Data that is may be deemed as pernicious, spiteful, unlawful, controversial, harassing, incendiary, stalking, unethical, hateful, defamatory, libelous, obscene, harassing, threatening, harassing, stalking, infringing, libelous, abusive, racist, harmful to animals, ageist, takes advantage of another living being, instructs on how to hurt another living being, cruel, objectionable, offensive, deceptive, tortuous, vulgar, invasive to another's privacy or fraudulent, encouraging criminal or harmful conduct, or actions that violate the rights of Us or any third party (including any intellectual property rights, privacy rights, in violating of another's rights, stolen, copyrighted material that infringes or potentially infringes on another's IP rights, including trade secret, copyright, patent, trademark, or other proprietary, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a negative or disparaging light.
Not allowed Data
We reserve the right (but not the obligation) to remove, refuse, transfer or delete any of Your Data that violates these Terms or is otherwise questionable in our full and sole discretion. You must analyze, and accept all risks associated with, the use objectionable Data.
You will not use the Services for any illegal purposes or to take part in any unlawful activity, including, but not limited to, cyber theft, money laundering, fraud, embezzlement, or insider trading. You will not engage in any unscrupulous activities, or commit fraud or try to defraud any individual, firm, or organization with Our Service. "Scam or Fraud" includes but is not limited to, phishing, cyber thefts, cyber crime, “chain letters”, "get rich quick", "get paid to surf", "pyramid schemes".
You will not allow any sexually explicit contents, or violent Data that is adult in nature, including any nudity Contents that depicts the private parts of humans, or Content with adult themes;
You will not make a websites that provides a malicious user experience with custom programming. This includes, but are not limited to, extreme flashing banners that may cause seizures.
Monitoring Your Data
We may but we do not have the requirement to review, oversee, or screen the Data on your website created with our Services. We may reveal any of your Data as necessary to safeguard Our corporate interest, to satisfy any legal requirement or to protect the interest of our customers. At our whole and sole discression, we may prevent or remove certain contents from being displayed in Your website. We may edit your or delete Data. Depending on the type of the data and its effect on the public, we may require you to put your data behind a password wall. You accept and acknowledge and agree that we may preserve Content and may also reveal Content if we are compelled to do so by law or in the good faith belief that such disclosure or preservation is reasonably necessary to: (a) protect our rights, property, or personal safety and those of our users and the public; (b) comply with legal process; (c)respond to claims that any Content violates the rights of third-parties; or (d) enforce this agreement.
Under no circumstances may we be considered a “publisher” of your Data. We do not validate your Data in any way, and we will not bear any responsibility for any Data Used by you or anyone else.
If your Data is removed for whatsoever reason, we will accept any responsibility for any removal, damage, or loss thereto or thereof or any loss, damage, cost or expense that you or others may suffer.
Your Internet Connection and Computer
You must have a technological device connected to the internet to use this service. You assent to pay any fee and all fees associated with this device and internet connection.
liability for your coding
You will bear all responsibility for all security issues that arise from third party coding inside your website, or from your custom coding. We will not be responsible for any breach in security arising from this.
Don't resell our services
You will not resell, sell, lease, or rent the Services. You will not share the Services with any third party or individual.
Do not violate our terms and services
You will not use the services if you an employee or employer of a company offering competitive services (a code editor, form builder website builder, and layout creator). (i) You acknowledge and agree and assent not to duplicate, transfer, imitate, reproduce, modify, adapt, translate, compile, decompile, the code, functions, purposes, methods, emulate, migrate to another service. (ii)reverse engineer, duplicate, copy, create derivate works of, download, sell, assign, resell, sublicense, grant a security interest, or exploit any portion of the Service in any capacity for whatsoever reasons. (iii) reverse engineer the Services, or (iv) access the Services in order to (a)) copy any features, functions or graphics of the Services or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement, (b) build a competitive product or service.>
You must not be a resident of (or will use the Services in) a country that the U.S. government has prohibited for use of the Services. You will not use the Materials or Services if you reside in a country prohibited by the U.S. governments, or are on the U.S. Treasury Department's list of Specially Designated Nationals.
