Last
updated
June 20, 2024
AGREEMENT TO OUR LEGAL
TERMS
We are https://imagecompression.co/
(
"Company," "we," "us," "our"
)
, a company registered in
India
at __________
, __________
Meet Nagar
.
We operate
the website
https://imagecompression.co/
(the "Site" )
, as well as any other related products and services that
refer or link to these legal terms (the "Legal
Terms" ) (collectively, the "Services" ).
You can contact us by email at contact@imagecompression.co
or by mail to __________
, __________
Meet Nagar
,
India
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ( "you"
), and https://imagecompression.co/ , concerning your access
to and use of the Services. You agree that by accessing the Services, you have read, understood,
and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL
TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Services 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 Legal Terms from time to time
. We will alert you about any changes by updating the
"Last updated" date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the changes in any revised Legal
Terms by your continued use of the Services after the date such revised Legal Terms are posted.
We recommend that you
print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services 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 Services 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 Services are 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 the Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content" ), as well as the trademarks, service marks, and
logos contained therein (the "Marks" ).
Our Content and Marks are protected by
copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or
through the Services "AS IS" for your
personal, non-commercial use or internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the " PROHIBITED ACTIVITIES
" section
below, we grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- 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 or internal business purpose .
Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services 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.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: contact@imagecompression.co . If we ever
grant you the permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on posting, reproducing,
or displaying our Content.
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 license
(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 license 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 sublicense the licenses granted in this section. Our use and distribution
may occur in any media formats and through any media channels.
This license 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 licenses 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 - 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.
By using the Services, you represent and
warrant that:
(1) you have the legal capacity and you agree to
comply with these Legal Terms;
(2) you are not under the age of
13;
(3) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (4) you will not access the Services
through automated or non-human means, whether through a bot, script or
otherwise; (5) you will not use the Services for any
illegal or unauthorized purpose; and (6) your use of the Services 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
Services (or any portion thereof).
4. PROHIBITED
ACTIVITIES
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 endeavors
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
unauthorized 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
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorized 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 pretenses . - 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
endeavor or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services.
5. USER
GENERATED CONTRIBUTIONS
- 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 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
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,
, 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.
6. CONTRIBUTION
LICENSE
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 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 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-categorize 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.
7. ADVERTISERS
We allow advertisers to
display their advertisements and other information in certain areas of the Services, such as
sidebar advertisements or banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
8. 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.
9. PRIVACY
POLICY
We care about data privacy
and security. Please review our Privacy Policy:
https://imagecompression.co/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 States
. 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 States
, then through your continued use of the Services, you are
transferring your data to
the United States
, and you expressly consent 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 Services as quickly as is reasonably practical.
10. 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.
11. 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
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.
12. 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.
13. GOVERNING
LAW
These Legal Terms shall be
governed by and defined following the laws of
India
. https://imagecompression.co/ and yourself irrevocably
consent that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
14. 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 out of or in connection with these Legal Terms, 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
three (3) . The seat, or legal place, or arbitration shall be
Delhi ,
India
. The language of the proceedings shall be English . The governing
law of these Legal Terms shall be substantive law of
India
.
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
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.
15. 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.
16.
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 UNAUTHORIZED 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
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
17. 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.
18. 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 defense
and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense 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.
19. 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.
20. 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.
21. 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.
22. 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 defenses 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.
23. 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: