TERMS OF USE
Last
updated
January 12, 2023
TABLE OF
CONTENTS
These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and Dzads Sell & Buy Marketplace
("
Company
," “we,"
“us," or “our”), concerning your access to and use of the
http://dzads.utrackme.xyz website or Dzads Sell & Buy Marketplace as well as any
other media form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR THE APP AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use from time to time. We will
alert you about any changes by updating the “Last updated” date of these Terms of Use, and
you waive any right to receive specific notice of each such change. Please ensure that you
check the applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not use this Site. You may
not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended
for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have
the permission of, and be directly supervised by, their parent or guardian
to use the Site. If you are a minor, you must have your parent or guardian
read and agree to these Terms of Use prior to you using the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in
these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the
Site, you represent and warrant that:
(1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the
accuracy of such information and promptly update such registration
information as necessary
;
(3) you have the legal
capacity and you agree to comply with these Terms of Use;
(4) you are
not under the age of 13;
(5) you are not a minor in the
jurisdiction in which you reside
, or if a minor, you have received parental permission to
use the Site
; (6) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any
illegal or unauthorized purpose; and (8) your use of the Site will not violate
any applicable law or regulation.
If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use
of the Site (or any portion thereof).
You may
be required to register with the Site. 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 Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
As a
user of the Site, you agree not to:
- Systematically
retrieve data or other content from the Site 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 Site, including features that prevent or restrict the use
or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
- Use
any information obtained from the Site 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 Site in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the
Site.
- 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 Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or
maintenance of the Site.
- 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 Site or the
networks or services connected to the
Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to
you.
- Attempt
to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the
Site.
- Copy
or adapt the Site’s 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
Site.
- 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 Site, or
using or launching any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email, or creating user
accounts by automated means or under false
pretenses.
- Use
the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
- Use
the Site to advertise or offer to sell goods and
services.
6. USER
GENERATED CONTENTS
The Site or App 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 Site, 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 Site 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 licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
- 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 Site and
these Terms of Use.
- Your Contributions are
not false, inaccurate, or misleading.
- Your Contributions are
not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are
not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do
not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are
not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class
of people.
- Your Contributions do
not violate any applicable law, regulation, or rule.
- Your Contributions do
not violate the privacy or publicity rights of any third party.
- Your Contributions do
not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
- Your Contributions do
not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
- Your Contributions do
not otherwise violate, or link to material that violates, any provision
of these Terms of Use, or any applicable law or regulation.
-
Sexual Content and Profanity.
-
Hate Speech.
-
depict or facilitate gratuitous violence or other dangerous activities.
-
Terrorist Content.
-
Sensitive Events.
-
Contents that contain or facilitate threats, harassment, or bullying.
-
Sale of explosives, firearms, ammunition, or certain firearms accessories or any dangerous products.
-
Sale of tobacco (including e-cigarettes and vape pens) and/or alcohol or tobacco.
Any
use of the Site the app or the service in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your
rights to use the Service.
By
posting your Contributions to any part of the Site
or making Contributions accessible to the
Site by linking your account from the Site to any of your social
networking accounts
, 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 license 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 authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and
through any media channels.
This
license 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 Site. You are solely responsible for your
Contributions to the Site 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-categorize any Contributions to place them in more appropriate
locations on the Site; 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 Site or App 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 hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute all
content relating to reviews.
9. MOBILE
APPLICATION LICENSE
If you access the
Site via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms of
Use.
You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive
the source code of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
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
application.
Apple and Android
Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the application on a
device that utilizes 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 mobile application as
specified in the terms and conditions of this mobile application license
contained in these Terms of Use 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 mobile
application; (3) in the event of any failure of the mobile application 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 mobile application, and to
the maximum extent permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the mobile application; (4)
you represent and warrant that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the mobile
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile application
license contained in these Terms of Use, 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 license contained in these Terms of
Use against you as a third-party beneficiary thereof.
10. SOCIAL
MEDIA
As part of the functionality of the Site, you may link
your account with online accounts you have with third-party service providers (each such
account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login
information through the Site; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your Third-Party Account
login information to us and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your Third-Party Account (the
“Social Network Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and receive from your
Third-Party Account additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available on and
through your account on the Site. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available on and
through the Site. You will have the ability to disable the connection between your account on
the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY
YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the Site. You can deactivate
the connection between the Site and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will attempt to delete
any information stored on our servers that was obtained through such Third-Party Account, except
the username and profile picture that become associated with your account.
11. SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial
or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or misappropriation
of any proprietary right in your Submissions.
12. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content posted on, available through, or
installed from the Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and policies, including privacy and
data gathering practices, of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
We allow advertisers to display their advertisements and
other information in certain areas of the Site, such as sidebar advertisements
or banner advertisements. If you are an advertiser, you shall take full
responsibility for any advertisements you place on the Site and any services
provided on the Site or products sold through those advertisements. Further, as
an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the Site, including, but not limited to,
intellectual property rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship
with advertisers.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, 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 Site 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 Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
15. PRIVACY
POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://dzads.utrackme.xyz/privacy_policy.php
. By using the Site, you agree to be
bound by our Privacy Policy, which is incorporated into these Terms of Use. Please
be advised the Site is hosted in
the United States
. If you access the Site 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 States
, then through your continued use of the Site, you are transferring your data
to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in
accordance with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided
personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Site as quickly as is
reasonably practical.
16. COPYRIGHT
INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that
any material available on or through the Site 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 Site infringes your copyright, you should consider first contacting
an attorney.
These
Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE 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.
18. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Site without notice at any time. We will not be
liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site 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 Site during any downtime or discontinuance of the Site. Nothing in these Terms
of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed
by and construed in accordance with the laws of
the State of California
applicable to agreements made and to be entirely performed within
the State of
California
, without regard to its conflict of law principles.
Any
dispute arising
out of or in connection with this contract, including any question regarding
its existence, validity or termination, shall be referred to and finally
resolved by the International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it,
is considered as the part of this clause. The number of arbitrators shall be
__________. The
seat, or legal place, of arbitration shall be
__________
. The
language of the proceedings shall be __________
. The governing law of the contract shall be the substantive
law of
__________
.
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 utilize 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 Arbitration
The Parties
agree that the following Disputes are not subject to the above provisions concerning
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
unauthorized 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.
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forth in these Terms of Use; (5) your violation of the
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