Recognizing the global nature of the Internet, you agree to obey all local rules regarding standard contents and online conduct. More importantly, you acknowledge and agree to obey all applicable laws regarding the transfer of technical data exported from the United States or from the country in which you reside.
FURTHER, WE DO NOT ACCEPT WARRANTIES OR REPRESENTATION THAT THE SERVICES ARE ADEQUATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU ACCESS THE WEBSITE, THE MATERIALS OR THE SERVICES OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE fully and solely OBLIGATED TO COMPLY WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
You agree and acknowledge that we do not grant any legal advice or any suggestions regarding any laws or requirements applicable to your use or any of your End Users, or your compliance therewith
Using Widget Templates
As part of the Services, we may give you a sample website filled with sample content and provided by us to show the appearance of your final site(“Sample Content”). You acknowledge and agree that you will not share this Sample Content publicly and that you will delete all Sample Contents from your site before allowing any third party users to access or view your site.
No crawlers or frames
You will not publish and/or access or disclose any part of the Services using any system or interface other than that provided by Us or in any way duplicate or circumvent the navigational structure or presentation of any of the Services to obtain or try to obtain any documents, information, materials, documents, or services through any means not purposely made available through the Services.. You will not use the Services through robots or automated algorithms, processes, methods, programs, scripts, or methodologies, or any equivalent to manual process. Services may be utilized only through manually controlled processes. You agree not to crawl, deep link, frame, mirror, spider, and/or create a browser or border environment around any of the Services. You may only use your login to access the data inside the Services.
Don't override security
You will not try to or actually circumvent any security component included in or underlying the Materials or Services. You will not try to gain unauthorized entry to the Services or their related systems or networks sand will not disable, circumvent, bypass or otherwise avoid any technique used to disallow or restrict access to the Services or other users websites built with the services, the account of another User(s), or any other systems or networks connected to the Services, by password mining, hacking, or other illicit or prohibited means;
You may not comment, use, transfer, upload, post, email, or otherwise make available or initiate any pernicious Code.
You will not request for a third party’s passwords, classified details, or personal information for unlawful or phishing purposes
You will not use unauthorized tools delete, add, change other people’s contents or comments
Do not stress our servers
You will not engage in any actions that directly or indirectly imposes an unimaginable or disproportionately large load on the infrastructure of the Services or Our systems or networks connected to the Services, or otherwise tinker or disrupt the operation or performance of any of the Services, or the servers or networks or infrastructure that host them or make them available, or disregard any procedures, policies, requirements, or regulations of such servers or networks;
Do not probe our Services for vulnerability
You will not evaluate, scan, probe, or test the vulnerability of the Services or any network connected to the Services.
Don't upload viruses
You will not Use Malicious Data or information that contains malware on our website.
Do not purchase Ad words in our name
You will not buy search engines or other pay per click keywords (such as Yahoo, Bing, and Google Ad Words), or domain names that use "Datanity" and/or variations and misspellings thereof.
Do not attempt to destroy our reputation
You will not engage in any activities, which might be perceived as pernicious to our reputation and goodwill or which may bring about ignominy;
You will confirm that the Personal Data provided to Us is authentic, and you will keep your Personal Data truthful, complete, accurate, and timely. Violation of this, or suspected violation of this as determined by us, may compel us to terminate and suspend Our Services, and it may result in the deletion of all Your Data and your users Data.
You will not use the Materials or Services to imitate another person or entity or misrepresent your affiliation with any person or identity, including by not limited to a Datanity official or Employee or other User. You will not pretend to be any person or entity or provide invalid information on the Services whether directly or indirectly, or otherwise perform any duplicitous acts in order to dissemble your identity or the origin of any message or transmittal you send to Us and/or any End Users. You will not duplicate headers or otherwise influence identifiers in order to disguise the origin of any Content transmitted through the Service; You will not use an invalid return address or inauthentic names or other personal information. In addition, you may not tinker with the attribution of origin in electronic mail messages or postings.
