Last updated
November 18, 2023
AGREEMENT TO OUR LEGAL TERMS
We are
Bhylu.com ( “Company,” “we,”
“us,” “our“ ).
We operate the website
https://bhylu.com/
(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 phone
at +91-9033863013 , email at
info@bhylu.com ,
or by mail to __________ ,
Nadiad ,
Gujarat
387001 , India .
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ( “you“ ), and Bhylu.com , 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.
We will provide you with prior notice of any scheduled changes
to the Services you are using. The modified Legal Terms will
become effective upon posting or notifying you by
info@bhylu.com , as stated in the
email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the
modified terms.
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.
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:
info@bhylu.com . 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/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.
By using the Services, 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 Legal Terms; (4) 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 ; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or
unauthorized
purpose; and (7) 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. USER REGISTRATION
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.
5. 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” ), 1Ă—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.
6. 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 authorize 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,
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 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.
7. 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.
8. 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.
9. 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.
10. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: https://bhylu.com/privacy-policy/ . 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
India and
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
India and
United Kingdom , then through
your continued use of the Services, you are transferring your
data to
India and
United Kingdom , and you
expressly consent to have your data transferred to and processed
in
India and
United Kingdom .
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
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.
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 __________ . Bhylu.com and yourself
irrevocably consent that the courts of
__________
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
__________ 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
__________ . The seat, or legal place,
or arbitration shall be __________ . The language of the proceedings shall be
__________ . The governing law of these
Legal Terms shall be substantive law of
__________ .
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.
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 LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US
OR . 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.
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. 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.
22. 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:
These terms of use were created using Termly’s
Terms and Conditions Generator.