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 and contributions
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.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a licence (including use of your
name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without limitation, your image,
name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in
this section. Our use and distribution may occur in any media formats and through any media
channels.
This licence
includes our use of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts, 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
nor post any Contribution 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 and/or Contribution;
- warrant that any such Submission
and/or Contributions are original to you or that
you have the necessary rights and licences to submit such Submissions and/or
Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions
do not constitute confidential information.
You are solely
responsible for your Submissions and/or Contributions 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.
We may remove
or edit your Content: Although we have no obligation to monitor any Contributions, we
shall have the right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your account and report you to
the authorities.
Copyright infringement
We respect the
intellectual property rights of others. If you believe that any material available on or through the
Services infringes upon any copyright you own or control, please immediately refer to the
'
COPYRIGHT INFRINGEMENTS
'
section below.
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).
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.
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 endeavours 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 unauthorised
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
unauthorised script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorised
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
pretences
.
- 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 endeavour or
commercial enterprise.
-
Use the Services to advertise or offer to sell goods and services.
-
Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and 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. As such, any Contributions you transmit may be treated as non-confidential
and non-proprietary. 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
licences, rights,
consents, releases, and permissions to use and to
authorise 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 unauthorised
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, libellous, 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.
By posting your
Contributions to any part of the Services
, you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and licence to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such Contributions, and
grant and authorise sublicences of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This licence will apply to any
form, media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
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.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorise any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor your
Contributions.
8. 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 organise 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 licence
to reproduce, modify, translate, transmit by any means, display, perform, and/or
distribute all content relating to review.
9. MOBILE APPLICATION LICENCE
Use Licence
If you access the
Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited
right to install and use the App on wireless electronic devices owned or controlled by you, and
to access and use the App on such devices strictly in accordance with the terms and conditions
of this mobile application licence
contained in these Legal Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the
App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative
work from the App; (3) violate any applicable laws, rules, or regulations in connection with
your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating endeavour
, commercial enterprise, or other purpose for which it is not designed or intended; (6)
make the App available over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a product, service, or software
that is, directly or indirectly, competitive with or in any way a substitute for the App; (8)
use the App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms
apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence
granted to you for our App is limited to a non-transferable
licence to use the application on a device that utilises the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in the terms and
conditions of this mobile application licence contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App; (3) in the event of any
failure of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law,
the App Distributor will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that is subject to a US
government embargo, or that has been designated by the US government as a 'terrorist supporting' country and
(ii) you are not listed on any US government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms and conditions in
this mobile application licence
contained in these Legal Terms, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions in this mobile
application licence contained
in these Legal Terms against you as a third-party beneficiary thereof.
10. 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.
11. PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy:
chaimeter.softotic.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom
. 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
the United Kingdom
, then through your continued use of the Services, you are
transferring your data to
the United Kingdom
, and you expressly consent to have your data transferred to
and processed in
the United Kingdom
.
12. COPYRIGHT INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or through
the Services infringes upon any copyright you own or control, please immediately notify us using
the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised that pursuant to applicable
law you may be held liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
13. 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.
14. 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 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.
15. GOVERNING LAW
These Legal Terms are
governed by and interpreted following the laws of the United Kingdom
, and the use of the United Nations Convention of Contracts
for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU,
and you are a consumer, you additionally possess the protection provided to you by obligatory
provisions of the law in your country to residence. Softotic
and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may make a claim to defend your
consumer protection rights in regards to these Legal Terms in the United Kingdom
, or in the EU country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either you or us
(individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least thirty (30)
days before initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
Any
dispute arising from the relationships between the Parties to these Legal Terms shall be determined
by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time the application for arbitration is filed, and of
which adoption of this clause constitutes acceptance. The seat of arbitration shall be
London,
United Kingdom
. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law
of the United Kingdom
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to
utilise class action procedures;
and (c) there is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking
to enforce or protect, or concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorised use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
17. 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.
18. 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
UNAUTHORISED 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 JUDGEMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
19. 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE one
(1) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
20. 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) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set
forth in these Legal Terms; (5) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (6) 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 defence and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defence
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.
21. 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.
22. 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.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. 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 defences 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.
25. 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:
Softotic
London, SW17 7DP Beechcroft Road United Kingdom
London
, United Kingdom
SW17 7DP
United Kingdom