Violate the privacy of our other users
You will not reverse look-up, pry on, or seek to pry on another User of the Services, or otherwise meddle in or violate any other User’s right to privacy or other rights, or harvest or receive personally identifiable information about visitors or users of the Services and/or User Website without their express and informed consent;
No Fake Affiliation
You will not use any false statement or otherwise misrepresent your affiliation with any person or entity, or falsely express or wrongly imply that any third party endorses you, your business, your Products, your User Website, or any statement you make; You will not imply or wrongly assert, directly or indirectly, that you are affiliated with or endorsed by Us without our express written permission.
You will use the Services based on the applicable laws and government regulations, and you must adhere to all applicable laws.
You will not post spam. Spam includes but is not limited to sending out any form of unsolicited communications, whether via phone, email, mail, or other media. This media includes but not limited to mass emailing to market, promote, query, or advertise to users who have not requested email from you. You will always include an opt out. You will not use machine randomly-generated or automated script to imitate a human when you send emails.
Use of our Services to host outside content
You will not upload files with the aim of having them hosted by us and for use outside of a web site created using the Service or use the Service as a forwarding service to another web site.
Selling through Our Services
You are responsible for what you sell
You will bear full liability for all your sales activities and any laws applicable thereto for Goods offered through your site. This liability includes any payment service providers and your relationships with your customers. You are fully and solely responsible for any and all statements and promises you make and for all warranty, support, and assistance regarding the User Products, and will provide true contact information in your User Website for any complaints, claims, or questions. We provide the platform for you to control your online e-commerce activities. We do not take part in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone buys your User Products, such transaction’s payments will be managed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. Neither are we a party to nor bear full liability for your relationship for the actions of any of these E-Commerce Service Providers or with any such E-Commerce Service Providers.
Costs of Goods Sold and Shipping
You will bear full liability and bear all the costs of purchasing and delivering your User Products. In addition, you will provide them in a safe and professional manner, based on industry standards.
Do not sell unauthorized goods
You may not market or advertize illegal or potentially unauthorized Commercial Products, including those products that are embargoed, counterfeited, stolen or fraudulent. Commercial Products sold using the Services must adhere to all applicable laws, including Commercial Products sold to individuals outside the U.S. Items identified as “not for distribution within the United States” may not be marketed using the Services.
Do not infringe on others rights
You may not advertise or sell Commercial Products infringing or having the potential to infringe on the intellectual property rights or proprietary rights of another.
Do not sell offensive products
You may not advertise or sell any Commercial Products that we, in our discretion, consider inappropriate, unethical, offensive, pornographic, sexually explicit or violent. In addition, you do not offer any Commercial Products which are deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to adhere to any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export.
Do not sell weaponry
You may not advertise or sell any Commercial Products produced as, or primarily anticipated to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our full and sole discretion, whether Commercial Products include “weapons” for purposes of this Agreement.
Do not sell defamatory products
You may not advertise or sell any Commercial Products that impede on or have the potential to impede on an individual’s privacy or that may be defamatory, libelous, or otherwise defamatory.
Do not use unauthorized likeness of others
You may not use the appellation or images of any third party (including notable celebrities or personalities) when selling or advertising Commercial Products without first seeking for third party’s permission.
Right to restrict the sold item
We may delete Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) pay a refund for such Commercial Products to the buyer. (ii) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer.
We may, at any time and at our full and sole discretion, terminate, delete, suspend, disable access to your website or Goods without any liability to you or to any of your Users, including any resulting losses.
We Own Our Content
Regarding the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights to our Intellectual Property. We grant you no whatsoever rights other than as expressly set forth herein.
All rights, title, and interest in and to the Services, including any other content thereof which is or may be subject to any intellectual property rights under any applicable law, any and all copyrightable materials or, and any derivations thereof, are owned by and/or licensed by Us.
Regarding your full compliance with this Agreement and timely payment of all applicable Fees, we hereby allow you, upon creating your account and for as long as we desire to provide you with the Services, a non-sub licensable, non-exclusive, non-transferable, , fully and solely revocable, limited license to use the Services and Intellectual Property, with the aim generating and showcasing your website to Your Users and offering your Goods and services therein, fully and solely as expressly permitted under the Agreement.
