Interpretation and Definitions
Interpretation
Terms whose first letter is capitalized carry the meanings established under the conditions set out below. These definitions retain an identical meaning whether they appear in the singular or the plural.
Definitions
For the purposes of these Terms and Conditions, the following terms apply:
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Affiliate denotes an entity that controls, is controlled by, or shares common control with a party, where "control" signifies the ownership of 50% or more of the shares, equity interest, or other securities carrying voting rights for the election of directors or other governing authority.
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Device means any apparatus capable of accessing the Service, such as a computer, a cellphone, or a digital tablet.
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Service refers to the Website.
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Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions, which constitute the entire agreement between You and the Company concerning the use of the Service.
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Third-party Social Media Service means any services or content (including data, information, products, or services) supplied by a third party that may be shown, incorporated, or made available through the Service.
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You means the individual accessing or using the Service, or the company or other legal entity on whose behalf that individual is accessing or using the Service, as the case may be.
Acknowledgment
These are the Terms and Conditions that govern the use of this Service and the agreement in force between You and the Company. These Terms and Conditions establish the rights and obligations of all users with respect to the use of the Service.
Your access to and use of the Service depends upon Your acceptance of and adherence to these Terms and Conditions. These Terms and Conditions 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 object to any portion of these Terms and Conditions, then You may not access the Service.
You confirm that You are over the age of 18. The Company does not allow persons under 18 to use the Service.
Your access to and use of the Service is likewise conditioned upon Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy sets out Our policies and procedures regarding the collection, use, and disclosure of Your personal information when You use the Application or the Website, and it informs You of Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may include links to third-party websites or services that are neither owned nor controlled by the Company.
The Company holds 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 shall bear no responsibility or liability, whether direct or indirect, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any such content, goods, or services available on or through any such websites or services.
We strongly encourage You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access at once, without prior notice or liability, for any reason whatsoever, including without limitation Your breach of these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Regardless of any damages You may sustain, the entire liability of the Company and any of its suppliers under any provision of these Terms, together with Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or to 100 USD if You have not purchased anything through the Service.
To the fullest extent permitted by applicable law, the Company and its suppliers shall in no event be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of, or inability to use, the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even where the Company or any supplier has been advised of the possibility of such damages and even where the remedy fails of its essential purpose.
Some states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such states, the liability of each party will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is supplied 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 on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, in relation to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that may arise from course of dealing, course of performance, usage, or trade practice. Without limiting the foregoing, 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 work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be free of errors, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or the 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 types of warranties or limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case, however, the exclusions and limitations set out in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflict-of-law rules, shall govern these Terms and Your use of the Service. Your use of the Application may additionally be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute regarding the Service, You agree first to attempt to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a consumer within the European Union, You will enjoy the benefit of any mandatory provisions of the law of the country in which You reside.
United States Legal Compliance
You represent and warrant that (i) You are not situated in a country subject to a United States government embargo, or that has been 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
Should any provision of these Terms be held unenforceable or invalid, that provision will be modified and construed so as to accomplish its objectives to the greatest extent possible under applicable law, while the remaining provisions will continue in full force and effect.
Waiver
Save as otherwise provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not impair a party’s ability to exercise that right or require such performance at any later time, nor shall the waiver of a breach amount to a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated where We have made them available to You on our Service. You agree that, in the event of a dispute, the original English text shall prevail.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to amend or replace these Terms at any time. Where a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What amounts to a material change will be decided at Our sole discretion.
By continuing to access or use Our Service once those revisions have taken 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.