This Terms do not depict any interest or right in the Intellectual Property (or any part thereof), except only for the restricted license expressly granted above. Nothing in this Agreement constitutes an assignment or waiver of Intellectual Property rights under any law. Except as otherwise specifically provided herein, nothing should be considered granting any license or right to use any brands, logos, trademarks, service marks, slogans or taglines depicted without our consent, or the consent of such third-party that may own the brand, logo, trademark, service mark,, slogan or tagline.
You give assent and acknowledge and agree that the Service and any necessary software used in connection with the Service includes confidential information and proprietary protected by applicable intellectual property and other laws.
This license does not allow you, and you acknowledge and agree not to tinker, change, modify, store, reproduce, republish, modify, rent, post, lease, translate, scrape, display, transfer, loan, decompile, compile, reverse engineer, reverse assemble, decipher, sell, distribute or create derivative works based on the Service, in whole or in part or otherwise try to discern any source code or any programming code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement.
All Intellectual Property owned by us or other parties that have licensed their material or provided services to us are protected by trade secret, copyright, trademark, and other intellectual property laws. All our trademarks and service marks, brands, taglines, logos, and slogans are the property of Us. We reserve all rights not expressly granted in this Agreement.
Comments, Suggestions, and Feedback
all comments are unrestricted, and you hereby offer us irrevocable, worldwide, perpetual, royalty-free license to reproduce, display, publish, perform, distribute, modify, incorporate, edit or otherwise Use such Comments as we consider suitable, for any and all commercial and/or non-commercial purposes, in our full and sole discretion.
By giving us suggestions, you (1)explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Suggestions. (ii)represent and warrant that such suggestions are accurate, complete, and do not infringe on any third party rights..
You acknowledge and agree that no suggestions sent to us will be confidential or proprietary suggestions.
Third Party Services
You will be enabled by Our services to get various tools and services from third parties who are not affiliated with us. However, You may be subject to additional conditions and terms that may apply when our affiliate or other services, third-party software or third-party content is used by you. If any clause or provision of these Terms or incorporated content is declared by a court of competent jurisdiction to be invalid, the parties nevertheless acknowledge that the court should attempt to give effect to the parties' intents as reflected in the provision, and the other provisions of these Terms remain in full effect and force.
You agree and acknowledge that regardless of the manner in which you may be offered such Third Party Services, we act only as an intermediary platform between such parties and you, only you will be responsible for your engagements with them. The Service or third parties may provide links to other resources or web sites. As we have no control over such resources and sites, we are not responsible for the accessibility of such external resources or sites, and we are not liable or responsible and do not endorse for any content, products, advertising, or other materials on or available from such resources or sites. We are not responsible for any loss or damage caused or alleged to be caused by or in relation with use of or reliance on any such goods, contents or services accessible on or through any such site or resource.
We are not liable or responsible and do not in any way endorse any such Third Party Services with respect thereto. Any and all use of such Third Party Services will be done fully at your own responsibility and risk. We may, at its sole discretion and at any time, disable access to, suspend or remove from your User Account, the services and/or User Website(s), any Third Party Services – whether incorporated or not with or made part of your User Website(s) and/or User Account at any such time – without any liability to you or any End Users.
You may be required by Some of our Services to give us access to or you may be required to provide login and password information for services and accounts that you may have with third party providers. Upon the provision of this to us or giving us access to these third party accounts you hereby agree that you have read all written agreements and contracts governing such access, login and password information and that you have all the necessary legal and contractual rights to give us such access, login and password information.
Copyright Complaint Policy
We respect others intellectual property rights. If you have a reason to believe that anything within the Services or a website hosted by the Services infringes your copyrighted contents and is used inappropriately, you may notify us and we will take care of it accordingly with the Digital Millennium Copyright Act (“DMCA”). Reporting an infringement will not impose any liability or responsibility upon Datanity, and that Datanity may consider any such report and act upon it accordingly, refrain from taking any such action or call for additional documents or information before doing so, at its own discretion.
For all copyright claims we require (1) a detailed description of the copyrighted work that you claim has been infringed; (2) the contact details of the authorized person to act on behalf of the owner of the copyright;(3) a statement to this effect that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, law or its agent; (4) a detailed description of the material that you claim to be infringing or to be the subject of infringing activity and that has to be removed or whose access is to be disabled, and information sufficient to permit Datanity to locate the material (including URL address); and (5) a statement declaring that the information in the notification is accurate and, under penalty of perjury, that you are the authorized copyright owner or are allowed to canon behalf of the owner of a copyright that is allegedly infringed.
If a copyright infringement notice regarding your website or content is received by us, we may cancel or remove your account and website or remove any Content in its sole discretion, with or without furnishing a prior notice to you. We act as per Our interpretation of the DMCA. In such case, a proper counter-notice in accordance with Section 512 of the DCMA may be filed by you, in which you must include: (1) your full name, phone number, address, and physical or electronic signature; (2) proof of identity of the material and its location before removal; (3) your explicit consent to an appropriate judicial body; (4) a statement under penalty of perjury that the material was removed by misidentification or mistake; and (5) any other information required under the applicable provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed applicable, accepted and compliant with the DMCA, or not, at Datanity’s sole reasonable discretion. We retain the right to notify the person or entity who has provided the infringement notice of such counter-notice and provide with any details included therein.
NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHERIMPLIED, EXPRESS, STATUTORY OR OTHERWISE, EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND EACH PARTY EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF MERCHANTABILITY , TO THE MAXIMUM EXTENT PERMITTED BY
We warrant that We have validly entered into this Agreement having the legal power to do so.
There are risks involved in using our or anyone else’s services. You accept such risks. Some of our services are still in BETA, and may therefore contain experience interruptions or bugs. We make no warranties regarding our services, including their security, quality, compatibility, reliability and ability or conditions to retain the persistence of Your Data or your Users Data.
You warrant that You have validly entered into this Agreement having the legal power to do so.
We, Our directors, officers, employees, shareholders, affiliates and/or agents, to the fullest extent permitted by law in each applicable jurisdiction will not be responsible to you for any direct, indirect, special, incidental, punitive, consequential or exemplary damages whatsoever, including any damages resulting from (1) any personal injury or property damage related to your use of the Services; (2) errors, mistakes, or inaccuracies of or in any content; (3) any interruption or cessation of transmission to or from the Datanity Services; (4) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Our Services; (5) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; and/or (6) events beyond the reasonable control of Datanity, including any internet and equipment failures, electrical power failures, strikes, labor riots and disputes, insurrections, civil disturbances, shortages of materials or labor, floods, fires, explosions, earthquakes, storms, acts of God, terrorism, war, intergalactic struggles, governmental actions, orders of courts, tribunal agencies or non-performance of third parties.
You agree and acknowledge that these liability limitations are agreed allocations of risk constituting in part the consideration for Datanity’s services to you, and such limitations will apply even if Datanity has been made aware of the possibility of such liabilities limitations.
We will be defended by You against any demand, suit, claim or proceeding brought against us or made by a third party claiming that Your Data, or Your use of the Services (or anyone accessing your account) in breach of this Agreement, misappropriates or violates applicable law (a “Claim Against Us”) or infringes the intellectual property rights of a third party, and will indemnify Us for any damages, costs and attorney fees finally awarded against Us as a result of, or for any amounts settled by Us under a court-approved settlement of, a Claim Against Us. A Case may include, but not limited to, any violation or breach of this Agreement by you or anyone accessing your account.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE,THE SERVICES AND THE MATERIALS, IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE MATERIALS and THE SERVICES. UNDER NO CIRCUMSTANCES will We, Our AFFILIATES, OR LICENSORS BE REPONSIBLE IN ANY WAY FOR YOUR USE OF THE SITE, THE MATERIALS, THE SERVICES, THE COMMERCIAL PRODUCTS, YOUR CONTENT OR THIRD PARTY USER GENERATED CONTENT ACCESSIBLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY OMISSIONS OR ERRORS, FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE MATERIALS, THE SERVICES,THE COMMERCIAL PRODUCTS, YOUR CONTENT OR ANY THIRD PARTY USER GENERATED CONTENT ACCESSIBLE ON OR THROUGH THE SITE OR ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES. Certain jurisdictions and/or states do not allow the exclusion of limitation of liability or implied warranties for consequential or incidental damages. In which cases, the exclusions set forth above may not apply to you.
Limitation of Liability
12 months of liability
You agree that irrespective of any law or statute to the contrary, OUR LIABILITY ARISING OUT OF THIS AGREEMENT OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT,UNDER ANY OTHER THEORY OF LIABILITY OR TORT) will EXCEED THE AMOUNT THAT YOU PAID HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, and that any cause of action or claim arising out of or associated to use of the Service or these Terms and conditions must be filed within one (1) year after such cause or claim of action arose or be forever barred.
You Cannot shut us down
You will not be entitle In any event to injunctive or other equitable relief, rescission, or to restrain or enjoin the operation of Us, the manipulation of any advertising or other materials issued in relation therewith, or the manipulation of the Site or any content used or presented through the Site.
Exclusion of Consequential and Related Damages
WE will NOT HAVE ANY LIABILITY TO YOU IN ANY EVENT FOR ANY LOST REVENUES OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, UNDER ANY OTHER THEORY OF LIABILITY OR TORT. THE FOREGOING DISCLAIMER will NOT APPLY TO THE EXTENT THAT IS PROHIBITED BY RELEVANT LAW. WE will NOT BE REPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,EXEMPLARY OR CONSEQUENTIALDAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR GOODWILL USE, LOSS OF PROFITS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Datanity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (ii) THE USE OR THE INABILITY TO USE THE SERVICE; (iii) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE will NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. WE will NOT BEREPONSIBLE TO YOU FOR DAMAGES, OR ANY OTHER PERSON,OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, CONSEQUENTIAL,EXEMPLARY, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY BUSINESS INTERRUPTION, PERSONAL INJURY, , LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR DUE TO USE OF THE SITE, THE MATERIALS, THE SERVICES, THE COMMERCIAL PRODUCTS , YOUR CONTENT, OR ANY THIRD PARTY USER GENERATED MATERIAL ACCESSIBLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE OR OTHERWISE, EVEN IF DATANITYHAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. YOU HEREBY RELEASE DATANITYDATANTIY AND HOLD DATANITYDATANITY AND ITS PARENTS, SUBSIDIARIES, LICENSORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, TRUSTEES, SUBCONTRACTORS, EMPLOYEES AND AGENTS, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY NATURE AND KIND(INCLUDING, WITHOUT LIMITATION, ACTUAL, INCIDENTAL,SPECIAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, SUSPECTED AND UNSUSPECTED, ARISING OUT OF OR IN ANY WAY RELATED WITH THE USE OF THE SERVICES, MATERIALS, SITE, COMMERCIAL PRODUCTS, YOUR CONTENT, OR ANY THIRD PARTY USER GENERATED MATERIAL ACCESSIBLE ON OR THROUGHTHE SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY LOCAL OR STATE LAW PROHIBITING OR LIMITING A GENERAL RELEASE.
The formation performance and interpretation of this Agreement along with any disputes arising out of it will be construed, governed and enforced in relation with the procedural and substantive laws of Los Angeles and the state of California. Any and all such disputes and claims will be brought in, and you consent to them hereby being decided exclusively by, a court of competent jurisdiction and venue for actions in relation to the subject matter hereof will be the federal and state court located in Los Angeles, California, and you hereby succumb to the personal jurisdiction of such courts. Any right to a jury trial in any proceeding arising out of or related to this Agreement are hereby waived by you and any complains in this regard will be determined by a Sole Arbitrator.
The failure of Datanity to enforce or exercise any provision or right of these Terms will not constitute a waiver of such provision or right.
Manner of Giving Notice
All issues or questions arising from this agreement should be made in writing and sent to Datanity INC LLC at email@example.com. All permissions, notices and approvals hereunder will be in writing, except as otherwise specified in this Agreement, and will be deemed to have been given upon: (i) the second business day after mailing,(ii) the second business day after sending by confirmed facsimile; (iii) the first business day after sending by email (provided email will not be sufficient for notices of termination), or (iv) personal delivery,. You will be addressed the Billing notices to relevant billing contact designated by You. You will be addressed all other notices to the relevant Services system administrator designated by You.
The parties are independent contractors. This Agreement does not in any was create a franchise, partnership, joint venture, fiduciary or employment relationship between agency and the parties. No third-party beneficiaries are present as to this Agreement. No waiver of a right will be constituted upon any delay or failure by either party in exercising any right under this Agreement. The provision will be revised by the court and interpreted so as to best accomplish the objectives of the original provision to the maximum extent allowed by law, if any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, and the remaining provisions of this Agreement will continue to remain in effect.
Our Services are As Is
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USEAND YOUR RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK. You agree and acknowledge that there are risks in using the Services and/or dealing and/or connecting with any Third Party Services through or in relation with Services, and that We cannot and do not assure any specific outcomes from such interactions and/or use, and you hereby assume all such liabilities, risks and/or harm of any kind resulting from and/or arising in connection with such interactions. Such risks may include, among others, breach of warranty and/or contract, misrepresentation of information by and/or about Licensed Content and/or Third Party Services, any consequent claims and violation of rights.
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," “with all faults” AND "AS AVAILABLE" BASIS without any guarantees of any kind, IMPLIED OR EXPRESS. WE, OUR LICENSORS AND AFFILIATES EXPRESSLY RENOUNCE ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO THE TITLE, FITNESS FOR A PARTICULAR PURPOSE,IMPLIED WARRANTIES OF MERCHANTABILITYAND workmanlike effort, NON-INFRINGEMENT, or any other warranty – all to the fullest extent allowed by law.
WE will NOT BEACCOUNTABLE FOR ANY LOSS OF DATA, DAMAGE, VENDOR DATA OR CUSTOMER INFORMATION, REVENUE OR OTHER HARM TO BUSINESS ARISING OUT OF MISDELIVERY, NONDELIVERY OR DELAYS OF INFORMATION, BUGS OR OTHER ERRORS, RESTRICTION OR LOSS OF ACCESS,OTHER INTERACTION WITH THE SERVICE OR UNAUTHORIZED USE AS A REASON OFYOUR SHARING OF ACCESS TO THE SERVICE.. YOU ARE RESPONSIBLE FOR BACKING-UP AND MAINTAINING YOUR INFORMATION AND DATA THAT MAY RESIDE ON THE SERVICE.
WE DO NOT WARRANT THAT (i) THE SERVICE will BE free of interruption, fast, SECURE, OR ERROR-FREE, (ii) THE SERVICE will MEET YOUR NEEDS OR BE SUITABLE FOR ANY CONTEMPLATED ACTIVITIES, (iii) THE QUALITY OF SERVICES or Data OBTAINED BY YOU THROUGH THE SERVICE will MEET YOUR Work for your needs, (iv) ANY ERRORS OR Glitches IN THE SERVICE will BE fixed.
IN ADDITION, WE ARE NOT LIABLE, AND MAKE NO WARRANTIES OR REPRESENTATIONS FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS, EMAILS ORTRANSMISSION OF ANY OTHER USER GENERATED CONTENT) DIRECTED THROUGH THE SITE TO ANYONE.
ANY MATERIAL OBTAINED OR DOWNLOADED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT YOU will BE FULLY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.
Please note that certain Datanity Services are presently being offered in their BETA version and are undergoing BETA testing. You agree and understand that certain Datanity Services may still suffer disruptions, software bugs and not operate as designated or intended. Your use of the Datanity Services at this BETA testing stage implies your agreement to participate in such Datanity Services’ BETA testing.
YOU AGREE AND ACKNOWLEDGE THAT ANY INFORMATION, DATA, MATERIALS OR CONTENT MADE AVAILABLE OR CONTAINED IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE EXPERTISE, KNOWLEDGE, JUDGMENT AND SKILLOF TAX, LEGAL OR OTHER PROFESSIONALS. THESE SERVICES DO NOT PROVIDE ANY ADVICE ON TAX OR LEGAL MATTERS. YOU ARE FULLY LIABLE FOR OBTAINING SUCH ADVICE. You may not depend on any Data created by us.
NEITHER DATANITY NOR ANY THIRD PARTY PROVIDERS, AFFILIATES OR PARTNERS WARRANT THAT THE SITE,ITS SERVICES, THE MATERIALS OR THE SERVERSOR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, AFFILIATES OR PARTNERS ARE FREE OF HARMFUL COMPONENTS OR VIRUSES.
The section titles in these Terms are for convenience only and have no contractual or legal effect.
You may be exposed to objectionable content
You may be subjected to Data that is indecent, offensive, or objectionable, or which may be inaccurate or illegal. You hereby waive any equitable or legal rights or remedies you may have against Us. You agree that we cannot be responsible for any defamation, slander, duplicity, mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing content you or any other party may encounter in relation to our Services.
You agree and acknowledge that You are waiving the right to consolidate claims with more than one person. You agree and acknowledge not to participate as a class member or plaintiff in any purported class action proceeding.
Failure to Comply
At our full and sole discretion we may determine whether or not any account is in violation of any of this Agreement.
You acknowledge and agree that failure to adhere to any part of this Agreement will make you prohibited from using our Services entitle Us to terminate Your account, your Users Accounts and all associated Data.
This is the whole agreement
These Terms and conditions establish the whole agreement between You and Us and determines your use of the Service, overtaking any prior agreements (including, but not limited to, any previous outdated versions of this Agreement).
Any waiver or modification to this Agreement must be done via writing and signed by a Datanity Inc officer.
By using our Service you acknowledge and agree to this Agreement.
We can alter this agreement
At our sole discretion, We reserve the authority to modify or replace any part of this Agreement at any time, effective upon the date of the modification. If you have an account, we may (but have no obligation to) send you notification that we have modified this Agreement. Your continued use of or access to the Services following the posting of any changes to this Agreement establishes your acceptance of those changes.
Both parties agree and acknowledge that sometimes there are technical glitches with email communication. We will not liability if any email notifications gets caught by your SPAM filter and you do not notice it. If you have given us the wrong email address (or failed to update your address) or if there are other communications problems preventing you from receiving email, you assume full responsibility.
If One thing is contrary to the law in this agreement, the agreement is still ineffectual.
If any provision of this Agreement Terms is noticed by a court of competent jurisdiction to be inauthentic, void, illicit, or for whatsoever reasons unenforceable, then such provision will be considered severable, and it will not affect the validity and enforceability of the remaining provisions. Also, the remaining section of this Agreement will remain in full force and effect. No Waiver of any breach or default of any part of the Agreement will be consider a waiver of any preceding or subsequent breach or default.
Some sections of this Agreement will survive termination of this Agreement, as defined herein. All sections on (Proprietary Rights), (Fees and Payment for Purchased Services), (Limitation of Liability), (Confidentiality), (Return of Your Data), (Disclaimer), (Indemnification), (Refund or Payment upon Termination), and (General) will survive any termination or expiration of this Agreement.
violation is beyond repair
You acknowledge and agree that a violation or an attempted violation of any of this Agreement will cause irreparable damage, and the actual amount of losses would be impossible to ascertain. In addition, there will be inadequate remedy at law. Accordingly, you acknowledge and agree that We will have the prerogatives to an injunction issued by any court of competent jurisdiction, preventing such violation or attempted violation of these terms and conditions by you, or your agents, partners, or affiliates, as well as to obtain from you any and all costs and expenses sustained or incurred by us in getting such an injunction, including, without restriction, reasonable attorney's fees. You hereby acknowledge and agree that no bond or other security will be required in relation to such injunction.
Regarding the foregoing, this Agreement will bind to the benefit of the parties, permitted assigns, and their respective successors. You will not delegate any of your rights or obligations under this Agreement to anyone else.
All of our obligations and rights under this Agreement are freely assignable by us in connection with a sale of assets, acquisition, merger, or by operation of law or otherwise.
A printed version of this Agreement along with any related notice circulated in electronic form will be permissible in administrative or judicial proceedings to the same extent and subject to the same conditions as other business documents and records originally produced and maintained in printed form.